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1128 Ordinance No. 1128 ORDINANCE NO. 1128 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A PERMANENT SANITARY SEWER EASEMENT PREVIOUSLY GRANTED TO THE CITY BY VISION SOUTHLAKE DEVELOPMENT, LLC, WHICH EASEMENT IS FILED AS INSTRUMENT NO. D215083782 AND RECORDED IN THE DEED RECORDS OF TARRANT; 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 April 24, 2015, Vision Southlake Development, LLC, granted a permanent sanitary sewer easement ("the easement")to the City, which easement is filed of record as Instrument No. D215083782 and recorded at The Deed Records Of Tarrant County, Texas; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that a portion of the easement 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 its 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 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 a portion of the permanent sanitary sewer easement granted to the City on or about April 24, 2015 by Vision Southlake Development, LLC, which easement is filed of record as Instrument No. D215083782 and recorded at The Deed Records of Tarrant County, Texas, and which is described in the attached Exhibit A and shown on the attached Exhibit B, 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 a portion of the easement. 1 Ordinance No. 1128 SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed to the above-described easement to the current owner of the fee estate on which the easement is located, specifically, Vision Southlake Development, LLC. 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 6TH DAY OF OCTOBER,2015. THE HONORABLE L URA HILL, MAYOR ATTEST: p •`‘,„%0‘).1..14••1411C % • �c CITY SECRETA =r% '` ;cn r v o o•• * ,, .c. ,,,.`,. 2 Ordinance No. 1128 PASSED AND APPROVED ON SECOND READING ON THIS 20TH DAY OF OCTOBER,2015. ito ,,,,,,,,' HE • ORABLE LAURA HILL, MAYOR ATTEST: • .••��.; O •jat: F. : • / • j CITY SECRETA , ••'•••••''. EFFECTIVE: ���� ,`,, ,3 APPROVED AS TO FORM AND LEGALITY: (C2 OQ'et" 97- CITY ATTORNEY 3 EXHIBIT A LEGAL DESCRIPTION 0.002 ACRES Being all that certain lot,tract or parcel of land situated in the Thomas Mann Survey,Abstract Number 1049,City of Southlake,Tarrant County,Texas,and being a portion of Lot 3,Silver Ridge Addition,Phase Ill,an addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in Document Number D215083782 of the Plat Records of Tarrant County,Texas,and being more particularly described as follows: COMMENCING at a "+"found in concrete at the northeast corner of Lot 7 of said Silver Ridge Addition, Phase Ill, being the northwest corner of Lot 6,of said Silver Ridge Addition, Phase Ill and being on the south line of said Lot 3,from which a"+"found in concrete at the southeast corner,thereof and being the northeast corner of said Lot 6 bears S 89°53'40" E,97.24 feet; THENCE N 89°53'40"W,2.99 feet with the north line of said Lot 7 and the south line of said Lot 3 to the east line of a 15' public sanitary sewer easement dedicated with said Silver Ridge Addition,Phase Ill; THENCE N 00°06'20" E,46.54 feet with the east line of said 15' public sanitary sewer easement to the POINT OF BEGINNING; THENCE N 89°53'40"W, 15.00 feet to the west line of said 15' public sanitary sewer easement; THENCE N 00°06'20" E,7.00 feet with the west line of said 15' public sanitary sewer easement to the northernmost northwest corner thereof; THENCE S 89°53'40" E, 15.00 feet to the north line of said 15' public sanitary sewer easement to the • northernmost northeast corner thereof; THENCE S 00°06'20"W,7.00 feet with the east line of said 15'public sanitary sewer easement to the POINT OF BEGINNING and containing approximately 0.002 acres of land. iYJ"' lea 7 � . .•09 58 d �• Q .9�0 S upvy0 EXHIBIT B S 89'53'40 E `.4 15.00' o -- S 00'06'20" W h p 15' Public SSE7.00' co O to be Abandoned o i� 0.002 Ac. O r'N 89' " r (P Lot 3 .Q• Silver Ridge Addition 15.00' •e• Phase Ill D215083782 _ S' I 15' Public WLE 0215083782 4.1 — r7. /ePr �• �, It 1 041 F I: 51111 15' Public SSE __.] 11111��Mlh',,,.. '4:'1;;-/ D215083782 '� °Ar88{ .*c• 26' PAE ' �� RV A- -r D215083782 'BURV N 8933'40' W 299' S 8933'40'E 97.24' loirar _ _ .'+'End '— — (''� 1 +'fnd — Lot 7 IO�� Lot 6 _r _ - - ' - - --1 10' EE I D215083782 15' PUBLIC SANITARY SEWER _ I _ - _ — _I EASEMENT ABANDONMENT Lot 3 trims: Silver Ridge Addition, Phase III TM E. 1. Bearings based on plat. 0.002 Acres In the rat 2. Surveyor has mode no investigation or independent search for THOMAS MANN SURVEY, ABSTRACT NO. 1049 easements of record, encumbrances, restrictive covenants, ownership CITY OF SOUTHLAKE title evidence, or any other facts that an accurate abstract of title a may disclose. TARRANT COUNTY, TEXAS 5.4 • L E G E N D il SIDIP aram�G ava,/1taoliilllllwcs PLATTING RF REBAR FOUND CONSULTANTS, gCRS = CAPPED REBAR SET CRF = CAPPED REBAR FOUND U � SP.Q.B. POINT OF BEGINNING G&A = G&A CONSULTANTS, LLC. 111 149r81.QW.•L..MNN.TX 75057•P:972.436.9712•F.972830.9715 „ . EE = ELECTRIC EASEMENT 1wa10Tom Cvd.ren.Ste 2.Amis.TX16226•P:wo.2407012.F:940240.1028 P, WLE = WATER UNE EASEMENT TBPE F.m N0.1798 TBPLS Fhn No.10047700 r:i$ SSE = SANITARY SEWER EASEMENT Lg PAE = PUBLIC ACCESS EASEMENT DRAWN BY: CC DATE: 8/19/15 SCALE:1'-10' JOB. NO.13107R