Item 5BCity of Southlake, Texas
MEMORANDUM
February 4, 2003
To: Billy Campbell, City Manager
From: Pedram Farahnak, P.E., Director of Public Works, ext. 2308
Subject: Approve Resolution No. 03 -016 and Authorize Mayor to execute a
quitclaim deed for a water line easement abandonment in Tract 3 of the
W.E. Mayfield Addition now located in Gateway Plaza 11.
Action Requested: Approve Resolution No. 03 -016 and Authorize Mayor to execute a
quitclaim deed for a water line easement abandonment in Tract 3 of
the W.E. Mayfield Addition now located in Gateway Plaza II.
Background
Information: In January, 1966, the owner of Tract 3 of the W.E. Mayfield Addition
dedicated the Southlake water supply a 10 -foot wide easement for
the installation and maintenance of a water line with the centerline of
the easement being the pipe line as installed.
That water line is no longer in existence since the re- development of
this property as Gateway Plaza II, and as a result, there is no need for
this easement since the developer has installed new water lines in
other easements to serve the property.
The owner and developer of the Big Bowl Restaurant that is on the
northeast corner of FM 1709 and N. Nolen Drive in Gateway Plaza II
has made a written request to the City to abandon this old easement
so that the title will be clear and they can proceed with the
development of the property.
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: Resolution
Quitclaim
Location Map
Staff
Recommendation: Approve Resolution No. 03 -016 and Authorize Mayor to execute a
quitclaim deed for a water line easement in Tract 3 of the W.E.
Mayfield Addition now located in Gateway Plaza II.
Staff Contact: Pedram Farahnak, P.E., Director of Public Works, Ext. 2308
Charlie Thomas, P.E., City Engineer, Ext. 2175
JF4N HICKS
Direct Dial; 9721771}•9384
Facsimile! 97:177t�-9465
E -mail; Imniter. }licks�ibrink�e.Wam
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Docemher 6, 2002
VIA CERTIFIED MAIL. RFTI'RN Rkf'F11 F VOUFSTEII
NIr. Farahnak Pedrsm
Directorof Public Works
City o f South lake
1400 Main Street
SQuthlak(e, Texas 76692
Rc Luse Agreement Haled September 12, 2002 by and between Wyndham Properties 11, Ltd.
("Landlord") and Big Bowl Texas, L.P. ( "Tenant ") for approximately 9,600 square feet of
land t rx°inis4s ") at the4ateway Plaza Phase II ( "CLnier ")
Rio Ro"I - 1 4wm hlakc.Texas
Bear `vlr. Iledrain:
We are about to start construction of a new Big Bowl restaurant, located at tale northeast corner of the
intersection of Southlakt Boulevard and Nolen Drive. When I prrt4rned our title search in order to get a
leasehold o%vner s policy, a waterline easement showed up in the title that the surveyor could nor locate due
to the vague language in the easement docu vent. We are reassonablt sure that the easement does not atfe;:t
our property, but the title cornpany r €quires a partial release of this easement by the City in order to give us
coverage over it. I have drafted a Partial Release, which states that this easement does not affect our pad -
al4ng with a copy of the easement, and our rncst current survey. If this is acceptable. please have it executed
and return it to my attvatio+n, and I will have it recorded at our sale cost and expense. If the signature bhxk
needs to change, please let me know and I will re- draft this document.
Please call me at the above number with any questions of comments you might have in regard to this
matter- Thank you for your help.
Sincerely.
Jennifer Nicks
Real Estate Paralegal
CC' Ellen Norrod, Chicago Title Insurance Company (via facsimile 213- 965 -1625)
James E. Webb, Esq., McDonald Sanders (via facsimile R 17-334-0
Terry L. Wilkinson, Wyndham Properties IL Ltd. (via facsimile 817. 488 - 2420i
s: +leQartte'6iles`6ti4brautiv lukc.�irx or fnoxhlute.Jix
6F117 LB) Fttewat [Jolla., T— 7534"515 971. 980.9917
wwwkrmker.com
Gateway Plaza Phase 11
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RESOLUTION NO. 03 -016
A RESOLUTION VACATING AND ABANDONING A WATER LINE
EASEMENT IN TRACT 3 OF THE W.E. MAYFIELD ADDITION, NOW
GATEWAY PLAZA, PHASE II 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
WATER LINE 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, a water line easement has been previously dedicated to the City of
Southlake by the owner of Gateway Plaza, Phase II Addition 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 water line easement located in Gateway Plaza,
Phase II Addition (the "Water Line 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 Water line Easement is more specifically described
on the attached exhibits:
EXHIBIT A: Legal Description
WHEREAS, in order to remove any question as to the continued interest or
ownership of the public in said Water Line Easement, the City desires to execute a
Quitclaim Deed releasing all title, ownership and control in said easement to the
owner or owners of Gateway Plaza, Phase II Addition.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
SECTION I
The water Line Easement, as described herein, is 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 water line easement,
located in Gateway Plaza, Phase II Addition 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 Gateway Plaza, Phase II Addition.
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
Water Line 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 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 ,
2003.
MAYOR
ATTEST:
CITY SECRETARY
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QUITCLAIM DEED
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful
study and consideration, has determined that certain water line easement located in Tract 3 of
the W.E. Mayfield Addition, now Gateway Plaza, Phase II as recorded in Volume 4217, Page
156, in the plat records of Tarrant 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 owner of Gateway Plaza, Phase II Addition 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
TO HAVE AND TO HOLD all of its right, title and interest in and to the above described
water line 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 water line easement premises or appurtenances or any part thereof.
Executed this the day of , 2003.
CITY OF SOUTHLAKE
ma
Rick Stacy, Mayor
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared RICK STACY,
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
2003.
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
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