Item 4LCITY OF
SOUTHLAKE qt
MEMORANDUM
(January 9, 2013)
To: Shana Yelverton, City Manager
From: Ken Baker, Director of Planning and Development Services
Subject: Ordinance No. 1059, 1st Reading, Adopt an ordinance to
abandon an unused permanent emergency access easement
located in the Thomas M. Hood Survey, Abstract No. 706
Action
Requested:
Ordinance No. 1059, 1st Reading, Adopt an ordinance to abandon
an unused permanent emergency access easement located in the
Thomas M. Hood Survey, Abstract No. 706.
Background
Information:
Planning and Development Services is requesting that the City
abandon an unused permanent emergency access easement. The
permanent emergency access easement to be abandoned is on
property described as Tract 11 D01, Thomas M. Hood Survey,
Abstract No. 706, City of Southlake, Tarrant County, Texas and
located 800 Shady Oaks Dr. The unused permanent emergency
access easement is 16' wide and extends east from the end of
Helmsley Place in the Shady Oaks subdivision to Shady Oaks
Drive. The permanent emergency access easement was granted to
the City in 2010 to provide two emergency points of access to the
Shady Oaks subdivision once Phases 2A and 213 were developed
and platted. Terra /Shady Oaks, L.P. has granted a new permanent
emergency access easement extending from Lexington Terrace to
N. Peytonville Ave., so the easement requested to be abandoned is
no longer needed. The unused permanent emergency access
easement must be abandoned prior to recording the plat for Phase
2F of the Shady Oaks subdivision. The plat for Phase 2F was
approved March 22, 2012 and the developer is now ready to
develop that phase.
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 is under review by the City Attorney's office.
Alternatives: The City Council may approve Ordinance No. 1059 or deny it.
Staff
Recommendation: Given that a replacement easement has been granted, the
permanent emergency access easement is no longer needed, Staff
recommends approval of Ordinance No. 1059, 1st Reading, Adopt
an ordinance to abandon an unused permanent emergency access
easement located in the Thomas M. Hood Survey, Abstract No.
706.
Supporting
Documents: Location Map
Ordinance No. 1059
Easement Documents Instrument No. D210295331
Quitclaim Deed
Staff
Contact: Ken Baker, Director of Planning and Development Services
Ordinance No. 1059
'f 'I MOM
AN ORDINANCE VACATING AND ABANDONING A
PERMANENT EMERGENCY ACCESS EASEMENT
LOCATED ON THE THOMAS M. HOOD SURVEY,
ABSTRACT NO. 706 AND RECORDED AS INSTRUMENT
NO. D210295331 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 as Instrument No. D210295331, 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 permanent emergency access easement located on the Thomas M. Hood
Survey, Abstract No. 706, in the City of Southlake, more specifically described in the
county records as Instrument No. D210295331. 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: Terra/Shady Oaks, L.P..
Ordinance No. 1059
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. 1059
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
, 2413.
MAYOR
ATTEST:
CITY SECRETARY /ALICIA RICHARDSON
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
3
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Page 1 of 6
CITY OF SOUTHLAKE
PERMANENT EMERGENCY ACCESS EASEMENT
THE -STATE OF TEXAS §
COUNTY.-OF' TARRANT §
'hat : I, ,. OAKS L.P., GRANTOR herein, for and in
consideratiafi of the sum of Ten ($10.00) Dollars and other good and valuable
consiide atio0 " baild paid by the CITY OF SOUTHLAKE, home rule
municipal corporatioA -qf the County of Tarrant, State of Texas, GRANTEE
herein, the" receipt l sufficiency of which is hereby acknowledged and
confessed da= lieref y- ..grant, sell and convey unto the said GRANTEE a
permanent aid lierpetu #1 easement for the purpose of installing, repairing,
maintaining, altering'; - . ..=repla relocating, rebuilding, removing, and
operating EMEI iG NlC- '. ACCESS facilities in, into, upon, over, across,
under and through - 'all-. :ihnt� in Tarrant County Texas described as
follows, to -wit:
A 16 foot wide -Permanent _�.A+�ERGENCY ACCESS Easement
containing approximately 0.56 acres, as more particularly described
in Exhibit "A" and shown.- on..- Vxbibit `B" attached hereto and
incorporated herein.
together with the right of ingress and egr�ess_ag,neeessary 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 constrti4ed`in, into, upon, over,
across or under any easements granted herein' app ipm-p ovary or permanent
structures, and it is further agreed that GRANTEE' - shall" have the right to
excavate and fill upon said permanent easement 'and,. to r ove from said
permanent casement, any fences, buildings or other 6t strgctioiis as may now
be found upon said permanent easement.
It is further intended that the Permanent EMERGENCY ACCasement
herein granted to the GRANTEE shall run with the land an E d., farever 'be a
right in and to the land belonging to GRANTOR, and 'GRAli1Tf1R.'-S
successors and assigns, and said grant is expressly excepted from anyrigbt of
reversion of said premises under any prior deeds in GRANTOR 's.- of
title. The Permanent EMERGENCY ACCESS 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.
Page 1 of 3
Page 2 of 6
Il W ITNfSS WHEREOF, this dedication instrument is executed this day of
.4
ACKNOWLEDGEMENT
.. ... ...... ..
THE STATE OF TEXXS
COUNTY OF TARRANT
BEFORE ME, the ersigned aut4orjty" in..afij.fQr Tarrant County, Texas, on this day
personally appeared known to me or proved to me through
ay de s.
e " ' V crt -on--cif- identity card or other document) to be the
same person whose name is subscribed to the lqorig6 instrument and acknowledged to me
that he/she executed the same for the purposes.,qiRd..c6nSid6ration therein expressed and in the
capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE-,•this.-)Aay ok�
20
NO'T'ARY SEAL
KIM HENNIGAN
4?*C Notary Public, Stale of Texas
My Commission Expires
, i , AP0 13, 2011
Public, Staie'of TqxAi'
ta
Notary's Name (Printed)
Notary's Commission Expires"
Page 2 of 3
Page 3 of 6
.�
CERTIFICATE OF ACCEPTANCE
This i s- t'o certify that the interest and real property conveyed by this dedication instrument the
4y 20_W , from -9WA
d IV Or has been duly accepted subject to all terms and conditions contained
v y...Pouncil has consented to recordation of such dedication instrument by its
Mayor CITY 09 SOUFIfLAK,
rj
AT�L�
e City Secretary
-ANTOR, PLEASE RETURN
ORIGINAL TO:
`
' , L406. M�in S'6et, Suite 320
AFTER RD�Qkhl�Q; "PLEASE
CITY OF SOUTHLA.KV
'
C/o City Secretary
1400 Main Street, Suite 270
Southlake, TX 76092
Phone. 817-748-8016
Page 3 of 3
Page 4 of 6
Exhibit A
LEGAL DESCRIPTION
(Emergency Access Easement No. 1)
Whereas, TERRA/ SHADY OAKS, L.P., a Texas Limited Partnership, is the owner of a tract of land situated
in the Thbm6i M I Moo ' d Abstract No. 706, in the City of Southlake, Tarrant County, Texas, being part
of a 72.7-34 acrb t ract, as described in County Clerks File No. D206217962 of the Deed Records of Tarrant County,
Texas, al�W.bei6q,part-Ot Shady Oaks Phase 1A, as described in Cabinet A, Slide 12952, of the Plat Records of
Tarrant County,. Texas and being more particularly described as follows;
BEGINNING, in #ie pefftf"o"T Shady Oaks Drive (Variable R.O.W.), and in the east line of said 72.734 acre tact,
being S00 5'33t'a,t-46&8Q' fiam the southeast comer of Shady Oaks Phase K as described in Cabinet A,
Slide 12952, of the Plat'.Re6 ord.s ofUrrant County, Texas
Thence, S00'1 5"33"E, Y*h-the.east- fine" 4the 72.734 acre tract and the center of Shady Oaks Drive, for a
distance of 16.00 feet,
Thence, 88 departling said I.Ind] for a distance of 687.20 feet to the beginning of a curve to the left,
having a centra I angle of 86 1'59%a6d a radius of 29.00';
Thence, with said curve to the left f6r 9'A.ar'cje"'qj 43.55 feet, (Chord Bears S48*1 9'20"W - 39.57), to the
point of tangency;
Thence, S05*1 8"2 1"W, for a distance of 1,53... 40 f#A to the beginning of a curve to the right, having a central
angle of 88 and a radius of 45.00';
Thence, with said curve to the right, for an art lenoth bf,69.62 feet, (Chord Bears S49*37'40V - 62.887, to the
point of tangency;
Thence, N86*03'00"W, for a distance of 14.38 feet, to th 0. 6eSt'lifi6 of Shady Oaks Phase 2A & 28;
Thence, NO3 "E, with said east line, for a distance'-pf 176.'00 feet;
Thence, S86*03'00"E, departing said east line, for a distance of 1438 foo-4, to the beginning of a curve to the left,
having a central angle of 8838'39", and a radius of 29.00';
Thence, with said curve to the left, for an arc length of 44.87 feet (Phord E3eal N49 - 40.52), to the
point of tangency; f
Thence, N05 °18'21 "E, for a distance of 153.40 feet, to the beginning of aturve to #w right, having a central
angle of 86*01'59", and a radius of 45.00';
Thence, with said curve to the right, for an arc length of 67.57 feet, (Chord 8�afi ' N49 - 61.407, to the
point of tangency;
Thence, N89*25'38"E, for a distance of 687.29
or 0.356 acres of land, more or less.
Bearings referenced to Shady Oaks Phase 1A,
feet; to the Point Of Beginning, co square feet
e
Page 5 of 6
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Page 6 of 6
SUZANNE HENDERSON
COUNTY CLERK I
100 West Weatherford Fort Worth, TX 76196 -0401
PHONE (817) $84 -1195
SO(jT -HLAKE CITY SECRETARY
CITY QF.SQUTHLAKE
1404 MAFN'ST EET 270
SOUTHLAK,, TX 76:092
Submitter: CITY OF S UTALA.KE.
+. .........
_a iy01 D ESTROY
rrrwr%lvllvv - 1 "1 0-1 #%A r- +r��r �. r roc VTV 1V1P7L ,n
Filed For Registration: 12111261. T0:42 AM
Instrument #: D210295331
E t om. '-.6 '' PGS $32.00
By:
_ f
D210295331
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCkIBf6,df5AL °PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER F. Et;}ERAL-L. W.
Prepared by: DBWARD `'
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 permanent emergency access
easement located on the Thomas M. Hood Survey, Abstract No. 706 and recorded as Instrument
No. D210295331, 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:
Terra/Shady Oaks, L.P. 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 16 foot wide Permanent Emergency Access Easement containing approximately 0.356
acres as more particularly described in Exhibit "A" and shown on Exhibit `B" attached
hereto and incorporated herein on the Thomas M. Hood Survey, Abstract No. 706.
Recorded as Instrument No. D210295331 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
P.
Mayor, John Terrell
ATTEST:
ALIUTA f IUHAKUSUN /UI Y NIJC;ICET RY
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
.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
Exhibit A
LEGAL DESCRIPTION
(Erneirgency Access Easement No.1)
Whereas, TkRW SHADY OAKS, LP., a Texas Umfted Partners*, Is the owner of a tract of landsWatscl
in the Tlf)mOi M,,fqood Abstract No. 706, In the City of SobfMake, Tarrant County, Texas, being part
7,3
of a 72.4 =6 traef described In County Clarks File No. D208217962 of the Deed Records of Tarrant County,
Texas, slW.beifs ,par(Of Shady Oaks Phase M, as described in Cabinet A, Slide 12952. of the Plat Records of
Tarrant Gouniy; Tam-and being more particularty described as follow
BEGINNING, in ti pet f btShady Oaks Drive (Variable R.O.W.), and In the east line of said 72.734 acre tract,
being 500 1t$3.81' from the southeast comer of She* Oaks Phase Lk as described In Cabinet A.
Slide 1295 of the P Os - otTir(ant County, Texas
Thence, SW'1613E. wNhAhe.ead." Otte 72.734 acre tract and the center of Shady Oaks Drive, for a
Thence. S89 d "Mitino s alt , for a distance 687,20 feet to the beginrdrig of a curve to the left,
' ' We 0
having a central angle of 86 a6d li'Mius of 29.00';
7 ,
Thence, with said curve to the lot (pr *),aib-1&Vl0 off! 43-55 UK (Chord Beam S48 - 39.67), to the
point of tangency,
Thence. W5482i"W, for a distance of j53 0f th the beginning of a curve to the right, having a central
angle of 88O38'39 and a radius of 45.00%
Thence, with said ourve to the right for an ardlaroh of,K'6 feet, (Chord Beers S49'37'40'W - 62.881, to the
Point 0ftangency; ry
Thence, N86*03'00"W, for a distance of 14.38 feet, to thwi�slfiio of Proposed Shady Oaks Phase 2A & 28;
Thence, NOWSTOTE, with saki east line, for a distance-ol"16.00,1108
Thence, S86 '03'00*E, dapaFft " set fine, for a distance dt 14.30 MK to the beginning of a curve to the left,
having a central angle of 88"38'39 ", and a radius of 29.00;
Thence, with said curve to the left, for, an arc length of 44.87 feet (qhmtE)am N49*3P40'E - 40.52), to the
POW of tarwricf,
Thence. N05 821'E, for a distance of 153.40 feet to the beginning of fight, having a central
angle of 86'01'59", and a radius of 45.00';
Thence, with said curve to the right, for an arc length of 67.57 feet, (Chord (a Mtr%20 - 81 AO), to the
point of tangency;
Thence, N891538"E, for a distance of 68729 feet to the Point Of Beginrift 004"M15;491.06 square fed
or 0,350 acres of land, more or less.
Baadngs relbrenced to Shady Oaks Phasa 1A.
G
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