Item 4GCITY OF
SO THLAKE
MEMORANDUM
(February 21, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 1024, 1" Reading, Adopt an ordinance to
abandon an unused water line easement in the T.M. Hood
Survey, Abstract No. 706
Action
Requested: Ordinance No. 1024, 1 St Reading, Adopt an ordinance to abandon
an unused water line easement in the T.M. Hood Survey, Abstract
No. 706.
Background
Information: The developer of the Shady Oaks Phase 1A subdivision and
Terra /Shady Oaks L.P. is requesting that the City abandon an
undefined waterline easement recorded in Volume 4217, Page 173.
The easement is located within the Shady Oaks Phase IA
subdivision and within two tracts of land to the west of the
subdivision owned by Terra /Shady Oaks L.P. The easement
encompasses 36.3 Acres of the 95 acre Shady Oaks development.
The documents were recorded on May 26, 1966 under Instrument
No. 39931 granting the City of Southlake an undefined waterline
easement on a 36.3 acre tract of land. Upon the construction of
such water line, the owner would then assign a 10 ft. wide strip of
land centered about the pipe line granting the City of Southlake an
easement along that alignment. This water pipe line was never
built; therefore, necessitating easement abandonment.
Financial
Considerations: Applicant has provided the City with the filing fee costs.
Strategic Link: The easement abandonment links this project to the City's strategy
map relative to managing the business by providing 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. 1024 or deny it.
Staff
Recommendation: Approve Ordinance No. 1024, 1 St Reading, Adopt an ordinance to
abandon an unused water line easement in the T.M. Hood Survey,
Abstract No. 706.
Supporting
Documents: Location Map
Ordinance No. 1024
Easement Documents Volume 4217, Page 173
Quitclaim Deed
Staff
Contact: Robert H. Price, P.E., Public Works Director
Gordon J. Mayer, Jr., P.E., City Engineer
Alejandra Ayala, P.E., Civil Engineer
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Ordinance No. 1024
ORDINANCE NO. 1024
AN ORDINANCE VACATING AND ABANDONING A 36.3 ACRE
EASEMENT AND RIGHT OF WAY ON THE T.M. HOOD SURVEY
ABSTRACT NO. 706 AND RECORDED IN VOLUME 4217, PAGE
173 D.R.T.C.T. IN THE CITY OF SOUTHLAKE; DECLARING
THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE
PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE
QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE
EASEMENTS; 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 these easements, located in the City of Southlake,
recorded in Volume 4217, page 173 are 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, in order to remove any question as to the continued interest in the
easements, the City desires to execute quitclaim deeds releasing all title and control in
said easements to the owners of the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
A 36.3 acre easement and right of way located on the T.M. Hood Survey in the
City of Southlake, more specifically described in the county records in volume 4217,
page 173. The easement records attached hereto and incorporated 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 their vacation and abandoned as public
easements.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute quitclaim deeds to the following entity: Max Stocking and wife, Martie
Stocking for the easements described in volume 4217, page 173.
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Ordinance No. 1024
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 fiill force and effect from and its passage, and it so
ordained.
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Ordinance No. 1024
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
, 2012.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
, 2012.
MAYOR
ATTEST:
CITY SECRETARY /ALICIA RICHARDSON
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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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 an existing 36.3 acre easement and right of
way located on T.M. Hood Survey, Abstract 706 and recorded in volume 4217, page 173,
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 Max Stocking and wife, Martie
Stocking and any and all of their heirs, legal representatives or assigns, all of theirs right, title,
and interest in and to the following described real property situated in Tarrant County, Texas, to
wit:
A 36.3 acre easement and right of way located on the T.M. Hood Survey,
Abstract 706. Dedicated by instrument recorded in volume 4217, page 173,
D.R.T.C.T.
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 1 2012.
CITY OF SOUTHLAKE
LOW
Mayor, John Terrell
ATTEST:
ALICIA RICHARDSON /CITY SECRETARY
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
2012.
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
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TI�BSIA'C8'OFTEXA�F F
C06f Y OF TARRAN7T IkNOW ALL I+IEN �SY'THESE�f
RhIU r
MAX S. OCl4INo ,jpn&w fe, M1 R�E' t a�
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r TARRI4NT.
Sure
6l' the t ou[sty - . fif 1' "Grantor ", -far a gaol sad ,astable annaederrrion,
the rrleipt..nd :aEfxieaep o2 whirls is hcrrby acknowfedged, dots- ticrcby gaant. ' -C�TX bF SOif'I'HLAKE
t, hcrcirufz<•r called "Asrocsario�" a :perpetual easenlcnt end tight -0f way for the purpose of �maun+ctiag,
• operi[ing and maignining A water pipe line .over, and across Grantor's, lan iii 'T' M • - HOOD
lc urvcy, Abstratt No 706 Tarrarht: , County, Texas, more panicuiirlp drauib.d
t in deed firm PEARL Ml= to MAX ST KIka, , 6t ux
25 da JANUARY ` ; sj s - . ., 11 and.retorded iri'Volumc�..3'6}' g 1 fl' .._._o the Deed Aa:mdr
a '
Of said County and conuining 3613 _1 r 2s.
Being a strip of land across the.tract referred zo �above,, (10) feet iq�aidth, with t'he Grahtee Herci¢ beiag '
6.
�hereby'eutboriud to doaignsite the Course Of the ea_semenc herein, convcyed,- azcept thgewhe,o the pipe litfc is
iestalied; the s easement herein grpnted shat[ be limieed to a strip of land ten (10) Fccr in width, vrtb the teat., Igoe `
thereof 'being the pipe line asQatalled:
Together with; the 'right of hrgreFs and egse gvif Grintor's adjaivit lapds to or from said iightof -way for the purpose oe
constructing, imprmihp 'reconstructing, � repairing, "Inipeetfng, matntainin ant[ removing mid waver lihe and appurtina -occe; the
right to rt ovate said isne in the edmt'relative �oiicioa td'any adjaeem if saspe'is widened in the future; the right sb pre t ,
possible interference with the operation of said.'iint:antf to 4nmovc - poi a hafai3: MLO; the right to prcvcnr tine caaw--man,
for A distance of-one-61f thc:wid� the easempne on.eAch side of the actual cenur 6f,wherc watt PI.- i: laid, of aay,�d•
,iag, roru w other obsuixtions�'ivhich pza elidingcr•or interfere with the efficiency,, sa {ety or caavrnren[ pea a said
waterrlidi ind its appurtenances, e'l'f such buil inga; itructures or other obstructions are 4onsutacted by Grantor,is tbovc! mcntiomcd
without''.}}vv consent of the Assxiuion, then the Associaton ") have the,righc to, remove 'same from such space and t}tia;:,;
'agreemerj1,'togfthcr with %her provisions of this giant ah ;ll.constimte a cdvtn t running with the land for the heoe5t of
:Assde}.atiqu, its surmssom and assigns.
1 1rii, . ift is reserved to Grantor to is- itemin gr
f]s0.lf c latu3 7 right -0f -way or casement anted fpr!thc
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Agricultural and grazing purposes, provided such use -shall not include the grovwing of trees theme a or any ocbcr nra which eiiglt
interfere wiTh the txerdse. by the Association of the rights hereby granted. The consideration recited herein " � al � t ' ai1 cr or
tum pus
meat in full FCC all 4tnages sustained by Grany�oo reason of t! a jd$talla glon of the str referred to ht,os¢ {n E}u Gant . _
will maintain such easemcnrin a yzte of goud iepair efficiency „ so that no urimasatiable' damages `wa result from its. use to
Grantor' s'pmmisv, -
TO HAV D TO HOLD the above described eiaesaent and righti uiao,dse as CITY 'Or^ ' SOUi T 'IT
its suca &trs And assigns, forever.', x
And,Grantor dygs hereby bind himsdf,:his heirs and legal' represcntativcs, Warrant and - Forever Defgpd. all a rttngylu
the aliavc- described easrmea t ank{ ights unto the said :9ssociadon, -- : its - successors and, assigns, again {t eVVI `per7oe p$ooiver r
lawftdly claiming or I to claim the same or any part thereof,°
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EXECUTED THIS
Max Stocking:
Marie . Stock>ng - :r w
... ^'t' _ .- 'a= gW„rs^*-.,.x.':a...^„- �.- .-T•.. -
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' THE STA']� OF T2,XA5 ' . . n , • .
COUNTY OF Tarrant '
Before me, the undadgmd.au[hority on Lois day personally aisp a MaA .S bock i.rtcl
'Marie 5tockin .his :k � i t
sad g ' wave, bath ! noWn;io s ' ' Al behe pepsas,who.e m nes are su�aenl,ed
to the foregoing instrument; sad acknowledged to me that they e?th exrruted thr same for the purposes and eof»idcr.riya�dsttein.
expresaed. themid Mary .Stocking ;, wife cf said °Max StOCking
iaaYiag� iei�gi by me privily And apart from her husfsand and having the same by me fully explained to ha tiic
'i.1fy�`Mar
Stockin g acknowledged such islstrurrftnr to lx by act and. deed, sad fhe +eloed`
t sksc had t lusgly siP dd%c same for�thc ptupow a nd`consjdcration [hemio'cxprcascd, aadAutc she did ak wish to A.
Gii'at iLd ciiy hand and seaf'of'oiew. on tiiis the Wth day of Jt:uua'ry l D. w. 4o.
Notary in and far• Tarrant •vComgr, Tug. .
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