Item 4DItem 41)
CITY OF
SOUTHLAKE
MEMORANDUM
(September 16, 2014)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 1102, 1st Reading, Adopt an ordinance to
abandon two unused permanent utility easements located in
the J.A. Freeman Survey, Abstract No. 529.
Action
Requested: Ordinance No. 1102, 1st Reading, Adopt an ordinance to abandon
two unused permanent utility easements located in the J.A.
Freeman Survey, Abstract No. 529.
Background
Information: SPC Kimball Oak, Ltd., the developer of the Kimball Oaks retail
center has requested the abandonment of two existing permanent
utility easements that will no longer be necessary. The permanent
utility easements to be abandoned are on property described as Lot
1, Block 1 and Lot 2, Block 1, Kimball Oaks, City of Southlake,
Tarrant County, Texas and located at 2221 E. Southlake Blvd. The
existing unused permanent utility easements are 10 feet wide and
extend from E. Southlake Blvd. south approximately 515 feet and
then east approximately 164 feet to Kimball Avenue. The
permanent utility easements were granted to the City in 2002 to
provide utility service to the Christ Our King Church that previously
occupied this site. The Kimball Oaks development is currently
under construction and the utilities have been removed from these
easements. These existing permanent utility easements must be
abandoned prior to the recordation of the plat for the Kimball Oaks
addition.
Financial
Considerations: The filing fees for recording the Quit Claim Deed in Tarrant County
records will be the only costs associated with the abandonment of
the easements.
Strategic Link: The easement abandonment link's to the City's strategy map
relative to quality development.
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. 1102 or deny it.
Staff
Recommendation: Staff recommends approval of Ordinance No. 1102, 1st Reading,
Adopt an ordinance to abandon two unused permanent utility
easements located in the J.A. Freeman Survey, Abstract No. 529.
Supporting
Documents: Location Map
Easement Document Instrument No. D202209405
Easement Document Instrument No. D202216229
Ordinance No. 1102
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
OSN-619,13 */),,"'
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CITY OF SOUTHLAKE;
UTILITY EASEMENT
THE STATE OF TEXAS §
COUNTY OF TARRANT §
That 11- _ __ , 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 utilities
in, into, upon, over, across, under and through all that land in Tarrant County, Texas
described as follows, to -wit:
A 10 foot wide Permanent Utility Easement containing approximately
0.118 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' 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, with the exception
that access drives may cross the utility easement. It is further agreed that GRANTEE
shall have the right to excavate and fill 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 Utility Easement herein granted to the
GRANTEE shall run with the land and forever be a right in and to the land belonging to
GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly
excepted from any right of reversion of said premises under any prior deeds in
GRANTORSs chain of title_ The Permanent Utility 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.
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*ACS/TRC* TARRANT Doc: 000209405 Date: 07/31/2002 Vol: 0015855 Page: 00105 Page: 1 0€ 6
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*ACS/TRC* TARRANT Doc: 000209405 Date: 07/31/2002 Vol: 0015855 Page: 00105 Page: 2 Of 6
ACKNOWLEDGEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
BEFORE ME, th dersigned authority in and for said County, Texas, on this
day personally appears ,known to me to be
the person whose name is subscribed to the foregoing instrument, and acknowledged
Q to me that the same was executed for the purposes and consideration therein
expressed, and in the capacity therein stated_
r3 EN UND ANQ ANQ L OF filCE, this the day of
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The State f p�-Xp- yrca�� Na.a.
My Commission Expires:
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Typed or Printed Name of Notary
*ACS/TRC*.TARRANT Doc: 000209405 Date: 07/31/2002 Vol: 0015955 Page: 00105 Page: 3 of 6
EMBIT A
2001-U-42ff-T
Underground Utility Easement No, 9UE
FIELD NOTES for ail underground utility easement out of the
J•A. Freeman Survey, Abstract No. 529, Tarrant County,
Texas, and being a part of that same tract of land conveyed
to Dan Matise as recorded in Volume 75o9, Page 419, Deed
Records of Tarrant County, Texas, and more particularly
described as follows:
BEGINNING at a 1/2" iron found in the east line of said
Matise tract and in the proposed south right-of-way line of
F.M. Highway No. 1709 which bears S. 0* 00' 38" W. a
distance of 2.01 feet from a 1/2" iron rod found in the
existing south right-of-way line of said F.M. Highway No.
1709 and at the northeast corner of said Matise tract for
the northeast corner of said easement.
THENCE S. On 00' 381' W., along said west line, a distance of
483.70 feAt to a 5/e" iron rod found for an angle corner of
said easement.
THENCR S. 00 05' 27" E. a distance of 30.00 feet to the
southeast corner of said easement.
THENCE N. 890 55' 02" W. a distance of 10.05 feet to the
southwest corner of said easement.
THENCE N. 00 00' 4B" E. a distance of 514.44 feet to the
north line of said proposed right-of-way and in a curve for
the northwest corner of said easement.
THENCE along said proposed right-of-way line and said curve
with a radius equal to 1842.86 feet, a long chord bearing of
S. a50 411 59E. and a long chord distance of 10.03 feet, a
curve distance of 10.03 feet to the place of BEGINNING and
containing 5,141.57 square Peet (0.118 acres) of land.
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS,
that I, V.
COUNTY OF COLLINGSWORTH Registeredmes ProfessionalnLand
that
veyor
I did cause to be surveyed onrthe ground the abovetify described
tract of land, and to the bent of my knowledge and belief,
the said description is true and correct.
IN WITNESS THEREOF, my hand and seal, this the 2nd day of
May, A.D — 2001_
g3ig _,gAjy f Land 8urveypr4315
OJD EhG-TWERING, INC. * WELLINGTON, TEXAS * (806) 447-2503
•ACS/TRC* TARRANT Doc: 000209405 Date: 07/31/2002 Vol: 00IS855 Page: 00105 Page: 4 of 6
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•ACS/TRC• TARPANT Doc: 000209405 Date: 07/31/2002 Vol: 0015955 Page: 00109 Page: 5 of 6
ID202209405
METROPLEX TITLE INC
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1723 E SOUTHLAKE BLVD 100
SOUTHLAKE TX 76092
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RECEIPT NO REGISTER RE:CD-BY
PRINTED
DATE TIME
202366533 DR93 TB
07/31/2002 09:33
INSTRUMENT FEECD INDEXED TIME
1 D202209405 WD 20020731 09:33 CG
T O T A L DOCUMENTS: 01 F E E S: 17.00
B Y:
1
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY 13ECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
*ACS/TRC* TARRANT Doc: 000209405 Date: 07/31/2002 Vol.: 0015855 Page: 00105 Page: 6 Of 6
jpf_0192
CITY OF SOUTHIAKE
UTILITY EASEMENT i h ��\� �A kt4l,45
nrI ..t I.V� iJt51
LTI'l�Y Y
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THE STATE OF TEXAS
TER)
:L COUNTY OF TARRANT § iC - ^ { .------ -
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That I.*-, GRANTOR herein, for and in consideration of the sum of
f 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
0 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 utilities
in, Into, upon, over, across, under and through all that land in Tarrant County, .Texas:
described as follows, to -wit:
A 10 foot wide Permanent Utility Easement containing approximately _
0.046 acres, as more particularly described in Exhibit "A" and shown o
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, with the exception
that access drives may cross the utility easement- It is further agreed that GRANTEE
shall have the right to excavate and fill 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 Utility Easement herein granted to the
GRANTEE shall run with the land and forever be a right in and to the land belonging to
GRANTOR, and GRANTOR'S 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 Utility 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.
ZU1rr~. `�A
+ACS/TRC+ TARRLNT Doc: 000216229 Date: OB/06/2002 Vol: 0015871 Page: 00179 Page: 1 Of 6
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*ACS/TRC* TARRANT Doc: 000216229 Date: 08/06/2002 Vol: 0025871 Page: 00179 Page: 2 OE 6
ACKNOWLEDGEMENT
STATE OF TEXAS. §
ft §
�1 COUNTY OF TARRANT §
•7
• BEFORE ME, the u ersigned authority in and for said County, Texas, on this
day personally appear _- , known to me to be
F� the person whose name is subscribed to the foregoing instrument, and acknowledged
to me that the same was executed for the purposes and consideration therein
expressed and in the capacity therein stated.
GIVEN E MY HAND AND EA OF OFFICE, this the 4day of
low wwww+.ww
Notary u is in d f
The State of Te s rVEMM".06-M
1Q0 I
My Commission Expires:
Typed or Printed Name of Notary
3
*ACS/TRC* TARRANT Doc: 000216229 Date: 08/06/2002 Vol: 0015871 Page: 00179 Page: 3 Of 6
EXHIBIT A
toot-S-•01
Underground Utility Easement No. 6UE
FIELD NOTES for an underground utility easement out of the
J.A. Freeman Survey, Abstract No. 529, Tarrant County,
Texas, and being a part of that tract of land described in
Volume 2989, Page 285, Deed Records of Tarrant County,
Texas.
BEGINNING in the west line of said tract which bears
S. 09 05' 27n E. a distance of 20.00 feet from a 5/8" iron
rod found at the northwest corner of said tract for the
northwest corner of said easement.
THENCE S. 89- 55- 02" E, a distance of 201.21 feet to the
proposed west right-of-way line of S. Kimball Road for the
northeast corner of said easement.
THENCE S. 3* 33' 24" W., along said right-of-way, a distance
of 10.02 feet to the southeast corner of said easement.
THENCE N. 890 55' 02" W. a distance of 200.57 feet to said
west line of said tract for the southwest corner of said
easement.
THENCE N. 00 05' 27" W., along said west line, a distance of
10.00 feet to the place of BEGINNING and containing
2,008.904 square feet (0.046 acres) of land.
* * * * * * * * * * * * * * *
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS,
that I, James V. Johnson,
COUNTY OF COLLINGSWORTH ; Registered Professional Land
Surveyor, do hereby certify that
I did cause to be surveyed on the ground the above described
tract of land, and to the best of my knowledge and belief,
the said description is true and correct.
IN WITNESS THEREOF, my hand and seal, this the 2nd day of
May, A.D_:.,_2O01.
1 , 7 Land SurpeV6r #4315
OJD ENG3'lIgERING, INC. * WELLM"TON, TEXAS * (806) 447-2503
•ACS/TRC* TARRANT Doc: 000216229 Date: 08/06/2002 Vol: 0015871 Page: 00179 Page: 4 Of 6
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METROPLEX TITLE
1123 E SOUTHLAKE HLVD# 100
SOUTHLAKE TX 76092
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—W R N I N G—THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
I N D E X E D -- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: METROPLEX TITLE INC
RECEIPT NO REGISTER RECD--BY PRINTED DATE TIME
20237494E DR96 N C 08/06/2002 09:25
INSTRUMENT FEECD INDEXED TIME
1 D202216229 WD 20020806 09:25 CG
A T O T A L: DOCUMENTS: 01 F E E S: 17.00
B Y:
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.
*ACS/TRC* TARRANT Doc: 000216229 Date: 08/06/2002 Vol: 0015871 Page: 00179 Page: 6 Of 6
Ordinance No. 1102
ORDINANCE NO. 1102
AN ORDINANCE VACATING AND ABANDONING TWO
PERMANENT UTILITY EASEMENTS LOCATED ON THE
J.A. FREEMAN SURVEY, ABSTRACT NO. 529 AND
RECORDED AS INSTRUMENT NO. D202209405 AND
D202216229 IN TARRANT COUNTY; DECLARING THAT
SUCH EASEMENTS ARE 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. D202209405 and D202216229, 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 J.A. Freeman Survey,
Abstract No. 529, in the City of Southlake, more specifically described in the county
records as Instrument No. D202209405 and D202216229. 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: SPC KIMBALL OAKS, LTD.
1
Ordinance No. 1102
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. 1102
PASSED AND APPROVED ON FIRST READING ON THIS 16TH DAY OF
SEPTEMBER, 2014.
MAYOR
ATTEST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS 7TH DAY OF
OCTOBER , 2014.
MAYOR
ATTEST:
CITY SECRETARY
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 J.A. Freeman Survey, Abstract No. 529 and recorded as Instrument No.
D202209405, 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: SPC Kimball Oaks, Ltd. 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 10 foot wide Permanent Utility Easement containing approximately 0.118 acres as
more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and
incorporated herein on the J.A. Freeman Survey, Abstract No. 529. Recorded as
Instrument No. D202209405 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
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 J.A. Freeman Survey, Abstract No. 529 and recorded as Instrument No.
D202216229, 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: SPC Kimball Oaks, Ltd. 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 10 foot wide Permanent Utility Easement containing approximately 0.046 acres as
more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and
incorporated herein on the J.A. Freeman Survey, Abstract No. 529. Recorded as
Instrument No. D202216229 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