Item 7C MemoCity of Southlake, Texas
MEMORANDUM
July 15, 2003
To: Billy Campbell, City Manager
From: Pedram Farahnak, P.E., Director of Public Works, 481 -2308
Subject: Ordinance No. 835, 2nd reading, abandoning and quit claiming a portion of Dove
Road right of way.
Action Requested: Approve Ordinance No. 835, 2nd reading, abandoning and quit claiming a
portion of the Dove Road right of way consisting of three tracts of 0.221,
0.123 and 0.0763 acres each (total of 0.4203 acres).
Background
Information: Previously, the City Council authorized the City Manager to execute a
contract of sale and exchange of property between the City of Southlake
and Westerra, Southlake, L.P. That contract called for abandoning and
quit claiming three tracts of right of way at the southwest corner of Dove
Road and N. White Chapel Boulevard to Westerra Southlake L.P. in
exchange for a strip of right of way along the south side of Dove Road.
Ordinance No. 835 follows through with abandonment and quitclaim of
these tracts of right of way to Westerra Southlake, L.P.
The Council approved Ordinance No. 835, I' reading, on June 17, 2003.
Since the I' reading, the wording of Section 5 was changed to:
This Ordinance shall be in full force and effect from and after the receipt of
a special warranty deed from Westerra Southlake, L.P. for certain property
in accordance with the Agreement between the City and Westerra for the
exchange of certain real property, as approved on July 15, 2003.
Financial
Consideration: The right of way abandonment was part of the contract to acquire right of
way along the south side of Dove Road.
Citizen Input/
Board Review: None
Legal Review: The ordinance and quit claim deed forms were originally drafted by the
City attorney.
Alternatives: If this portion of right of way is not abandoned, the City may have to
purchase the portion of Westerra's property already used for Dove Road
widening.
Supporting
Documents: Ordinance No. 835
Quit Claim Deed
Location Map
Staff
Recommendation: Approve Ordinance No. 835, 2nd reading, abandoning and quit claiming a
portion of the Dove Road right of way consisting of three tracts of 0.221,
0.123 and 0.0763 acres each (total of 0.4203 acres).
Staff Contact: Pedram Farahnak, P.E., Director of Public Works, 481 -2308
Charlie Thomas, P.E., City Engineer, 481 -2175
ORDINANCE NO. 835
AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY
IN PORTIONS OF THE T. MARTIN SURVEY, ABSTRACT NO. 1134 IN
THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS;
DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE
BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP INTEREST
AND CONTROL OF SAID RIGHT -OF -WAY; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by
the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Local Government Code; and
WHEREAS, a right of way has been previously claimed by prescriptive rights by the City
of Southlake in the T. Martin Survey, Abstract No. 1134 to the City of Southlake, Tarrant
County, Texas; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the right -of -way located in portions of the T. Martin Survey,
Abstract No. 1134 is not being used by, nor useful or convenient to the public in general; save and
except for a utility easement for existing utility facilities.
WHEREAS, in order to remove any question as to the continued interest or ownership of
the public in said right -of -way, the City desires to execute a quitclaim deed releasing all title,
ownership, and control in said right -of -way to the owners of the abutting property, save and
except for a utility easement for existing utility facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The right -of -way in portions of the T. Martin Survey, Abstract No. 1134 to the City of
Southlake, Tarrant County, Texas, more specifically described in Exhibits "A ", `B ", and "D"
attached hereto and incorporated herein for all purposes, is not being used by, nor useful or
convenient to the public in general. Save and except for a utility easement for existing utilities. 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 right -of -way is
hereby vacated and abandoned as public property save and except for a utility easement for
existing utilities.
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 right -of -way on
the behalf of the City of Southlake, Texas.
SECTION 3
A copy of said quitclaim shall be presented for filling 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
judgement 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 after the receipt of a special
warranty deed from Westerra Southlake, L.P. for certain property in accordance with the
Agreement between the City and Westerra for the exchange of certain real property, as approved
on July 15, 2003.
PASSED AND APPROVED ON FIRST READING ON THIS 17`" DAY OF JUNE 2003.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS 1_5`" DAY OF JULY 2003.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
Date Signed:
Date Approved:
Date Effective:
"M1- LJ
200 s l0o 600-
TRACT ONE
UIMPH I C SCALE IN FEET 0.2D7 ACRES
TRACT THREE
,q 0.0763 ACRES
P o
— DOVE ROAD
�K e
TRACT FIVE TRACT TWO T
1.047 ACRES 0.123 ACRES
WESTER RA SOUTI -LAKE, L. P.
i pl Via I . 12 5, Pgg.9
6. R.. T. C. T, TRACT FOUR
0.221 ACRES
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EXHIBIT A
LEGAL DESCRIPTION
OF
0.221 ACRES OF LAND
BEING a tract of land situated in the T. Martin Survey, Abstract Number 1134, Tarrant
County, Texas, and being a portion of that tract of land described by deed to Westerra
Southlake, L.P., recorded in Volume 12615, Page 339, Deed Records of Tarrant County,
Texas, and being more particularly described by metes and bounds as follows;
COMMENCING at a PK Nail found at the northeasterly corner of said Westerra tract, in
the approximate centerline of existing Pleasant Run - White Chapel Road (County Road
No. 3016);
THENCE with the northerly line of said Westerra tract, S89 °57'48 "W, 25.00 feet, to a 5/8
inch iron rod with plastic cap stamped "Carter & Burgess ", set for the POINT OF
BEGINNING at northerly line of said Westerra tract and the westerly right, -of -way line of
said Pleasant Run— White Chapel Road;
THENCE S00 0 54'45 "W, 25.00 feet with the westerly right -of -way line of said Pleasant
Run — White Chapel Road, to a 5/8 inch iron rod with plastic cap stamped "Carter &
Burgess ", set;
THENCE S89 0 57'48 "W, 442.49 feet to a 518 inch iron rod with plastic cap stamped
"Carter & Burgess ", set at the beginning of a non - tangent curve to the left;
THENCE with said non- tangent curve to the left, an arc distance of 96.32 feet, through a
central angle of 04 0 14'19 ", a radius of 1302.00 feet, the long chord of which bears
N77 11 10'59 "E, 96.30 feet;
THENCE N73 0 42'52 "E, 13.15 feet;
THENCE N89 0 57'48 "E, 336.37 feet to the POINT OF BEGINNING, and containing 0.221
acres of land, more or less.
C &B Job No. 010676.020.1.0001 Tracking No. N/A
S #FW12W August 15, 2002
J: \job\ 01067601 \sur \wp \leg \67602BN5.leg.DOC Page 1 of 2
- NOTES.
N 1. BASIS OF BEARING IS THE RECOVERED NORTH LINE OF THE WESTERRA SCUTHL4KE, L.P.
TRACT RECORDED IN VOLUME 12615, PAGE 339 OF DEED RECORDS, TARRANT COUNTY, TEXAS
WITH A - 00'35'09" ROTATION.
2. THIS SURVEY WAS PERFORMED WITHPOUT THE BENEFIT OF A TITLE COMMITMENT, 'THEREFORE
EASEMENTS AND OTHER MATTERS OF RECORD WHICH MAY AFFECT THE SUBJECT PACT MAY NOT
W E BE SHOWN.
3. BASED ON A REVIEW OF FLOOD INSURANCE RATE MAP, MAP NUMBER 4843900185 H, REVISED
AUGUST 2, 1995, THE SUBJECT PROPERTY DOES NOT LIE IN THE 100 YEAR FLOOD PLANE.
4. TERMS AND CONDITIONS OF ORDINANCE NO. 71 -100, ENTITLED AIRPORT ZONING ORDINANCE OF
THE DALLAS -FORT WORTH REGIONAL AIRPORT, RECORDED IN VOLUME 7349, PAGE 1106 OF DEED
RECORDS. TARRANT COUNTY, TEXAS AFFECT THE SUBJECT PROPERTY.
3
1
0 100 200
300
I
REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY MADE ON THE
FND
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Vol. 12615, Pg. 339
D. R. T. C. T.
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L CERTIFICATION
I TODD A 'BRIDGES REGISTERED PROFESSIONAL
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LAND SURVEYOR OF THE STATE I I
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a OF TEXAS, DO HEREBY CERTIFY THAT THE MAP SHOWN HEREON ACCURATELY
REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY MADE ON THE
o GROUND UNDER MY DIRECTION AND SUPERVISION IN OCTOBER, 2001, AND THAT
I
, _ � \STE,q•. 'I`
o ALL CORNERS ARE AS SHOWN.
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THERE ARE NO ENCROACHMENTS, EASEMENTS, CONFLICTS OR PROTRUSIONS APPARENT
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ON THE GROUND EXCEPT AS SHOWN.
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TODD A. BRIDGES
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o TODD A. BRIDGES
4940 yr
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REGISTERED PROFESSIONAL LAND SURVEYOR
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TEXAS REGISTRATION NO. 4940
DATED E 08-12-2002
CARTER & BURGESS INC. An Exhibit showing 0.221 Acres of Land
777 MAIN STREET
FORT WORTHI 76102
(817) 735 - 6000 JOB # 010676.020.1.0047 1 DATE: 08 -12 -2002 DRAWN: tab CHECKED:
1
SHT. NO.
2 of 2
FILE j� \JOB \01067601 \SUR \67602BN5.dgn
DATE+ 13- Au° -02 13.26.
EXHIBIT B
LEGAL DESCRIPTION
OF
0.123 ACRES OF LAND
BEING a tract of land situated in the T. Martin Survey, Abstract Number 1134, Tarrant
County, Texas, and being a portion of that tract of land described by deed to City of
Southlake, and recorded in Volume 7354, Page 934, Deed Records of Tarrant County,
Texas, and being more particularly described by metes and bounds as follows;
COMMENCING at a PK Nail found at the northeasterly corner of a tract of land
described by deed to Westerra Southlake, L.P. and recorded in Volume 12615, Page
339, Deed Records of Tarrant County, Texas, also being in the approximate centerline
of existing Pleasant Run - White Chapel Road (County Road No. 3016);
THENCE with the northerly line of said Westerra Southlake tract, S89 0 57'48 "W, 25.00
feet, to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess ", set for the
POINT OF BEGINNING at northerly line of said Westerra Southlake tract and the
westerly right -of -way line of said Pleasant Run — White Chapel Road;
THENCE continuing with the northerly line of said Westerra Southlake tract,
S89 0 57'48 "W, 213.77 feet, to a 5/8 inch iron rod with plastic cap stamped "Carter &
Burgess ", set;
THENCE N00 0 21'35 "W, 25.00 feet to a 5/8 inch iron rod with plastic cap stamped
"Carter & Burgess ", set;
THENCE N89 0 57'48 "E, 214.33 feet to a 5/8 inch iron rod with plastic cap stamped
"Carter & Burgess ", set in the westerly right -of -way line of said Pleasant Run — White
Chapel Road;
THENCE "S00 0 54'45 "W, 25.00 feet with the westerly right -of -way line of said Pleasant
Run — White Chapel Road, to the,POINT OF BEGINNING, and containing 0.123 acres
of land, more or less.
C &B Job No. 010676.020.1.0001 Tracking No. N/A
S #FW 12W May 08,2002
J: \job\ 01067601 \sur \wp \leg \67602BN4.DOCPage 1 of 2
>NOTES
N i. BASIS OF BEARING IS THE RECOVERED NORTH LINE OF THE WESTERRA SOUTHLAKE, L.P.
TRACT RECORDED IN VOLUME 12615, .PAGE 339 OF DEED RECORDS, ,TARRANT COUNTY, TEXAS
WITH A - 00'35'09" ROTATION.
2. THIS 5URVEY WAS PERFORMED WITHPOUT THE BENEFIT OF A TITLE COMMITMENT, THEREFORE
EASEMENTS AND :OTHER MATTERS OF RECORD WHICH MAY AFFECT THE SUBJECT RACT MAY NOT
BE SHOWN..
3, BASED ON A OF FLOOD INSURANCE RATE MAP, MAP NUMBER 48439CD185 H, REVISED
AUGUST. 2, 1995, THE SUBJECT PROPERTY DOES NOT LIE IN THE 100 YEAR :FLOOD PLANE.
4. TERMS AND CONDITIONS OF ORDINANCE NO. 71 -100, ENTITLED AIRPORT ZONING ORDINANCE OF
THE DALLAS-FORT WORTH REGIONAL AIRPORT, RECORDED IN VOLUME 7349, PAGE 1106 OF DEED
S. RECORDS, TARRANT. COUNTY, TEXAS AFFECT THE SUBJECT PROPERTY.
0 100 200 300
FND.
R�
GRAPHIC SCALE IN FEET I �
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PRr 1N 5 g EP Y1114
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N 0 0 ° 21 3 5" W SET I Point of�
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Point 0f
Beginning
m VWESTE7RRA SOUTI -LAKE. L. P lit Lot 1 -b
Vo 1.. 12615. Pg. 339. I I CA,
L D. R. T. C. T.
u
L CERTIFICATION
o I, TODD A. BRIDGES, REGISTERED PROFESSIONAL LAND SURVEYOR OF THE STATE. I II — O F
a OF TEXAS DO HEREBY CERTIFY THAT THE MAP SHOWN HEREON ACCURATELY I
REPRESENTS THE DESCRIBED PROPERTY AS DETERMINED BY A SURVEY MADE ON THE ` •I. I •�� T•
GROUND UNDER MY DIRECTION AND SUPERVISION IN OCTOBER, 2001, AND THAT 1 P 1ST F 'I'
J I �`` RFC 9 s
c ALL CORNERS ARE AS SHOWN..
+ THERE ARE NO ENCROACHMENTS, EASEMENTS, CONFLICTS OR PROTRUSIONS APPARENT ............ - - - - -- -- •••• - -• --
r ON THE GROUND EXCEPT AS SHOWN. TODD A ER I DGES
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I 5a l ` 4940 �
0 TODD A. BRIDLES G 9 �AFSS) �P
REGISTERED PROFESSIONAL LAND SURVEYOR I ^I ti0
TEXAS REGISTRATION NO, 4940 S R
GATED X05 -i 0 -2002
CARTER &BURGESS INC.
777 MAIN STREET An Exhibit showing 0.123 Acres of Land sHT.NO.
e7l7. - 0 °102 JOB # 010676.020.1:0047 DATE: 10 -30 -2001 DRAWN: tab CHECKED: 2 Of 2
.FILE- J- \JOB \01057601 \SUR \676028N4.dgn
DATE. 14- Dec -01 10-28 (Rev. 05 -08- 2002)
EXKWTIID
LAND DESCRIPTION
BEING a tract of land situated in the R. D. Price Survey, Abstract No. 1207, Tarrant County, Texas, and being a
portion of a tract of land as described in Special Warranty Deed to 300 Convent Street Corp, as recorded in Volume
12782, Page 110 of the Deed Records of Tarrant County, and being more particularly described as follows:
COMMENCING at a Texas Department of Transportation concrete monument found at the most southeasterly
corner of a comer clip at the intersection of the northerly right -of -way line of Dove Road with the easterly right -of-
way line of State Highway 114 (variable width right -of -way)
THENCE, South 89 degrees 32 minutes 23 seconds East, a distance of 1,472.14 feet to a one -half inch iron rod
found with "Huitt- Zollars" cap;
THENCE, South 89 degrees 08 minutes 45 seconds East a distance of 187.65 feet to a five- eighths inch iron rod
found with "Carter & Burgess" cap;
THENCE, South 00 degrees 10 minutes 50 seconds West a distance of 25.00 feet to a PK nail found in the centerline
of Dove Road;
THENCE, South &9 degrees 08 minutes 45 seconds East along the centerline of Dove Road a distance of 140.37 feet
to a PK nail found at the POINT OF BEGINNING and being the beginning of a curve to the left having a radius of
1,292.00 feet
THENCE, in a easterly direction along said curve to the left with a central angle of 00 degrees 41 minutes 42
seconds, a radius of 1,292.00 feet, an arc distance of 15.67 feet a long chord that bears North 75 degrees 51 minutes
06 seconds East, a distance of 15.67 feet to a PK nail found;
THENCE, North 74 degrees 15 minutes 17 seconds East, a distance of 141.29 feet to a 5/8 inch iron rod found with
"Huitt- Zollars" cap on an easterly line of said 300 Convent Street Corp. tract, also being on the west line of a tract of
land as described in instrument to the City of Southlake as recorded in Volume 7354, Page 934, Deed Records
Tarrant County, Texas;
THENCE, South 00 degrees 10 minutes 50 seconds West, along west line of said City of Southlake tract, a distance
of 44.42 feet to a PK nail set with shiner on the centerline of Dove Road;
THENCE, North 89 degrees 08 minutes 45 seconds West, along said centerline of Dove Road, a distance of 151.06
feet to the POINT OF BEGINNING and CONTAINING 0.0763 acres of land, more or less.
For Huitt- Zollars, c.
9 I N r Huitt- Zollars, Inc.
D. R&k Winchester 3131 McKinney Avenue
Registered Professional Land Surveyor Dallas, Texas 75204
Texas Registration No. 5191 Date: December 2, 1998
Page 1 of 2
E\S— cy\2388\01*pltri=dm.dnr
12@/1998 -
BASIS OF BEARINGS:
THE SPECIAL WARRANTY DEED TO 300 CONVENT
STREET CORP. AS RECORDED IN VOLUME 12782
PAGE 110 OF THE DEED RECORDS OF TARRANT
COUNTY, TEXAS.
`�, ,.:I
PROJECT
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300 CONVENT STREET CORP.
VOL 12782, PG. 110
D. R. T. C. T.
LOCATION MAP
CITY OF SOUTHLAKE
VOL 7354, PG. 934
p
D. R. T. C. T.
0:
_
W
a
Q
0 = 00'41'42"
20MEN OF COMMENCING R = 1292.00'
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RETE FOUND
L = 15.67' -
CB = N75'51'06' "E
W
h
(�
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CH' = 15.67'
5/0' IRF 1 -" E
IRF
$ 50" W
IRF w /cme CAP
0070
N 41
1
44.42'
m
S 893223" E
S 897)8'45" E 187&& % HWER FOUND O• Ol83 AB-
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147214'
CENTERLINE OF ROAD
DOVE ROAD
S 89'08'45" E N 89178'45" W
Z L L
N 007050" E 140.37' 151.06'
—
W
25 00' PK NAIL
/SHINER SET -
W /SHINER FOUND
y
POINT OF BEGINNING
0
i �
100 0
100
PAGE 2 OF 2
SCALE
LEGEND
EXHIBIT MAP
IRS = 5/8" IRON Roo FOUND
H IA,
—
BEING A PORTION OF THE
R.D.
W /HUITT— ZOLLARS CAP
Fkmt- zolere, Engineering
Architecture
PRICE SURVEY, ABSTRACT
No.
DATE: DECEMBER 2, 1998
C &B = CARTER & BURGESS
Pho o 0.
(21 871-9311 Fax (214) 871 -0767
207, CITY OF T
TARRANT COUNTYTY, , TEXAS