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Item 7BCity of Snuthlake_ Texas MEMORANDUM January 15, 2002 To: Billy Campbell, City Manger From: Pedram Farahnak, P.E., Director of Public Works, 481 -2308 Subject: Ordinance No. 823, 2 nd reading, abandoning a portion of the N. Carroll Avenue right of way. Action Requested: Approve Ordinance No. 823, 2nd reading, abandoning a portion of the N. Carroll Avenue right of way. Background Information: In 1998, the section of roadway of N. Carroll Avenue, just north of FM 1709, was reconstructed to align with S. Carroll Avenue south of FM 1709. This left the right of way of N. Carroll Avenue, outside of the right of way alignment, not necessary of City purposes. In June 1999 and March 2000, the City Council approved the abandonment and quit claim of a portion of this right of way. This 0.161 acres will complete the balance of the 1998 abandonment. The adjacent property owner has requested that the City complete the abandonment of the N. Carroll Avenue right of way by abandoning and quit claiming the final portion of right of way. There are still some utility company facilities such as electric, gas and telephone within that right of way; therefore, the right of way would have to be abandoned save and except for a utility easement for the existing utilities. Financial Consideration: None. Citizen Input/ Board Review: Adjacent property owners requests the abandonment. Legal Review: The ordinance and quit claim deed was originally drafted by the City Attorney. Alternatives: The Council can approve it, deny it, or modify it. Supporting Documents: Ordinance No. 823 Quit Claim Deed Letter from Cooper and Stebbins Location Map Staff Recommendation: Approve Ordinance No. 823, 2nd reading, abandoning a portion of the N. Carroll Avenue right of way. Staff Contact: Charlie Thomas. P.E., City Engineer, 481 -2175 Pedram Farahnak, P.E., Director of Public Works, 481 -2308 PF /kw ORDINANCE NO. 823 AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN PORTIONS OF LOTS I AND 2, BLOCK 9 OF THE SOUTHLAKE TOWN SQUARE ADDITION 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 dedicated to the City of Southlake by the owners of Lots 1 and 2, Block 9 of the Southlake Town Square Addition 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 Lots 1 and 2, Block 9 of the Southlake Town Square Addition is not being used by, nor usefid 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 Lots 1 and 2, Block 9 of the Southlake Town Square Addition to the City of Southlake, Tarrant County, Texas, more specifically described in Exhibits "A" and `B" 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 its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2001. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2001. MAYOR ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: City Attorney 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 the right -of -way of North Carroll Avenue, located in the City of Southlake, hereinafter more specifically described and depicted as on Exhibit "A" attached hereto and incorporated herein, 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 ( "Grantor ") does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: Southlake Venture West, L.P. ( " Grantees "), and any and all of their heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the right -of -way described on Exhibit "A" in proportion to their abutting ownership save and except for a utility easement for existing utility facilities. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described right -of -way unto the said Grantee, his heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives or assigns shall have, claim or demand any right or title to the aforesaid right -of- way premises or appurtenances or any part thereof. EXECUTED this day of , 2001. CITY OF SOUTHLAKE, GRANTOR By: MAYOR STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged , 2001, by_ My commission expires: Return to: City Secretary City of Southlake 1400 Main Street Suite 270 Southlake, Texas 76092 before me on the Notary Public in and for the State of Texas day of Type or Print Notary's Name Grantee: Exhibit `B , Being a 0.161 acre tract of land in the Richard Eads Survey, Abstract No. 481, City of Southlake, Tarrant County, Texas, previously beings portion of the Carroll Avenue right-of-way and currently portion of Lot 1, Block 9 of the Southlake Town Square Addition, as recorded in Cabinet A, Slide 4892, Plat Racords, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a 518" iron pin found, said point being the southwest comer of said Lot 1, Block 9 of the - Southlake Town Square Addition; THENCE N 00° 11' 06 "W, for a distance of 281.53 feet continuing along west property line of said Lot 1, Block 9 of the Southiake Town Square Addition to a point for a comer, THENCE S 89° 29' 50'T, for a distance of 24.93 feet to a point for a corner in the west property line of said. Lot 1, Block 9 o the Southlake Town Square Addition, said point tieing in the north property line of Lot 1, Block 9 of the Southlake Town Square Addition; THENCE S 00° 11' 06 "E, for a. distance of 281.78 feet to a point for a comer, said point being . in the south property line of said Lot I of the Southlake Town Square Addition; - THENCE N 88° 54' 28 "W, for a distance of 24.94 feet continuing along south property line of said Southlake Town Square Addition to the POINT OF BEGINNING, containing 7,021 square feet or 0.161 acres, more or less. - . - 0.1M1.232m2,t.7.n0c f EXHIBIT "A" f IN FEET ) I I lath - 30 ft. o, h I I POB Tota I Descr f bed Area: 7,021 S0. F.T 3 Se' IPF `' 0. 1 61 ACRES I CONC. N00* 1 1 '06"W 281 .53' PL--, _ o N88e54'28 "W--,, ° o 24.94' w n, 4 500°11'06 "E 281.78 ; I f S89e29'50 "E Southloke 24.93' Town Square Lot 1, Block 9 �« T Na (e Atf BEANMGS BASED ON THE NEST LOVE OF THE f{ SODTLI AKE TOWN SOVARE ADDITION, CABAN£r A, SLVE I892 (PRTCT) SLEYEYOR'S CERTIFICATION C RQ LI, A��' ED L. CHEAT 6 Eddie l_ Cheatham of CHEAT— AND ASSOVATES, o Regfetered profeeelond Y Lord Sarveyor of the Slate of Teaae, da hereby declare that the edculatlona, • l 2J�6 ~ grapH. depiction and Iegddee Ttjo of tMv survey Ben properly prepared C ir e. y ta O Q- under my psrao�wI supervlalon fr oetodeurvey mode on the ground. CHEATHAM AND ASSOCIATES NOTE. LAMAR BLVD SWE soar AMJ10TCN, TEAS 75011 Ragieterad ProTeselondLond Surveyor No. 2348 ISO) 548- tletra tetnsed - ! COOPER & STEBBINS Cooper & Stebbins, LP, 1256 Main Street, Suite 240 Southlake, Texas 76092 Telepbone (817) 329 -8400 Facsimile (817) 251 -8717 December 31, 2001 Pedram Farahnak City of Southlake 1400 Main Street Suite 320 Southlake, TX 76092 Re: Quitclaim to Old North Carroll Avenue Dear Pedram: We understand that the City is completing a quitclaim of Old Carroll Avenue pursuant to the Developer's Agreement to Phase I of Southlake Town Square. We request that the remaining portion of the road be quit claimed to Southlake Venture West, L.P. We appreciate assistance in this matter. If you have any questions, please call me or Frank Bliss. Sincerely, Brian R. Stebbins President cc: Frank Bliss Carroll ROW to be Abandonded W W IROSP 6CTSTREET CIVIC PL F MAIN 8T w d FC}UNTAIN