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Item 6AItem 6A CITY OF SOUTHLAKE MEMORANDUM (November 18, 2014) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No.1105, 2nd Reading, Adopt ordinance to abandon a permanent utility easement in a tract of land deeded to Garry, Sharon and David Tennyson as recorded in Volume 11077, Page 262 of deed records of Tarrant County. Action Requested: Ordinance No.1105, 2nd Reading, Adopt ordinance to abandon a permanent utility easement in a tract of land deeded to Garry, Sharon and David Tennyson as recorded in Volume 11077, Page 262 of deed records of Tarrant County. Background Information: Terra Creekview, LLC., the developer of the Creekview Addition, Phase II (City of Keller) has requested the abandonment of an existing permanent utility easement that is no longer necessary. The permanent utility easement to be abandoned is on property described as a tract of land deeded to Garry, Sharon and David Tennyson as recorded in Volume 11077, Page 262 of deed records of Tarrant County, Texas and located at 1361 Davis Blvd. The unused permanent utility easement is 15 feet wide and extends from Davis Boulevard southeasterly approximately 813 feet. The permanent utility easement was granted to the City in early 1993 for a sanitary sewer trunk line that serves the most southwesterly area of the City. This particular easement was granted to the City of Southlake; but the sanitary sewer line is actually located on a tract of land that is within the City of Keller. The sanitary sewer line was constructed, but, did not align with this easement that is being abandoned. A separate easement that encompasses the sanitary sewer line was granted in late 1993. The unused permanent utility easement must be abandoned so that there are no clouds on the title during future property transactions. Approved at 1st Reading on the November 4, 2014 City Council agenda. Financial Considerations: The filing fee for recording the Quit Claim Deed in Tarrant County records will be the only cost associated with the abandonment of the easement. Strategic Link: The easement abandonment links to the City's strategy map relative to Corporate Focus Area of 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. 1105 or deny it. Staff Recommendation: Staff recommends approval of Ordinance No.1105, 2nd Reading, Adopt ordinance to abandon a permanent utility easement in a tract of land deeded to Garry, Sharon and David Tennyson as recorded in Volume 11077, Page 262 of deed records of Tarrant County. Supporting Documents: Location Map Easement Document Instrument No. D193104787 Ordinance No. 1105 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 .„;� �' -..� l� I ITT OF SC,IU T LAKE UTILITY EA INN°lEl"w`"T l lw STATE OF TEXAS ' KNOW ALL MEN BY THESF PR S NTT hat (We), Garry, Daf^r and Sharon `errkyson, Grantor herein, for and to . nst4iera o is the City of Southlake relinquishing ap!ic le sever impact fee toorfio f& single fai ntly residential comiections, and sewer Connection charges for four single fatttmiy restdea % rvrc s. and othergoW and valuable consideration by Grantee herein, the receipt 9nd'sufcicttcy' of which is hereby aclmo ledged and confessed, have granted, sold and conveyed, and,by. tlrese.presents do. grant, sell and convey to the CITY OF SOUTHLAKE, GradtdhereiK of Tar . t aunty, Texas a permanent and Perpetual casement and temporary constfuc dr- e ret t' ar e pt+rpose of installing, repairing, maintaining, altering, replacing�. rrl ttsrg. ar° operating utilities;in, into, upon, aver`, across and under that land in Tt ouoty, � s es rfbe€f as follows, to -wit: `ng a perm aliestt X ,t rd utility msentent and a ternporary 35 foot wide c nstruction ' described follows. easement, �S See Exhibit. "A'& for 6etes - el •bounds description, tia+ra. See Exhibit "B" f6r:•graphrc l p tlott 9 together with the right of inP�.s an-qr•ss as fteo for such purposes. ri Grantor covenants and agrees that _for and Gr . is heirs, representatives, successors d assigns shall at no time erect, place or construct, or use to be erected, placed or constructed in, into, capon, aver, across or.utt e; saw p ttfaa�tar:t Asa tt� a t f farts hers �t ar v temporary or permanent structures, and: tt is finer• agr d that Grantee shall have the right to excavate and fill upon and within "d-. er saanent easement, and shall have the right to remove from said permanent casement attyr dent e,r . tttlrtarags, or cattier obstructions as may .' t now be found upon said permanent sement, Gnntee.,sW1 replace any existing fences and shall a -sod or re -seed the permanent mernent where. 6ecs y, to re.tum the property as nearly ly as possible to its prior condition. ..._. ..' _ { Such temporary construction casement shall include the rig t=.tiExcavate or fiCEg LpCl such property, but tee shall replace any existing fenc4 impro-verniihts, or other fixtures within or upon said temporary construction'easement =1€trta t'ec�sit� ra tcar. or current Po, owner theroaf, and :shall. restore the property as nearly as possable..to its cotidtiaoat prior to . entry thereon. rl TO HAVE AND TO HOLD the above described easement, to -RI er.' t3t7 oil„anti singular, the rights d appurtenances thereto, anywise belonging unto the sazd �irantee, its successors and Aw assigns forever, and We do hereby .certify that We are the: swayers of;t e property described' herein and bind ourselves, our heirs and assigns, tow a t and to f�r ver,4et`end all and -person singular the premises unto the said Grantee, its successors and assagns, -agathst. every whomsoever lawfully claiming or to claim saute or any thereof, EXECUTED this the i day of i kzwvpage I of &.. .... 6022 THE STATE OF TEXASCOUNTY OF TARRANT ACKNOWI.EDGENIENT BEFORE � the undersigned nthorty, .ors this�d ,y personally appeared eu CPt4)b'iS E{1 me to be the persons bds Sa'i3ibG -'Ikmesare subscribed to the fore tran �tastnirrenta and acknowledged tome that they executed •.. She - rrt for the purposes and consideration therein expressed. .. f er m hand and .se of office on this tI e €� }' day of _: xuewp AID- y Notary bhr in amd orithe St s� g y c rtar ussion expires: rv. i AcM tom[ bythe City of Southlake, hits te;.'' day ofri •. u.. cr.z •tit? f a�a . .... r RETURN i OFFICE OF THE CITY SECRETARY t SOS 667 i . CARROLL . L, . RETURN DOCUMENTS TO CHEATHAM ASSOCIATES 1170 ra :Dri e West, Baits 207 Arlington, Texas Rage 2 of 2 EXHIBIT "A" ling a permanent utility easement descr:bed as follows. gt ng at the northwest comer of a tract of land d ed to Garry, Shartttt and Da td Tennyson as recorded in Volume 7295, :rage 1167 of deed records of nt County, Texas. 1l rice N 89'58'00" for a distance of 15A ft. 3ie ith a carve to the right having a radius of 293089 ft. for a distance. of , 1M95 ftn, said carve being concentric with the centerline of F° K I938. Tnctw.-'' ''51 " €.' 11-" E.for a distance. of 30170 ft. to a point. ente ,57W�15. E for a distance of 569.93 ft, to a pant being 3r+ the stat:tit line of s saki Tepn si�ra Tract. Thence S. 1" for distance ofi f$a t# point, Thence N 5 s 5.0`35`­W for a distance of 487.07 ft. to a pent. Thence N 51'W IL" N x.. f -a.distanre.of 320,5 ft. to a point an the west line of said tract Theme ICI f f ° " FJk-a--distance of 21,69 ft,. to a point. Thence tit 15026. :,a.dts ce crf WOO ft. to the POINT OF BEGINNING, Also included is a construction easomle st asAown on Exhibit "go.. ri PIS , •.M1 .- ... .. _ i {E f 1, E l ! it 0264 I Ordinance No. 1105 ORDINANCE NO. 1105 AN ORDINANCE VACATING AND ABANDONING A PERMANENT UTILITY EASEMENT PREVIOUSLY GRANTED TO THE CITY BY GARRY, SHARON AND DAVID TENNYSON, WHICH EASEMENT IS FILED AS INSTRUMENT NO. D193104787 AND RECORDED IN THE DEED RECORDS OF TARRANT COUNTY AT VOLUME 11077, PAGE 262; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING AND ASSIGNING THIS EASEMENT TO THE OWNERS OF THE FEE ESTATE; 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, on or about January 19, 1993, Garry, Sharon and David Tennyson granted a permanent utility easement ("the easement") to the City, which easement is filed of record as Instrument No. D193104787 and recorded at Volume 11077, Page 262 of The Deed Records Of Tarrant County, Texas; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the easement is not being used by, nor useful or convenient to the public in general, and that the public 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 easement, the City desires to execute a quitclaim deed releasing and assigning all title and control in said easement to the owners of the fee estate on which the easement is located. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The City Council finds that the permanent utility easement granted to the C i ty on or about January 19, 1993 by Garry, Sharon and David Tennyson, which easement is filed of record as Instrument No. D193104787 and recorded at Volume 11077, Page 262 of The Deed Records of Tarrant County, Texas, and which is attached hereto as Exhibit A, is not being used by, nor useful or convenient to the public in general and that the public would be better served and benefited by the vacation and abandon of the easement. 1 Ordinance No. 1105 SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed to the above -described easement to the current owner of the fee estate on which the easement is located, specifically, Terra Creekview LLC. SECTION 3 After the quitclaim deed is executed, the City Secretary is authorized and instructed to file it in the deed records of Tarrant County, Texas. 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. PASSED AND APPROVED ON FIRST READING ON THIS 4TH DAY OF NOVEMBER, 2014. ATTEST: CITY SECRETARY ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ THE HONORABLE JOHNOR 2 Ordinance No. 1105 PASSED AND APPROVED ON SECOND READING ON THIS 18TH DAY OF NOVEMBER , 2014. ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ THE HONORABLE JOHN•' ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 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 utility easement granted to the City by Garry, Sharon and David Tennyson, filed with the County Clerk of Tarrant County, Texas as Document No. D1932104787, and recorded in volume 11077, page 262, of the deed records of Tarrant County, Texas, is not being used by, nor useful or convenient to the public in general, and therefore constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. Therefore, 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, Grantor, does hereby assign and convey and forever quitclaim unto the current owner of the fee estate on which such easement is located, specifically, Terra Creek -view LLC, Grantee, and its successors or assigns, all of the City's right title, and interest, if any, in and to the real property described in the attached Exhibit A and shown on the attached Exhibit B. In accordance with governing law, the undersigned has been authorized to execute this conveyance by Ordinance No. 1105, passed by the City Council of the City of Southlake on , a copy of which ordinance is attached hereto as Exhibit C and incorporated herein by reference. This deed shall convey any right, title and interest, if any, owned by Grantor in and to the above described property unto the said Grantee, so that Grantee, and its heirs and assigns, shall have and hold such property conveyed, if any, forever, and so that neither Grantor nor Grantor's successors or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. Executed this the day of , 2014. CITY OF SOUTHLAKE, Grantor The Honorable John Terrell, Mayor 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: After filing please return to: City Secretary City of Southlake 1400 Main Street Southlake, Texas 76092