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Item 9ACity of Southlake, Texas MEMORANDUM September 7, 2004 To: Billy Campbell, City Manager From: Pedram Farahnak, P.E., Director of Public Works, ext. 2308 Subject: Approve Resolution No. 04 -060 and Authorize Mayor to execute a quitclaim deeds for drainage and utility easement abandonments on Lots 17 & 18 of Block 1 of Oakwood Estates Phase 11. Action Requested: Approve Resolution No. 04 -060 and Authorize Mayor to execute a quitclaim deeds for drainage and utility easement abandonments on Lots 17 & 18 of Block 1 of Oakwood Estates Phase 11. Background Information: With the platting of Oakwood Estates, Phase II, a 15 foot drainage and utility easement was dedicated between Lots 17 & 18 (7.5 feet on each). During construction of the Oakwood Estates one of the water lines serving the residents in this subdivision was installed between Lots 18 & 19 (see attached location map). The owners of Lot 18 & 19 dedicated an easement in the area where the water is actually installed; therefore, the easement between Lots 17 & 18 is no longer needed. Staff contacted all franchise utilities and obtained documentation that no existing infrastructure has been located in the easements that are to be abandoned. Financial Consideration: None. Citizen Input/ Board Review: None. Legal Review: The standard resolution and quitclaim deed was originally drafted by the City attorney. Alternatives: The City Council can approve it or deny it. Supporting Documents: Location Map Resolution Quitclaim Staff Recommendation: Approve Resolution No. 04 -060 and Authorize Mayor to execute a quitclaim deeds for the drainage and utility easement abandonments on Lots 17 & 18 of Block 1 of Oakwood Estates Phase II. Staff Contact: Pedram Farahnak, P.E., Director of Public Works, Ext. 2308 Valerie Bradley, Assistant to the Public Works Director, Ext. 2342 Location Map 0 0 N �O Location of Water Line Lot 19 Lot 18 Lot 17 15' easement to be abandoned N RESOLUTION NO. 04 -060 A RESOLUTION VACATING AND ABANDONING DRAINAGE AND UTILITY EASEMENTS ON LOTS 17 & 18 OF BLOCK I OF OAKWOOD ESTATES, PHAE II IN THE CITY OF SOUTHLAKE, DENTON 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 DRAINAGE AND UTILITY EASEMENTS 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, two drainage and utility easements have been previously dedicated to the City of Southlake by the owner of Lots 17 & 18 of Block 1 in Oakwood Estates, Phase II, in the City of Southlake, Denton County, Texas. WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the drainage and utility easements located on Lots 17 & 18 of Block 1 in Oakwood Estates, Phase II (the "Drainage & Utility Easements ") are 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 Drainage & Utility Easements are more specifically described on the attached exhibits: EXHIBIT A1: Drawing of 7.5' Drainage & Utility Easement on Lot 18 EXHIBIT B 1: Legal Description of 7.5' Drainage & Utility Easement on Lot 18 EXHIBIT A2: Drawing of 15' Drainage & Utility Easement on Lot 17 EXHIBIT 132: Legal Description of 15' Drainage & Utility Easement on Lot 17 WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said Drainage and Utility Easements, the City desires to execute a Quitclaim Deed releasing all title, ownership and control in said easement to the owner or owners of Lots 17 & 18 of Block 1 in Oakwood Estates, Phase II. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I The drainage & utility easements, as described herein, are not being used by, or 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 drainage & utility easements, located on Lots 17 & 18 of Block 1 in Oakwood Estates, Phase 11 in the City of Southlake, Denton County, Texas, is hereby vacated and abandoned as public property and such area shall revert in fee simple to the owner of Lots 17 & 18 of Block 1 in Oakwood Estates, Phase II. SECTION 2 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 Drainage & Utility Easements 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 Denton County, Texas by the office of the City Secretary. SECTION 3 This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED ON THIS , DAY OF , 2004. MAYOR ATTEST: CITY SECRETARY ABANDONMENT OF a 30 sn 120 t IN FEET l 1 Inch - 60 ft Note: ALL RE4RIVGS BASED ON OAKWOOD ESTATES ADOPTION (CAR 4 PG. J97) EXHIBIT " � A 7.5' DRAINAGE & 1,417 Square Feet (0,032 Acre) SUfNEY LINE iE� 1.1439 n �1 4 0"00,9 ESTATE5,,PHA5F 0 Lot /9.B /cak / EXIST. 7.5' DRAIN. & UTILITY ESMT. — — — — — Cab. 1, Pg. 397 P.R. D.C. T. UTILITY EASEMENT Chord Length = 7.51' Chord Direction = N78 0 16'21 "E Radius = 60.00' i -- - -- P5 to Angle = 07 °10'51 I EXIST. 10' UTILITY ESMT. Length = 7.52' I Cab. 1, Pg. 397 P. R• D. C. T. / j 7SIXWER E EASEMENT N15 °19'04 "W 1 S15 °19'04 "E 188.15' 189,89' [ Bayd 0 GWI,7,- Etux Undo OAMOOD ESTATES,PIIASE OWF OOV ESTATES,PHASE // Laf/7,Bloat / Lat /B,B /cif , 1 i 1 P ®® I EXIST. 7.5' DRAIN, 8 UTILITY ESMT- N15 019'04 "W i — ___. — Cab -1. Pg. 397 P.R.D. C. T. — � 7.82 — — -- , EXIST. 15' ESMT. Val. 1185. Pg. 893 D. R. 0. C. T POINT ©F N88 51'52N COMMENCING ' "IRF7 7.8' 4/c%/E.Nalan and Wh'e EIIzaL,th LNolan C/* of Sclth'ate (w acreage w/D 60MO Acres Valuine 756,Pzge 308 (D.fl.XTJ Va/wn43 / /, Fog? 2461(aR.00.TJ 1 ^9 IM1rl_aAli A.11, Ann^^lATC 10. 1 4 go 111 ABANDON A PORTION OF A 7.5 FOOT WATER LINE EASEMENT DESCRIPTION OF EASEMENT TO ABANDON BEING a portion of a 7.5 foot wide drainage and utility easement as shown on plat of Lot 18, Block 1, Oakwood Estates, filed in Cabinet `I', Page 397, Plat Records, Denton County, Texas, said easement being situated in the H.A. Throop Survey, Abstract No. 1273, City of Southlake, Denton County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a '/z inch iron pin found for the southeast corner of said Lot 18, Block 1, THENCE North 15 °19'04" West, along the east line of said Lot 18 a distance of 7.82 feet, to a point in the north line of an existing 7.5 foot wide drainage and utility easement, said point being the POINT OF BEGINNING for the herein described abandonment; THENCE North 88 °51'52" West, a distance of 7.82 feet, to a point for corner; THENCE North 15 °19'04" West, a distance of 188.15 feet, to a point for corner in the south line of an existing 10 foot wide utility easement, said point being in a curve to the left having a central angle of 7'10'5 1 ", a radius of 60.00 feet, with a long chord bearing N78 °16'21 "E, 7.51 feet; THENCE Northeasterly, along said curve to the left an arc length of 7.52 feet, to a point in the east line of Lot 18 THENCE South 15 °19'04" East, along the east Pane of Lot 18 a distance of 189.89 feet, to the POINT OF BEGINNING, and containing 1417 square feet or 0.032 acres of land, more or less. G A001- 5461EAS EMENTS1546- Oakwood -t 8ESMTABANA.doc EXHIBIT "A "2 ABANDONMENT OF A 7.5' DRAINAGE & UTILITY EASEMENT 1,434 Square Feet (0.033 Acre) BROOKS COURT EXIST. 10' UTILITY Cab. 1. Pg. 397 P. R. D. C. T.�'� N15 0 19'04 "W 189.89' OAMOOO ESTATES.Ph'ASE LCt /B.BIW / ri t IN FEET ) i inch - 80 ft. Note: ALL BEAR M BASED ON OAKWOOD ESTATES At)Di W (CAB 4 PC. 397) —Chord Length = 7.51' Chord Direction = N71 0 05'31 "E Radius = 60.00' 1 Delta Angie = 07 `1 Arc Length = 7.52 1 �1 1 1 EXIST. 7.5' DRAIN. & UTILITY ESMT. Cab- I -Pg. 397 P. R. D. C. T. EXIST. 15' ESMT. Vo! . 1 185. Pg. 893 D. R. D. C. T. N15° 9'04 "W Ch) of Sa, fiY ke 7.82' 608825 *,res Yoluls 4JI1..Page 246 /tOR.(�C.TJ \ \ City or S�Nake 608825 Acres \ VOlumc 4N /,/Doge 246 /10.f7 ST) \ S 15 ° 19'04"E OAA OOO EST le17, ATES.PHASE \ 192.58' BW P®B / \ \ --N88 °51'52 "W \ 7.82' EXIST. 7.5' DRAIN. & UTILITY ESMT. \ .._ — ,. — — .._ — ,.._.. — — _ ....._. — ....... — _.._ — Cab. I . Pg. 397 P. R.D.C. T- ._... — CO IN G CO l% "IRF1 MMIN Mlclve /E.NWcn and w/r4 E/IZ006th L &Vw lm acreage cow Valum 756,P47e 308 fO.R ./Inks ✓ors and wit Lulo /aW fiewnder 875 Acres YO/,Vl s 384. Page 615 69R�C.TJ CHEATHAM AND ASSOCIATES 1801L LANAR BLVD SURE 200 ARLINOTON, MM 70011 (917) 548 -0898 Metro (BM285 -8838 IO.. 11 0 .3 Wa C i ABANDON A PORTION OF A 7.5 FOOT WATER LINE EASEMENT DESCRIPTION OF EASEMENT TO ABANDON BEING a portion of a 7.5 foot wide drainage and utility easement as shown on plat of Lot 17, Block 1, Oakwood Estates, filed in Cabinet `I', Page 397, Plat Records, Denton County, Texas, said easement being situated in the H.A. Throop Survey, Abstract No. 1273, City of Southlake, Denton County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a %z inch iron pin found for the southwest corner of said Lot 19, Block 1, THENCE North 15 °19'04" West, along the west line of said Lot 19 a distance of 7.82 feet, to a point in the north line of an existing 7.5 foot wide drainage and utility easement, said point being the POINT OF BEGINN \IG for the herein described easement abandonment; THENCE Continuing North 15 °19'04" West, along the west line of Lot 19 a distance of 189.89 feet, to a point for corner in the south line of an existing 10 foot wide utility easement, said point being in a curve to the left having a central angle of 7'10'5 1", a radius of 60.00 feet, with a long chord bearing N 71 °05'31" E, 7.51 feet; THENCE Northeasterly, along said curve to the left an arc length of 7.52 feet, to a point for corner; THENCE South 15 °19'04" East, a distance of 192.58 feet, to a point in the north line of an existing 7.5 foot wide easement; THENCE North 88 °51'52" West, a distance of 7.82 feet, to the POINT OF BEGINNING, and containing 1434 square feet or 0.033 acres of land, more or less. GA001- 5461 EASEMENTS 1546- aakwood- 17ESMTARAND.doc QUITCLAIM DEED STATE OF TEXAS KNOW ALL BY THESE PRESENTS: COUNTY OF TARRANT That the City Council of the City of Southlake, County of Denton, State of Texas, after careful study and consideration, has determined that certain drainage and utility easements located on Lots 17 & 18 of Block 1 in Oakwood Estates, Phase II, as recorded in Cabinet `I', Page 397, of the plat records of Denton County, Texas, 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: the property owners of Lots 17 & 18 of Block 1 in Oakwood Estates, Phase II 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 Denton County, Texas, to wit: See Exhibit 'A1': Legal Description of Lot 18 See Exhibit 'A2': Legal Description of Lot 17 TO HAVE AND TO HOLD all of its right, title and interest in and to the above described drainage and 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 drainage and utility easements premises or appurtenances or any part thereof. Executed this the day of 1 2004. CITY OF SOUTHLAKE ma Andy Wambsganss, Mayor 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 knowledge to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE this the day of 2004. Notary Public in and for the State of Texas My commission expires: Return to: City Secretary City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 IWiff'.1: I ' ABANDON A PORTION OF A 7.5 FOOT WATER LINE EASEMENT DESCRIPTION OF EASEMENT TO ABANDON BEING a portion of a 7.5 foot wide drainage and utility easement as shown on plat of Lot 18, Block 1, Oakwood Estates, filed in Cabinet `I', Page 397, Plat Records, Denton County, Texas, said easement being situated in the H.A. Throop Survey, Abstract No. 1273, City of Southlake, Denton County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a %z inch iron pin found for the southeast corner of said Lot I8, Block 1, THENCE North 15'19'04" West, along the east line of said Lot 18 a distance of 7.82 feet, to a point in the north line of an existing 7.5 foot wide drainage and utility easement, said point being the POINT OF BEGINNING for the herein described abandonment; THENCE North 88 °51'52" West, a distance of 7.82 feet, to a point for corner; THENCE North 15 °19'04" West, a distance of 188.15 feet, to a point for corner in the south line of an existing 10 foot wide utility easement, said point being in a curve to the left having a central angle of 7 °10'51 ", a radius of 60.00 feet, with a long chord bearing N78 °16'21 "E, 7.51 feet; THENCE Northeasterly, along said curve to the left an arc length of 7.52 feet, to a point in the east Iine of Lot 18 THENCE South 15 °19'04" East, along the east line of Lot 18 a distance of 189.89 feet, to the POINT OF BEGINNING, and containing 1417 square feet or 0.032 acres of land, more or less. GA 001- 5461EASEMENTS1546- oakwood -1 SESWABAND.doc EXHIBIT A2 ABANDON A PORTION OF A 7.5 FOOT WATER LINE EASEMENT DESCRIPTION OF EASEMENT TO ABANDON BEING a portion of a 7.5 foot wide drainage and utility easement as shown on plat of Lot 17, Block 1, Oakwood Estates, filed in Cabinet `I', Page 397, Plat Records, Denton County, Texas, said easement being situated in the H.A. Throop Survey, Abstract No. 1273, City of Southlake, Denton County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a %Z inch iron pin found for the southwest corner of said Lot 19, Bloch 1, THENCE North 15 °19'04" West, along the west line of said Lot 19 a distance of 7.82 feet, to a point in t'he north line of an existing 7.5 foot wide drainage and utility easement, said point being the POINT OF BEGINNING for the herein described easement abandonment; THENCE Continuing North 15 °19'04" West, along the west line of Lot 19 a distance of 189.89 feet, to a point for corner in the south line of an existing 10 foot wide utility easement, said point being in a curve to the left having a central angle of 7 °10'51 ", a radius of 60.00 feet, with a long chord bearing N 71 °05'31" E, 7.51 feet; THENCE Northeasterly, along said curve to the left an arc length of 7.52 feet, to a point for corner; THENCE South 15 °19'04" East, a distance of 192.58 feet, to a point in the north line of an existing 7.5 foot wide easement; THENCE North 88 °51'52" West, a distance of 7.82 feet, to the POINT OF BEGINNING, and containing 1434 square feet or 0.033 acres of land, more or less. QN001- 5461EASEMENTS 1546- oakwood- I 7ESMTABAND.doc