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