Item 4E AudioItem 6A. Ordinance No. one thousandtwenty seven, 2 nd Reading, permanent
drainage easement abandonment located in the Larkin M. ChiversSurvey.
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The requested action for this item is to adopt Ordinance one thousand twenty
seven, 2 nd Reading, to abandon an unused drainage easement in the Larkin M.
ChiversSurvey, Abstract three hundred. 1 st reading was approved on March6,
2012.
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The request of the developer placedinto action the need for the City Council to
enact an ordinance. Chapter3, Section 3.11 subsection (a)(7) of the Southlake
Charter states that the council shall legislate by ordinance. In addition to other acts
required by law or by specific provision of this Charter to be done by ordinance,
those acts of the Council shall be by ordinance which: Convey,lease or authorize
the conveyance or lease of any lands of the City;
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The drainage easement to be abandoned is located in the southwest sectionof
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 red area is the approximate location of the drainage easement. The Estes Park
Phase IV plat which was filed on March 23, 2007 shows the drainage easement to
be abandoned by separate instrument. Research by the property owner and City
staff determined that the abandonment instrument was not filed with Tarrant County
Records.
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The unused drainage easement consists of an area measuring 80’x100’ which is
0.1836 Acres.Toll Brothers is requesting the drainage easement abandonment
which encompasses a considerable amount of area on Lot 8. 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. Lot 9 has a home built on
the property therefore it is incumbent upon the City to abandon the drainage
easement which encompasses both lots. The City has no purpose for this
easement.
Updating the public records regarding this easement will simplify future negotiations
of property sales by both the land owners and the City of Southlake.
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Approval of Ordinance one thousand twentyseven fulfills the City’s mission of
managing the business by providing high quality customer service.
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If you have anyquestions regarding this item, please contact Robert H. Price at
748-8097.
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