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1120Ordinance 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. 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. /� ATTEST: 0Jes co CITY SECRE RY s v% 2 Ordinance No. 1120 PASSED AND APPROVED ON SECOND READING ON THIS 16TH DAY OF JUNE, 2015. ATTEST: Lq,FJ Ma O • ..�0\ co • ._ CITY SECRET Y EFFECTIVE: APPROVED T FORM LEGALITY: �.Ce' CITY ATTORNEY - 3 f�" IRS vqa, cv lt,', V <'V �V Exhibit A 'BCODAv I Shady Oates Phase 1A CITY OF SOME LAKE UtUity Easement No.1 WATER, SEW M AND DRAMAGE EASEMENT THE STATE OF TEXAS § OFFICIAL RECORD COUNTY OF TARRANT § That i, xe hada Oaks. L.P„ GRANTOR herein, for and In consideration of flee spm of Ten ($10A1) Dollars and ether good and valuable consideratbn in hand paid by the CITY OF SOUTBLA E, home rale municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, idle reodpt and suffldency of which is hereby acknowledged and eon, do hereby giant, sell and convey onto the said GRANTEE a permanent and perpetual easement for the purpose of hang, repairing, maintahAng., .altering, rept dn& rebating, r&WMing, removing, and operating IMM M AND DRAINAGE facilities in, int% upon, over, ac cess, ander and through all that land in Tenrant County Texas described as follows, to - wit: A Permanent WAM SEWER AND_DRAINAGN Easement containing apI' US *axes, as more particularly describedIn 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 mvenants and agrees that GRANTOR and GRANTOR's heirs, representadv+es, success= and sedges shall at no alma erect, place or construct, or cease to be erected, placed or constructed bk into, upon, over, across or ander any its granted herein any temporary or pemanent shwetares, and it is further agreed that GRANTEE shall have the right to excavvAe and till open said permanent easement and to remove tram. said permanent easement, ay fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent NAM SEWER AND RMINAg a, 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 successocs and .asigus, and said grant Is mWes* awepted from any right of reversba of said premises ander any prior clads in GRANTOR's chain of titles The Permanent WATER. SEWER AND DRAINAGE Easaaw n4 rights and privileges graded therein are a wladv% and GRANTOR covenants that it will not convey my other easement or conQicling rights within the area covered by the grant to soy other IN WITNESS V HE' MOF, this dedication instrowwaet is czecuted this 2nd day of M5 10621520 p.)I9 Terra Shady Oaks, L.P. a Texas Mulled Partnership By: Terra Shady Oaks GP, "C- a Texas Unified lability company Its: General Partner By: Pard Spain President GRANTOR THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, thethoarity and for saWCounty, Texas, on this day ply appeared o'"-�.-' kw" to me to be the person when name abs subscribed to 06 foregsh>fg dedieaiiaaoa went, and adaaaw to we that the same was executed for the purposes and consideration therein expressed, and ha the cgmdty dw ein stated. MY HAND AND SEAL OF OFFICE, this _cmi—day of 2008. ARY PUBLIC IN AND FOR STATE OF TEXAS Typed or Printed Name of Notary My Codon Expires � wKIM HENN aGAol Y Notary Pnblc, State of Texas 1 My CommisaaonExpires Ap1111 S, 2011 b20S21520? p.249 CERTIFICATE OF ACCEPTANCE This is to certt thatbf t�nterat awl real conveyed by this dedicatlon insUrinment of 2008, firom er�e� s to we CITY OF SOUTHLAKE, has been duly accqAed subject to all terms and moons contained dmrdnp and the City Coundi has consented to rewrdation of sueh dedication instrument by its duly au*arixied ofllcer. fy) 200$ Dated IWI AFTER EXECUTION BY GRANTOR, PLEASE RETURN ORIGINAL TO: QTY OF SOUIHLAKE do Cristiva Md u my 1400 NWo Sftvd, Suite 329 Soudd ke, TX 76092 P6oncU7-7484099 Mw 817-7484W7 AFTM FILMG,. PLEASK-RETURN ORIGII�TAL TO: CITY OF SOUTBLAKE e/o City Secretary 1480 Main Street, Suite 278 $oatid" TX 76092 Phone: 817-748-M D2oYz1s2o7 a3j9 Exhibit A LEGAL DESCRIPTION - Utility Easement No.1 ( Water, Sewer and Drainage Esmt.) Whereas, TERRAI SHADY OAKS, L.P., a Texas Limited Partnership, Is the owner of a tract of tarrd situated In the Thomas M. Hood Survey Abstract No. 708, in the City of SoutNake, 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; Commencing, at the northwest comer of the 72.734 acre tract, being in the east line of Peytonville Avenue (Variable R.O.W.); Thence, S00W59"E, with the east line of PwAornville Avenue and the west line of the 72.734 acre tact, for a distance of 595.57 feet, to the Point Of Beginning, being on a non -tangent curve to the left, with a central angle of 11 °24`47" and a radius of 192.50'; Thence, departfg the east One of Peytonville Avenue and the west line of the 72.734 acre tract, and with said curve to the left for an arc distance of 38.35 feet, to the point of tangency; Thence, N75W40"E, for a distance of 185.98 feet; Thence, N1 5150M, for a distance of 26.67 feet; Thence, N74005'45"E, for a distance of 50.00 feet, Thence, S15054115"E, for a distance of 30.96 feet, to the point of curvature of a curve to the right, with a central angle of 47°58'01 ", and a radius of 225.00 feet Thence, with said curve to the right, for an arc distance of 188.36 feet, to the point of tangency; Thence, 832W45*W, for a distance of 1.96 feet, to the point of curvature of a curve to the lett, with a central angle of 127°50'48", and a radius of 75.00 feet; Thence, with said curve to the left, for an are distance of 167.35 feet, to the point of tangency; Thence, N84013'00"E, for a distance of 149.07 feet, to the point of curvature of a curve to the left, with a central angle of 9"26'38", and a radius of 475.00 feet; Thence, with said curve to the left, for an arc distance of 78.29 feet, to the point of tangency; Thence, N74046'22"E, for a distance of 127.11 feet, to the point of curvature of a curve to the right, with a central angle of 28031140", and a radius of 310.00 feet; Thence, with said curve to the right, for a distance of 154.35 feet, to the point of tangency; Thence, S78041'59"E, for a distance of 117.72 feet, to the point of curvature of a curve to the left, with a central angle of 14017'35", and a radius of 475.00 feet; Thence, with said curve to the W, for a distance of 118.49 feet, to the point of tangency; Thence, N89°00'27"E, for a distance of 166.60 feet; b2052U p. 419 Thence, N44051140"E, for a distance of 7.17 feet, being on a non -tangent curve to the right, with a central angle of 1"4621, and a radius of 839.00 feet; Thence, with said curve to the right, for a distance of 25.71 feet; Thence, S87°11'17"E, for a distance of 64.00 feel, being on a non -tangent curve to the left, with a central angle of 12020'04", and a radius of 775.00 feet; Thence, with said curve to the left, for a distance of 166.84 feet, to the point of tangency; Thence, S09"31'21"E, for a distance of 106.47 feet; Thence, S48046'14"E, for a distance of 15.49 feet, being on a non tangent curve to the left, with a central angle of 80040", and a radius of 951.80 feet; Thence, with said curve to the left, for a distance of 148.31 feet, to the west fine of Shady Oaks Phase 1A, being on a non -tangent curve to the right, with a central angle of 4622'26",. and a radius of 840.00 feet; Thence, with said curve to the right and the west lime of Shady Oaks Phase 1A, for a distance of 64.13 feet, being on a non -tangent curve to the right, with a central angle of 12°16210,. and a radius of 1015.80 feet: Thence, with said curve to the right, for a distance of 217.58 feet; Thence, N09031'21 '%V, for a distance of 152.57 feet, to the point of curvature of a curve to the right, with a central angle of 6028'51", and a radius of 839.00 feet; Thence, with said curve to the right, for a distance of 94.90 feet; Thence, N46°50'47"W, for a distance of 7.17 feet; Thence, S8900027"W, for a distance of 156.60 feet, to the point of curvature of a curve to the right, with a central angle of 14017'35", and a radius of 525.00 feet; Thence, with said curve to the right, for a distance of 130.97 feet, to the point of tangency; Thence, N76°41'57W, for a distance of 117.72 feet, to the.point of curvature of a curve to the left, with a central angle of 28031'400, and a radius of 260.00 feet; Thence, with said curve to the left, for a distance of 129.45 feet, to the point of tangency; Thence, S74046'22"W, for a distance of 127.11 feet, to the point of curvature of a curve to the right, with a central angle of 9°26'38", and a radius of 525.00 feet; Thence, with said curve to the right, for a distance of 86.53 feet; to the point of tangency; Thence, SWITO0"W, for a distance of 149.07 feet, to the point of curvature of a curve to the right, with a central angle of 127°50'491, and a radius of 125.00 feet; Thence, with said curve to the right, for a distance of 278.92 feet, to the point of tangency; Thence, N32°03'45"E, for a distance of 1.96 feet, to the point of curvature of a curve to the left, with a central angle of 44027'42", and a radius of 175.00 feet; 2O22152 D7 p. 5� 1 Thence, S7500940"W, fora distance of 185.42 feet, to the point of curvature of a curve to the right, with a central angle of 110381920, and a radius of 207.50 feet; Thence, with said curve to the right, for an arc distance of 42.14 feet, to the west line of said 72.734 we and the east line of Peytonville Avenue; Thence, N000205M, with sold line, far a distance of 15.02 feet to the Point Of Beginning, containing 102,609.62 square feet or 2.356 acres of land, more or less. Bearings referenced to the City of Southiske Control System. ,,e .pZ-o8 �20S%2152DQ jq POINT OF eEGINMG to $ l� sWV a� W ' ZVtrf- 0 Exhibit B CURVE TABLE CURVE NO. DEL TA RADIUS LENGTH 1. 11&24'47-v 192.50' 38.35' 2. 11&38112A' 207.50' 42.14' 3. 4402742" 175.00' 135.80' o Sao 200 4. 47.58'01 " 225.00' 188.36' scm r: r - wr 5. f27050'96" 75.00 ' 167.35' 6. 127950'46" f25.00' 278.92' 7. 0902638" 475.00' 78.29' 8. 09026'38-v 925.00' 88.83' 9. 28031'40" 310.00' 154.35' 10. 28*3f'40N 260.00' 129.45' Nge}yT00'E C7 - ,�,or CIN cs vz/ 4414 00 • ------ A OS 1 ryp 3 Lot 7 -- RSV$ i$Z % Lot 2 I F lots stmeb caner Land 3rrrveft AW 2+0'08 - i6401 W t,. �t o� SHADY OAKS PHASE 1A- water, A- water, Sewer ana► ura/nage tsim. Thomas M. Hood Survey No. 706 City of Southlake Tarrant County Texas , of 8 Exhibit B 0. %00 �1 00, o� t �e� �O` X644 h ell X9601M 4Y X6°4 012 SSS -00-27" W a°A Irr-O&O?* % Lot 4 i 11 f jA �9• f.�'f , ' R 8 ALJ / Lot 5 1� Monebvmer Land Surveying MaY 2008 �P 9� Ito- 4� CMVE TABLE CURVE NO. DEL TA P W w� RADIUS 40—$T11 11. 14• f 7'35" 475.00' 118.49' U. 13. 14•f735" 01'45'2f" 525.00' 839.00' 130.97' 25. 71' SHADY OAKS PHASE IA- M 15. 06.28'51 ' 12'20'04' 839.00' 775.00' 94.90' 166.84' Water, Sewer and Drainage Esm t., 16. 08055'40' 95f.80' 148.31' Thomas M. Hood Survey No. 706 17. f2.1 s'2f " 1015.80' 217.58' City of Sou th/ake f8. 04.22'26" 840.00' 64.13'* Torran t County, Texas 20121 s : . - CITY SECRETARY CITY OF SOUTHI.AKE 1400 MAIN 270 SOUTHLAKE TX 75092 Submber: CITY OF SOUTHL.AKE - ZSLKE-001 SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76186-0401 DO NOT DESTROY WARN/NG - THIS IS PART OF ME OFFICIAL RECORD. Ftd For :Iswt a OB1r�B1 M 02:6e PM lnahunient DM215207 E 9 PGS $44.00 olimilmilmill 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. Primed by: WD 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 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., 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. 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 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 2-j'' day of 3u,r e- , 2015. CITY OF SOU1bHLA , Grantor By: The Tfonforable Laura Hill, Mayor ATTEST: %�.``'�uTHl,gk'''.�� ' O ' 00 ;0) Lori Payne, City cretary •., •.• 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 23rc( day of c1 tz 12015. Pte- Y �'`►*r LORI PAYNE Notary Public in d for the State of Texas NOTARY PUBLIC a 10 O 710-2-1-2-017 My Commission expires: After filing please return to: City Secretary City of Southlake 1400 Main Street Southlake, Texas 76092 Ordinance No. 1120, DRTCT D208215207 e) A inn ,Na�v, Mc V<)/, �a Exhibit A .egADA\1 i its VIL Stately Oaks Phase -1A "]'* Utility Easart8nt No. i CITY OF SOUTELAKE WATER, SEWER AND DRAINAGE EASEMENT THE 5TATE of TECA5 OFFICIAL RECORD § COUNTY OF TARRANT § A Famment WATER. WEB AND DRAINAGE Emem nt camdsimdng aPP� M =14 as ssm Poly desaiW In Exi1bit "A" and Ww" on EjH* "B" attached hu0b and haorporatod herein. IN WITNESS W'HREOF, this deal eadon bsUlment h eseaued Me 2nd day of X8215207 p.►I9 r Tanta Shady Oaks, L.P. a Talcs Limited Pertom Wp By: Tarry Shady Oaks GP, L.L.C. a Talcs M=ired lmbfity coamPmw Its: Gamrai Partner By: Pant Spam Pfeddent GRANTOR THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, theority and for smWCnnnty, Tars, antbis day personsd� lova to me to he the person vvheso Weare is sa mrsed to Al hrqping dedwam Li nt, and -&-uvto me that the same wu encuted for the purposes and eouddaradon dierela aq essed, and In the capacity d rdn stnbed. RIX HAND AND SEAL OF OFFICE, this �., of 2068. MY PUBLIC IN AND FOR STATE OF TEXAS Typed or Prbnted Name of Notary My Coffin Expire$ mllKIM RENNIGM Notary Pubs,Sten d Teams MY Apt! 1gr �E�ares b29215207 P.249 CERMCATE OF ACCEPTANCE Tkis b to cerft dot &a i�!terest and real conveyed by dais d on instrsrmmt of 2008, fiam erG to fhe CI•rY OF soumuuw6 has ban duly wcqAed subdect to aN terms ami mom eonbkm d dxrebo, and Me City Comeff buss emsented to reeordaden of such dedbesliout int by its duly au**d=d ditw. n2 2.00-5 Dated` ELI M -M, U "'0 ="'M AFM UTION NY GRANTOR, PLEASE RETURN ORIGINAL TO: CITY OF SOUTHLAKE do Cdofte Md&umy 1490 NWm Street, Sadte 320 Souftbe, TX 96092 Fbma817-7484999 Fac 817 7494MM AFTER IgM%.�RETURN ,OSIGMKAL TO: C,1TY OF SOUTHLAKE rlo Ciaty Seerelary 1400 bkAlm SttW4 Saxe 279 Sooddeim,TX76M Pbtoae: 817-7484M D2DSz152o7 P. 319 Exhibit A LEGAL DESCRIPTION - Utility Easement No.1 ( Water, Sewer and Drainage Esmt.) Whereas, TERRAI SHADY OAKS, L.P., a Texas Ltmithd Partnership, is the owner of a tract of lard situated in the Thomas K Wood 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 pile No. 0206217562 of the Deed Records of Tarrant County,Taxes, and being more parr described as fellows; Commencing, at the northwest comer of the 72.734 acre trach, being in the east line of Peytonville Avenue (Variable R.O.W.); Thence, S00W59 @, with the east line of Peytonville Avenue and the west One of the 72.734 acre tract, for a distance of 585.57 feet, to the Point Of Beginning, being on a non -tangent curve to the left, with a central angle of 11°24'47" and a radius of 192.W; Thence, departing the east One of Pey6onville Avenue and the west yne of the 72,734 acre tract, and with said curve to the left for an aro distance of 38.35 Beet, to the point of tangency; Thence, N75W4M, for a distance e of 185.98 feet; Thence, N1595CIM, for a distance of 26.67 feet; Thence, N744105'45"E, for a distance of 50.00 feet; Thence, 815"54'15"E, for a distance of 30.96 feet, to the point of curvature of a curve to the right, with a central angle of 47058'01", and a radius of 225.00 feet; Thence, with said curve to the right, for an arc distance of 188.36 feet, to the point of tangency; Thence, 832W45"W, for a distance of 1.98 feel, to.the point of curvature of a carve to the left, with a central angle of 127°50'46", and a radius of 75.00 feet; Thence, with said curve to the left, for an arc distance of 167.35 Beet, to the point of tangency; Thence, N84018'00"E, for a distance of 149.07 feet, to the point of curvature of a carve to the lett, with a central angle of 9028'38", and a radius of 475.00 feet] Thence, with said curve to the left, for an arc distance of 78.29 feet, to the point of tangency; Thence, NM4622"E, for a dls a roe of 127.11 feet, to the point of curvatcare of a curve to the right, with a central angle of 28°31'40", and a radius of 310.00 feet; Thence, with said curiae to the right, for a distance of 154.35 feet, to the point of tangency; Thence, S76041'SWE, for a distance of 117.72 feet, to the point of curvature of a curve to the 19% with a central angle of 14017'35", and a radius of 475.00 fee% Thence, with said curve to the lm% for a distance of 118.49 feel, to the point of tangency; Thence, N89100'27"E, for a distance of 186.80 feet; b2(1215201 P. 4 1 q Thence, N44°51'40"E, for a distance of 7.17 feet, being on a non -tangent curve to the right, with a central angle of 104921", and a radius of 839.00 feed Thence, with said curve to the right, for a distance of 25.71 feet; Theme, sari vi TE, for a distance of 64.00 feet, being on a non -tangent curve to the left, with a central angle of 12020'04", aid a radius of 775.00 feet; Thence, with said awe to the teff, for a distance of 165.84 feet, to the point of tangency; Thence, S09°31'21 "E, for a distance of 105.47 feet; Thence, 848"48'14"E, for a distance of 15.49 fit, being on a nonatangent curve to the left, with a central angle of 8°5540", and a radius of 951.80 feet; Thence, with said carve to the left, for a distance of 148.31 feet, to the west 8ne of Shady Oaks Phase 1A, being on a non -tangent curve to the right, with a central angle of 4622'26",. and a radius of 840.00 feet; Thence, with said curve to the right and the west line of Shady Oaks Phase 1A, for a distance of 64.13 feet, being on a non -tangent curve to the right, with a central angle of 12016210,. and a radius of 1015.80 feet; Thence, with said curve to the right, for a distance of 217.58 feet; Thence, N09°31'21 "W, for a distance of 152.57 feet, to the point of curvature of a curve to the right, with a central angle of 6°28'51", and a radius of 839.00 feet; Thence, with said curve to the right, for a distance of 94.90 feet; Thence, N46"W47"W, for a distance of 7.17 feet; Them, S8900027"V1f, for a distance of 165.60 feet, to the pant of curvature of a curve to the right, w8h a cerrttal angle of 14017'35", and a radius of 525.00 feet; Thence, with said curve to the right, for a distance of 130.97 feet, to the point of tangency; Thence, N7604159W, for a distance of 117.72 feet, to the. point of curvature of a curve to the left, with a central angle of 28°31'40", and a radius of 260.00 feet; Theme, with said curve to the left, for a distance of 129.46 feet, to the point of tangency; Thence, S7404922"W, for a distance of 127.11 feet, to the point of curvature of a curve to the right, with a central angle of 9°26'38", and a radius of 525.00 feet; Thence, with said curve to the right, for a distance of 86.53 feet to the point of tangency; Thence, S84'13'00"W, for a distance of 149.07 feet, to the pant of curvature of a curve to the right, with a central angle of 127°50'46", and a radius of 125.00 foet; Thence, with said curve to the right, for a distance of 278.92 Best; to the pant of tangency; Thence, N32W45"E, for a distance of 1.96 feet, to the point of curvature of a curve to the left, with a central angle of 44027'421, and a radius of 175.00 feeii )120221520 p 519 Thence, 875OW40W, for a distance of 185.42 feet, to the point of curvature of a curve to the right, with a oentrai angle or 11°38'12", and a radius of 207.50 feet; Thence, with said curve to the rWK for an am distance of 42.14 feet, to the west line of said 72.734 we and the east line of Peytonville Avenue; Thence, NOO°205M, with said line, for a distance of 15.02 feet to the Point Of Beginning, Contwning 102,609.82 square feet or 2.356 aces of land, more or less. Hearings referenced to the City of Southiake Control System. r ,5 ,oz -Ob b2C92152070Jq hid z co t�e,W CIO -- _...--------- i -___.— s;.6z_0& 3A Sot .l { 1 Lot I 'a$ • Kai�$Z Lot 2 Sionehurner Lord Surveydng A4oY 2W6 --"'-.� ' SHADY OAKS PHASE 1A Yater, Sewer and Drainage Esmt Thomas M. Hood Survey No. 706 City of Southlake Tarrant County Texas , Exhibit 8 CURVE M&E Irv CURVE NO. DEL TA RADIUS LENGIf! im PMT OF e�tv to 11 °24'47" 192.50' 38.35' toog�oa' . tag. 2. 11.38'12, 207.50' 42.14' 3. 44°27'42" ' 175.00' 135.80' o ao zoo 47.58'01 225.00' 188.36' scae: r - wa 5. 127"50'46"' 75.00 ' 167.35' C2 6. 127.50'46°' 125.00' 278.92' 7. 09.26'38" 475.00' 78.29' 8. 09.26'380 025.00' 88.83' 9. 28*J140" J10.00' 154.35' ah 10. 28"31'40" 260.00' 129.45' co t�e,W CIO -- _...--------- i -___.— s;.6z_0& 3A Sot .l { 1 Lot I 'a$ • Kai�$Z Lot 2 Sionehurner Lord Surveydng A4oY 2W6 --"'-.� ' SHADY OAKS PHASE 1A Yater, Sewer and Drainage Esmt Thomas M. Hood Survey No. 706 City of Southlake Tarrant County Texas , C Exhibit Q -04004 00-0 A0009, ' a0• 06,01 M Ott % Lot 4 t /C %i of -toe j). ! { � r f Lot 5 CWQ �� I 9taaebvmer Land 9urVO)ft MaY 2X8 s ww go$ 8�p'lp�n dto ! Ir'O lo- �0 CMVE TABLE CURVE NO. DEL M RADIUS I it. 14° 1 735" 415.00' 118.49' 12. 13. 140fT'35" 01045121" 525.00' 839.00' 130.97' 25. T1' SHADY OAKS PHASE 1A - Y4. f5. 06.281*51 a 12620'04" 839.00' 775.001, 94.90' 166.84' Water, Serer and Drainage Esme 16. 08.55'40" 951.801, 148.311, Thomas M. Hood Survey No. 706 17. 12.161,21" tots. 80, 217.58' City of SouMloke 18. 04.2226" 840.00' 64.13' Tarrant County, Texas P � ? CITY SECRETARY CITY OF SOUTHLAKE 1408 MAIN 270 SOUTHLAKE TX 76092 Submitbr.. CITY OF SOUTHLAKE - ZSLKE-001 SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 78186-0401 DO NOT DESTROY WARN/NG - MIS IS PART OF THE OF�CIAL RECORD. Filed For 0010612m om pm lnatrumene DMISM E 9 pas $44.00 D208216207 ANY PROVISION WHICH RESTRICTS THE SAIF, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. PdnW by: WD 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 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., 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. 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 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 Un ATTEST: Lori Payne, City Secretary STATE OF TEXAS COUNTY OF TARRANT The Honorable Laura Hill, Mayor 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 12015. 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 I Z\ .eq-4vAv i 1(c,, Shady Oaks Phue 1A vi Ut#fty Easement No. f crrY OF SOUTE WATER, SEWER AND DRAINAGE EASEMENT OFFICIAL RECORD THE STATE OF TEXAS § CGUNTY M TARRANT A Pert WATER. 88WER AND RBAINAGE E memmt up lib 1230 mv4 as mn pw*obrV desFed In Eft "A°' mad dwm on Emit 4%" attached haeft and inaorpwated bmbL IN WITNESS WOOF, this dedledsn in & memt b wed dds Znd day of MM208L '12082152D7 p.)I9 Tatra Shady Oalos, L.P. a Two KAMM Panne s* By: Terra Shady Oars GA L.L.C. a Term himW MdAlty company Its: General Parbw GRANTOR i ' r+ i. —�Ajl THE STATE OF TEXAS COUNTY OF TARRANT BMW bm the s%dbally and for ra*Comty, Tem, on d6 day penonaliyQzl, �a I to om to on to be do perm where name is snhrarlbed to & %eI de ion Whumm , wd adaaenvh:dped to mo that the same was eneated for the purpows ad ooneidustim dwrdn eapraaed, and In the copeft therein stated. AIY HAND AND SEAL OF Off ICB, #* of 2698. _ AIRY PUBLIC IN AND FOR STATE OF TEXAS Typed or Printed Name of Notary MyCoamodi" Expim CERTIFICATE OF ACCEFTANCE Tbb is to car* dwt�:bitf&u" siod red P—m--Rw--wy emveyed by 05 dedication s fo fbe MY OF SOUTHXAK16 bw been d* sompied wb* al teras and couffA low cold dwreh, and the City Comm bas consented to rawdidomi of web dodkWm tit by tis duly ardtodmd oMcer. Dated **} AFMR, SON BY GRANTOR, PLBAW RETURN ORIGPfAL TO: CITY OF SOUS db Cris m Mdairmy 1480 Mails Street, Sage 320 Bow, TX 76092 Pt1ona817-7484M Fa= 817-7484W7 A FU.JN , PLLASE:'7UM VRIGNAL O: aff OF SOU EL AZE d0aiYametary 1480 Main Street, Me 2'70 S I I a - be, TX 76092 Ptimm 817748-M D2o9z►520 p.319 Exh1* A LEGAL DESCRIPTION - Utility Easement No.1 (Water, Sewer and Drainage Esmt.) Whereas, TERRAI SHADY OAKS, L.P., a Texas Limited Partnership, Is the owner of a tract orf land situated In the Thomas M. flood Survey Abstract No. 708, In the City of Soultd" Tanen County, Texas, being pert of a 72.734 acne tract as described in County Clerks File No. D2062179M of the Deed Records of Tarrant Courdy ,Texas, and being more particularly described as follows; Commencing, at the ra wedst comer of the 72.734 acre trach, being In the east line of Peytonville Avenue (Variable R.O.W.); Thence, S00°20 WT, with the east lure of Peytonville Avenue and the west fine of the 72.734 acre tract, fbr a dh fano of 595.57 feet, to the Point Of Beginning, being on a iron -tangent curve to the left, with a central angle of 11 "207" and a radius of 192.50'; Thence, departing the east We of Peytonville Avenue and the west line of the 72,734 acre tract, and with said curve to the left for an arc distance of 38.35 feet, to the point of tangency; Thence, N75°b8'40"E, fox a distance of 185.98 feet; Thence, N15°54'15"W, foar a distance of 26.67 feet; Thence, 1474005145"E, for a disfanc a of 50.00 feed Thence, 815'54'15"E, for a fiance of 30.96 feet, to the point of curvature of a curve to the right, with a central angle of 47°58'01 ", and a radius of 225.00 meet; Thence, with said curve to the right, for an arc distance of 188.36 feet, to the point of tangency; Thence, 832°03145"W, for a dietanrce of 1.96 feel, to.the point of curvature of a curve to the left, with a central angle of 127'50'46", and a radius of 75.00 feet; Thence, with said curve to the left, for an arc distance of 167.35 feet, to the point of tangergr, Thence, N84°13'00"E, for a distance of 149.07 feat, to the point of curvature of a curve to the left, with a central angle of 9028'38", and a radius of 475.00 feed Thence, with said curve to the left, for an arc distance of 78.29 feet, to the point of tangency; Thence, N74°4VZrE, for a distance of 127.11 feet, to the point of curvature of a curve to the right, with a central angle of 28031'400, and a radius of 310.00 feet; Thence, with said curve to the right, for a distance of 154.35 feet, to the point orf tangency; Thence, 876941'59"E, for a distance of 117.72 feet, to the point of curvature of a curve to the left, with a central angle of 14°17'35", and a radius of 475.00 feet; Thence, with said curve to the left, for a distance of 118.49 feet, to the point of tangency; Thence, N8900027"E, for a distance of 1;93.80 feet; b 2DI2162b7 P. 4 1 q Thence, N"051 140T-, for a distance of 7.17 fest, being on a non -tangent curve to the right, with a central angle of 1046210, and a radiue of 839.00 feet Thence, with said curve to the right, for a distance of 25.71 feet; Thence, 887*11'im for a distance of 64.00 feet, being on a non -tangent curve to the left, with a central angle of 12°20'04", and a radius of 775.00 feet; Thence, with said trove to the lett, for a distance of 165.84 feet, to the point of tangency; Thence, 809"3121"E, for a distance of 106.47 fleet; Thence, 848°46'14"E, for a distance of 15.49 feet, belt on a nan4angent curare to the left, with a central angle of 805540", and a radius of 951.80 feet; Thence, with said curve to the felt, for a distance of 148.31 feet, to the west line of Shady Oaks Phase 1A, being on a non-twrgent cave to the right, with a central angle of 4°22'26",. and a radius of 840.00 fleet; Thence, with said curve to the rpt and the west line of Shady Oaks Phase 1A, for a distance of 64.13 feet, being on a non -tangent curve to the right, with a ow" angle of 12°16'21 ",.. and a radius of 1015.80 feet; Thence, with said curve to the right, for a distance of 217.58 feet; Thence, N09"3121"W, for a distance of 152.57 feet, to the point of curvature of a curve to the right, with a central angle of 6'28'51", and a radius of 839.00 feet; Thence, with said curve to the right, for a distance of 94.90 feet; Thence, N46°50'47"W, for a distance of 7.17 feet; Thence, S89000279W, for a distance of 166.60 feet, to the point of curvature of a curve to the right, with a central angle of 14017W, and a radius of 525.00 feet; Thence, with said curve to the right, for a distance of 130.97 feet, to the point of tangency; Thence, N7604119"V11, for a ice of 117.72 fit, to the.polnt of curvature of a curve to the left, with a central angle of 28°8110", and a radius of 260.00 feet; Thence, wish said curve to the left, for a distance of 129.45 feet, to the point of tangency; Thence, 87404922"W, for a distance of 127.11 feet, to the point of curvature of a curve to the right, with a ce, M I angle of W2938", and a radius of 525.W feet; Thence, with said carve to the right, for a distance of 86.53 feet; to the point of tangency; Thence, S84"1V00"W, fcr a distance of 149.07 feet, to the point of curvature of a curare to the right, with a central angle of 12rW461, and a radius of 125.00 feet; Theme, with said curve to the right, for a distance of 278.92 fast; to the point of tangency; Thence, N32"03'45"E. for a distance of 1.96 feet, to the point of curvature of a curve to the RA with a central angle of 44°27'42", and a radius of 175.00 feet* b2O22152D7 p 517 Thence, 87500940"W, for a distance of 185.42 feet, to the point of curvature of a curve to the right, with a central angle of 110381120, and a radius of 287.50 feet; Thence, with said curve to the right, for an am distance of 42.14 feet, to the west line of said 72.754 acre and the east line of Peybnville Avenue, Thence, W0002059"W, with said line, for a distance of 15.02 feet to the Point Of Beginning, cont�ning 102,6099.82 square feet or 2.358 acres of land, more or less. Bears Mfe w ced to the City of Southiake Control System. ,,,. .pZ-ob �0215207 p.�Jq o0 z 1 WMI Nol VVI Exhibit 0 0 404 — — — — — — — I I Lot I Lot t t E 401' Stonaburner Lmid &mwoV AkY 2WO t9� off' Too t SHADY OAKS PHASE 1A Water, Sewer and Drainage Esm t. Momos M. Hood Survey No.706 City of Southlake Tarrant County, Texas , o€ 2 CIJRW TABLE t�6tA°p �b CURVE NO. DELTA RADIUS LENGTH rp f. 11&2447' 192.50' 38.35' 2. 11.38' 12" 207.50' 42. 14' J. 44.27'42" 175.00' 135.80' 4. 47.58 "Of " R25. 00' 188.36' 5. 127.50'46' 75.40 ' !67.35' 6. 127.50'46" (2'3.00' 278.92' 7. 09.26'38" 475.00' 78.29' 8. 09.26138' 525. 00' 8B• 53' 9. 28.31'40" 310.00' 154.35' t f0. 28*31'40'' 260.00 129.45' ce 0 0 404 — — — — — — — I I Lot I Lot t t E 401' Stonaburner Lmid &mwoV AkY 2WO t9� off' Too t SHADY OAKS PHASE 1A Water, Sewer and Drainage Esm t. Momos M. Hood Survey No.706 City of Southlake Tarrant County, Texas , o€ 2 5 eo 10 ow t � ,fit 07,72; C12 or, % Lot 4 i Itlk ! 6�NOP4, 3a s' j g %' f �' tl Lot s Sftwbvmer Land Sbrwjft U dY 20x8 Exhibit B CURW UAE CURVE NO. DEL TA f f. f4.19"35" 475.60' 118.49' f8. 13. 14• !7'95" 01045'2f'w $25.00' 839.0M0' 130.97' 25.7f' SHADY OAKS PHASE 1A f4. f5. 06.28'$1 " 12@20'04' 839.001 775.00' 94.90' 166.84' Water, Sewer and Drainage Esm t. M 08.55'40" 951.80' 148.3!' Thomas M. Hood Survey No. 706 17. 12.1621" 101x.80' 217.58' City of South/oke 18. 04.22'26" 840.00' 64.1.3' Tarrant County, Texos 2 of 2 C11Y SECRETARY CITY OF SOUTHLAKE 1400 MAIN 270 SOUTHLAKE TX 7$092 SubmMer: CITY OF SOUTHLAKE - ZSLKE-M SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 78198-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICI L RECORD. Filed ForRogistra MOWN 02:69 PIN lnehunront D208216207 E 8 PGS $44.00 D208215207 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. Prat bd by: WD 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. 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. THE HONORABLE LAURA HILL, MAYOR ATTEST: CITY SECRETARY Ordinance No. 1120 PASSED AND APPROVED ON SECOND READING ON THIS 16TH DAY OF JUNE, 2015. THE HONORABLE LAURA HILL, MAYOR ATTEST: CITY SECRETARY EFFECTIVE: APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 3