Item 6BItem 6B
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. 1106, 2nd Reading, Adopt ordinance to
abandon a permanent access and utility easement in a tract of
land deeded to Roger H. Bohannan and wife, Donna as
recorded in Volume 11077, Page 272 of deed records of
Tarrant County.
Action
Requested:
Ordinance No. 1106, 2nd Reading, Adopt ordinance to abandon a
permanent access and utility easement in a tract of land deeded to
Roger H. Bohannan and wife, Donna as recorded in Volume 11077,
Page 272 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 access and utility easement that is no longer
necessary. The permanent access and utility easement to be
abandoned is on property described as a tract of land deeded to
Roger H. Bohannan and wife, Donna as recorded in Volume 11077,
Page 272 of deed records of Tarrant County, Texas. The unused
permanent access and utility easement is 15 feet wide and extends
from Davis Boulevard east approximately 827 feet. The permanent
access and 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 is actually on a tract of land that is within the City
of Keller. No utilities have been constructed in this easement and
none are planned. Permanent access to City of Southlake utilities
is available through the recently constructed Creekview Addition,
Phase II (Keller) streets. The unused permanent access and utility
easement must be abandoned so that there are no clouds on 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 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. 1106 or deny it.
Staff
Recommendation: Staff recommends approval of Ordinance No. 1106, 2nd Reading,
Adopt ordinance to abandon a permanent access and utility
easement in a tract of land deeded to Roger H. Bohannan and wife,
Donna as recorded in Volume 11077, Page 272 of deed records of
Tarrant County.
Supporting
Documents: Location Map
Easement Document Instrument No. D193104789
Ordinance No. 1106
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
CITY OF SOUTHLAKE
ACCESS & UTILITY EASEMENT
THE STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That (We), Roger and Donna Boliannan, Grantor herein, for and in consideration of one
dollar and other good and valuable consideration by Grantee herein, the receipt and
sufficiency of which is hereby acknowledged and confessed, have granted, sold and
conveyed, and by these presents do grant, sell and convey to the CITY OF SOUTHLAKE,
Grantee herein, of Tarrant County, Texas a permanent and perpetual easement and temporary
construction easement for the purpose of installing, repairing, maintaining, altering,
replacing, relocating, and operating utilities in, into, upon, over, across and under that land
in Tarrant County, Texas described as follows, to -wit:
Being a permanent 15,00 foot wide access and utility easement described as follows:
See Exhibit "A" for metes and bounds description.
See Exhibit "B" for graphic depiction
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 said permanent easement granted herein any
temporary or permanent structures, and it is further agreed that Grantee shall have the right
to excavate and fill upon and within said permanent easement, and shall have the right to
remove from said permanent easement any fences, buildings, or other obstructions as may
now be. found upon said permanent easement. Grantee shall replace any existing fences and
shall re -sod or re -seed the permanent easement where necessary to return the property as
nearly as possible to its prior condition.
Such temporary construction easement shall include the right to excavate or fill upon such
property, but Grantee shall replace any existing fences, improvements, or other fixtures
within or upon said temporary construction easement without cost to Grantor, or current
owner thereof, and shall restore the property as nearly as possible to its condition pros to
entry thereon.
In addition to the rights reserved to Grantor as a matter of law in and to the land described,
Grantee did not desire to acquire but reserved to the Grantor, their heirs, successors and
assigns, each and all of the following rights with reference to the described property across
which easement is sought to be acquired herein:
1. Grantee shall have no right to fence or enclose such strip, or to use the strip
for any purpose other than aforesaid.
2. Grantee shall have no right to place upon any part of said easement and righl.-
of-way any permanent structures situated above the surface of the ground,
except incidental equipment and appurtenances.
3. Grantor shall at all times have vehicular access to and across a portion of said
easement and right-of-way.
4. Grantor shall have the right to use all or any part of the described land for any
other further purpose that does not damage, destroy or injure the use of the
aforesaid easement or right-of-way for the purposes for which the same is
being sought herein.
Page 1 of 2
11077 0272
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THE STATE OF TEXAS
COUNTY OF TARRANT ACKNOWLEDGEMENT
TO HAVE AND TO HOLD the above described easement, together with all and singular, the
rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and
assigns forever; and We do hereby certify that We are the owners of the property described
herein and bind ourselves, our he,rs and assigns, to warrant and to forever defend all and
singular the premises unto the said Grantee, its successors and assigns, against every person
whomsoever lawfully claiming or to claim same or any thereof.
EXECUTED this the 4 day of rY � �N 1923.
J ,
li �✓r (�.5 /1 Gt n,� ��,t
BEJ,O E ME, the undersigned authority, on this day personally appeared who known to me to be the person(s) se na (s) is/are
subscribed to the foregoing instrument, and acknowledged to me that he/she they executed the
same for the purposes and consideration therein expressed.
GIVEN under my hand and seal of office on this the <' S day of , A.D.
1993.
'' rr ANN T. WILLtAMS i Notary Public in and f for the State of Texas
1�; 6,Y.."#!Mi$$:0Nt7tP;RES
! '•��'�•�j'� �Ptemb6r 21t, 199t3
My commission expires:
Accepted by the City of Southlale, this the day of ' , A.D. 1.
By: -Ill'--,
City of S4uthlake4texas
RETURN TO
OFFICE OF THE CITY SECRETARY
CITY OF SOLITHLAKE
667 N. CARROLL AVE.
SOUTHLAKE,TEXAS 76092
RETURN DOCUMENTS TO:
CHEATHAM & ASSOCIATES
1170 Corporate Drive West, Suite 207
Arogton, Texas 76006
Paee 2 of 2
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+BQiOLISDt!UBSSBaJ!Epd:!11121589:1 Ebuf,!1603902:: 41 VOM 111221881 Cbhf;!113831 Cbhf;!31 Pg!6
EXHIBIT 'A'
Being a p?nv-anent access and utility easement out of the Samuel H. Zhor son
Survey, Abstract 1504 in Tarrant County, Texas and being more particularly
described by metes and bounds as follows:
Beginning at tre westerly southwest corner- of a tract of land deeded to Roger
H. Eohannan and wife, Donna, as recorded in Volume 6050, Page 363 of deed
records of Tarrant County, Texas.
THENCE North 12 degrees 34 minutes 0 seconds East, a distance of 15.04
feet to a point for a corner;
THENCE North 89 degrees 32 minutes 0 seconds East, a distance of 800.45
feet to a point for a corner;
1104CE South 58 degrees 9 minutes 35 seconds East, a distance of 28.07
feet to a point for a corner;
Mr--N CE sautlh 89 degrees 32 minutes 0 seconds West, a distance of 827.64
feet to a point for a corner, said point being the point of
beginning and containing 0.2803 acres of land, more or less.
+BQrOUSDt1UBSSBaJ!Epd;111121589:1 Ebuf;! 1603902:: 41 VOM 111221881 Cbhf;!113831 Cbhf1! 41 Pg!6
. It .
EXHIBITT 'B'
ROGER H. BOHANNON & WIFE
VOL. 6050 P. 363
PROPOSED 15.00' ACCESS
AND UTILITY EASEMENT
N12 i¢ 00.
�s 40' E
P. O.B.
J 3Asa UEL H. TNOAMPSON
SURVEY ABSTRACT NO. 1504
rn.
TEMPORARY caysrnucnoN EwsEUPRr
PROPOSED 15.00' :I
ACCESS AND UTILITY
EASEMENT I
ti. co -
a..
�t
NORTH
28.07'
I
ROGER H. 80HANNAN $ WIFE
VOL. 6050. P. 363
D. R. T. C. T.
0014171.B.D11G
I certify that this is a
0
CBEATE" AND ASSOCUTE,S.
Ariliii3A� aa�ai man
true and [ccurate
p\STCA
representation of We
1170 CORPORATE DRIVE 'RFST SUITE 207
survey an made on the
ARLINGTON, TEXAS 70006
ground and that there
DIE L. CHE
HETRO 817) 840-4329
(517) 8 3-1023
are no visual encroachments
sYoept as shown.
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DATE : � — 72 - !n3
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D193104789
CITY OF SOUTHLAKE
667 N CARROLL AVE
CITY SECRETARY
SOUTHLAKE, TX 76092
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 N 0 T D E S T R O Y
F I L E D -- T A R R A N T COUNTY TEXAS
S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK
OFF ICIAL RECEI PT
T 0: CITY OF SOUTHLAKE
r• RECEIPT NO REGISTER PRINTED DATE TIME
193216636 DR91 05/28/93 10:28
INSTRUMENT FEECD
1 D193104789 WD
T 0 T A L : DOCU14ENTS : 01
FILED TINE
930528 10:28 CG
F E E S: 12.00
B Y: .4��
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.
[11077 0276
+BDTOUSD+! UBSSBCU! Epd; ! 11121589: ! Ebuf ; ! 1603902:: 4! VOM ! 1122188! Cbhf ; ! 11383! Cbhf ; ! 6! Pg! 6
Ordinance No. 1106
ORDINANCE NO. 1106
AN ORDINANCE VACATING AND ABANDONING A PERMANENT
UTILITY EASEMENT PREVIOUSLY GRANTED TO THE CITY BY
ROGER H. BOHANNAN AND WIFE, DONNA WHICH EASEMENT
IS FILED AS INSTRUMENT D193104789 AND RECORDED IN THE
DEED RECORDS OF TARRANT COUNTY AT VOLUME 11077,
PAGE 272; DECLARING THAT SUCH EASEMENTIS
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 March 25, 1993, Roger H. and Donna Bohannan granted a
permanent utility easement ("the easement") to the City, which easement is filed of record
as Instrument D 193104789 and recorded at Volume 11077, Page 272 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 City on or
about March 25, 1993 by Roger H. and Donna Bohannan, which easement is filed of record
as Instrument No. D 193104789 and recorded in Volume 11077, Page 272 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. 1106
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
■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■
Wo It
2
Ordinance No. 1106
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:
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 Roger H. and Donna Bohannan, filed with the County Clerk of Tarrant
County, Texas as Instrument No. D19310489 and recorded in volume 11077, page 0272 of the
deed records of Tarrant County, Texas is not being used by, nor useful or convenient to the public
in general; and it 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. 1106, 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
L-02
ATTEST:
Lori Payne, City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
The Honorable John Terrell, Mayor
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