Item 4JCITY 1 OF
SOU 1 1 LAKE
MEMORANDUM
(June 5, 2012)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Public Works Director
Subject: Ordinance No. 1036, 1 St Reading, Adopt an ordinance to
abandon an unused easement located in the John H.
Childress Survey, Abstract No. 254.
Action
Requested: Ordinance No. 1036, 1 St Reading, adopt an ordinance to
abandon an unused easement located in the John H.
Childress Survey, Abstract No. 254.
Background
Information: The property owner of 3120 Peninsula located on Lot 58,
Block 2 of the Dove Estates Addition is requesting that the
City abandon an unused easement. In 1983 when this
easement was filed, Dove Estates did not have a sanitary
sewer system in place and therefore relied on septic
systems. Lot 58 was dedicated as an easement for the
purpose of providing a septic system to Lot 57. The
easement is recorded in volume 7651, page 1915 of the
Tarrant County Records. An easement agreement was also
filed in volume 7651, page 1920 of the Tarrant County
Records.
The unused easement to be abandoned consists of the
entire Lot 58 which is approximately 0.224 Acres. The
easement was to remain for so long as the Dove Estates
remained dependent upon individual septic systems. The
easement should have been terminated upon the successful
completion of the installation of the sanitary sewer system.
The City has no need for the easement since the Dove
Estates Addition has a sanitary sewer system in place.
Financial
Considerations: The applicant has provided the City with the filing fee costs.
Strategic Link: The easement abandonment links this service to the city's
strategy map relative to manage 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.
Staff
Recommendation: The City Council may approve Ordinance No. 1036 or deny
it.
Supporting
Documents: Location Map
Ordinance No. 1036
Easement Documents
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
Ordinance No. 1036
ORDINANCE NO. 1036
AN ORDINANCE VACATING AND ABANDONING A 0.224 ACRE
EASEMENT ON THE JOHN H. CHILRESS SURVEY ABSTRACT
NO. 254 AND RECORDED IN VOLUME 7651, VOLUME 1915 OF
THE TARRANT COUNTY RECORDS, LOCATED 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 the easement, 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 0.224 acre easement located on the John H. Childress Survey in the City of
Southlake, more specifically described in the county records in Volume 7651, Page 1915.
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: Joe H. Holler.
1
Ordinance No. 1036
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. 1036
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 0.224 acre easement located on
the John H. Childress Survey, Abstract 254 and recorded in Volume 7651, Page 1915 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 Joe H. Holler 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 0.224 acre easement located on the John H. Childress Survey, Abstract 254.
Recorded in Volume 7651, Page 1915 of the Tarrant County Records.
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
Joe H. Holler, Sr.
3120 Peninsula Drive
Southlake, Texas 76092
May 23, 2012
Ms. Alex Ayala, PE
Public Works Department
1400 Main Street, Ste. 320
Southlake, Texas 76092
Re: Easement Release
Lot 58, Blk 2, Dove Estates
3120 Peninsula
Dear Alex:
This letter shall serve as my formal request that the City of Southlake release
and abandon the easement encumbering the captioned lot, which easement is
dated September, 1983, and filed in Tarrant County Deed Records at V 7651, P
1915 et seq. (copy attached).
My request for release of the easement is made because 1. its purpose no longer
exists, the events triggering the termination having occurred; 2. the easement:
document stipulates that the easement shall be released; and 3. until released by
the City the easement continues to encumber the title to Lot 58, my homestead,
which I am planning to sell soon.
The subject easement names the City of Southlake as Grantee in order to obtain
City approval for building on the adjacent lot (Lot 57, Blk 2). In the fall of 1983 no
public or private sewer service was available to Lot 57, and the City allowed a
septic system on Lot 57 provided that the easement allow for lateral lines on Lot
58. The wording of the easement document makes clear that this as a temporary
measure until service to Lot 57 is available from either a private or municipal
sewer system. In relevant part, the document stipulates the Grantee shall release
the easement upon occurrence of a "termination event" as follows:
"The easement, rights and privileges granted hereunder shall
terminate when, or at such time as the purposes of the Easement
conveyed herein cease to exist, ...or when Grantor successfully
completes the installation of the private sewer system for Dove
Estates Subdivision... or when the City of Southlake installs a public
sewage disposal system for the Benefit of Dove Estates
Subdivision. "
The public sewage disposal system serving Dove Estates is in place, and, Mr.
Jack Thompson in your office has confirmed that Lot 57 is served by and
connected to it. Therefore, a termination event has occurred. However, the
release is not automatic. The document states:
"Regardless of the reason for the termination of this Easement, said
Easement shall not be considered terminated, released or
abolished, or abandoned until the City of S'outhlake, Grantee
herein, executes a release or abandonment of such Easement. "
Since the document obligates the City to release this easement by its terms, it
doesn't seem fair that I should be charged for requesting the City to do what it is
otherwise required to do by agreement that did not involve me. Therefore,
respectfully request that the $250 fee be waived.
Finally, in order that the title company will remove its exception to the Easement
Agreement dated June 30, 1983 and recorded in V 7651, P 1920, (copy
attached) I request that you please confirm in writing that Lot 57 is connected to
the municipal sewer system.
Respectfully,
7Y
Joe H. Holler, Sr.
CITY OF
SOUTHLAKE
1 9
Public Works Administration
May 29, 2012
Joe H. Haller, Sr.
3120 Peninsula
Southlake, Texas 76092
Re: Sanitary Sewer Services to lot's 57 and 58, Dove Estates Addition
Dear Mr. Holler:
This letter is to confirm that lots 57 and 58 located in the Dove Estates Addition are connected
to the municipal sanitary sewer.
If you have any questions, please feel free to contact me at 817.748.8274 or via email at
aavala @ci.southlake.tx.us
Sincerely,.
Alejandra (Alex) Ayala, P.E.
Civil Engineer
Page 1 of 1
Innovation 0 Integrity 0 Accountability 0 Commitment to Excellence 0 Teamwork
gig
I
I
t
Wr
61
22
- J"
W2 gr
o
I
t
Wr
22
- J"
W2 gr
o
I
t
Wr
np
SASENENT 9. rip) W 6
3000 5576SOB 4 ff112710 3
STATE OF TEXAS )
3 KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT 1
That DOVE ESTATES JOINT VENTURE, a Texas joint Venture,
hereinafter called Grantor, for a good and valuable
consideration, from the City of 5outhlake, hereinafter
called Grantee, does hereby grant, sell, and convey unto
Grantee an easement and right -of -way upon and across the
entire following described property of the Grantor:
Lot 58, Block 2, Dove Estates Addition to the City
of Southlake, Tarrant County, Texas, according to
the Plat recorded in Volume 388/69, Page 49, Plat
Records Tarrant County, Texas.
The easement and right-of-way hereby conveyed shall be
upon, under, and across the above described property and
shall remain until released by Grantee upon the occurrence
of a termination event as set forth hereinafter.
The easement, rights, and privileges herein granted
shall be for so long as the DOVE ESTATES SUBDIVISION remains
dependent upon individual septic systems or as otherwise
provided herein. Grantor hereby binds itself, its assigns,
and legal representatives, to warrant and forever defend the
above described easement and rights unto Grantee, its
successors, and assigns, against every person whomsoever
lawfully claiming or to claim the same or any part thereof.
The easement, rights, and privileges granted herein are
exclusive, and Grantor covenants that it will not convey any
other easement or conflicting rights Within the area covered
by this grant except as set out herein.
This instrument shall be binding upon its assigns, and
successors of the parties hereto.
EASEMENT - Page 1 VOL 7651 1APE19Z
1
21
d
It is expressly agreed and understood that the
easement, rights, and privileges herein conveyed to Grantee
are limited to the installation and operation of lateral
lines (at the Lot Owner's sole expense) for the use and
benefit of z
Lot 57, Block 2, Dove Estates Addition to the City
of Southlake, Tarrant County, Texas, according to
the Plat recorded in volume 368/69, Page 49, Plat
Records Tarrant County, Texas
It is the express intent of this easement to allow
Grantor herein to develop said dedicated lot upon the
completion of a private or public sewer system that will
allow all the lots in DOVE ESTATES SUBDIVISION to be
utilized without impairing the health and welfare of. the
public or Lot owners in said subdivision. It is the further
intent of the parties herein that the Lot Owners of the
dedicated lot(s) or other Lot owners in or out of the
subdivision shall not gain any vested rights in said
Easement by virtue of this conveyance or by virtue of the
use of such tract for septic sewer system purposes unless
Grantor fails to install a private sewer system ).or such
subdivision. In the event of such failure, such Lot Owner
or owners shall be entitled to all easement rights unless
and until a municipal sewer system is installed in said
subdivision by the City of 5outhlake. The sole purpose of
said easement is to allow Grantor to develop selected lots
in said subdivision while Grantor and Grantee, at Grantor's
expense, work diligently towards a private sewer system.
Grantor further agrees that Grantor shall be
responsible for the connection of Lot 57, Block 2 of Dove
Estates Addition to the private sewer system to be installed
for said subdivision, with such connection to be at
Grantor's sole expense unless such obligation is assumed
EASEAENT - Page 2
VOL 1651 10IMS
31
and accepted by Said Lot Owner through a written contractual
agreement with Grantor.
The easement, rights and privileges granted hereunder
shall terminate when, or at such time as the purposes of the
Easement conveyed herein cease to exist, or when such
Easement is abandoned by Grantee, or when Grantor
successfully completes the installation of the private sewer
system for DOVE ESTATES SUBDIVISION and requests said Lot
Owner to connect to said sewer system in accordance with the
terms and conditions of -any written contractual agreement
with Grantor requiring such connection or, if no such
contractual agreement exists, then when Grantor connects
said lot (or the septic system thereon) to the said private
sewer system installed by israntor for' the use and benefit of
DOVE ESTATES SUBDIVISION, or when the City of Southlake
installs a public sewage disposal system for the Benefit of
DOVE ESTATES SUBDIVISION. Regardless of the reason for the
termination of this Easement, said Easement shall not be
considered terminated, released or abolished, or abandoned
until the City of Southlake, Grantee herein, executes a
release or abandonment of such Easement.
Grantor also retains, reserves, and Shall continue to
enjoy the use of the surface of such property for any and
all purposes which do not interfere with and prevent the use
by Grantee of the within easement including the right to use
the surface of the herein granted easement for drainage
ditches, driveways, alleys, walks, gardens, lawns, planting
areas, utilities and other like uses and /or to dedicate all
or any part of the surface of the property affected by this
easement to the City of Southlake for use as a public
street, road or alley, so long as any such uses do not
interfere with the use of such lot or the subsurface thereof
in the connection with the septic sewer system for the lot
to which this Easement is dedicated.
EASEMENT W Page 3
VUL 7951 0=1
IN WITNESS WHEREOF, this instrument is executed) this
26th day of September, 1983.
Calvin A. Bark r, Mitnager '^
Dove Estates Joint Venture
1204 Rose Avenue
Dallas, Texas 75202
( 214 ) 749 --0600
STATE OF TEXAS )
)
COUNTY OF DALLAS )
Before me, the undersigned authority, on this day
personally appeared CALVIN A. BARKER, MANAGER OF DOVE
ESTATES JOINT VENTURR, 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 and that he is
duly authorized to execute such Easement.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 260h clay of
September, 1983.
�• .G" �,�. •I • rte
z.'
i Return
UdAlgi
i S. VasgUezU
Notary Public
in and for the state of Texas
My Commission expires
December 29, 1986
Dove Estates Joint Venture
1204 Rose Avenue
Dallas, Texas 75202
VOL, *765101
41
EASEMENT -- Pages 4
VOL 7651, fgIltilo
cn
; — 13
CJ
r.4
C=3
tEXA$
kee%r ant," dry tho l,
-- w 4% at- he wait Ful) MY� 4W 4ecil by e d VI jj
Ar A$ d
rms� " '
#a sm Ro m
PId 4-44
U acr -98
2'
CMN "N �
VOL 7651, fgIltilo
qt -
?6 s'! /0
�TIJI-re f3
STATE OF TEXAS
EASEMENT AGREMNT
3000
COUNTY OF TARRANT
7 I W o l o �6— S3
5157699 i
7b99 4 0 /17/fi3
THIS Agreement entered into on this 30th day of June,
1983, by and between DOVE ESTATES JOINT VENTURE,
(hereinafter referred to as "Joint Venture ") with its
offices at 1204 Ross Avenue, Dallas, Texas 75202 and U.R.S.,
INC., a Texas Corporation, and BOB DAVIS, individually with
its offices at P. 0, Box 982899, Southlake, Texas 76092
(hereinafter referred to as "Builder ").
WHEREAS, the Joint Venture is owner of a certain
property legally described as followas
Lot 58, Block 2, Dove Estates Addition to the City
of Southlake, Tarrant County, Texas, according to
the Plat recorded in Volume 388/69, Page 49, Plat
Records Tarrant Country, Texas.
WHEREAS, the Builder is familar with said lot and the
Joint Venture's agreements with the City of Southlake and
Builder desires Joint Venture to place an easement on said
lot for the benefit of the following described lots
Lot 57, Block 2, Dove Estates Addition to the City
of Southlake, Tarrant County, Texas, according to
the Plat recorded in Volume 388/69, Page 49, Plat
Records Tarrant County, Texas.
WHEREAS, the Joint 'venture is desirous to place said
easement on said lot to facilitate development of Dove
Estates Subdivision;
NOW, WHEREFORE, in mutual consideration of the premises
it is agreed as follows:
1. Term. The term of this agreement shall
commence upon the execution of this Agreement and /or Earnest
Money Contract between Joint Venture and Builder for the
sale of the lot to said Builder and continue until. sewer
system is complete and hooked up to the second above
described lot.
2. Duties. The Builder's duties shall include, but
not be limited to, construction of lateral lines upon said
dedicated lot for the benefit of the lot conveyed to
Builder.
3. Consideration. In consideration of the
foregoing Builder, agrees to pay Dove Estates Joint 'Venture
and /or the City of Southlake any assessment or pro rata
share to be determined by the City of Southlake or Dove
Estates Joint Venture for the installation and hookup of a
private or municipally owned sewer system to be installed in
the said subdivision by Dove Estates Joint venture or the
City of Southlake. Builder agrees that he shall be
responsible for connection of the second above described lot
of Dove Estates Addition to the sewer system to be installed
for said subdivision with such connection to be at Builder's
sole expense unless such obligation is assumed and accepted
by said lot owner through written contractual agreement with
Builder wherein Builder shall be and remain jointly and
severally liable in the event new lot owner fails or :refuses
to pay assessments by Southlake or Dove Estates Joint
EASEMENT AGREEMENT - Page 1
VOL 7651 FACULOW
21
Venture and or connection fees and /or its pro rata share.
Said assessment fee (hookup fee not included) shall not
exceed $3,500. Any fee over and above $3,500 shall. be the
expense of Joint Venture.
4. This agreement is made in the State of Texas and
shall be construed and interpreted in accordance with the
laws of the State of Texas.
5. Any notice or notification permitted or required
to be given hereunder may be given by mailing such notice
Certified mail, first class mail, mail -o -gram, or telegram
to the respective addresses of the parties as they appear
below and as followso
Dove Estates Joint Venture
1204 Ross Avenue
Dallas, Texas 75202
U.R.S., Inc.
P. 0. Box 952999
Southlake, Texas 76092
IN WITNESS THEREOF, parties hereto have set their hands
and affixed their seals on this 26th day of September, 1993.
JOINT VENTURE
BY I
C alvin A. Bar, er, J
Manager
Dove Estates Joint venture
BUILDER
Bob Da
s�
Individual
HYa G(�S
Bob Davis
President
U.R.S., Inc.
EASEMENT AGREEMENT - Page 2
VOL 7651 PAQ1=
STATE OF TEXAS
COUNTY OED DALLAS
Before me, the undersigned authority, on this day
personally appeared CALVIN A. BARKER, JR., Manager of DOVE
ESTATES JOINT VENTURE, 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 and that he is
duly authorized to execute such Easement.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of
September, 1983.
Before me, the
undersigned authority, on this day
NO Ply,
of U.R.S., INC., known
i,
ai S. VasquJ9z
instrument, and acknowledged to
otary Public
the same for the purposes and
in and for the State of Texas
:;�;•_ `d
My Commission expires:
�.
December 29, 1986
a: 11 h�
STA2'
COUNTY OF DALLAS )
tary Public(/
Before me, the
undersigned authority, on this day
personally appeared BOB DAVIS, Individually and as President
of U.R.S., INC., 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 and that he is duly
authorized to execute such
Easement,
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 26th day of
September, 1983.
,,tic:'
tary Public(/
in and for the Stater: of Texas
Printed Name of Notary:
M Co c9m iesion pxpire:s:
WL "7651 14119=
EASEMENT AGREEMENT - Page 3
4
~ rV
J . rn ,•�--
cv
:o
t.'OUNTY OF TAAxniv7
StA7+Z O6 TEXAS
d+h indjq q tuhNa�uM hun � fII EA on thin
r
aEcOAuEO in i h y � y yam. tnb 1 °° ou
d Tnrnnt Caro
u nGM w ped Aereod by mn
OCT 20 1983
CLEaK
T courfi; m,
VOL '7651 PACE 1923