Item 6ECITY OF
SOUTH LAKE
MEMORANDUM
(May 1, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 1031, 2nd Reading, Adopt an ordinance to
abandon an unused utility easement located in the Thomas
Hood Survey, Abstract No. 706
Action
Requested: Ordinance No. 1031, 2nd 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 close on the property. 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and is obsolete.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 has been 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 item is a public hearing. The 1St
reading was approved by City Council at the April 17, 2012
meeting.
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, 2nd 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
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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
PERMANENT [,r7"14aITY LASEMENT AND
I EMPORARY 0019S7 RUCTION EASEMENT.
t_
KNOW ALA. MkN BY THESE PRESENTS:
"Th t`sva, die S , 44 41iff nonies, lean . Grantor herein.. for and in consideration of tie
City o f , Stwahlalt relirsquf tntt applicable seism impact tee for onr single farttily residential
coon trtrxr. , erg of �t on c .. for o single tarnily service, and other caarl and
..,
Vahiable cons i� dattkv Iii c°m#tee herein the receipt and tai nc tr which is hereby
n,:
ae knowled ed tmt ,rntf r l ltn taut sold
and conveyed, �i by these pr en do
grant, sell and 6onvey to lie �,'ity trf Soudilake, Grant= tart in, of Ta r rani taunt} , Texas to
permanent and Pe"n)CIUAI-rasenwitt and temporary construction casement teat the purpose o
ittaidling, . •:.: taint '., altering, replacing, relocating, and operating utilities in,
irate, n, irver, acrd t land in Tarrant County, `I xrt.s de
sc ttlltar s, to-
wit:
Being a pernment ia5 NA its rtttlt ernem and a 5 foot Wide ternpontry c:i ` tit n
easement, described as`followN r
d' See air ption;
attached Exhibit ' tier rtfttv� „ ci traat�ttcT.s �test;ri
See attached Exhibit "B" for alrttrc' deptcuon :
i See attached Exhibit "C" for conditions cad eWseffient;
together with the right caf impress �tttd re,s. a 1 such p ices.
Grantor covenants ad agrees that Grantor and tbanr rot's herd ,- i tresentatives, successors.and
assigns shall at no time erect- place gar constru , ter Lau' se be '' , `tea, :plac:ed err ctrrrstructed
in, inter, upon, aver, amass or under said ent e� ` trr�trt:granted herein any t tapir: ° car
per: ent structures, and it is'further r that Gra ' .sha€l hav the right to excavate and
fill upon and within said cas and shall .At 'rr ti,to reMov twain said
permanent ea rnern any fences, buildings, or other obstructions as ntay:tto be tcaurrcl mart
rt
said permanent easentent Grantee shall replace any exfstrrel; acand shall re--sod air re-seed
the cant e&sement easement where necessary to return the pro as pear 1y:, as pl� ssilale to its
prior condition. :
n
Such temporary c o ns rction. ca . anent .shall include the right. to e c a: a to rar fill such
shall replace any ex. tiztr- lenccs._irn Tone rten s, Qr- ftypisrs within
or capon id temporary construction easement rthcurt cost eta G tear, to �urtept crevu�r.
fu thereof, and sl l restore are property as nearly as pssible to its condition error V. 01rN ,
there an:
TO H AVE AND "1`O HOLD they ;afrove descrilued easement, logether ith all and * trlf talar t c
rights and appurtenances 11 e c . ° I, c
ass - t net forever; and we do hereby cert ify that we are the owners at the property described
herein and bind out ,elves, our heirs and assigns,, to warrattt and eta fcrte;vet defend all a if '
singular the premises onto. they said Grantee, its successov and assigns, against every person
Page I cat' 5
EXUAITED this tk day of
BU ORE 1 ft undmigned authority, on this day pemmily appeared ike Satuft
c known to the to be tk persons whm names are, subscribed to the foregoing
uW&aWa,_M4 acknowledged to me 6a they executed the for
on y sew of office on this Ly ca
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my Commission expires
Accepted by the City f e, this day of
Ity:
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RETURN MEN , ,.
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Mike Sandftm 'Ity o f
1137 Davis Bled. Oo Sandra LeC
Fast worth, TX 7+61 it
66 7 N. Carroll Ave
southlake, TX 76092
Page 2 0
S P ea { y$ « eda 30
WPERMANENT UTILITY EASEMENT ESN
WTEMPORARY CONSTR UCTION I l(3N E. SE IIwNT
Mike Sandlin Hums,
Field dote
eta a fl.,l 6 :re t�°& - t of , or less,; situated in the County f T t„ f
'1 : ; - ; 1 ►n of Hood SwNey, AbswAd. and being of a tract of
W ttt; `ke Sandlin Bonus, Inc- by deed w0AW in Volume 783, N e 11-687,
of ft " d o f '1 'T , Which ,1 of , more or ltss, is
more z. . n .. ... follow
BEG IN It ata k 1 the line of the aforementioned Mike Sandlin Homer,
tract
"1 Sl " '"E ate ceof164. 2 feet to point. for a comer,
THE NCE 9' 17' a AWa of.245,44 f t to a _. po for a c omer,
THE NCE " 57' 1" . a, ce of _IZ fed to a Poi for aCMw
being in o ";- aF . i Homes tract,
THENCE. S 03 21' 18' E, a of 15,04 to a point for a
TH ENCE N 5' ti 7' 1 ST W, a dt .ts ' . f l to a point for. a comer,
THE NCE N * 1 1, a &qwkc of -259,79 fca to a -point for a corner,
THENCE N '' " 9* W, a :. e of 1;79 l " - to a pout f a a
THEN N ' 20' 211" E, 4 sal` ; 15. - t� a ant f a , sw t t
PO INT being ft OF BEGINNING c : nij D. t690 acres of land, mm or
less.
Ow.
Pa gye . 4 o .5
t ash' 9
IMENT
R .. "'. l` .. °al shall he placed, lout =Wead, upon the G , pu m . to the gerter
the
ex
placed to facilitate the filling of the low are east a�f e end. l t is
not re ` male f r leveling, coiWarting, or deteranains the placement of material.
tl art of till material to l lalac etl within d xi bove . = • l not
ex yaws of material,
i t a t if futaare repair are rapired in the sewer line, any pavement
A OM
which is ream tea t removed shall be a° slag mil, at no rcm to the G tore to a
n.
etatrttt dun existed prior to the Construction,
low
, : o
Pat,
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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 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
Mayor, John Terrell
ATTEST:
ALIUTA KIUHAKUSUN /U11Y SLUKEIAKY
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
1 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