Item 6EItem 6E
CITY OF
SOUTH LAKE
MEMORANDUM
(March 3, 2015)
To: Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 1115, 2nd 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. (Approved at first reading February 17, 2015.)
Action
Requested:
Ordinance No. 1115, 2nd 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.
(Approved at first reading February 17, 2015.)
Background
Information:
Public Works is recommending that the City abandon an unused
water, sewer and drainage easement. The 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.
Shady Oaks Phase 1A was constructed in 2008. At that time, the
approved development plan showed Whittington Place to continue
south in a future phase. The utilities were extended from beyond
pavement constructed with Phase 1A for easier connection in a
future phase. In 2009, a revised development plan was approved
with an altered street layout that no longer showed Whittington
Place continuing south with the future phase. Had Whittington
place been extended as originally approved, the easement would
have been an underlying easement in public right of way. The
revised development plan from 2009 created residential lots that
are now encumbered by the water, sewer and drainage easement
that is no longer in use.
This item was approved by Council at first reading on the February
17, 2015 agenda.
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, 2nd 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 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 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
g r an t e d t o th e C i t y 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.
THE HONORABLE JOHN TERRELL, MAYOR
ATTEST:
CITY SECRETARY
2
Ordinance No. 1115
PASSED AND APPROVED ON SECOND READING ON THIS 3RD DAY OF
MARCH, 2015.
THE HONORABLE JOHN TERRELL, MAYOR
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