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Item 6ACITY OF SO THLAKE MEMORANDUM (March 6, 2012) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1024, 2nd 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, 2 nd 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. Council approved 1 st Reading on February 21, 2012. 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, 2 nd 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 i i i i I ._s I — .._..— -- -- •-- ••- -•- -• —•• —•� ONTIPIEN � I Yom" t w � 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. 1 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 full force and effect from and its passage, and it so ordained. 2 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 3 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 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 \ 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� '- W s 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 3 j 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,° 4 f EXECUTED THIS Max Stocking: Marie . Stock>ng - :r w ... ^'t' _ .- 'a= gW„rs^*-.,.x.':a...^„- �.- .-T•.. - . ' 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. . _ 4 '