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
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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: