Item 6M
Item 6M
M E M O R A N D U M
(June 16, 2015)
To:Shana Yelverton, City Manager
From: Robert H. Price, P.E., Director of Public Works
Subject: Ordinance No. 1120, 2nd Reading, Adopt ordinance to
abandon permanent water, sewer and drainage easement as
recorded in instrument D208215207 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 June 16, 2015.)
Action
Requested:
Ordinance No. 1120, 2nd Reading, Adopt ordinance to abandon
permanent water, sewer and drainage easement as recorded in
instrument D208215207 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.
st
(Passed 1 reading on June 2, 2015 agenda.)
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
easement is 50 feet wide and extends west from Shady Oaks
Phase 1A in the Shady Oaks subdivision through Shady Oaks
Phase IV to Peytonville. The 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
relative to Corporate Focus Area of Quality Development.
Citizen Input/
Board Review:
None
Legal
Review:
The ordinance is under review
Alternatives:
The City Council may approve Ordinance No. 1120 or deny it.
Staff
Recommendation:
Staff recommends approval of Ordinance No. 1120, 2nd Reading,
Adopt ordinance to abandon permanent water, sewer and drainage
easement as recorded in instrument D208215207 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.
Supporting
Documents:
Location Map
Easement Documents Instrument No. D208215207
Ordinance No. 1120
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
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EASEMENT TO BE ABANDONED
WATER, SEWER AND DRAINAGE
Location Map
Shady Oaks III
Shady Oaks IV
Ordinance No. 1120
ORDINANCE NO. 1120
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 D208215207 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 June 6, 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
D208215207; 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 June 6, 2008, by Terra Shady Oaks. L.P., which
easement was filed of record and recorded at D208215207 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.
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Ordinance No. 1120
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 2ND DAY OF
JUNE, 2015.
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
CITY SECRETARY
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Ordinance No. 1120
PASSED AND APPROVED ON SECOND READING ON THIS 16TH DAY OF
JUNE, 2015.
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
ΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗΗ
CITY SECRETARY
EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
____________________________________
CITY ATTORNEY
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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 D208215207 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.,
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. 1120, passed by the City Council of the City of Southlake on June
16, 2015, a copy of which ordinance is attached hereto as Exhibit B and incorporated herein by
reference.
Ordinance No. 1120, DRTCT D208215207
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
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 Laura Hill, Mayor
ATTEST:
_____________________________________
Lori Payne, City Secretary
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Laura Hill,
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. 1120, DRTCT D208215207