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Item 4BItem 413 CITY OF SOUTH LAKE MEMORANDUM (September 2, 2014) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1098, 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. 1098, 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: Public Works is recommending 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 at approximately 800 Shady Oaks Dr. The unused permanent emergency access easement is 16' wide and extends east from the end of Brighton Drive in the Shady Oaks subdivision to Sherwood 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 2B were developed and platted. Terra/Shady Oaks, L.P. has completed construction and donated permanent streets within the development that allow for emergency access so the easement recommended to be abandoned is no longer needed. The unused permanent emergency access easement must be abandoned prior to the recordation of the plat for Phase 2D and 2E of the Shady Oaks subdivision. The plat for Phase 2E and 2D was approved January 9, 2014 and the developer is now ready to develop this 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 safety and security. 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. 1098 or deny it. Staff Recommendation: Staff recommends approval of Ordinance No. 1098, 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 Easement Documents Instrument No. D210295330 Ordinance No. 1098 Quitclaim Deed Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E., Deputy Director of Public Works/City Engineer Steven D. Anderson, P.E., CFM, Civil Engineer ffrica.' RECORD CITY OF SOUTHLAKE PERMANENT EMERGENCY ACCESS EASEMENT THE STATE OF TEXAS COUNTY OF TARRANT That I, TERRA/SHADY OAKS L.P., GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal 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 said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating EMERGENCY ACCESS facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to -wit: A 16 foot wide Permanent EMERGENCY ACCESS Easement containing approximately 0.067 acres, as more particularly described in Exhibit "A" and shown on Exhibit "B" attached 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 shall have the right to excavate and rill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent EMERGENCY ACCESS Easement herein granted to the GRANTEE shall run with the land and forever be a 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 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. bUMMS P-14 t Page i of 3 IN W TNESS WHEREOF, this dedication instrument is executed this ` day of f 2© r -N� BY: �J' G ANT L.", GRANTOR ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the UV auth rity in and for -Tarrant County, Texas, on this day �ersonally appeared nown to me or proved to me through R y4�1L`s L.is� (descri tion of identity card or other document) to be the same person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this 1 day of 20 ka . NOTARYSEAL N6n Public, State of Texas KIM HENNIGAN Notary's _r•':,�'�;A"£, ��f,r„ p„�,�;,, c,��e „f r ,,,r s Name (Printed) A901 12, 2011 Notary's Commission Expires 1J7lQffogO P. 2 4 � Page 2 of 3 CERTIFICATE OF ACCEPTANCE This into certify that the interest and real property conveyed by this dedication instrument the �-26 day of 20 10 , from IekR,4 DV Q,q X6 0(. to the CITY OF SOUTHLAKE, has been duly accepted subject to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. SEAL .isxaek�.ssr,fr�C r % a :ter A • L W-1 `�•. i ATTE T: City Secretary AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE C/o Public Works Department 1400 Main Street, Suite 320 Southlake, TX 76092 Phone: 817-748-8098 Fax: 817-748-8077 AFTER RECORDING, PLEASE RETURN ORIGINAL TO: C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone:817-748-8016 12ioZ45990 P. Page 3 of 3 Exhibit A LEGAL DESCRIPTION (Emergency Access Easement No.2) Whereas, TERRA/ SHADY OAKS, L.P., a Texas Limited Partnership, is the owner of a tract of land situated in the Thomas M. Hood Survey Abstract No. 706, in the City of Southlake, Tarrant County, Texas, being part of a 72.734.acre tract as described in County Clerks File No. D206217962 of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: Commencing, at the southwest comer of Shady Oaks Phase IA, as described in Cabinet A, Slide 12952, of the Plat Records of Tarrant County, Texas, being on a curve to the right, having a central angle of 13°4826" and a radius of 200.00'; Thence, with the south line of Shady Oaks Phase IA and curve to the right, for an arc length of 48.20 feet (S81-07-26"E - 48.08), to the point of tangency; Thence, S74013'13"E, continuing with said south line, for a distance of 11.95 feet, to the beginning of a curve to the left, having a central angle of 32°23'08" and a radius of 100.00'; Thence, continuing with said south line and curve to the left, for an are length of 56.52 feet (N89°35'13"E - 55, 77), to the point of tangency; Thence, N7323'40"E, continuing with the said south fine, for a distance of 62.21 feet, to the Point of Beginning; Thence, N73023'40"E, continuing with the said South line, for a distance of 0.68 feet, to an angle point and the beginning of a non -tangent curve to the left, having a central angle of 4030'35" and a radius of 204.57; Thence, continuing with said south line and curve to the left, for an are length of 16.10 feet (S75053'07"E-16.10'); Thence, S00*24'15"W, departing the south line of Shady Oaks Phase IA, for a distance of 140.09 feet, to the beginning of a curve to the right, having a central angle of 31 *TY35" and a radius of 45.00; Thence, with said curve to the right, for an are length of 24.79 feet (S16011'03"W - 24.47'), to the point of tangency; Thence, S31057'50"W, for a distance of 30.96 feet, to the proposed east line of Shady Oaks Phase 2A & 213; Thence, N04°37'16"W, with the proposed east line of Shady Oaks Phase 2A & 2B, for a distance of 28.69 feet, to the beginning of a non -tangent curve to the left, having a central angle of 47'24'07" and a radius of 29.00% Thence, departing said east line and with the curve to the left, for an arc length of 23.99 feet (N24°06'19"E - 23.31 `} to the point of tangency; Thence, N00°24'15"E, for a distance of 122.18 feet, to the beginning of a curve to the left, having a central angle of 01 03348" and a radius of 788.98'; Thence, with said curve to the left, for an arc length of 21.53 feet (N00"22'39"W - 21.53), to the Point Of Beginning, containing 2,925.77 square feet or 0.067 acres of land, more or less. Bearings are referenced to Shady Oaks Phase 1A. 1. �7aoz�aso p d �V EXHIBIT B D1t1 r oAK5 SFIER�OOD _ ------ — PO 55 — - — --_ g�de 2 POW OF _ Gab net PgTGT J POINT OF ' 'GIIVNING I Cl41 `I _ CZ BLOCK 5 2 Cie �T 9� F4 I K5 lAApY0' s 2� t 1 ; I ..... OF 4475��i BRIGHTON DRIVE a % 10 25 50 100 >t� l 2 S ( IN FEET ) 1 INCH = 50 FT Law T"M Lillis i.SAIM D1Rfl1 MS Lt 21.06 87401373"I L2 8$91 N73'2340T L3 0.68 N73'28'40"R L4 140.09 $100'2415 V L5 80.98 831'57'50" W [LB 38.89 N04�7I8 L7 19&18 N00'24'15'� CURVE TABZ$ CORM 1J'1VfGM R1uD= D 'A CHORD B1s�AWO CHOW Ct 48.20 200.00 IW48'28' S81'07'28$ 40.08 C2 W-52 100.OD 32'29'08" tA8 W'1309 M 77 C3 18.10 2"57 4.30 95' 875" 53 071B 16.10 C4 U79 45.00 M-M'35" $1Mt 03"11 OL47 C5 23.99 2a 00 47'24'07" N24'08't8'$ nam -- - Ce M-53 1 7M.98 t'J3 48 N00'22 39 21.53 SHAU OAKS PHASE 2A & ED Emergency Access Easement No. 2 Thomas M. Hood Survey No. 706 City of Southlake Tarrant County, Texas b2ro24533D p. 5 1G SUZANNE HENDERSON ,..»••� sn� i COUNTY CLERK" 100 West Weatherford Fort Worth, TX 76196-0401 %, • PHONE (817) 884-1195 SOUTHLAKE CITY SECRETARY CITY OF SOUTHLAKE 1400 MAIN STREET 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD, Filed For Registration: 1211/2010 10:42 AM Instrument #: D210295330 E 6 PGS $32.00 Im.►v- '- f D210295330 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: DBWARD Ordinance No. 1098 ORDINANCE NO. 1098 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. D210295330 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. D210295330, 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. D210295330. 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. 1098 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. 1098 PASSED AND APPROVED ON FIRST READING ON THIS 2nd DAY OF SEPTEMBER, 2014. MAYOR ATTEST: CITY SECRETARY PASSED AND APPROVED ON SECOND READING ON THIS 16th DAY OF SEPTEMBER , 2014. MAYOR ATTEST: CITY SECRETARY/ALICIA RICHARDSON EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY c3 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. D210295330, 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 0.067 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. D210295330 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 , 2014. CITY OF SOUTHLAKE Mayor, John Terrell ATTEST: Lori Payne, 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 , 2014. 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