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Item 6ACITY OF SOUTHLAK-E MEMORANDUM (August 3, 2010) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Approve Ordinance No. 976, 2nd Reading, Abandonment of public roadway and utility easement located on 580, 620, and 640 South White Chapel Boulevard (PUBLIC HEARING) Action Requested: Approve Ordinance No. 976, 2nd Reading, Abandonment of public roadway and utility easement located on 580, 620, and 640 South White Chapel Boulevard. (PUBLIC HEARING) 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. City Council approved Ordinance No. 976 on 1st Reading on July 20, 2010. 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, 2nd 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 s. .7 7 � O a ad Q z _ FI, _ _ i ,O2 ES•S z* I� #o co � N ;vi o - � w z N J 3 0 > z q e d d•5� @ AS`n�55MRa°l Yf 693 @g �9 e5`g. a v1 �983���j�f 5 p off I , Iu,Ltj aIIgAj ulnoS ;� �a��HUHliaso a ` h slu.N c ' I I I I - _ - I I � ' 'j t - — - -1 _ at 3 d m > !6 6r2 3..GZ,GC.00 N s zE S 3 1•F. I u I o? - 1 L00'OE 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 SEVERABIL,TY 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. 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'r k' � �! �� t!i «ilk! .i .r'sz5 r • � ! �[ !•l, =•ri t� ..`i 7 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 1F of the Granberry, Hiram Survey Abstract 581 and a 60 foot roadway and utility easement located on Lots 1G and 1G01 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 12010. CITY OF SOUTHLAKE 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