Item 4GCITY OF
SOUTHLAKE
MEMORANDUM
(July 20, 2010)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Approve Ordinance No. 976, 1st Reading, Abandonment of
public roadway and utility easement located on 580, 620, and
640 South White Chapel Boulevard
Action
Requested: Approve Ordinance No. 976, 1st Reading, Abandonment of public
roadway and utility easement located on 580, 620, and 640 South
White Chapel Boulevard.
Background
Information: The existing 30 foot public roadway and utility easement located on
Lot 1 F of the Granberry, Hiram Survey Abstract 581 and a 60 foot
roadway and utility easement located on Lots 1 G and 1 G01 of the
Granberry, Hiram Survey Abstract 581 on South White Chapel
Boulevard is not currently being utilized by the City of Southlake
and serves no useful or convenient purpose for the City.
The public roadway and utility easement was granted in 1968 by
the former owners, Dennis Jenkins, Cleo Howard, and James and
Lyda McConnell. Mr. William Lafavers acquired the three lots in
2005 and requested the easements to be abandoned since the city
is not utilizing them. The lot located to the west of these three lots
is a flag lot and has a separate access off of South White Chapel
Boulevard.
Financial
Considerations: None
Strategic Link: The abandonment of the two public roadway and utility easements
links to the city's strategy map relative to the focus areas of
Performance Management and Service Delivery. The specific
corporate objectives that are met by the construction of the
development is: Providing high quality customer service.
Citizen Input/
Board Review: N/A
Legal Review: The ordinance has been reviewed by the City Attorney's office.
Alternatives: The City Council may approve Ordinance No. 976 or deny it.
Supporting
Documents: Location Map
Final Plat
Ordinance 976
Easement Documents
Quitclaim Deed
Staff
Recommendation: Approve Ordinance No. 976, 1st Reading, Abandonment of public
roadway and utility easement located on 580, 620, and 640 South
White Chapel Boulevard.
Staff Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Michelle McCullough, P.E., Civil Engineer
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Ordinance No. 976
ORDINANCE NO.976
AN ORDINANCE VACATING AND ABANDONING A 30 FOOT
PUBLIC ROADWAY AND UTILITY EASEMENT AND
ACCOMPANYING 60 FOOT ROADWAY AND UTILITY
EASEMENT LOCATED ON 580, 620, AND 640 SOUTH WHITE
CHAPEL BOULEVARD ON THE HIRAM GRANBERRY SURVEY
ABSTRACT NO. 581 AND RECORDED IN VOLUME 4554, PAGE
958 D.R.T.C.T. IN THE CITY OF SOUTHLAKE; DECLARING
THAT SUCH EASEMENTS ARE UNNECESSARY FOR USE BY
THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE
QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE
EASEMENTS; PROVIDING A SEVERABILTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ("the City") is a home rule city acting under its
power adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that these easements, located in the City of Southlake,
recorded in Volume 4554, page 958 are not being used by, nor useful or convenient to the
public in general; therefore, it would be better served and benefited by its vacation and
abandonment; and
WHEREAS, in order to remove any question as to the continued interest in the
easements, the City desires to execute quitclaim deeds releasing all title and control in
said easements to the owners of the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
A 30 foot public roadway and utility easement and accompanying 60 foot
roadway and utility easement located on 580, 620, and 640 South White Chapel
Boulevard in the City of Southlake, more specifically described in Exhibit A and shown
graphically in Exhibit B. Exhibits "A" and "B" attached hereto and incorporated herein
for all purposes, are not being used by, nor useful or convenient to the public in general
and the public would be better served and benefited by their vacation and abandoned as
public easements.
1
Ordinance No. 976
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute quitclaim deeds to the following entity: William Lafavers. for the easements
described in Exhibits "A" and "B".
SECTION 3
Copies of said quitclaim deeds shall be presented for filing with the County Clerk
of Tarrant County, Texas by the office of the City Secretary.
SECTION 4
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5
This Ordinance shall be in full force and effect from and its passage, and it so
ordained.
2
Ordinance No. 976
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
2010.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
2010.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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QUITCLAIM DEED
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after
careful study and consideration, has determined that the existing 30 foot public roadway and
utility easement located on Lot IF of the Granberry, Hiram Survey Abstract 581 and a 60 foot
roadway and utility easement located on Lots 1 G and 1 GO 1 of the Granberry, Hiram Survey
Abstract 581 and recorded in volume 4554, page 958, D.R.T.C.T., hereinafter specifically
described, is not being used by, nor useful or convenient to the public in general; therefore, it
constitutes a public charge without a corresponding public benefit, and the public would be
better served and benefited by its vacation and abandonment. For and in consideration of the
above findings and for other good and valuable consideration, the receipt and sufficiency of
which is hereby acknowledged, the City of Southlake does hereby bargain, sell, release, vacate,
abandon and forever quitclaim unto William Lafavers and any and all of its heirs, legal
representatives of assigns, all of its right, title, and interest in and to the following described real
property situated in Tarrant County, Texas, to wit:
A 30 foot public roadway and utility easement and accompanying 60 foot
roadway and utility easement located on 580, 620, and 640 South White
Chapel Boulevard in the City of Southlake, more specifically described in
Exhibit A and shown graphically in Exhibit B.
TO HAVE AND TO HOLD all of its right, title and interest in and to the above
described utility easements unto the said Grantee, its heirs and assigns forever, so that neither
Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or
title to the aforesaid utility easement premises or appurtenances or any part thereof.
Executed this the day of , 2010.
CITY OF SOUTHLAKE
0
Mayor, John Terrell
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared John Terrell,
Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
, 2010.
Notary Public in and for the State of Texas
My Commission expires:
Return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092