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Item 6HCITY OF SOUTH LAKE MEMORANDUM (January 30, 2013) To: Shana Yelverton, City Manager From: Ken Baker, Director of Planning and Development Services Subject: Ordinance No. 1059, 2nd 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, 2nd 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, 2nd 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 ti e i- � 4W E i U) co _ (ill L U) �. W M 0 Ordinance No. 1059 ORDINANCE NO.1059 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.. 1 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 15th DAY OF JANUARY, 2013. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS DAY OF , 2013. ATTEST: CITY SECRETARY/ALICIA RICHARDSON EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 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 , 2013. CITY OF SOUTHLAKE Mayor, John Terrell ATTEST: ALICIA RICHARDSON/CITY SECRETARY 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 LEGAL DESCRFWN (EmargencyACOMEasement No.11) T1kRW!$HWOAKS L.P., a Tom Lballed Parbw*p. is the owner of tract of WWsbdod Mores 'T gi!�- * SurveyZT6atlb. 706, In the City of SdOlolm, Tarrant County, Texas, being part IntheT If a 72.ilm4a'ab t*Mrsan'dembed ft County Cleft Re No. D20MM700 of the Deed Records of Torrent County. Texas, *1Wb"`,pb"k'kf Shady Oaks Phase K, as described In CaNnal A, Slide 12952, of the Plat Records of Tanard Courft-Tepsaid bft more patticularly described as 1011M BEGINNING, In repel el''oi'Shody Oaks Drive (Variable R.O.W.), and In the east line, of said 72.734 acre track bft M015W"E`4-168:8*'*m the soulfteed comer of Shady Oaks Phase 1A, as described In Cabinet A, Slide 1295Z of the Plafftedorde-afT&Wd County, Tom Thence. SW15`33-E. 72.734 acre tract and the center of Shady Gooks Oft for a Them, MM-A-W, a distance of 65720 feet. to the beginning of a awe to the 1e11- having a control angle of i,".' of 29.W; Thence, vah said curve to the left, rtafe.16rdod #43.55 fast, (Mad Sears S469192VW - 39.5", to the point of tangency; Aim% Thence. NVIOMW m for a dislee of I"' the beginning of a cum to the s1gK W*r@ a central angle. of UO3OW, and a radius of45.W. Thence, %ft said am& to the Night, for an afd1anO'-of fW.fQ feet. (Chord Beam 849°3r40W - 02M), to the pointottenosaw. Thence, NNINVOWfora distance of 14Mfeet, t*1h9'bast-fffi4oi)"W*posed Shady Oslo Phase 2A&i$; Thence, N0306T06"E, wNh said 9W line. for a dIOnc#-*f)f.6Of4k Thence, MVMS, deparling 90 east Kne, for a distance df 144 fast, to the beginning of a curve to In 10, to" 0 CM*W 8"18,of 88-W31r, and a radlus of 20,W, 1 Thence, with sold cum to the left for. an am length of 4427 foot, OvwqoO Nawwis - 40.m, to the point of tangency, Thence, N0V11821 "E, for a didence oF1$3AOfeat; t*thibe 6ght haft a central angle of W011W, and a radius of 46.W; Thence, WW said curve to the right, for an arc length of 67.57 fb4 (Chord point of tangency; Thence, NW25"MM, far a dMance of 65720 feet; to the PaW Of Beginning, orO.358acres of land, less. Beatings referenced to Shady Oaks Phase 1A c -61A0),tD#w It.85 square bel: