Item 6AItem 6A
CITY OF
SOUTH LAKE
MEMORANDUM
(December 2, 2014)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No.1108, 2nd Reading, Adopt ordinance to abandon
a permanent sanitary sewer easement in a tract of land deeded
to Keller Watermere, L.P. as recorded in Instrument No.
D207010399 of deed records of Tarrant County.
Action
Requested:
Ordinance No.1108, 2nd Reading, Adopt ordinance to abandon a
permanent sanitary sewer easement in a tract of land deeded to
Keller Watermere, L.P. as recorded in Instrument No. D207010399
of deed records of Tarrant County.
Background
Information:
Southlake Watermark Holdings, L.P., the developer of the South
Village at Watermere development has requested the
abandonment of an existing permanent sanitary sewer easement
that is no longer necessary. The permanent sanitary sewer
easement to be abandoned is on property described as a tract of
land deeded to Keller Watermere, L.P. as recorded in Instrument
No. D207010399 of deed records of Tarrant County. The unused
portion of the sanitary sewer easement is 15 feet wide and extends
from Lot 14, Block 4 of South Village at Watermere south
approximately 605 feet to Riverbrook Way (private street). The
permanent sanitary sewer easement was granted to the City in
2006 for a sanitary sewer line that serves the Watermere
development. The sanitary sewer line had to be re-routed with the
development of the South Village at Watermere development. The
re-routing was at the expense of the developer. The unused
portion of the sanitary sewer line has been abandoned by the City.
The unused permanent portion of the sanitary sewer easement
must be abandoned so that there are no clouds on title during
future property transactions.
Approved at 1st Reading on the November 18, 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. 1108 or deny it.
Staff
Recommendation: Staff recommends approval of Ordinance No.1108, 2nd Reading,
Adopt ordinance to abandon a permanent sanitary sewer easement
in a tract of land deeded to Keller Watermere, L.P. as recorded in
Instrument No. D207010399 of deed records of Tarrant County.
Supporting
Documents: Location Map
Easement Document Instrument No. D207010399
Ordinance No. 1108
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
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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. Allen Survey, Abstract
No. 18, City of Southlake, Tarrant County, Texas, and being o portion of that certain tract of land conveyed to
Keller Watermere, L.P. 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, Block 4, South Vllage 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, Texos, and being more particularly described as follows:
COMMENCING at a 1/2 inch iron rod found for an internal corner of said South Village at Watermere, some being
in the east line of Lot 15, said Block 4, of said South Village at Watermere, some being the southwest comer of
Lot 4R2, Watermere at Southlake, an addition to the City of Southlake, Tarrant County, Texas, according to the
plat thereof recorded In Document No, D212033579, said Official Public Records, same being In the east line of
said Keller Watermere, L.P. 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, some 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 1X, 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, some being in the north line of Riverbrook Way (a
Private Street, as dedicated per sold 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 sec., and a chord bearing and distance
of South 81 deg. 54 min. 51 sec. 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-tongent 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 0 point for the southwest comer of the herein
described tract;
THENCE North 00 deg. 01 min. 06 sec. 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.
NOTES
1. IRF - Iron Rod Found
2 Bearings "a based on the west line (North 00 deg. 05 min. 42 sec, weat), a tract of land conveyed to Kailer
Watermere, LP. by deed raoord.d in Document No. D2D623526 of the Deed Retards of Tarrant County, Texas.
3. All perimeter monumente shown ins em ore ploatic capped 1/2 inch Iran rods set stamped POSER h MANION SURV.
Unless okherwTee noted.
4. UE - utility Easement
5. SSE - S-1toy Sewer Easement
6. D & UE - Drainage and utility Eoeement
7. PO - Pedestrian
& D,A. h UE - Drainage, Access, and UtWity Easement
g. OE - Drainage Easement
10. PE R UL - Pedestrian and Utility Easemenk3
11. This property has not been abstracted per the dlent's request, and this survey was perwrned without the benefit
of a title commitment, all easements may not be shown.
JOB NO.: P-1180 SSE -AB
DATE: 10/30/2014
FIELD DATE: 10/28/2014
SCALE: 1" = 60'
DRAWN: T.R.M.
FIELD: M.O.
PEISER & MANKIN
SURVEYING LLC
www.peisersurveying.com
Texas
623 E. DALLAS RDAs Society of
GRAPEVINE, TEXAS 76051 Professional
Surveyors
817-481-1806 (0)
817-481-1809 (F)
FIRM NO. 100999-00 1iem6er Since 1977
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pR�LIMI 0/30'20A4
TIMOTHY R. MANKIN
Registered Prohaalw al tawd S wsyor Na. 6122
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BOUNDARIES • TOPOGRAPHY
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JOB NO.: P-1180 SSE —AB PEISER & MANKIN
GATE: 10/30/2014 SURVEYING LLC RM.ehdwW Prrolww)4 land awwyo. No. =2
FIELD DATE: 10/28/2014 wwy,peisersurveying.com
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SCALE: 1" = 60' 623 E. DALLAS ROAD society or S
GRAPEUtNE, TEXAS 76451 Profeasivnal
Suneyore
DRAWN: T.R.M. 817-481-1806 (0) m
FIELD: M.O. 817-481-1809 {F) COMMERCIAL RESEDENTIAL
FIRM NO. 100999-00 BOUNDARIES TOPOGRAPHY
Member Since 077 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;
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
City 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.
ATTEST:
CITY SECRETARY
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2
Ordinance No. 1108
PASSED AND APPROVED ON SECOND READING ON THIS 2ND DAY OF
DECEMBER , 2014.
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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 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
, 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