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Item 4KCITY OF SO THLAKE MEMORANDUM (January 15, 2013) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1058, 1st Reading, Adopt an ordinance to abandon an unused temporary construction easement located in the J.J. Freshour Survey, Abstract No. 251 Action Requested: Ordinance No. 1058, 1st Reading, Adopt an ordinance to abandon an unused temporary construction easement located in the J.J. Freshour Survey, Abstract No. 251 Background Information: Public Works is requesting that the City abandon an unused temporary construction easement. The temporary construction easement to be abandoned is located in Lot 26 Block 3 of the Vista Trails Addition, also known as 720 Overland Trail. The unused temporary construction easement is 20' wide and runs parallel to a 15' drainage & utility easement. In 2002 the City was granted the 15' Permanent Drainage & Utility Easement by the property owner to make storm drain improvements in the neighborhood. The temporary construction easement was recorded with the 15' Permanent Drainage & Utility but did not include an expiration date or termination period. The temporary construction easement is still in place. The property is currently up for sale and the temporary construction easement has created a cloud which must be resolved. The temporary construction easement should have included a termination date or period of validity and expired automatically. The City has no need for the temporary construction easement since utilities were constructed in 2002. 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. 1058 or deny it. Staff Recommendation: Approve Ordinance No. 1058, 1st Reading, Adopt an ordinance to abandon an unused temporary construction easement located in the J.J. Freshour Survey, Abstract No. 251 Supporting Documents: Location Map Ordinance No. 1058 Easement Documents Volume 0015616, Page 3 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 CL rm 0 v 0 J Ordinance No. 1058 ORDINANCE NO. 1058 AN ORDINANCE VACATING AND ABANDONING A TEMPORARY CONSTRUCTION EASEMENT LOCATED ON THE J.J. FRESHOUR SURVEY, ABSTRACT NO. 251 AND RECORDED IN VOLUME 0015616, PAGE 3 IN TARRANT COUNTY; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THIS EASEMENT; 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 0015616, page 3 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 temporary construction easement located on the J.J. Freshour Survey, Abstract No. 251 in the City of Southlake, more specifically described in the county records in Volume 0015616, Page 3. 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: Sammy R and Susan D Tork. 1 Ordinance No. 1058 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. 1058 PASSED AND APPROVED ON FIRST READING ON THIS DAY OF , 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2013. MAYOR ATTEST: CITY SECRETARY /ALICIA RICHARDSON EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 3 �1 CITY OF SOUTHIAKE t'�c 3sreby cer!rfy That this 1! , ��._� DRAI NAGE EASEMENT elect rpy Or tlw ori�snat inst:_,,,= it as .` f �i for ncutA LETR INC. t 5 By. �.{A.E'L, :( THE STATE OF TEXAS § '_ (� COUNTY OFTARRANT § That I, Derrick Walls and wife, Mary Walls, GRANTOR herelr, for _and-in � consideration of the sum of Ten (S10 -Utt} Dollars and other good an a y " ( consideration in hand paid by the CITY OF SOUTHiAKE, home rule andh(cipal 0; (} 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 sa(d 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: A 15 foot wide Permanent Drainage and Utility Easement containing approximately 0,04 acres, as shown on Exhibit "A" and more particularly described in Exhibit "IT atlached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes, GRANTOR covenants and agrees that GRANTOR and GRANTOR's 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 shalt 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 fount 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 GRANTOR's 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, •ACVTRC+ TARRANT Doc: 0001116973 hate: 04/18/2002 Vol: 0015616 Page: 00003 Page: 1 Of 5 i! i= iN t NESS W OF, this instrument is executed this day of t ) ,Gs'!�l f b Darnck Walls Mary Wall ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the un rsi ne aul on and €or Texas, on this day personally appears own to me to be the person whose name is subscribed to the for ejoi instrument, and acknowledged to me that the same was executed for the purpose an consideration therein expressed, and in the capacity therein stated. 'ICE, this the ,^ day of SANDY Ross a tr7t►YPvSEc5"dTlaw MYC017lAFiP45 Nw Od, Y ' 2 •ACS /TRC- T ARRANT Dao: 000106473 Date: 04/18/2002 Vol: 0025616 Page: 00003 Page: 2 0£ 5 Exhibit B 2001 -D- 042 -TA September 10.10!11 :l. �y :L S3 t3 .S (J t] FIELD NOTE DESCRIPTION FOR PERNIAivENT DRAINAGE EASENIENT ACROSS TIME PROPERTY OF DARRiCK WALLS AND WIFE, NNIARY WALLS (VOLUME 10995, PAGE 739 DEED RECORDS OF `f'ARRANT COUNTY) Bcing a 0 -05 acre tract of land for permanent drainage easement generally 15 -feet in width located in the J. J. Freshour Survey, Abstract ;`lumber 251 of Tarrant County, Texas, and being over, under and across a tract of land conveyed to Darrick Walls and wife, Mary !Walls as recorded in Volume !0395, Page 739 of the Deed Records of Tarrant County, Texas, and platted as 1.ot 26, Stork 3 of Vista Trails Addition as recorded in Volume 38895, Page 3 DRTCT, said permanent drainage casement being more particularly described as follows: BEG11'NfNG at a point in the north line of an existing 10.00 foot drainage easement as platted in the Vista Trails Addition as recorded in Volunic 33895, Page 3 DRTCT, said point being 5.00 feel from and perpendicular to the south property line of a tract of land conveyed to Darrick L. Walls and platted as Lot 26, Block 3 of Vista Trails Addition as recorded in Volume 38995, Pago 3, DRTCT, said point also being S 59 ° 51'00" E, a distance of 95.23 feet and South, a distance of 214.95 feet from a 5!S -inch iron rod found for the intersection of the east right -of -way line of Overland Trail (a 50.00 foot tight -of -w y), the northwest comer of a tract of land conveyed to Berney R. Tucker and platted ns Lot 25, Block 3 of Vista Trails Addition as recorded in Volume 38595, Page 3, DRTCT and the southwest corner of a tract of land conveyed to Gary D. Green and platted as Lot 24, Block 3 of Vista Trails Addition as recorded in Volume 38895, Page 3, DRTCT; THENCE N 60 E, a distance of 108.21 feet to a point for a comer in the south line of an existing k0.00 foot electric casement conveyed to Tri- County Electric Company as recorded in Volume 4077, Page 427 DRTCT, said point being 30.00 fret from and perpendicular to the east properly line of said Walls tract; THENCE N 00 W being at all times 30.00 feet from and parallel with the cast line of said Walls tract a distance of 50.89 feet to a point for a corner in the common line between said Walls tract and the south lime of a tract of land conveyed to Bemey R. Tucker and platted as Lot 25, Block 3 of Vista Trails Addition as recorded in Volume 33895, Page 3, DRTCT; THENCE S 89 E, along the common line behveen said Walls tract and said Tucker tract. a distance of 15 -00 feet to a point for a corner, THENCE S 00 E, being at all times 15.00 feet from and parallel with the east line of said Walls tract, a distance of 59.49 feet to a point for a corner THENCE S 60 ° 09'00' E, a distance of 91.01 feet to a point far a corner in the north line of said existing 10.00 foot drainage easement; )Mksvha�FSFi�'Vi�[651•m7 ef�ends *ACSITRC* TARRANT Doe: 000206973 Date: 04118/2002 V01: 003,5 Page: 00003 Paget 3 Of 5 l5 i� �J i1 4J THENCE N 85 W, along the north line of said drainage being at all times 5.00 Feet from and perpendicular to the soutlt line of said Walls tract to the POINT OF BEGINNING, said _ 2 q_ ) and more or less. . , P l S t e tract t drainage easement - ? ,.....- ..,.__...... _ t:n! containing acres _ _ square feet) o Also, a Temporary Construction Easement 20 -feet in width, being intmediately adjacent to and ~ parallel with the westerly legs of the above described permanent drainage casement. ? City of 5outhlake Permanent Drainage Easement Darrick Walls Field Nfoie Description I +ACS /TRC- TARRANT DoC: 000106973 ISate, 04/19/2002 Vol; 0015616 Page, 90903 Page- 4 Of 5 t�s 1 i� �] 0202106973 METROPLEX 1723 E SOUTHLAKE BLVD,100 t� SOUTHLAKE TX 76092 3 t - W { p R N 1 N C - THIS IS PART OF THE OFFICIAL RECORD - -D 4 N O T D E S T R O Y I N D E X E D -- T A R R A N T COUNTY T E X A S S U Z A N N E R E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I PT T O: METROPLEX TITLE INC RECEIPT NO REGISTER RECD -8Y PRINTED DATE TIME 202236739 DR93 CH 04/18/2002 08.47 INSTRUMENT FEECD INDEXED TIME I D202106973 Tf2D 20020418 OS :47 CG T O T A L DOCUMENTS: 01 E E E 5: 17.00 B Y: r „ fir ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FE13ERAL LAW. *ACS /TRC' TARRA= Aoa: OD0106973 Date: 04118/2002 Vol: 001$616 Page: 00,303 Page: 5 of 5 S Reference ND: 3932Y12 G.F. No: 40988 Title Co: FIDELITY NATIONAL TITLE COMPANY Purchaser: TORK PROPERTY DESCRIPTION Lat 26, Block 3 of Vista Trails Addition, in Tarrant County, Texas, and being a part of the J.J. Preshour Survey, according to the Revised plat thereof recorded in Volume 388 -95, Page 3, Plat Records. Tarrant County, Texas. TRACT 3F13 TRACT 3F6 DPIOM070 0210027285 CENTER OF 3' MEFAL OST IN CONC. SEARS FND. BY CONC MEAS. S 00' 30' 34" E — 110.00' s 52 w - 0.63 .6` CONC. RUNNER — — U "EN'NAGE ESMF. 388 -95 / 3 — \— •e,k. 1 DRAINAGE UNLITY ESMr "+irir 3 \ ;;. L_F:' APP ROXI MA TE EL 18878 .,, Y . OF UTILITY ESMT. L X C�- E D — -E _ a — — — r 15' DRAINAGE 13 UTILITY EST l 15618 / 3 — I \ \ , 20' TEMPORARY CONSTRUCTION ESMT 15819 / 3 \ +7 Sp \ Cq LOT 25 � "= � � \ � LOT 27 388 -95 / 3 .'s° POOL \ ' Ld : R te• STON E 1 0 - o � • .+ .7' CINDER BLOCK .a as .Y_'r�• --:: I N RETAINING WALL„ ;}• y ?�'; S= ' 22.2Z'- Z' • -� STONc,RETAINING WALL \\ V) r•' co • a z BRICK & FRAME RESIDENCE /,T .,, .7' PA zmNE NEr a!N rr•ti >3ti:u f3 > •�•;i`tt r 1640 / g WALL. 30' LO T ,T p'p fir L�.O 2-6 ` � .Fr � }' V DRAINAGE ESMr. ..n J. _. f i (CONTROL }f MEAS. DUE NORTH — 109.95' FND. 1/2' F DIRECTIONAL CONTROL TINE /S• IR 7 mirp�Amn Tsui This survey is hereby accepted and approved. Purchaser Purchaser Date THAT ONLY THE EASEMENTS SHOWN ON THE REFERENCED PLAT OF RECORD, VISIBLE EASEMENTS AND THOSE OF WHICH THE SURVEYOR HAS BIDV GIVEN WRITTEN NOTICE FROM 1RL.E COMPANY OF ARE SHOWN ON THIS PLAT. SURVEYOR CID NOT ASSMACT THIS PROPERTY. THIS SURVEY WAS PERFORMED] EXCLUSIVELY FOR THE TTTLE COMPANY AND PURCHASER SHOWN AND IS LICENSED qP,•' £' S T �y FOR ONE SINGLE USE THIS SURVEY WILL BE VOID IF USED BY ANY OTHER PERSON OR FOR G R•.,s ANY OTHER PURPOSE. SURVEYO BEARS NO RESPONSIBUTY FOR SAID USE:. rt:� Fp;zt I N E T <4APpF 0 PQ�- S U R V E Y I N G LTD. R ow . • U ... www, prolinesurveyors.com .._ Ph# 817 -27h -114$ InfoGprollnesurveyors,com DRAWN �: R ,,, E. 11 © Praline Surveying LTD, 2012 SURVEY ONLY VALID WITH ORIGINAL SIGNATURE SURVEY CAN BE UPOATEO FOR WSCOUNTEO PITME —£— OVERHEAD UTILITIES — ^X • --- FENCE SCALE: BRICK 1" = 30' ® Z WOOD DECK LU SURVEYORS CERTIFICATION CONCRETE LU I, WILLIAM H. MOSS, REGISTERED PROFESSIONAL LAND R, HERM C FY THAT THIS SURVEY WAS MADE ON THE GROUND UNDER MY SUPERWSION AND CORRECTLY SHOWS THE BOUNDARY LINE, AND DIMENSIONS OF THE LAND INDICATED THEREON, AND THAT SAID PROPERTY HAS ACCESS TO AND FROM A DEDICATED ROADWAY, SAID PROPERTY BEING SUBJECT TO ANY AND ALL EASEMENTS, RESERVATIONS AND RESTRICTIONS THAT MAY BE OF RECORD. AND 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 temporary construction easement located on the J_J_ Freshour Survey, Abstract No. 251 and recorded in Volume 0015616, Page 3, 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: Sammy R and Susan D Tork 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 temporary construction easement 20 -feet in width, being immediately adjacent to and parallel with the westerly legs of a permanent drainage easement on the J.J. Freshour Survey, Abstract No. 251. Recorded in Volume 0015616, Page 3 in Tarrant County. 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 5 2013. CITY OF SOUTHLAKE Mayor, John Terrell ATTEST: ALIUTA FAUHAKllSUN /Ull Y �iEUKEIAKY 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 2013. 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