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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 r� 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 1 .. i t u or7!PPV I 'ON OS! L7 Z NQ S'N O 1I Q M _ 1 � Q � ; s CV D Z f II j L-9 _ y W 2 +1 O m W�� a 0 m 'b o v 0wU w id w 4 i o 1 1 % CIA 1 t •, g � m Q 4 � m Q -- !' O y tip-- 't ---'a _.._. - "-q- W u I L Ica = S i QL E f II j L-9 _ y W 2 +1 O m W�� a 0 m 'b o v 0wU w id w 4 i o 1 1 % n •, g � m Q 4 � m Q S S S O r f II j L-9 _ y W 2 +1 O m W�� a 0 m 'b o v 0wU w id w 4 i '• •, pq m im 1 r R f II j L-9 _ y W 2 +1 O m W�� a 0 m 'b o v 0wU w id w 4 i o � n R o � n 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 Y I K'I!PPV I "PN C -- -- ----------- - - - - -- lSl pt A, v � ° 9 r r J I t a it f ' n N Al 97 -4 ' s ; z 0 9 U G tW NNE m A I. 97 -4 ' s ; z 0 9 U G tW NNE m