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Item 4DItem 41) CITY OF SOUTH LAKE MEMORANDUM (February 17, 2015) To: Shana Yelverton, City Manager From: Robert H. Price, P.E., Director of Public Works Subject: Ordinance No. 1115, 1st Reading, Adopt ordinance to abandon permanent water, sewer and drainage easement as recorded in instrument D208339849 of the Deed Records of Tarrant County, Texas, situated in the Thomas M. Hood Survey Abstract No. 706, in the City of Southlake, Tarrant County, Texas, being part of a 72.734 acre tract as described in County Clerk File No. D206217962 of the Deed Records of Tarrant County, Texas and being more particularly described as Shady Oaks Phase 1A. (If approved at first reading, the Public Hearing will be held March 3, 2015.) Action Requested: Ordinance No. 1115, 1st Reading, Adopt ordinance to abandon permanent water, sewer and drainage easement as recorded in instrument D208339849 of the Deed Records of Tarrant County, Texas, situated in the Thomas M. Hood Survey Abstract No. 706, in the City of Southlake, Tarrant County, Texas, being part of a 72.734 acre tract as described in County Clerk File No. D206217962 of the Deed Records of Tarrant County, Texas and being more particularly described as Shady Oaks Phase 1A. (If approved at first reading, the Public Hearing will be held March 3, 2015.) Background Information: Public Works is recommending that the City abandon an unused water, sewer and drainage easement. The permanent emergency access easement to be abandoned is on property described as Thomas M. Hood Survey, Abstract No. 706, City of Southlake, Tarrant County, Texas and located at approximately 800 Shady Oaks Dr. The unused water, sewer and drainage easement is 50 feet wide and extends south from the end of Whittington Place in the Shady Oaks subdivision. The water, sewer and drainage easement was granted to the City in 2008. Terra/Shady Oaks, L.P. has completed construction and relocated the utilities that were in this easement to permanent right of way; therefore, the easement is no longer necessary. Financial Considerations: The filing fee costs for recording the new Quit Claim Deed in Tarrant County records will be the only additional costs associated with the abandonment of this 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 is under review by the City Attorney's office. Alternatives: The City Council may approve Ordinance No. 1115 or deny it. Staff Recommendation: Staff recommends approval of Ordinance No. 1115, 1st Reading, Adopt ordinance to abandon permanent water, sewer and drainage easement as recorded in instrument D208339849 of the Deed Records of Tarrant County, Texas, situated in the Thomas M. Hood Survey Abstract No. 706, in the City of Southlake, Tarrant County, Texas, being part of a 72.734 acre tract as described in County Clerk File No. D206217962 of the Deed Records of Tarrant County, Texas and being more particularly described as Shady Oaks Phase 1 A. Supporting Documents: Location Map Easement Documents Instrument No. D208339849 Ordinance No. 1115 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 Shady Oaks Phase 1A CITY OF SOUTHLAKE Utility Easement No 3 WATER, SEWER AND DRAINAGE EASEMENT THE STATE OF TEXAS § C A § COUNTY OF TARRANT § That I, Terra Shady Oaks, L.P., 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 WATER, SEWER AND DRAINAGE facilities in, into, upon, over, across, under and through all that land in Tarrant County Texas described as follows, to - wit: A 50-foot wide Permanent WATER, SEWER AND DRAINAGE Easement containing approximately 0.025 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 WATER, SEWER AND DRAINAGE 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 WATER, SEWER AND DRAINAGE 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. IN WITNESS WHEREOF, this dedication instrument is executed this 24th day of March, 2008. 1I zb?339849 / U Terra Shady Oaks, L.P. a Texas Limited Partnership By: Terra Shady Oaks GP, L.L.C. a Texas limited liability company Its: General Partner By: Bobby Harrell Executive Vice resident G GRANTOR ACKNOWLEDGEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, the u sig ed uth rity 'n and for a'd County, Texas, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing dedication instrument, and acknowledged to me that the same was executed for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this "D-Way of 2008. N TARY PUBLIC AND FOR E STATE OF TEXASi'"— — !i ;F'IPel' KIM HENNIGAN } ; Notary Public, State of Texas My Commission Expires ApC11 13, 2011 Typed or Printed Name of Notary My Commission Expires h"9yy9 p.2�G CERTIFICATE OF ACCEPTANCE This is to certify that the�1 terest and real property conveyed by this dedication instrument the day of2008, from Te-rra a%S L• P to We CITY OF SOUTHLAKE, has been duly accepted sullied to all terms and conditions contained therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dated Mayor, CI Y OF SOUTHLAKE ATTEST - City Secretary a • • M °✓r y `JJa1A'Y1A00 i0 �� AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE c/o Cristina McMurray 1400 Main Street, Suite 320 Southlake, TX 76092 Phone:817-748-8099 Fax:817-748-8077 AFTER FILING, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE c/o City Secretary 1400 Main Street, Suite 270 Southlake, TX 76092 Phone: 817-748-8016 Exhibit A LEGAL DESCRIPTION - Utility Easement No.3 (Whittington Place) Whereas, TERRA/ SHADY OAKS, L.P., a Texas Limited Partnership, is the owner of a tract of land situated in the Thomas M. Hood Survey Abstract No. 708, in the City of Southlake, Tarrant County, Texas, being part of a 72.734 acre tract as described in County Clerks File No. D206217962 of the Deed Records of Tarrant County ,Texas, and being more particularly described as follows; BEGINNING, on the south line of Shady Oaks Phase 1A, being N84025'25"W at 962.00 feet from the southeast comer of Phase 1A, also being on a non -tangent to the right, with a central angle of 01°16'59", and a radius of 825.00 feet; Thence, departing the south line of Phase 1A and with said curve to the right, for a distance of 18.48 feet; Thence, N89020'50"W, for a distance of 50.00 feet, being on a non -tangent to the left, with a central angle of 01 °31'34", and a radius of 775.00 feet; Thence, with said curve to the left, for a distance of 20.64 feet, to the south line of Shady Oaks Phase 1A; Thence, N73°23'40"E, continuing with said south line, for a distance of 15.22 feet; being on a non -tangent to the left, with a central angle of 10008'23", and a radius of 204.57 feet; Thence, continuing with said south line and said curve to the left, for a distance of 36.20 feet, to the Point Of Beginning, containing 1,087.42 square feet or 0.025 acres of land, more or less. e 3_ Z4.08 �208339849 P. JG Exhibit B CURVE TABLE 5 0 20 40 SCALE P' - 40' POINT OF �4= 3 BEGINNING --- ----) v L1 CURVE NO. DEL TA RADIUS LENGTH UP g62 2. 01'31'34" 775.00' 20. 64' 0- �20621� J. 10*08'23" 204.57' 36.20'�� �10" e( 5 F LINE TABLE e L1 N89'20'50"W - 50.00' L2 N73' 23'40"E - 15.22' Stoneburner Land Surveying March 2008 3 -?4 -06 SHAD Y OAKS PHASE 1A Utility Easement No. 3 Thomas M. Hood Survey No.706 City of Southloke Tarrant County, Texas bW3V .5 CITY OF • 1400 MAIN ST SUITE 0 SOUTHLAKE TX 7601 SUZANNE HENDERSON TARRANT COUNTY CLERK .. , iI ; #, ►♦ NOT DESTROY WARNINGPART OF THE OFFICIAL RECORD, Filed For Registr4tion: 08129/2008 03:15 P #: D208339849 6 PGS $32.00 Printed by: MV Ordinance No. 1115 ORDINANCE NO. 1115 AN ORDINANCE VACATING AND ABANDONING A PERMANENT WATER, SEWER AND DRAINAGE EASEMENT PREVIOUSLY GRANTED TO THE CITY BY TERRA SHADY OAKS, L.P. AS RECORDED IN D208339849 OF DEED RECORDS OF TARRANT COUNTY; 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 August 29, 2008, Terra Shady Oaks, L.P. granted a permanent water, sewer and drainage easement ("the easement") to the City, which easements were filed of record and are recorded in the Deed Records Of Tarrant County, Texas at D20833949; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the easements are not being used by, nor useful or convenient to the public in general, and that the public would be better served and benefited by their 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 of the City, if any, 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 water, sewer and drainage easement granted to the City on or about August 29, 2008, by Terra Shady Oaks. L.P., which easement was filed of record and recorded at D208339849 of the Deed Records of Tarrant County, Texas 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 by the filing of a quitclaim deed. A copy of the recorded easement to be abandoned is attached hereto as Exhibit A, and a copy of the quitclaim deed to be signed is attached hereto as Exhibit B. 1 Ordinance No. 1115 SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute quitclaim deeds abandoning and vacating the above -described easement to the current owner of the fee estate on which the easement is located, specifically, Terra Shady Oaks, L.P. SECTION 3 After the quitclaims deed are 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 17TH DAY OF FEBRUARY 2015. ATTEST: CITY SECRETARY ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ 2 Ordinance No. 1115 PASSED AND APPROVED ON SECOND READING ON THIS 3RD DAY OF MARCH, 2015. ■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■■ 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 water, sewer and drainage easement granted to the City by Terra Shady Oaks, L.P., as recorded in D208339849 of 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 Shady Oaks, L.P., 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. In accordance with governing law, the undersigned has been authorized to execute this conveyance by Ordinance No. 1115, passed by the City Council of the City of Southlake on March 3, 2015, a copy of which ordinance is attached hereto as Exhibit B and incorporated herein by reference. Ordinance No. 1115, DRTCT D208339849 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 , 2015. 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 , 2015. 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 Ordinance No. 1115, DRTCT D208339849