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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 1 :� 8 R I I RNATK k 4MkA. 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 ,raians rsewr�rr axr.�rraxnne s ®® P• S r 4�+ w m >rMV mMi a. av r+.e 4s n �va�> ravv mi,�sx am � �,� !�. `• m�ma��awa�+v axsm.>rim nwa .rr '' x A S / O S v }� r / 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 C— XIfI,g ''e4 eP q�ll 156 S.rrI�I rCerPe'M'� .n rm.,P.d. ,.d lVin.. 6wr.x. Ami Gramm tw. 4neYr b�.t 6r.elf, M1..r l+.r. ant kl'1 rrprirm..:_y .r w....m knh " F— L1r[rnt A Sr. TWr r'er'7 � �Al�.rae`m 6r –Ifll} P4a�ww� ei 5a r4r .M umP ...wi fyn .M.!r. J •.w•rT .. 03 H . J �r.fL_r � chi lS4tM° A�M97rL[a]Gle1!NTI . -' THE SPATE OF TEX" ,r LVUNTT albre sr, d, rd"p d r.rT..+Pi: r LP PYr J4'PP —d C"'e.sr t. Amer..., and Y.ar.rlee S, .narr.on - -*r..k Yew. . ...r 4r.h -- - " v rM kh+ "t ^�'• aw r1...W,4 w � 4. d..r «r. r.....J s ix. M :k puvmn `ap A.4 Id. -t eta —Ti4 S• A..9 Ywb+d °.W 1u..e hr me �% :aPL'� e t":+�rJ S•. e..r1 a.ar...J ti •.e r „t r s, Awf. J-`- `+• 4o- +r .rd ded, udi. irlwd w , „ °}'• asnrir. r..P. w •• =� rh: e.R�*r..d...e dw to *A w+ar. �.swe a r.rca�a 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 Ex i-f l I T '' A " qp , 7/154 `s wd G.wr drn 6 6,J d L—Af. 1.. N+n •nJ kJ:- rrgirerran+.q a w,.... .wl FM+• NUW A Lx ,M .r.r �e • ....d A ,.ry .•eurr. nd u.tnti Tw•t •+R P"•"• i. -Irlti, r wL er x •� , .+ , rnr « ur nn rMrr.. s lL -Y, ar !L[ botjN'Y Of F.FE•nt 6w- xdtl+arniocNr•'++'rJ lki--.r .- . 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