Item 3CITY OF
SOUTH LADE
MEMORANDUM
(April 29, 2011)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 998, 2nd Reading, Adopt an Ordinance to
Abandon Excess Street Right of Way at 1705 West Continental
Boulevard and Cede the Property to the Adjacent Property
Owner
Action
Requested: Ordinance No. 998, 2 nd Reading, Adopt an Ordinance to Abandon
Excess Street Right of Way at 1705 West Continental Boulevard
and Cede the Property to the Adjacent Property Owner.
Background
Information: The Carroll Independent School District (CISD) has requested the
City abandon a portion of the right of way at 1705 West Continental
Boulevard which is the location of the Carroll Elementary School.
The CISD dedicated right of way for future road improvements at
the intersection of Continental Boulevard and Peytonville Avenue.
The existing right of way line is within approximately 10 feet of the
northeast corner of the school building. In January 2011, the City
contracted with Teague Nall and Perkins, Inc. (TNP) to analyze two
options for the intersection including a two lane roundabout and a
"T" intersection and ultimate Master Thoroughfare Plan conditions
for the purpose of determining if excess right of way was available.
Approximately 0.331 acres of land was identified as excess right of
way and not required for future intersection improvements to meet
the ultimate buildout conditions. Abandoning the excess right of
way would increase the distance from the existing school building
and the new proposed right of way line.
Council passed Ordinance No. 998 on 1 St Reading on March 29,
2011.
Financial
Considerations: Costs associated with recording the documents with the county.
Strategic Link: The proposed right of way abandonment links to the city's strategy
map relative to focus area of Performance Management and
Service Delivery. The specific corporate objective that is met by
this agreement is to provide high quality customer service.
Citizen Input/
Board Review: None
Legal
Review: The ordinance has been reviewed by the City Attorney's office.
Alternatives: The City Council may approve Ordinance No. 998 or deny it.
Staff
Recommendation: Ordinance No. 998, 2 nd Reading, Adopt an Ordinance to Abandon
Excess Street Right of Way at 1705 West Continental Boulevard
and Cede the Property to the Adjacent Property Owner.
Supporting
Documents: Location Map
Ordinance 998
Property Description
Quitclaim Deed
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Steven D. Anderson, P.E., Civil Engineer
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CITY OF SOUTHLAKE ORDINANCE NO. 998
AN ORDINANCE VACATING AND ABANDONING A PORTION OF
AN EASEMENT AND RIGHT OF WAY ALONG W. CONTINENTAL
BOULEVARD CONVEYED TO THE CITY OF SOUTHLAKE AND
RECORDED IN VOLUME 13332, PAGE 498 D.R.T.C.T. IN THE
CITY OF SOUTHLAKE; DECLARING THAT A 0.331 ACRE
PORTION OF THE EASEMENT AND RIGHT OF WAY ARE
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC
INTEREST OF THE 0.331 ACRE PORTION OF THE EASEMENT
AND RIGHT OF WAY; PROVIDING A SEVERABILTY CLAUSE;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ( "the City ") is a home rule city
acting under its power adopted by the electorate pursuant to Article XI, Section 5
of the Texas Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Southlake, after careful study
and consideration, has determined that a 0.331 acre portion of the easement and
right of way, located in the City of Southlake, recorded in Volume 13332, page
498 D.R.T.C.T. is not being used by, nor useful or convenient to the public in
general; therefore, it would be better served and benefited by its vacation and
abandonment; and
WHEREAS, the City Council of the City of Southlake has determined the
easement and right of way was dedicated to the City of Southlake for the use of the
public by Carroll Independent School District and recorded in volume 13332, page
498 D.R.T.C.T.
WHEREAS, in order to remove any question as to the continued interest
in the easement and right of way, the City desires to execute quitclaim deeds
releasing all title and control in said 0.331 acre portion of the easement and right
of way to the owner of the property from which the easement and right of way was
originally dedicated; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
A 0.331 acre portion of the easement and right of way for W. Continental
Boulevard, located in the City of Southlake, recorded in Volume 13332, page 498
in the City of Southlake, more specifically described in Exhibit A and shown
graphically in Exhibit B. Exhibits "A" and "B" attached hereto and incorporated
1
herein for all purposes, are not being used by, nor useful or convenient to the
public in general and the public would be better served and benefited by the
vacation and abandoned of the 0.331 acre portion of the easement and right of
way.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and
empowered to execute quitclaim deeds to the following entity: Carroll
Independent School District for the easement and right of way described in
Exhibits "A" and "B ".
SECTION 3
Copies of said quitclaim deeds shall be presented for filing 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 judgment 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 its passage, and it
so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
2011.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 2011.
MAYOR
ATTEST:
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
EXHIBIT "A"
"Property Description of Right -of -Way Relinquishment"
Being a 0.331 of an acre tract of land situated in the S. Thompson Survey, Abstract No.
1504, City of Southlake, Tarrant County, Texas, and being a portion of land originally
conveyed to the Carroll I.S.D., according to the deed recorded in Volume 8302, Page
689, Deed Records of Tarrant County, Texas and subsequently conveyed to the City of
Southlake as Easement and Right -of -Way and recorded in Volume 13332, Page 498,
Deed Records of Tarrant County, Texas; said 0.331 of an acre of land being more
particularly described by metes and bounds as follows:
COMMENCING at a 518 inch iron rod found at the northwest corner of said Carroll
I.S.D. tract in the south line of W. Continental Boulevard (a variable width R -O -W) and
also being the southwest corner of said Easement and Right -of -Way to the City of
Southlake;
THENCE N 89 °04'56" E, along said line 132.00 feet to a 518 inch iron rod with "TNP"
cap set at the POINT OF BEGINNING of the tract described hereon;
THENCE N 89 0 01'48" E, leaving said line over and across said Easement and Right -
of -Way tract, 199.27 feet to a "X" cut in concrete set at the beginning of a tangent
curve to the right whose radius is 758.00 feet and whose long chord bears S 78 °56'40"
E, 315.85 feet;
THENCE along said curve in a southeasterly direction through a central angle of
24 °03'03 ", an are length of 318.18 feet to a 5/8 inch iron rod with "TNP" cap set at the
beginning of a reverse curve to the left whose radius is 842.00 feet and whose long
chord bears S 67°41'47" E, 22.84 feet;
THENCE continuing over and across said Easement and Right -of -Way, along said
curve in a southeasterly direction through a central angle of 19316 ", an arc length of
22.84 feet to a 5/8 inch iron rod with "TNP" cap set at the beginning of a compound
curve to the left whose radius is 110.00 feet and whose long chord bears S 72 °33'22" E,
119.89 feet;
THENCE continuing over and across said Easement and Right -of -Way, along said
curve in a southeasterly direction through a central angle of 66 0 02'34 ", an are length of
126.79 feet to a 5/8 inch iron rod with "TNP" cap set at the beginning of a compound
curve to the left whose radius is 842.00 feet and whose long chord bears S 81 °59'56" E,
157.31 feet;
THENCE continuing over and across said Easement and Right -of -Way, along said
curve in a southeasterly direction through a central angle of 10 an arc length of
157.54 feet to a 518 inch iron rod with "TNP" cap set at the end of said curve in the east
line of said Easement and Right -of -Way tract;
THENCE S 00 0 33'24" E, along said line 0.94 feet to the northwest corner of Lot 1,
Block 1, Continental Park Estates, an addition to the City of Southlake, Tarrant County,
Texas, according to the plat recorded in Volume 388 -98, Page 23, Plat records of
Tarrant County, Texas, also being the northeast corner of the aforementioned tract of
land conveyed to Carroll I.S.D. and being the beginning of a non - tangent curve to the
right whose radius is 1220.00 feet and whose long chord bears N 81 °30'56" W, 378.39
feet;
THENCE along the north line of said Carroll I.S.D. tract and the south line of said
Easement and Right -of -Way tract along said curve in a northwesterly direction through
a central angle of 17 °50'33 ", an are length of 379.92 feet to a % inch iron rod found
with plastic cap stamped "Landes & Assoc.';
THENCE N 72 0 35'39" W, continuing along said line, 43.80 feet to a' /z inch iron rod
found with plastic cap stamped "Landes & Assoc." at the beginning of a tangent curve
to the left whose radius is 1220.00 feet and whose long chord bears N 81 1 45'21" W,
388.51 feet;
THENCE continuing along said line and said curve in a northwesterly direction
through a central angle of 18 1 19'26 ", an are length of 390.17 feet to the POINT OF
BEGINNING and containing 14,420 square feet or 0.331 an acre of land.
Theron W. Sims, L
Texas Registration N 5887
Bearings are based on the Texas State
Plane Coordinate system, North Central
Zone NAD83(CORS96) Epoch 2002.0
Integral parts of this survey:
a. Legal Description
b. Sketch
`
ARC LENGTH
` 1
EXHIBIT "B"
CHORD
5!
1
NOTES:
758.00
BILK. 6
315.85
24'03'03"
C2
22.84
842.00
567 "E
SOUT
CAB. AB.
WOODS,
A, SLIDE
PHASE 2
5943
126.79
1. Bearings of lines shown hereon refer to Grid North of
6
P.R.T.C.T. 9
g
66'02'34"
I
North Central Zone; the Texas Coordinate System of 1983
Y (
NAD83(CORS96) Epoch 2002.00) as derived locally from
842.00
7
157.31
10'43'13"
Western Data Systems Continuously Operating Reference
379.92
LOT 41�
N81'30'56"W
378.39
H
�
C6
Stations (COBS) via Real Time Kinematic ( methods.
The City South Lake's Published Combination Factor
122D.00
NS 1'45'21
— — — —
18'19'26"
of of
— —
—
1.000155478 was used to scale grid coordinates and
WIDTH R 0 W
0
distances to surface. All distances shown are surface.
- -W.
132.00'
N89'04'5i
f C 0
5/8" IRS
"TNP" L
VARIAB •
N T I N_E N T J A - L B L V D. _ _ 2. Integral parts of this survey:
a. Legal Description
ESM'T & R —O —W TO w b. Sketch
CITY OF SOUTHLAKE 04
VOL. 73332, PG. 498
D.R.TC.T
518" IRS BILLY JON CURB of ux
' 7 - NP" VOL. 6495, PG. 525
C 5/8" !RS
.`' >: ?i;` >:'':` 7NP" \ 5/8" IRS
518 IRS .....:�::.�r... ... ..... . �,3 '7-NP"
112" !RF 'Y &A" C cc::;;::::::.4.. 1 L2
I il
TAIA
0.331 AC.�
0.331 AC. V }_
5/8" IRE
s o • � 0 1
X" CUT IN
CONC. SET
112" IRF L &A"
LINE FOR
DIRECTIONAL CONTROL
CARROLL ISD.
VOL, 8302, PG. 689
D. R. T. C. L
(REMAINDER)
CURVE
ARC LENGTH
RADIUS
CHORD BEARING
CHORD
DELTA
C1
318.18
758.00
S78'56'40 "E
315.85
24'03'03"
C2
22.84
842.00
567 "E
22.84
1'33'16"
C3
126.79
110.00
S72'33'22 "E
119.89
66'02'34"
C4
157.54
842.00
S81'59'56 "E
157.31
10'43'13"
C5
379.92
1220.00
N81'30'56"W
378.39
17'50'33"
C6
390.17
122D.00
NS 1'45'21
388.51
18'19'26"
THI:RON W. SIMS, R.P
TEXAS REGISTRATION 0. 5887
DATE:
72' U. E. Jl HLt I = I UU
LINE
BEARING
DISTANCE
L1
N89'01'48 "E
199.27'
1-2
S00'33'24 "E
0.94'
1
1-3
1 N72'35'39 "W
43.80'
LOT 1, BLK. 1,
CONTINENTAL PARK ESTATES
VOL. 388 -98, PG. 23
P.R.T.C.T.
] 20' DRAIN. & U.E.
A SURVEY OF
0.331 OF AN ACRE OF LAND
P F � sTE °•TF SITUATED IN THE S. THOMPSON SURVEY,
y; r � G R eo v� ABSTRACT 1504, TARRANT COUNTY, TEXAS.
%.. TEAGlJ1E NALl AND PERKINS
..
..................... 5 ...
a 5887
• '�•• ° Fe s s °. yo`r Civil Engineering I Surveying I Landscape Architecture I Planning
9ti� •SURUr` _ c - 1100 Macon Street, Fort Worth, TX 76102
(817) 336 -5773
JOB No. SILK 11133
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 a 0.331 acre portion of the easement and right
of way dedicated to the City of Southlake and recorded in Volume 13332, page 498 D.R.T.C.T.,
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 Carroll Independent School District 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:
A 0.331 acre tract of land, situated in the S. Thompson Survey, Abstract No. 1504,
City of Southlake, Tarrant County, Texas, and being a portion of land originally
conveyed to the Carroll I.S.D., according to the deed recorded in Volume 8302,
Page 689, Deed Records of Tarrant County, Texas and subsequently conveyed to
the City of Southlake as Easement and Right -of -Way and recorded in Volume
13332, Page 498, Deed Records of Tarrant County, Texas; said 0.331 of an acre
of land being more specifically described in Exhibit A and shown graphically in
Exhibit B.
To have and to hold all of its right, title and interest in and to the above described 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 utility easement premises or appurtenances or any part thereof.
Executed this the day of ) 2011.
CITY OF SOUTHLAKE
By:
The Honorable John Terrell, Mayor
STATE OF TEXAS
COUNTY OF TARRANT
Before me, the undersigned authority, on this day personally appeared John Terrell,
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 , 2011.
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