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
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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