1115 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 D208339849; 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 a s s i g n i n g
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 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 17TH DAY OF
FEBRUARY 2015.
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THE HONORA :LE JO ERRELL, MAYOR
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Ordinance No. 1115
PASSED AND APPROVED ON SECOND READING ON THIS 3RD DAY OF
MARCH, 2015.
THE HQ JO -' 1 TERRELL, MAYOR
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APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY J
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Exhibit "B"
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 /7 774- day of
Feb (ut.f ,2015.
CITY OF • _ HLAKE, Grantor
BY:
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The onorable John T- ell, Mayor
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Lori Payne, City S cretary ' -. • °•°.• °° °••°°
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 / 7 /11 day of
, 2015.
k LORI PAYNE
NOTARY PUBLIC Notary Public in d for the State of Texas
° C011111011101I =POEM
10-27-2017
My Commission expires: 1 ( 7
After filing please return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092
Ordinance No. 1115, DRTCT D208339849
Shady Oaks Phase 1A
Utility Easement No 3
CITY OF SOUTHLAKE
WATER, SEWER AND DRAINAGE EASEMENT
THE STATE OF TEXAS § C a z ilkotiiiii„,' ''
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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 fdl 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. IZp3339811 p.
4
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
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GRANTOR
ACKNOWLEDGEMENT
THE STATE OF TEXAS , §
§
COUNTY OF TARRANT §
BEFORE ME, the u i il ed i uth 1 rity 'Oland for ii a',, County Texas, on this day
personally appeared �,�mek _ , 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 U iDER MY HAND AND SEAL OF OFFICE, this i day of
, 2008.
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N TARY PUBLIC AN FOR
E STATE OF TEXA =; „, ,,`�; KIM HENNIGAN
, Notary Public, State of Texas
i ' My Commission Expires
' April 13, 2011
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Typed or Printed Name of Notary
My Commission Expires
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CERTIFICATE OF ACCEPTANCE
This is to certify that the L ipterest and real property conveyed by this dedication
instrument the ++ 'fit day of , 2008, from
— Terra 0421-S t.-1 tote CITY OF SOUTHLAKE,
has .been duly accepted su ject to all terms and conditions contained therein, and
the City Council has consented to recordation of such dedication instrument by its
duly authorized officer.
A Iqt 200
Dated
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Mayor, CI Y OF SOUTHLAKE
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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
J23$339y4R P• 31
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 N84°25'25'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, N89 °20'50 "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 10 °08'23 ", 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.
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Exhibit B
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CURVE NO. DELTA RADIUS LENGTH
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1. Of "16'59" 825.00' 18.48' dv.5, 6 21-1
2. 01°31 '34" 775.00' 20.64' 2 °
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LINE TABLE ' •
,11 - / SHADY OAKS PHASE 7A
Utility Easement No. 3
L1 N89° 20'50"W - 50.00' 344 "De Thomas M. Hood Survey No. 706
L2 N73 °23'40 "E - 15.22' City of Southlake
Tarrant County, Texas f i Stoneburner Lond Surveying March 2008 J33`8 Q. 6
UT
CITY OF SOUTHLAKE �
1400 MAIN ST •••:; • * • •"
SUITE 310""'`
SOUTHLAKE TX 76092
Submitter: CITY OF SOUTHLAKE
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.
Filed For Regist tion: 08/29/2008 03:15 PM
Instrume #: D208339849
6 PGS $32.00
By: ■Ak
1111111111111111111111 Mil 1II1I 111 113 11
D208339849
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.
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