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1108 Ordinance No. 1108 ORDINANCE NO. 1108 AN ORDINANCE VACATING AND ABANDONING A PERMANENT SANITARY SEWER EASEMENT PREVIOUSLY GRANTED TO THE CITY BY KELLER WATERMERE, LP, WHICH EASEMENT IS FILED AS INSTRUMENT NO. D207010399 AND RECORDED IN THE DEED RECORDS OF TARRANT; 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 December 22, 2006, Keller Watermere, LP granted a permanent sanitary sewer easement ( "the easement ") to the City, which easement is filed of record as Instrument No. D207010399 and recorded at 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 t y on or about December 22, 2006 by Keller Watermere, LP, which easement is filed of record as Instrument No. D207010399 and recorded at 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. 1108 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, Southlake Watermark Holdings, LP. 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 18TH DAY OF NOVEMBER, 2014. C ___ s �� 0 THE HONORABLE JO b C. TERRELL, MAYOR ATTEST: ( T5 ) ,. _tts b ; L i p 0 LORI PAYNE, C SE ••••... ** 2 Ordinance No. 1108 PASSED AND APPROVED ON SECOND READING ON THIS 2ND DAY OF DECEMBER, 2014. THE HONORABLE JO C. TERRELL, MAYOR ,,,, ,,,,,,,,,,,, ATTEST: , ,�` , v�H.crj'. ° _ 1 � -.. Til / p tr--,:. LORI PAYNE, CI 7 ECRETA14 - • 4' APPROVED AS TO FORM AND LEGALITY: ( Cl'ed(_j i _ CITY ATTORNEY 1 / EFFECTIVE: a- Col 020/ 3 . 0 CITY OF SOUTHLAKE PERMANENT SANITARY SEWER EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § That 1, KELLER WATERMERE, LP, 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 sanitary sewer facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to-wit: A 15 foot wide Permanent Sanitary Sewer Easement containing approximately 0.40 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 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 Sanitary Sewer 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 Sanitary Sewer 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. � 201399 p i f / Page 1 of 3 IN WITNESS WHEREOF, this dedication instrument is executed this 61A- day of Ota. . , 2006. BY: G .. /T. BY: GRANTOR ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned auutthority, in and for Tarrant County, Texas, on this day personally appeared Platid (Z G 5tmmonS known to me or proved to me through 1JU VV3 ULEAWr. (description 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. ' I j GIVEN UNDER MY HAND AND SEAL OF OFFICE, this t!1 day of be &1)1 ��Cl,l 2006. i` NOTARY SEAL jt 116:014,1 No . Public, State exas ;. 0/6 b tAmboui 0Y KARA E. LOMBARDI Notary's Name (Printed) (�'•' a Notary Public, State of Texas , , : t t Commission Exp ires If ' o \OS 1 Novemer 30, 2008 I ' " "` ssion Ex Notary's Comm Expires p )20761D3gMp. Page 2 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the 2Znd day of bambt1) , 2006, from hob?) khtimosi, ) P 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. I2 22 -bLa Dated - SEAL Mayor, CfrtkOF SOUTHLAKE ••,•`ttN f ya L A11'hST:LZ� ,,� �� E. .�. 4J! LCJK(1� ` �. lipfity Secretary r t....... ••• 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: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 IZo7603g9 p, 3//i Page 3 of 3 EXHIBIT "A" Being a 0.40 acre of land situated in the Jesse C. Allen Survey, Abstract No. 18 in Tarrant County, Texas, and being a portion of a tract of land conveyed to Keller ISD recorded in Volume 12658, Page 543, of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the southwest corner of the remainder of a tract of land conveyed to Owen Property Management by deed as recorded in Volume 15204, Page 410, Deed Records, Tarrant County, Texas, same being the southwest corner of said Keller ISD tract, same being in the north right -of -way line of Union Church Road; THENCE North 89 deg. 56 min. 11 sec. West, along the common line of said Keller ISD tract, and the north right -of -way line of said Union Church Road, a distance of 15.00 feet to a point for corner; THENCE North 00 deg. 01 min. 06 sec. West, through the interior of said Keller ISD tract, a distance of 1168.83 feet to a point for corner, said point being in the north line of said Keller ISD tract, same being in the south line of a called 22.57 acre tract of land conveyed to Southlake Watermark Holdings, LP, recorded in Document No. D205375632, of the Deed Records of Tarrant County, Texas; THENCE North 89 deg. 59 min. 47 sec. East, along the common line of said Keller ISD tract, and said 22.57 acre tract, a distance of 15.00 feet to a 1/2 inch iron rod found for corner, said point being the northeast corner of said Keller ISD tract, same being in the west line of a called 3.99 acre tract of land conveyed to Southlake Watermark Holdings, LP, recorded in Document No. D205375634, of the Deed Records of Tarrant County, Texas; THENCE South 00 deg. 01 min. 06 sec. East, along the common line of said Keller ISD tract, and said 3.99 acre tract, passing the southwest comer of said 3.99 acre tract, same being the northwest corner of the remainder of said Owen Property Management, and continuing a total distance of 1168.85 feet to the POINT OF BEGINNING and containing 17,532 square feet or 0.40 acres of computed land. '46 th . Hugh E. Peiser R.P.L.S. No. 3688 November 9, 2006 P- 1180EX1Legal • "A E OFT_ • ...... 9 a , • HUGH E. �,EISE'. ? 3688 • • � r .. . .o ' b27bl p41 1 9 ,SURVE.��� 4 d . N W N • W Y d . 5 } M Z 5 o aJ p Z� OD 47 9 to Z O N Z ° Q O W d 8 %° N � Z � g J O • O a 2 J0 En o W8 ° WN W ZN3 �i7 �v N vxw 8 z 7 O ° LLI a 2 g i\ _ W 'd O J U Cn w ° ;f u Q a) 7 co Z \ Ig k 5 s CO uf Z W i W O h W Q: U2 ` a YN r a ° 6? - 0o rimo N i pZ =80 • m 0 M i tD co � 3 W Ua H y r- � Wx — i= r � Y 7 }"- M �O m" CD V on (0 5i W ° O 5 M E ›•• L o 0 3 s o g I- 0 w r t0 : • coo Y� O r O a s N O r W o . N 2 O ; k • i � ~ W r r Z .S W < 2 Z i 2U i W 6O i fY O� O .1.. z�N • �(a�E OFT 1 p E 1 S E R. 3 o :.a u , .c 8 . s .(.9'`z -s0..• I .� �cL;HVEdP. o 0 / 1 UNION CHURCH ^ �� 03 a) O ROA Q , NOTES: 'v 1. IRF - Iron Rod Found d 2. Basis of Bearing - Subject Piot Z HUGH E. PEISER egblw.d hekoo eerl lad wryer e. 3588 JOB NO. PEISER SURVEYING CO. P- 1180EX1 www.peisersurv DATE: 11/08/2006 T ee.ed P9 L20 !/ SCALE: 801 ENTERPRISE DRIVE Summon / pJ� 1 = 100' FLOWER MOUND. TEXAS 75028 \ / (972) 724 -5776 COMMERCIAL • DRAWN BY: (972) 724 -5779 FAX BOUNDARIES • TOPOGRAPHY � C.A. Member Ilnee 1977 MORTGAGE , R ,_ * ,.: ,1 CITY OF SOUTHLAKE i ii, :'''* - 1/ 1400 MAIN ST 270 °+ SOUTHLAKE TX 76092 Submitter: CITY OF SOUTHLAKE - ZSLKE -001 SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196 -0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. " ed For Registration: 01/09/200712:28 PM - trume t #: D207010399 OPR 6 PGS $32.00 011P i 1111111 1111 11111 11111 11111 11111 11111 11111 11111 11111 1111 1111 D207010399 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. 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 sanitary sewer easement granted to the City by Keller Watermere, LP, filed with the County Clerk of Tarrant County, Texas as Document No. D207010399, and recorded in 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, Southlake Watermark Holdings, LP, 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. 1108, passed by the City Council of the City of Southlake on Q eeeni br 4, 2 /'f , 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 t h e )3 " day of 6 b . , 2014. CITY OF SOUTHLAKE, Grantor r# 4 By: 0 The onorable John errell, Mayor ATTEST: " H L "`` ``,. . ..%`�uTH 1 , o• . do„,,:p • . F_ : ,___ al So ar2-- '1 Lori Payne, City Secr *i 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. k tA: p LORI PAYNE VP TARY PUBLIC Notary Public in an or the State of Texas NO Co,�n,ufI EX BLI 1 0 -27 -2017 My Commission expires: 10 — Y . / �? O I 7 After filing please return to: City Secretary City of Southlake 1400 Main Street Southlake, Texas 76092 EXHIBIT `A" 15' SANITARY SEWER EASEMENT ABANDONMENT SOUTH VILLAGE AT WATERMERE 9,072 SQ. FT. OR 0.208 ACRE Being that certain 9,072 square feet (0.208 acre) tract of land situated in the Jesse C. Men Survey, Abstract No. 18, City of Southlake, Tarrant County, Texas, and being a portion of that certain tract of land conveyed to Keller Watermere, LP. by deed recorded in. Document No. D206238263, of the Deed Records of Tarrant County, Texas, also being a portion of Lots 1X, 8, 9, 10, 11. 12, 13 and 14, Bloch 4, South Vilage at Watermere, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Document No. D214208586, Official Public Records, Tarrant County, Texas. and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for an internal comer of said South Village at Watermere, same being in the east line of Lot 15, said Block 4, of said South Village at Watermere, same being the southwest comer of Lot 4R2, Watermere at Southiake, an addition to the City of Southlake, Tarrant County, Texas, according to the plat thereof recorded in Document No. 0212033579, sold Official Public Records, same being in the east line of said Keller Watermere, LP. tract; THENCE South 00 deg. 01 min. 06 sec. East, through the interior of said Lot 15, and said Lot 14, of said Block 4, a distance of 33.14 feet to a point for the northeast corner of the herein described tract, same being the POINT OF BEGINNING; THENCE South 00 deg. 01 min. 06 sec. East, continuing through the interior of said Block 4, same being Lots 14. 13, 12, 11, 10. 9, 8 and 1X1 a distance of 604.18 feet to a point for the southeast corner of the herein described tract, same being in the south line of said Lot 1X, same being in the north line of Riverbrook Way (a Private Street, as dedicated per said South Village at Watermere), same being in a non — tangent curve to the right having a radius of 18.50 feet, a delta angle of 16 deg. 12 min. 16 sea, and a chord bearing and distance of South 81 deg. 54 min. 51 sea West, 5.21 feet; THENCE along the south line of said Lot 1X, and the north line of said Riverbrook Way as follows: In a southwesterly direction, and along said non — tangent curve to the right, an arc distance of 5.23 feet to a point for the end of said curve; North 89 deg. 59 min. 00 sec. West, a distance of 9.84 feet to a point for the southwest comer of the herein described tract; THENCE North 00 deg. 01 min. 06 sea West, through the interior of said Lots 1X, 8, 9, 10, 11, 12, 13 and 14, said Block 4, a distance of 604.91 feet to a point for the northwest corner of the herein described tract, same being In the interior of said Lot 14; THENCE South 89 deg. 59 min. 44 sec. East, through the interior of said Lot 4, a distance of 15.00 feet to the POINT OF BEGINNING and containing 9,072 square feet or 0.208 acre of computed land, more or less. No1Es 1. 118' —.ban Red Found 2. Bearings are booed on the west fns (North 00 deg. 05 min. 42 see. Wort1 a tract of had convegad to Keeler Watrme n LP. by deed recorded In Document No. D206238263, el the Deed Reerede of Tenant County, Tema. 3. All prtnater manamente ahem Wrenn re plastic capped 1/2 Inch hen rode eat stomped PEPER h MANKW SURV. Unless othsnrien noted 4. UE — UtOIty Eane t 5. SSE San Sewer Easement 6. D fit UE — w age and Unnity Easement 7. PED — Pedestrian 8 D,A, 6: UE — Drainage, Naar, and Unity Easement A DE — Drainage Ern ensnt C 10. I UE — Pa s notbee Wily obs acted r tt h ie de,re requr4 end title savoy woe performd without the benefit �( ` OR of a t ee�t, ad easements may net be shown. PR � L I M\N A30 /VA 4 JOB NO.: P -1180 SSEJ+B PEISER & AMANKIN 0 / DATE 10/30/2014 SURVEYING, LLC ..+ Pr e s '' N 60,.,r No. 6122 FIELD DATE 10/28/2014 rnrw.peisersurveying.com SCALE 1" = 60' 623 E. DALLAS ROAD d s `� GRAPEVINE, TEXAS 76051 M Ltc DRAWN: T.R.M. 617 -481 -1806 (0) FIELD: M.O. 817 -481 -1809 (F) COMMERCIAL • RESiDENTIAL FIRM NO. 100999-00 BOUNDARIES • ToPOGRAPRY Member same 1277 MORTGAGE ix l 1B 111 DaiI�T r 8" 2 PRIVATE I X 15 ' rD �N) 2 0399 15 SANI SEWER EASEMENT SPACE 3 ,7 11 SOUTH VILLAGE AT WATERMERE b ' o I 9,072 SQ. FT. OR 0.208 ACRE / 20" D E I — I1 7 - - - sa wA NO. D �y 18 LOT ti� II WA1 AT BLOCK FtAhE DOC. NO. 9212633579 � ry S00'01'06 M I R KA 2 SP-2 y BLOCK 4 15 33. ,, P.O.C. PwvAn OPEN S89 . \ I .C / r' P.O.B. 1/z a1P SPACE ' � ' — — 15.00' `olgr • /2- II 14 rli ► 18 m. e E 13 80 P + I I I , 1 17 P 8LOOK 4 j POR710W OF EX. 1r S.S.E. 72 - r le 9.072 .SQ. FT- CR 15 •D.E �) b 0208 ACRE — Z 0 � 1 < \ 71 a 01$ - � ^ I a BLOCK 3 15 SOUTH VILLAGE- AT 10 40 a 3 �� j X WAfERMERE _ * 4 ' m a' 5 INST. NO. D214208585 , W I 14 POR7ION OF KELIF LP. :II y �� 8 il I x j 13 a' Sm .tea p uc H L - I 12 4 " / '. I m I 5 6 7 i1 BLOCI(4 ° 11 I SUMO (.r ,o• anon EASE]AENT I H wy , y ,� LOT 1; BLOCK -5 0=1612 PRIVATE STREET) ,, �' ,°, NB9,5 W 5.23' ______ -A• I --CB�S81'54'51'W I OPEN CD =5.21' I SPACEk O 4 5 6 7 9K 9 15 SANITARY SEWER EASEMENT (TO REMAIN) X207010399 � LDT 1X. B1AC1( 3 VERANDAS AT /2' WI' — 01/2• naF i]E-vlGVv - — — TAN PUBU c R of W A 1/ Mk_ pE N A R /2. 4 1 � JOB NO.: P -1180 SSE_AB PEISER & MANKIN R DATE: 10/30/2014 SURVEYING, LLC I 'TIMOTHY Y ( ve StriwPr No, e122 FIELD DATE 10/28/2014 www.peisersurveying.com 76051 �\ SCALE: 1' = 60' GRAPEVINE. PEVINE, T E. DALLAS ROAD T s or GRTEXAS DRAWN: T.R.M. 817 -481 -1806 (0) \!..-1.15/ FIELD: M.O. 817- 481 -1809 (F) COMMERCIAL • RESIDENTIAL FIRM NO. 100999 -00 HODNDARIES • TOPOGRAPHY Member Since 1977 MORTGAGE Ordinance No. 1108 ORDINANCE NO. 1108 AN ORDINANCE VACATING AND ABANDONING A PERMANENT SANITARY SEWER EASEMENT PREVIOUSLY GRANTED TO THE CITY BY KELLER WATERMERE, LP, WHICH EASEMENT IS FILED AS INSTRUMENT NO. D207010399 AND RECORDED IN THE DEED RECORDS OF TARRANT; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORING 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 December 22, 2006, Keller Watermere, LP granted a permanent sanitary sewer easement ( "the easement ") to the City, which easement is filed of record as Instrument No. D207010399 and recorded at 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 it y on or about December 22, 2006 by Keller Watermere, LP, which easement is filed of record as Instrument No. D207010399 and recorded at 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. 1108 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, Southlake Watermark Holdings, LP. 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 18TH DAY OF NOVEMBER, 2014. 414 ' WOW THE HONORABLE JO b C. TERRELL, MAYOR A'1"1'EST: ••• .•`sJtH. = ›- ice. ' 0 LORI PAYNE, C SECRETNY O OOOOOOOOOO 2 Ordinance No. 1108 PASSED AND APPROVED ON SECOND READING ON THIS 2ND DAY OF DECEMBER, 2014. 41 t, 4 - 0 THE HONORABLE JO C. TERRELL, MAYOR ATTEST: •• .•`�v11 . �► s. sal �I :yam V • se) LORI PAYNE, % * .lo C SECRET�Y *�* APPROVED AS TO FORM AND LEGALITY: geeet_c-51k.1 CITY ATTORNEY EFFECTIVE: 62-009 '020/' 3 CITY OF SOUTHLAKE PERMANENT SANITARY SEWER EASEMENT THE STATE OF TEXAS § § COUNTY OF TARRANT § That I, KELLER WATERMERE, LP, GRANTOR herein, for and m 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 sanitary sewer facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to-wit: A 15 foot wide Permanent Sanitary Sewer Easement containing approximately 0.40 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 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 Sanitary Sewer 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 Sanitary Sewer 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. i)2070/399 p 141 Page 1 of 3 IN WITNESS WHEREOF, this dedication instrument is executed this 6 day of , 2006. BY: BY: GRANTOR ACKNOWLEDGEMENT THE STATE OF TEXAS, COUNTY OF TARRANT BEFORE ME, the undersigned authority in and for Tarrant County, Texas, on this day personally appeared g1thArd G authority, known to me or proved to me through ,1t QM U v4Q. (description 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 n �j GIVEN UNDER MY HAND AND SEAL OF OFFICE, this (Q d IJi of C� ,�ry4JJ,1 2006. / NOTARY SEAL No Public, S exas 6 t,M /9w vect r•r KARA E. LOMBARDI { � 1 Notary's Name (Printed) +4�' - Nosey Public. State of Texas 1 • My Commission Expires E 30, 2008 1 )7() d� Notary's C6 II sion Expires )2a7a1 D349 p 2 1 4 Page 2 of 3 CERTIFICATE OF ACCEPTANCE This is to certify that the interest and real property conveyed by this dedication instrument the 2Znd da of lmb.) , 2006, from KPOh") Lati,I,noi JP . 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. /222 - b& Dated SEAL M ayor, OF SOUTHLAKE %%%%%%%% yja + ATTEST: •' ~ i build - y 0 S �r • s ' - D t p t fity 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: CITY OF SOUTHLAKE C/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 1Z07b10399 p.3op Page 3 of 3 EXHIBIT "A" Being a 0.40 acre of land situated in the Jesse C. Allen Survey, Abstract No. 18 in Tarrant County, Texas, and being a portion of a tract of land conveyed to Keller ISD recorded in Volume 12658, Page 543, of the Deed Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for the southwest corner of the remainder of a tract of land conveyed to Owen Property Management by deed as recorded in Volume 15204, Page 410, Deed Records, Tarrant County, Texas, same being the southwest corner of said Keller ISD tract, same being in the north right -of -way line of Union Church Road; THENCE North 89 deg. 56 min. 11 sec. West, along the common line of said Keller ISD tract, and the north right -of -way line of said Union Church Road, a distance of 15.00 feet to a point for corner, THENCE North 00 deg. 01 min. 06 sec. West, through the interior of said Keller ISD tract, a distance of 1168.83 feet to a point for corner, said point being in the north line of said Keller ISD tract, same being in the south line of a called 22.57 acre tract of land conveyed to Southlake Watermark Holdings, LP, recorded in Document No. D205375632, of the Deed Records of Tarrant County, Texas; THENCE North 89 deg. 59 min. 47 sec. East, along the common line of said Keller ISD tract, and said 22.57 acre tract, a distance of 15.00 feet to a 1/2 inch iron rod found for corner, said point being the northeast corner of said Keller ISD tract, same being in the west line of a called 3.99 acre tract of land conveyed to Southlake Watermark Holdings, LP, recorded in Document No. D205375634, of the Deed Records of Tarrant County, Texas; THENCE South 00 deg. 01 min. 06 sec. East, along the common line of said Keller ISD tract, and said 3.99 acre tract, passing the southwest corner of said 3.99 acre tract, same being the northwest corner of the remainder of said Owen Property Management, and continuing a total distance of 1168.85 feet to the POINT OF BEGINNING and containing 17,532 square feet or 0.40 acres of computed land. 114 Hugh E. Peiser R.P.L.S. No. 3688 November 9, 2006 P- 1180EX1Legal E OF 9. HUG E PEisER b26100399 p41 SURVE9': ` * W N ^ . au Y a -'+ YM Z g O N Z' D N s s P GN SSW r) 44 X O P. G p Won Q Y N W a .x. sic° am c 0 mz 3 Z W O W > F W Zn 3 8 0 X a !^ ! .t0 -N v<8 �o 3 O O Z 0 w N •Z n . o, W ° ;c Ir' a) .1.— CO Z 9 s S 1— ZIn Z Vl ; m ©W I 1 J t° 0 .4 N oo d) a La* ! co °= ca CO M M M _ � u' v. s W 1- V W = � ^ 2 co m . opoW x° 5 0 213 E lx>" 0 d te a; y g .N .o ►�o ZZ 0 0 N � > ° Cy t/) xZ I pz 019 AI z Z ,\ W <7 it. SO � ` w p' :: o < ° a o 0.1.., ill O T\ / . c a P *. . ,!A 1 Z' HUGH EIS ,1 A , :„ 3 6 8 8 ' .... ..... R'\ 1a O a v: r- , 0 t:. . • 0 - is o / UNION CHURCH in 6 o ROAD , , d `3� �L NOTES `' 1. IRF - Iron Rod Found 2. Basis of Bearing - Subject Plot Z HUGH E. PEISER egbesd Prebressd Lad !sole es !Ye JOB NO' PEISER SURVEYING CO. P- 1180E0 www.peisersurveying.com DATE 11/08/2006 sP9 �► 20 1 D , �' 9T SCALE: 801 ENTERPRISE DRIVE & CO P.ilG r - 100' FLOWER MOUND, TEXAS 75028 0 (972) 724 -5776 DRAWN BY: (972) 724 -5779 FAX BOUNDARIES • ZOPpGRApBY C.A. Member :>t ISM MORTGAGE a JO -ate , , ,,_ s , f F CITY OF SOUTHLAKE "'/r 1400 MAIN ST 270 SOUTHLAKE TX 76092 Submitter CITY OF SOUTHLAKE - ZSLKE-001 SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196 -0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. For Registration: 0110912007 12:28 PM #: D207010399 OPR 6 PGS $32.00 411ridliktbk 1I i il1ii ! '1 ! 1 INIIIIII D207010399 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. MARY LOUISE GARCIA ,, COUNTY CLERK i ' 100 West Weatherford Fort Worth, TX 76196 -0401 '••'* PHONE (817) 884 -1195 CITY OF SOUTHLAKE 1400 MAIN ST STE 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 12/5/2014 10:32 AM Instrument #: D214263639 WD 14 PGS $64.00 By: D214263639 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.