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Item 6C
Item 6C CITY OF SOUTH LAKE MEMORANDUM (October 7, 2014) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1102, 2nd 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, 2nd 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. This item was approved at 1st reading on the September 16, 2014 agenda. 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 has been reviewed 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, 2nd 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 1� CITY OF SOUTHLAKE; •::. UTILITY EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § That 1,- , 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 GRANTORS 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. *ACS/TRC* TARRANT Doc: 000209405 Date: 07/31/2002 Vol: 0015855 Page: 00105 Page: 1 Of 6 I � ITNESSR W 5EOF his instrument is executed this day of ft f? Qy .t�f[�� /N.. Car/., *Cr.l.rL�f/..� ' !a fr /11 r ' • GRANTOR ,i V �c �R H� , , e,4 j f K: *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 appeare , Known to me to be 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. EN UNq AND AND Ofi fiICE, this the day of sANM atone ic in an or +rorryP�e�soa�dr«re The State f T�-Xp- yrcawE,�pwsi+or.a. ¢ My Commission Expires. Typed or Name of .. 1 7 � 3 *ACS/TRC* TARRANT Doc: 000209405 Date: 07/31/2002 Vol: 0015855 Page: 00105 Page: 3 of 6 EXHIBIT A 2001-U-02$-T Underground Utility Easement No. 9UE FIELD NOTES for an underground utility easement out of the J.A. Freeman Survey, Abstract No. 529, Tarrant County, Texas, and bein a €� g part of that same tract of land conveyed to Dan Matise as recorded in Volume 7509, Page 419, Deed Records of Tarrant County, Texas, and more particularly (� described as follows: (J 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. 00 00' 38" W. a Li distance of 2.01 feet from a 1/2" iron rod found in the ( existing south right-of-way lime 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 feet to a 5/8" iron rod found for an angle corner of said easement. THENCE S. 00 05' 27" E. a distance of 30.00 feet to the southeast corner of said easement. THENCE N. 89* 55' 02" W. a distance of 10.05 feet to the E southwest corner of said easement. THENCE N. 0* 00' 48" 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. 850 411 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. * * 4 * * * * * * * * * * * STATE OF TEXAS KN(YK ALL MEN BY THESE PRESENTS, COUNTY OF COLLINGSWORTH Registeredmes ProfessionalnLand that I did cause to be surveyed on the ground the abovetify 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 — 2001. V. 4315 OJD EriG�ERING, INC. * WELLINGTON, TEXAS * (806) 447-2503 *ACS/TRC* TARRANT Doc: 0002D9405 Date: 07/31/2002 Vol: 0015855 Page: 00105 Page: 4 of 6 R A 0' CO' 40" C. - 514.44' S { 5. 0' 00' 0 1 38" W. - 483.70' �N I E fl KX H I au @ ? f ED A I I x X n f a Q 7 rp Parcef 7 1 N S. KIMSAf.L R0. o zg:-� I � C O _k °z � f oo xw � i msi* rM �D 4CL W m O N �gv N 'N rr- . Nrq BCD • °qg °� a =ems 2zIm re� o 4 a �Sx Ari �Dr 4y w H nxi no i 310 3 bN, .. � Xr2 poc C l a x eit 4} g A L A Y >• 4 r tA -�. n� t]C� a22 pQ 4q� ■ o oX� ® Np ,RAii Fi �P= g3kT � i X 9 •ACS/TRC• TARRANT Doc: 000209405 Date: 07/31/2002 Vol: 0015855 Page: 00105 Page: 5 of 6 f w7 i § D2022094Q5 METROPLEX TITLE IN*"C C3 1723 E SOUTHLAKE BLVD 100 SOUTHLAKE TX 76092 --W_{A R N I N G-THIS IS PART OF THE OFFICIAL RECORD---D 0 N O T D E S T R O Y 3 I N D E X E© ---- 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❑ 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 FIFCID-BY PRINTED DATE TIME 202366533 DR93 TB 07/31/2002 09:33 INSTRUMENT F'EECD 1 D202209405 WD T O T A L: DOCUMENTS: 01 H Y: INDEXED TIME 20020731 09:33 CG F E E S: 17.D0 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: 000209405 Date: 07/31/2002 Vol: 0015855 Page: 00105 Page: 6 Of 6 tl CITY OF SOUTHLAKE UTILITY EASEMENT lta YHC yy rr�� r,Y IS UCSC �� Rt-1RN l 'r THE STATE OF TEXAS :L COUNTY OF TARRANY- CL .7 That I,�_ , GRANTOR herein, for and in consideration of the sum of r 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 6 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. c' 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 utliity 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 ruri 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. Zug. Ain. yak +AC3/TBC+ TABAANT Doc: 000226229 Date: OB/06/2002 Vol: 0015871 Page: 00179 Page: 1 0£ 6 t } :4 IN YVITNESS VJHEREOF. this instrument is executed this day of ��j %% 1 VVy �I Ss L�C9t'h L{,. e r % 11A r •� rU -rf 6"v' 7 �. C7 Cor rrfi�pH ,.��[ Prate . i N *ACS/TRC* TARRANT Doc: 000216229 Date: 08/06/2002 Vol: 0015871 Page: 00179 Page: 2 of 6 ACKNOWLEDGEMENT STATE OF TEXAS. § ft § � 1 COUNTY OF TARRANT § .7 •1 BEFORE ME, th u ersigned authority in and for said County, Texas, on this € day personally appear _ , known to me to be Fl the person whose name is subscribed to the foregoing instrument, and acknowledged -7 to me that the same was executed for the purposes and consideration therein 4� expressed and in the capacity therein stated. GIVEN E MY HAND AND -SEAL OF OFFICE, this the day of Notary u 'c in d f' The State of in s yca� My Commission Expires: i 3 Typed or Printed Name of Notary *ACS/TRC* TARRANT Doc: 000216229 Date: 08/06/2002 Vol: 0015871 Page: 00179 Page: 3 Of 6 EXHIBIT A 20Q1-S-01W :i. .y :l :L .7 0 Underground Utility Easement No. GUE 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 29B9, Page 285, Deed Records of Tarrant county, Texas. BEGINNING in the west line of said tract which bears S. 09 05' 27" E. a distance of 20.00 feet from a 5/e" iron rod found at the northwest corner of said tract for the northwest corner of said easement. THENCE S. 899 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. 39 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. 09 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, COMM 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 ,2001. r Y.JgMIiSaI Reg ter7,0;:ssi 431 r--a Lan Su er #4315 OJD ENGTIMERING, INC. * WELLrNGPON, TEXAS ft (806) 447-2503 *ACS/TRC* TARRANT Doc: 000216229 Date: 08/06/2002 Vol: 0015871 Page: 00179 Page: 4 Of 6 :L a cl g 4 q ►k / _4�f—MrlYifwSa —_A_ -r ( ct VOL. 2989. PG. 285 x 1 OpA� w �j $ 'SUj SUi� -• Cu w� m ----- ------ r N. 0' 35' 51' W. - 262,14' �8 V_ S. 0' 35' 51' E. - 262.55' O Cosa. ti Partd B ._ ur -- S KIMBALL R0• �1 - - _.._�` 1# N S 4 4 � a D a � Stg co c�Ci� 8'n r • H MMM03'� a M. y '3q C So` U— cx�ti�p _ % at w < + 3�i I t, r M =u L. 9- c, '•[ ' 5", 4 � GI r I I Qc x 4 w *ACS/TRC* TARRANT Doc: 000216229 Date: 08/06/2002 Vol: 0015871 Page: D0179 Page: 5 Of 6 r�. �g D202216229 METROPLEX TITLE 1123 E SOUTHLAKE BLVD#100 SOUTHLAKE TX 76092 6� -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 202374948 DR96 N C 08/06/2002 09:25 INSTRUMENT FEECD I D202216229 WD INDEXED TIME 20020806 09:25 CG A T O T A L: DOCUMENTS: 01 F E E S: 17.00 a 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