Item 5GCity of Snuthlake_ Texas
MEMORANDUM
March 7, 2002
To: Billy Campbell, City Manger
From: Pedram Farahnak, P.E., Director of Public Works, 481 -2308
Subject: Ordinance No. 826, 1" reading, abandoning a portion of the Shady Oaks
Drive right of way.
Action Requested: Approve Ordinance No. 826, 1" reading, abandoning a portion of the
Shady Oaks Drive right of way.
Background
Information: During the design and plan preparation for the widening and
reconstruction SH 114 and Dove Street it was determined that Shady Oaks
Drive needed to be realigned to move Shady Oaks Drive to the west away
from the new SH 114 frontage road. Construction plans for the
realignment of Shady Oaks Drive were prepared and Shady Oaks Drive
was realigned approximately 290 -feet to the west at its intersection with
Dove Street.
In January, 2000, the City acquired the necessary right of way for this
realignment from the property owners at the southwest corner of Shady
Oaks Drive and Dove Street. Since the realignment was going through the
middle of the property, the City agreed to abandon the west half of the
existing Shady Oaks Drive right of way that would no longer be needed
after the realignment.
The construction of the realignment of Shady Oaks Drive was included in
the reconstruction of SH 114 and Dove Street by the Texas Department of
Transportation (TxDOT). That construction is complete and the old right
of way of Shady Oaks Drive is no longer needed for street purposes.
Now that the construction of the realignment is complete, the property
owners have requested that the City abandon the portion of the Shady
Oaks right of way that is no longer needed for street purposes. There are
still some utilities 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: The right of way abandonment was included in the right of way
acquisition negotiations.
Citizen Input/
Board Review: The adjacent property owners requests the abandonment.
Legal Review: The ordinance and quit claim deed forms were originally drafted by the
City Attorney.
Alternatives: If the Council does not abandon this portion of right of way, the
adjacent property owners would likely be entitled to additional
compensation for the right of way acquired for the realignment.
Supporting
Documents: Ordinance No. 826
Quit Claim Deed
Location Map
Staff
Recommendation: Approve Ordinance No. 826, 1st reading, abandoning a portion of Shady
Oaks Drive 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
Location Map
for Shady Oaks ROW Abandonment
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5LRV MEATH" AND ASSOCIATES
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MCM (817) 266 -6666 (617) 618 -0896
ORDINANCE NO. 826
AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY
IN PORTIONS OF THE THOMAS BEEDY SURVEY, ABSTRACT NO. 72
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 the Thomas Beedy Survey, Abstract No. 72 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 the Thomas Beedy
Survey, Abstract No. 72 is not being used by, nor useful 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 the Thomas Beedy Survey, Abstract No. 72 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 fill force and effect from and after its passage, and it is
so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS DAY
OF , 2002.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY
OF , 2002.
MAYOR
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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Property Description
0.1926 acres of land situated in the Thomas Beedy Survey, Abstract No 72, City of Southlake,
Tarrant County, Texas; said 0.1926 acres of land being a part of Shady Oaks Drive, a public roadway;
said 0.1926 acres of land being more particutary described by metes and bounds as follows;
BEGINNING at the southeast corner of Lot E and the northeast corner of Lot D, Block 1 of Old
Orchard Country Estates, an addition to said city as recorded in Volume 388/118, Page 41, Plat
Records, TCT, said corner also being in the west R -O -W line of Shady Oaks Drive;
THENCEN 01" 55'06" E, 348.00 feet along the east line of said Lot E and along the said west R -O-
W line to the northwest corner of this tract;
THENCE S 43° 04' 55" E, 3 5.3 6 feet to the centerline of said Shady Oaks Drive;
THENCE S 01 55' 06" W, 323 00 feet along said centerline to the southeast corner of this tract;
THENCE N 88" 04'54" W, 25.00 feet to the P.O.B. and containing 8,388 square feet or 0.1926 acres
of land more or less.
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LANDES k ASSOCIAtEB INC..
R EC,Smn PRODESSIONAL LAND SURVEYORS
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 portion of the right -of -way of Shady
Oaks Drive 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: Rosemma Neill and Kay V. Gunn ( " 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 before me on the day of
,2002, by
Notary Public in and for the State of Texas
My commission expires:
Type or Print Notary's Name
Return to:
City Secretary
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
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Property Description
0.1926 acres of land situated in the Thomas Beedy Survey, Abstract No 72, City of Southlake,
Tarrant County, Texas; said 0.1926 acres of land being a part of Shady Oaks Drive, a public roadway;
said 0.1926 acres of land being more particutary described by metes and bounds as follows;
BEGINNING at the southeast corner of Lot E and the northeast corner of Lot D, Block 1 of Old
Orchard Country Estates, an addition to said city as recorded in Volume 388/118, Page 41, Plat
Records, TCT, said corner also being in the west R -O -W line of Shady Oaks Drive;
THENCEN 01" 55'06" E, 348.00 feet along the east line of said Lot E and along the said west R -O-
W line to the northwest corner of this tract;
THENCE S 43° 04' 55" E, 3 5.3 6 feet to the centerline of said Shady Oaks Drive;
THENCE S 01 55' 06" W, 323 00 feet along said centerline to the southeast corner of this tract;
THENCE N 88" 04'54" W, 25.00 feet to the P.O.B. and containing 8,388 square feet or 0.1926 acres
of land more or less.
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Par +ion of Shady Cakes Dr, +a boa - ,1z;nclomd
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LAND¢B k ABSOCIAtE3, INC.. SVRN
R EC'smn PUODBSS,ONAL LAND BURVCYORS