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Item 5ICity of Southlake, Texas MEMORANDUM December 6, 2005 To: Shana Yelverton, City Manager From: Charlie Thomas, Interim Public Works Director Subject: Resolution No. 05 -072, abandoning and quit claiming an Ingress/Egress easement in a portion of the A.H. Chivers Survey #299, being the most westerly 718.83 feet of Primrose Lane, save and except for an easement for a water line Action Requested: Approve Resolution No. 05 -072, abandoning and quit claiming an ingress /egress easement in a portion of the A.H. Chivers Survey # 299, being the most westerly 718.83 feet of Primrose Lane, save and except an easement for a water line Background Information: Terra/Estes Park L.P. acquired the most westerly two tracts of land along the north side of Primrose Lane which they propose to incorporate into a new subdivision plat called Estes Park III.. Primrose Lane is, actually, a 30' wide ingress /egress easement, not a public street. With this area of Primrose Lane being in the rear of the new lots when Estes Park III is platted, the public will have no use for this ingress /egress easement except for an easement for a water line. Financial Considerations: None Citizen Input/ Board Review: None Legal Review: This is the standard resolution and quit claim deed, originally, drafted by the City Attorney. Alternatives: The Council may approve it or deny it. Supporting Documents: Resolution Quit Claim Deed Location Map Staff Recommendation: Approve Resolution No. 05 -072, abandoning and quit claiming an ingress /egress easement in a portion of A.H. Chivers Survey # 299, being the most westerly 718.83 feet of Primrose Lane, save and except an easement for a water line. RESOLUTION NO. 05 -072 A RESOLUTION VACATING AND ABANDONING INGRESS /EGRESS EASEMENT IN A PORTION OF A.H. CHIVERS SURVEY #299, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID INGRESS/EGRESS EASEMENT AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its Charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, Ingress /Egress easement has been previously dedicated to the City of Southlake by the owner of a portion of A.H. Chivers Survey #299 in the city of Southlake, Tarrant County, Texas. WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the Ingress/Egress easement located in a portion of A.H. Chivers Survey 9299 (the "Ingress/Egress Easement ") is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. Said Ingress/Egress easement is more specifically described on the attached exhibits: EXHIBIT A: Legal Description EXHIBIT B: Graphic Depiction WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said Ingress/Egress easement, the City desires to execute a Quitclaim Deed releasing all title, ownership and control in said easements to the owner or owners of a portion of A.H. Chivers Survey #299. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The Ingress/Egress easement, as described herein, is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. Accordingly the above described Ingress/Egress easement, located in a portion of A.H. Chivers Survey #299 in the City of Southlake, Tarrant County, Texas, is hereby vacated and abandoned as public property and such area shall revert in fee simple to the owner of a portion of A.H. Chivers Survey #299. SECTION II The Mayor of the city of Southlake, Texas is hereby authorized and empowered to execute a Quitclaim Deed releasing all claims to title, ownership, or control of the Ingress/Egress Easement on the behalf of the city of Southlake, Texas. A copy of said Quitclaim Deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the Office of the City Secretary. SECTION III This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED 2005. ON THIS I DAY OF MAYOR, ANDY WAMBSGANSS ATTEST: CITY SECRETARY, LORI FARWELL APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY DATE: ADOPTED: EFFECTIVE: EXHIBUA Area Surveying, Inc. REGISTERED PROFESSIONAL LAND SURVEYORS 135 Sheffield D,*e Fort W wlk TX 76134 817- 243 -5684 FIELD NOTES Description for a tract of land in the A. H. Chivers Survey, Abstract Number 299, City of Southlake, Tarrant County, Texas, and being a portion of Primrose Lane, and also being a portion of a 30 feet (30') wide Easement for Ingress and Egress, recorded in Volume 3977, Page 264, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 112 "iron pin found in the north line Primrose Lane for the southeast corner of a tract of land described in a deed to Terra/Estes Park, L.P., recorded in Clerk's File Number D204211595, Deed Records, Tarrant County, Texas; THENCE South 00 degree 46 minutes 46 seconds East a distance of 30.00 feet to the south line of Primrose Lane; THENCE South 89 degrees 46 minutes 56 seconds West a distance of 719.04 feet along the south line of Primrose Lane to a 112" iron pin found in concrete at the end of Primrose Lane; THENCE North 00 degree 23 minutes 40 seconds West a distance of 30.00 feet along the west line of Primrose Lane to a 112" iron pin found for the southwest corner of a tract of land described in a deed to Terra/Estes Park, L.P., recorded in Clerk's File Number D204211594, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 48 minutes 05 seconds East a distance of 390.15 feet along the north line of Primrose Lane to a 518" iron pin found for the southeast corner of said Terra/Estes tract recorded in Clerk's File Number D204211594, and for the southwest corner of said Terra/Estes tract recorded in Clerk's File Number D204211595; THENCE North 89 degrees 45 minutes 36 seconds East a distance of 328.68 feet continuing along the north line of Primrose Lane to the POINT OF BEGINNING, said described tract containing 0.494 of an acre of land. These Field Notes were prepared by Roger W. Hart, R.P.L.S. No. 4484 from previous surveys CAPmgectMEstes Park Do= Pdmrose Field Nntes.doe Page 1 of 1 I I No. 44035Ex Lot 10, Block 1 1, Terra /Estes Park, L.P. L ESTES Clerk's File No. PAR K, No. "' o , ll D204211594, D.R.T.C.T. C �c i � Terra /Estes Park, L.P. Clerk's File No. o � D20421 1595, D. R.T.C.T. � 0 I L _o T N 89 48 05 E 390.15 N 89 328.68 - ©- 3/8" iron pin S 89 W 719.04 0 0 found in 30 Easement for Ingress & Egress 0 O concre tre Volume 3977, Page 264 CD � W O Plat Showing Survey of a portion of N Primrose Lane o O O being a tract of land in the A. H. Chivers Survey l o Abstract Nubmer 299, City of Southlake, Tarrant County, Scale: ... Texas. " 1 =50' =; AREA SURVEYING, INC. 1 d r �•�■■� Registered Professional Land Surveyors — 135 Sheffield Drive Phone (817) 293 -5684 M Fort Worth, TX 76134 Fax 17 293 -5685 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 certain Ingress /Egress easement located in a portion of A.H. Chivers Survey 4299, 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: Terra/Estes Park L.P. 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: See Exhibit `A': Legal Description See Exhibit `B': Graphic Depiction TO HAVE AND TO HOLD all of its right, title and interest in and to the above described Ingress /Egress easement 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 Ingress /Egress easement premises or appurtenances or any part thereof. Executed this the day of 1 2005. CITY OF SOUTHLAKE wo Mayor, Andy Wambsganss STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared Andy Wambsganss, 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 2005. 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 Grantee: Terra/Estes Park L.P. 395 W. Northwest Parkway Suite 300 Southlake, Texas 76092 EXHIBITA Area Surveying, Inc. REGISTERED PROFESSIONAL LAND SURVEYORS 135 Sh.E.ld Drive Fon Worth, 7X 76134 $17- 243 -55$4 FIELD NOTES Description for a tract of land in the A. H. Chivers Survey, Abstract Number 299, City of Southlake, Tarrant County, Texas, and being a portion of Primrose Lane, and also being a portion of a 30 feet (30') wide Easement for Ingress and Egress, recorded in Volume 3977, Page 264, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 112 "iron pin found in the north line Primrose Lane for the southeast corner of a tract of land described in a deed to Terra /Estes Park, L.P., recorded in Clerk's File Number D204211595, Deed Records, Tarrant County, Texas; THENCE South 00 degree 46 minutes 46 seconds East a distance of 30.00 feet to the south line of Primrose Lane; THENCE South 89 degrees 46 minutes 56 seconds West a distance of 719.04 feet along the south line of Primrose Lane to a 112" iron pin found in concrete at the end of Primrose Lane; THENCE North 00 degree 23 minutes 40 seconds West a distance of 30.00 feet along the west line of Primrose Lane to a 1/2" iron pin found for the southwest corner of a tract of land described in a deed to Terra /Estes Park, L.P., recorded in Clerk's File Number D204211594, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 48 minutes 05 seconds East a distance of 390.15 feet along the north line of Primrose Lane to a 518" iron pin found for the southeast corner of said Terra /Estes tract recorded in Clerk's File Number D204211594, and for the southwest corner of said Terra /Estes tract recorded in Clerk's File Number D204211595; THENCE North 89 degrees 45 minutes 36 seconds East a distance of 328.68 feet continuing along the north line of Primrose Lane to the POINT OF BEGINNING, said described tract containing 0.494 of an acre of land. These Field Notes were prepared by Roger Hart, R.P.L.S. No. 4484 from previous surveys. C'Trgp&slEstes Park DowlPnmrose Field Netes.doe Page I of ] 3/8 iron pin S 89 °4q "56 " W 719.04 d found in 30 Easement for Ingress & Egress o o concretre Volume 3977, Page 264 0 � W p l No. 44035Ex d ff Survey of a portion of Lot 10, N Primrose Lane Block 1 1, O 0 Terra /Estes Park, L.P. I L I ESTES Clerk's File No. being a tract of land in the ell �pPas ' D204211594, D.R.T.C.T. A. H. Chivers Survey, .c Abstract Nubmer 299, City of Southlake, Tarrant County, Texas. T exas. U j I Im Terra /Estes Park, L.P. ,- Clerk's File No. ) o 0= p D204211595, D.R.T.C.T. �� N 89 "48'05" E 390.15 � N 89 °45'36 "E 328.68 w a- 3/8 iron pin S 89 °4q "56 " W 719.04 d found in 30 Easement for Ingress & Egress o o concretre Volume 3977, Page 264 0 � W p Plat Showing �D d Survey of a portion of .71- N Primrose Lane o O 0 0 being a tract of land in the U) P � r A. H. 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