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Item 4EM E M O R A N D U M (April 17, 2012) To:Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1031, 1st Reading, Adopt an ordinance to abandon an unused utility easement located in the Thomas Hood Survey, Abstract No. 706 Action Requested: Ordinance No. 1031, 1st Reading, Adopt an ordinance to abandon an unused utility easement located in the Thomas Hood Survey, Abstract No. 706. Background Information: Prior to the development of Sandlin Manor, a sanitary sewer force main was constructed to serve the High School located just north of the area. This sanitary sewer force main extended south and was located on land which was later developed as Sandlin Manor. When Sandlin Manor was developed in 2005, the utility easement contained a sanitary sewer force main that was removed during the construction of the development. The utility easement should have been abandoned by separate instrument at the time of the plat recording. The new owners of the lot on which the existing easement is located are requesting that the City abandon the unused utility easement so that they can construct a home. The subject utility easement to be abandoned is located on land that is now identified as Lot 3, Block 1 of the Sandlin Manor Subdivision, also known as 408 West Chapel Downs Drive. The easement is recorded in the Tarrant County Records Instrument Number D195049555. The unused utility easement is 15’ wide and runs the depth of the lot. New sewer lines were installed with the Sandlin Manor development to serve the development and the school. Therefore, the easement for the sanitary sewer force main serves no purpose and is obsolete. As mentioned, a new home is to be built on the lot and the permanent utility easement has created a cloud which must be resolved before the property sale transaction can take place. The City has no need for the utility easement since the area is fully developed and served by utilities. It is incumbent upon the City to abandon the utility easement. This is the first reading. If approved, the second reading will be a public hearing. Financial Considerations: The filing fee costs for recording the new Quit Claim Deed in Tarrant County records will be the only additional costs associated with the abandonment of this easement. Strategic Link: The easement abandonment link’s 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. 1031 or deny it. Staff Recommendation: Approve Ordinance No. 1031, 1st Reading, Adopt an ordinance to abandon an unused utility easement located in the Hood Survey, Abstract No. 706. Supporting Documents: Location Map Ordinance No. 1031 Easement Documents D195049555 Quitclaim Deed Staff Contact: Robert H. Price, P.E., Public Works Director Gordon J. Mayer, Jr., P.E., City Engineer Steven D. Anderson, P.E., CFM, Civil Engineer Ordinance No. 1031 ORDINANCE NO. 1031 AN ORDINANCE VACATING AND ABANDONING A 0.1690 ACRE 15’ PERMANENT UTILITY EASEMENT LOCATED ON THE THOMAS HOOD SURVEY, ABSTRACT 706 AND RECORDED IN INSTRUMENT NO. D195049555 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 0.1690 acre 15’ permanent utility easement located on the Thomas Hood Survey, Abstract 706 in the City of Southlake, more specifically described in the county records in Instrument No. D195049555. 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: Mike Sandlin Homes, Inc. 1 Ordinance No. 1031 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. 1031 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 0.1690 acre 15’permanent utility easement located on the Thomas Hood Survey, Abstract 706 and recorded in Instrument No. D195049555, 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: Mike Sandlin Homes, Inc. and any and all of its heirs, legal representatives of assigns, all of its right, title, and interest in and to the following described real property situated in Tarrant County, Texas, to wit: A 0.1690 acre 15’ permanent utility easement located on the Thomas Hood Survey, Abstract 706. Dedicated by instrument recorded in D195049555. 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 ___________________, 2012. CITY OF SOUTHLAKE By: _______________________________________________ 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