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Item 6ACITY OF SO THLAKE MEMORANDUM (March 20, 2012) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1027, 2nd Reading, Adopt an ordinance to abandon an unused drainage easement located in the Larkin M. Chivers Survey, Abstract No. 300. Action Requested: Ordinance No. 1027, 2 nd Reading, Adopt an ordinance to abandon an unused drainage easement located in the Larkin M. Chivers Survey, Abstract No. 300. Background Information: Toll Brothers is requesting that the City abandon an unused drainage easement. The drainage easement to be abandoned is located in the southwest section of Estes Park Phase IV at the intersection of Beaver Creek Lane and Boulder Drive. The easement is recorded in the Tarrant County Records Instrument Number D205144257. The unused drainage easement consists of an area measuring 80' x100' which is 0.1836 Acres. The drainage easement abandonment encompasses a considerable amount of area on Lot 8. The easement was dedicated in May 2005 as part of the Brentwood Addition located to the west of the easement. When Estes Park Phase IV was developed in 2006, the drainage easement became obsolete because the outfall pipe draining into the easement was connected to the storm drain system of Estes Park Phase IV. This runoff is currently being conveyed through the Estes Park Phase IV storm drain system. A letter from the design engineer for Estes Park Phase IV has been included. A new home was recently built on Lot 8 and the recording of the permanent drainage easement has made the transaction of the property sale cumbersome. The drainage easement should have been abandoned by separate instrument at the time of the plat recording. The City has no need for the drainage easement since the Estes Park Phase IV storm drain system currently conveys the runoff from the Brentwood Addition and it is not needed for future development. It is incumbent upon the City to abandon the drainage easement which encompasses both lots. The first reading was approved on March 6, 2012. Financial Considerations: Applicant has provided the City with the filing fee costs. Strategic Link: The easement abandonment links this proposed abandonment 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. 1027 or deny it. Staff Recommendation: Approve Ordinance No. 1027, 2 nd Reading, Adopt an ordinance to abandon an unused drainage easement located in the Larkin M. Chivers Survey, Abstract No. 300. Supporting Documents: Location Map Ordinance No. 1027 Easement Documents D205144257 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 r 0 U) mmobt— fo 31lHM N - ------ F-T Ordinance No. 1027 ORDINANCE NO. 1027 AN ORDINANCE VACATING AND ABANDONING A 0.1836 ACRE PERMANENT DRAINAGE EASEMENT AND RIGHT OF WAY ON THE LARKIN M. CHIVERS SURVEY ABSTRACT NO. 300 AND RECORDED IN INSTRUMENT NO. D205144257 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 0.1836 acre permanent drainage easement and right of way located on the Larkin M. Chivers Survey in the City of Southlake, more specifically described in the county records in Instrument No. D205144257. 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 deed for the above mentioned property in Section 1 to the following entity: Kenneth and Stacie Knezek. 1 Ordinance No. 1027 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. 1027 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 0.1836 acre permanent drainage easement and right of way located on the Larkin M. Chivers Survey, Abstract 300 and recorded in Instrument No. D205144257, 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 0.01836 acre permanent drainage easement and right of way located on the Larkin M. Chivers Survey, Abstract 300. Dedicated by instrument recorded in D205144257. 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 Page 1 • ,�. s t� e s FILED - TARRANI COUNTY TEXAS CITY OF SOUTHLAKE DRAINAGE EASEMENT 2005 MAY 23 AM 8 36 .E HENDERSON NTY CLERK THE STATE OF TEXAS § COUNTY OF TARRANT § That L - - r r ; sg ..t- �RP.C4 MccT-g-7 , GRANTOR herein, for and in consideration of the sum of Ten ($10.40) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating Drainage facilities in, into, upon, over, across, under and through all that land in Tarrant County, Texas described as follows, to -wit: An eighty (80) foot wide Permanent Drainage Easement contairuing approximately 0, 1836 acres, as more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein. ' together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTORS heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent Drainage Easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTORSs chain of title. The Permanent Drainage Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person except as provided herein. . In the event that GRANTOR, or his heirs, representatives, successors or assigns, desires County: TARRANT Doc: 000144257 Date: M2 312 0 0 5 Vol: Page: Page 2 to develop and plat the property over which this easement effects, then GRANTOR shall have the right to relocate this easement and the related drainage improvements to a new location mutually agreeable by both the GRANTOR and the GRANTEE or remove the easement and the related drainage improvements if it is mutually agreed by GRANTOR and GRANTEE thht the easement and related drainage improvements are no longer needed for drainage purposes. IN WITNESS WBEREOF, this instrument is executed this 1G- day of 2005. ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared Xq&-e 4" r-a.e_i t&or'e. , known to me to be the person whose name is subscribeX to the foregoing instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the day of 2005. My Commission Expires: P /�7 2"O1 w Iers a mrJ r. Me Notary Public in an or " ' The State of Texas _ See A Her Typed or Printed Name of Notary 2 County: TARRANT Doc: 000144257 Date: 05/23/2005 Vol: Page: Page 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument dated the jj:� day of 2005, from - Vr l � -rrr.( u ( to the City of Southlake, has been duly Iccepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dated: ©� i Mayor, City of Southlake UTH Ok'S ,.....- �.�', .ATTEST: +� f V V ' i \ :. ; co a City Secretary AFTER FILING, PLEASE RETURN T4: City of Southlake City Secretary 1400 Main Street, Suite 270 Southlake, Texas 76092 Phone: 817481 -1519 Fax: 817- 481 -5826 3 County: TARRANT Doc: 000144257 Date: 05123/2005 Vol: Page: Page 4 EXMXT A LAND DESCR> JON DRAINAGE EASEMZNT BEMG a tract of land sit€zated in the Lard H. Chiveas Survey, Abstract No. 300, City of SouWab, Tarrant County, Texas and being part of that tract of lead da=lcd in insnrnuUCA'to Howard Brian Wayland as recorded is Volmae 7438, Page 874 of the Deed Records of Tarrant County, Texas and being more parftOJWY described as fellows: CO1VudeNCING at a 112 inch Iron rod found at the Soudiv ed comas of said Wayland Tract; THENCE, North 00 degrees 00 mintaw 00 seconds Ease along the westerly line of said Wayland Tract; a distance of 128.08 feet to the POINT OF BEGIIUMG of the h=iR desc nlW tract;. TFIEfiTClii, coaaw along the vxswdy line of said Wayland tract, North 00 dwe s 00 minutes 00 seconds East, a distance of IOQ00 feat to a point for a cornea fin= which a % inch iron cod found for a corner an the west line of said Wayland matt bears North 00 decrees 00 minutes 00 seconds East, a distance of 23935 feat and South 89 degrees 46 mimm 40 seconds ESS @ Mance of 129.07 feet; THgNCli;, departing the westrarly lme of said Wayland tract, North 90 degrees 00 nnmum$ 00 seconds East, a distance of 80.00 feet roc a point for a corner. TMCE, South 00 degrees 00 minutes 00 seconds Bas4 a durance of 100.00 feet to a Point for a tonnes, TMNC , Nortb 90 degrees 00 notes 00 seconds West, a distance of 80.00 feet to the POINT OF BEGINNING and CONTAR41NO 0.1836 of an acre (8000 square fed) of land, RIM of Iess. For Hvitt zollam Ina � ar ter. pwf+essional Lard Surveyor Texas Registraxion No. 4862 Huitt zollars, Inc. 3131 McKiwey Ave., Suite 600 Dallas, Texas 75204 Tele. 214 -871 -3311 Date: 3anuary 18, 2005 k"wWDRM)Mff_ nssCA,C l aft County: TARRANT Doc: 000144257 Date: 05/2312005 Vol: Page: Rage 5 LOT 1 Up"Ma m ADDTiTE3NNO.300 CAB. A, SIADE4321 P.LT.GT. I I!2 EMRM OUND S W46'40'E 189A7 SOWARDBRMHWAYLAND VM 7438 PAGE $74 D.LMT County: TARRANT Doc: 000144257 Date: 0 512 312 0 0 5 Vol: Page: a 0 O WlLBUM MOMEDAVIS O _ . VOI~ 6059 PACE 633 D.R.T= N �9C'Et0'E�`E 80.x` . . q V q N 00'QVM 100.9F1' wx 100' DRAB S 90'0M*E [OQW pA F R $ O TT OF BEGBOM0 o N qrww aw 0 $ PowropcomhaNam I1r1RwROD WI%4.TaWHM COAM t 100 0 100 208 340 GRAPHIC SCALE -- FERr BAASra o� r G . ASC , DiRAII�iAGB.EASIOti'1®'rI' APAItTOF E1317ACRES HBIANW lAS IN •�At�374,ISISD1tB0f8tD6 �.... V0LU3d874$, PAM 74, p,$TC - OFTAR�'ODUNZ3t.110�A9. iDEYd6�� Ae�epue� 8dw000 iAUMIL.C9IYB 39MVEY 4hoeslN"OsIF6stl !!F AUSTRAGT7+T0.300 TAPILMr Y, 7EUS PAL3S 2 0 2 County: TARRANT Doc: 000144257 Date: 0 512 312 0 0 5 Vol: Page: Page 6 CITY OF SOUTHLAKE 1400 MAIN ST #270 SOUTHLAKE TX 76052 Submfder: CITY OF SOUTHLAKE - ZSLKE -001 SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 7619£ -0401 CO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 0512312005 08:34 AM Instrument 9: D2051"257 OPR 6 PGS $22.00 I I[11111It1111[1111111 [111111111 Illll Illll IIIII111111111IN D205144267 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. County: TARRANT Doc: 000144257 Date: 05/23/2005 Vol: Page: ®DEOTTE, INC. February 28, 2012 Ms. Alejandra Ayala, P.E. Civil Engineer City of Southlake 1400 Main Street, Suite 320 Southlake, Texas 76092 RE: Request for easement abandonment Estes Park Phase IV Addition Southlake, Texas Dear Ms. Ayala: CIVIL ENGINEERING This letter is to request the City to abandon an easement which covers portions of Lot 8 and Lot 9, Block 1, of the Estes IV Addition in Southlake. The current easement is recorded as CC #D205144257 and is referenced on the subject plat to be abandoned by separate instrument. The Brentwood Addition obtained an easement from the property owner at the time, the Moore's, to construct a detention basin off -site on the Moore property for the benefit of their development. When Estes IV was constructed, the drainage from Brentwood was intercepted and conveyed by a pipe system through the development and storm water detention was provided in another location. As a result, the separate easement is no longer needed. This will have no effect on the platted easement in which the existing storm drain traverses portions of Lot 8 and 7 which will remain in effect. The Plat for Estes IV references that this easement is to be abandoned by separate instrument. A copy of this plat is attached. This request is to accomplish that result. Please contact me if you have any questions. Sincerely, DeOtte, Inc. �v ( h Richard W. DeOtte, P.E., CFM Attachment: Estes IV Plat PHONE (817) 589 -0000 2553 EAST Loop 820 NORTH - FORT WORTH, TEXAS 76118 FAX (817)590 -8600 VG'W w.D EOTTE. COM Ms. Alejandra Ayala, P.E. City of Southlake February 29, 2012 Page 2 _ o 3 r a ° a m s E M § a t z _ irk a a a x F = �7 — usoa i r - -- -- as ,as f AT o t. ass m.wa,l I �� � -.= � �••`. "_a '� s�'xe s f r P Easement Location - -- a PHONE (817) 589 -0000 2553 EAST Loop 820 NORTH — FORT WORTH, TLxes 76118 FAX (817)590 -8600 www.DEOTTE.COM