Loading...
Item 6I Item 6I M E M O R A N D U M (May 5, 2015) To:Shana Yelverton, City Manager From:Robert H. Price, P.E., Director of Public Works nd Subject:Ordinance No. 1116,2Reading, Adopt ordinance to abandon autility easement in a tract of land described as Lot 1, Block 1, Harrell Place,recorded in cabinet A, slide5839, of the map and/or plat records of Tarrant Countyand deeded to Jake Squyres and Daria Squyres. Action Requested: Ordinance No. 1116,2ndReading, Adopt ordinance to abandon a utility easement in a tract of land described as Lot 1, Block 1, Harrell Place,recorded in cabinet A, slide5839, of the map and/or plat records of Tarrant County and deeded to Jake Squyres and Daria Squyres. Background Information: Jake Squyres, the property ownerhasrequested the abandonment of anexisting utilityeasementthat is no longer used. The utility easementto be abandoned is on propertydescribed as Lot 1, Block 1, Harrell Place,recorded in cabinet A, slide5839, of the map and/or plat records of TarrantCounty and deeded to Jake Squyres and Daria Squyres.This property is addressed at 3155 Johnson Rd. The unused utility easement is 10 feet wide and extends from Johnson Road approximately 271 feet southand locatedalong the west side of the property. Theutility easements alongthe east, west and the north side of the lot were granted to the City of Southlake in early 1998 by platand a 10’ utility easement along the south side of the property was dedicated by separate instrument.Noutilities have been constructed in the easement to be abandoned and none are planned.The unused permanent utility easement shall be abandoned so that there are no clouds on title during future property transactions. The property owner has obtained permission to abandonthe subject utility easement from the franchise utility companies. The City’s water is available along Johnson Rd and the sewer can be serviced from the existing sewer line along Harrell Place flowing south. st The City Council approved the1Reading on April21, 2015City Council meeting. Financial Considerations: The filing feefor recording the Quit Claim Deed in Tarrant County records will be the only cost associated with the abandonment of theeasement. Strategic Link: Theeasement abandonment link’s tothe City’s strategy map relative to quality development. Citizen Input/ Board Review: None Legal Review: The ordinance has beenreviewedby the City Attorney’s office. Alternatives: The City Council may approve Ordinance No. 1116or deny it. Staff Recommendation: Staff recommends approval of Ordinance No. 1116, Adopt ordinance to abandon a utility easement in a tract of land described as Lot 1, Block 1, Harrell Place, recorded in cabinet A, slide5839, of the map and/or plat records of Tarrant County and deeded to Jake Squyres and Daria Squyres. Supporting Documents: Location Map Ordinance No. 1116 Quitclaim Deed Staff Contact: Robert H. Price, P.E., Public Works Director Cheryl Taylor, P.E.,Deputy Director of Public Works/City Engineer Om Gharty Chhetri, P.E., CFM, Civil Engineer 601 613 615611607 NLNOTGNIW RRA599 2802 082 5 2806 603 611601 605 615609 607 NLAYO LR 2935 2955 2945 TC NOILIMREV 620 616612608604600 621 629 617 625 613 609605601 141 201151131 HARRELL DR 628 600 624620616612608604 200220230210 240 629621 625 617613609 3270 435 525425419407 1629125135345333 16251633 1641 Ordinance No. 1116 ORDINANCENO.1116 ANORDINANCEVACATINGANDABANDONING A PERMANENT UTILITYEASEMENT PREVIOUSLY GRANTED TO THE CITY BY PLATANDDESCRIBED AS LOT 1, BLOCK 1,HARRELL PLACE, RECORDED IN CABINET A, SLIDE5839,OF THE MAPAND/OR PLAT RECORDS OF TARRANT COUNTY AND DEEDED TO JAKE SQUYRES AND DARIA SQUYRES;DECLARINGTHAT SUCH EASEMENTIS UNNECESSARYFORUSEBYTHEPUBLIC; AUTHORIZINGTHEMAYORTOEXECUTE A QUITCLAIMDEED RELEASINGAND ASSIGNING THISEASEMENT TO THE OWNERS OF THE FEE ESTATE;PROVIDINGASEVERABILTY CLAUSE;ANDPROVIDINGANEFFECTIVEDATE. WHEREAS, the City of Southlake, Texas (“the City”) is a homerule city acting under its poweradoptedbythe electoratepursuantto ArticleXI,Section 5 oftheTexas Constitutionand Chapter9 ofthe Local Government Code; and WHEREAS, on or about June 18, 1998,DDFW Triangle propertiesgranted a permanent utility easement (“the easement”) to the City, which easement is filed of record as plat and recorded in Cabinet A, Slide5839,of the platRecords of Tarrant County, Texas; and WHEREAS, the City Council oftheCityofSouthlake, after careful study and consideration,hasdeterminedthattheeasement is not being used by, nor useful or convenient tothepublic ingeneral, and that the publicwouldbebetterservedand benefitedbyitsvacation and abandonment; and WHEREAS, in order to remove any questionas to the continued interestin the easement,theCitydesirestoexecuteaquitclaimdeedreleasing and assigning all titleandcontrolin said easement to theowners of the fee estate on which the easement is located. NOW, THEREFORE,BE ITORDAINED BYTHECITYCOUNCILOF THE CITY OF SOUTHLAKE, TEXAS: SECTION1 The City Council finds that thepermanentutilityeasement granted to the City on or about June 18, 1998by DDFW Triangle properties, which easement is filed of record as plat and recorded in Cabinet A, Slide 5839, of the plat Records of Tarrant County, Texas, and which is attached hereto as Exhibit A, is notbeingusedby, norusefulorconvenientto thepublicin generalandthat thepublicwouldbe better served and benefited by the vacation and abandon of the easement. 1 Ordinance No. 1116 SECTION2 TheMayoroftheCityofSouthlake,Texas,isherebyauthorizedandempowered toexecuteaquitclaimdeedto theabove-described easementtothecurrent owner of the fee estate on which the easement is located, specifically,Jake Squyres and Daria Squyres. SECTION3 After the quitclaim deed is executed, the City Secretary is authorized and instructed to file it in the deed records of Tarrant County, Texas. SECTION4 Itishereby declared to betheintentionoftheCityCouncilthatthephrases, clauses, sentences,paragraphsandsectionsof thisordinanceareseverable,andifany phrase, clause, sentence, paragraph or section of this ordinanceshall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionalityshallnotaffectanyof theremainingphrases,clauses,sentences, paragraphs and sections of this ordinance, sincethesamewouldhavebeenenactedbythe City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION5 ThisOrdinanceshallbeinfullforceandeffectfromanditspassage,anditso ordained. PASSEDAND APPROVED ONFIRST READING ON THIS 21STDAYOF APRIL 2015. ________________________________________ THE HONORABLE JOHN TERRELL, MAYOR ATTEST: ________________________________ CITY SECRETARY 2 Ordinance No. 1116 PASSEDANDAPPROVEDONSECONDREADINGONTHIS5THDAYOF MAY2015. ________________________________________ THE HONORABLE JOHN TERRELL, MAYOR ATTEST: ________________________________ CITY SECRETARY EFFECTIVE: APPROVED AS TOFORM AND LEGALITY: CITY ATTORNEY 3 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: 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 utility easement granted to the City by DDFW Triangle property,filed with the County Clerk of Tarrant County, as plat and recorded in Cabinet A, Slide 5839, of the plat records of TarrantCounty, Texasis not being used by, nor useful or convenient to the public in general; and it 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, Jake Squyres and Daria Squyres, 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. 1116, 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 thatGrantee, 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 By:___________________________________ 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. 1116 ORDINANCENO.1116 ANORDINANCEVACATINGANDABANDONING A PERMANENT UTILITYEASEMENT PREVIOUSLY GRANTED TO THE CITY BY PLATANDDESCRIBED AS LOT 1, BLOCK 1,HARRELL PLACE, RECORDED IN CABINET A, SLIDE5839,OF THE MAPAND/OR PLAT RECORDS OF TARRANT COUNTY AND DEEDED TO JAKE SQUYRES AND DARIA SQUYRES;DECLARINGTHAT SUCH EASEMENTIS UNNECESSARYFORUSEBYTHEPUBLIC; AUTHORIZINGTHEMAYORTOEXECUTE A QUITCLAIMDEED RELEASINGAND ASSIGNING THISEASEMENT TO THE OWNERS OF THE FEE ESTATE;PROVIDINGASEVERABILTY CLAUSE;ANDPROVIDINGANEFFECTIVEDATE. WHEREAS, the City of Southlake, Texas (“the City”) is a homerule city acting under its poweradoptedbythe electoratepursuantto ArticleXI,Section 5 oftheTexas Constitutionand Chapter9 ofthe Local Government Code; and WHEREAS, on or about June 18, 1998,DDFW Triangle propertiesgranted a permanent utility easement (“the easement”) to the City, which easement is filed of record as plat and recorded in Cabinet A, Slide5839,of the platRecords of Tarrant County, Texas; and WHEREAS, the City Council oftheCityofSouthlake, after careful study and consideration,hasdeterminedthattheeasement is not being used by, nor useful or convenient tothepublic ingeneral, and that the publicwouldbebetterservedand benefitedbyitsvacation and abandonment; and WHEREAS, in order to remove any questionas to the continued interestin the easement,theCitydesirestoexecuteaquitclaimdeedreleasing and assigning all titleandcontrolin said easement to theowners of the fee estate on which the easement is located. NOW, THEREFORE,BE ITORDAINED BYTHECITYCOUNCILOF THE CITY OF SOUTHLAKE, TEXAS: SECTION1 The City Council finds that thepermanentutilityeasement granted to the City on or about June 18, 1998by DDFW Triangle properties, which easement is filed of record as plat and recorded in Cabinet A, Slide 5839, of the plat Records of Tarrant County, Texas, and which is attached hereto as Exhibit A, is notbeingusedby, norusefulorconvenientto thepublicin generalandthat thepublicwouldbe better served and benefited by the vacation and abandon of the easement. 1 Ordinance No. 1116 SECTION2 TheMayoroftheCityofSouthlake,Texas,isherebyauthorizedandempowered toexecuteaquitclaimdeedto theabove-described easementtothecurrent owner of the fee estate on which the easement is located, specifically,Jake Squyres and Daria Squyres. SECTION3 After the quitclaim deed is executed, the City Secretary is authorized and instructed to file it in the deed records of Tarrant County, Texas. SECTION4 Itishereby declared to betheintentionoftheCityCouncilthatthephrases, clauses, sentences,paragraphsandsectionsof thisordinanceareseverable,andifany phrase, clause, sentence, paragraph or section of this ordinanceshall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionalityshallnotaffectanyof theremainingphrases,clauses,sentences, paragraphs and sections of this ordinance, sincethesamewouldhavebeenenactedbythe City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION5 ThisOrdinanceshallbeinfullforceandeffectfromanditspassage,anditso ordained. PASSEDAND APPROVED ONFIRST READING ON THIS 21STDAYOF APRIL 2015. ________________________________________ THE HONORABLE JOHN TERRELL, MAYOR ATTEST: ________________________________ CITY SECRETARY 2 Ordinance No. 1116 PASSEDANDAPPROVEDONSECONDREADINGONTHIS5THDAYOF MAY2015. ________________________________________ THE HONORABLE JOHN TERRELL, MAYOR ATTEST: ________________________________ CITY SECRETARY EFFECTIVE: APPROVED AS TOFORM AND LEGALITY: CITY ATTORNEY 3 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: 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 utility easement granted to the City by DDFW Triangle property,filed with the County Clerk of Tarrant County, as plat and recorded in Cabinet A, Slide 5839, of the plat records of TarrantCounty, Texasis not being used by, nor useful or convenient to the public in general; and it 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, Jake Squyres and Daria Squyres, 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. 1116, 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 thatGrantee, 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 By:___________________________________ 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