1131Ordinance No. 1131
ORDINANCE NO. 1131
AN ORDINANCE VACATING AND ABANDONING A
DRAINAGE EASEMENT PREVIOUSLY GRANTED TO THE
CITY BY ZENA RUCKER, WHICH EASEMENT IS FILED AS
INSTRUMENT NO. D213130362 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 May 22, 2013, Zena Rucker, granted a permanent drainage
easement ("the easement") to the City, which easement is fled of record as Instrument No.
D213130362 and recorded in 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 drainage easement
granted to the City on or about May 22, 2013 by Zena Rucker, which easement is
filed of record as Instrument No. D213130362 and recorded at The Deed Records of Tarrant
County, Texas, and which is described in the attached Exhibit B and shown on the attached
Exhibit B 1, 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 abandonment of the
easement.
Ordinance No. 1131
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, Zena Rucker.
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 3RD DAY OF
NOVEMBER, 2015.
THE 46NORABLE LAURA HILL, MAYOR
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Ordinance No. 1131
PASSED AND APPROVED ON SECOND READING ON THIS 17TH DAY OF
NOVEMBER, 2015.
THE HONORABLE LAURA HILL, MAYOR
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APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
91
EXHIBIT B
METES AND BOUNDS DESCRIPTION
0.2534 ACRES (11,040 SQUARE FEET) DRAINAGE EASEMENT
2.730 ACRES IN THE O.W. KNIGHT SURVEY, A-899
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
All that certain 0.2534 acres (11,040 square feet) of land, which is a portion of the 2.950 acres of land
described in the deed to William R. and Zena Rucker recorded in Volume 12069, Page 1671 in the Deed
Records of Tarrant County, Texas (D.R.T.C.T.), in the O.W. Knight Survey, A-899, in the City of
Southlake, Tarrant County, Texas and more particularly described by metes and bounds as follows: (ail
bearings shown hereon are based on Texas State Plane Coordinate System, North Central Zone);
COMENCING at a 3/4" iron rod found for the southeast comer of said 2.730 acres, common to the
southwest corner of the deed described to Billy W. Hayes, recorded in Volume 6551, Page 938, in the
D.R.T.C.T., THENCE along the common lot line of said 2.730 acres and deed to Billy W. Hayes North
010 14' 45" West — 476.99' to the POINT OF BEGINNING and southeast comer of the herein described
easement;
THENCE South 880 45' 15" West — 120.00' to the southwest corner of the herein described easement;
THENCE North 01 ° 14' 45" West — 92.00' to the northwest corner of the herein described easement;
THENCE North 880 45' 15" East — 120.00' to a 1/2" iron rod with a cap stamped "SPRY" found in the
said common lot line of said 2.730 acres and deed to Billy W. Hayes, for the northeast comer of the
herein described easement;
THENCE along the common lot line of said 2.730 acres and deed to Billy W. Hayes South 010 14' 45"
East — 92.00' to the POINT OF BEGINING and containing 0.2534 acres (11,040 square feet) of land.
THIS METES AND BOUNDS DESCRIPTION IS ISSUED IN CONJUNCTION WITH
THE SURVEY PREPARED BY SPRY SURVEYORS, HEREBY REFERENCED AS
EXHIBIT A. THIS METES AND BOUNDS DESCRIPTION IS EXHIBIT B.
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JUNE 17, 2012
CERTIFICATE DATE
EXHIBIT 131
14' COMMON ACCESS ESMT.
AB. A. SUDE 4650. P.R.T.C.T.
12' UTILITY dt ACCESS ESMT
AOL. 13378.PG 164, D.R.T.C.T.
12' UTILITY A: ACCESS ESMT
fOL. 13279,PG 557, D.R.T.C.T.
SOUTH UNE OF PROPOSED
LOT 1. BLOCK A, RUCKER ADDITION
N 88'45'15" E 120.00'
//DRAINAGE EASEMENT
0.2534 ACRES
11,040 SO. FT.
S 88'45'15" W 120.
2.730 ACRES
REMAINDER OF 2.95 ACRES
WILLIAM R. & ZENA RUCKER
VOL. 12069, PG. 1671
D.R.T.C.T.
I certify that this survey was made on the
ground, that thin plat correctly represents the
facts found at the time of survey.
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DAIAD CARLTON IEMAS, R.P.L.S. NO. 5647
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This .urwy is isewd m oonjjmmeeStan with the
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11,040 SQUARE FOOT
DRAINAGE EASEMENT
2.95 ACRES WILLIAM R. & ZENA RUCKER
O.W. KNIGHT SURVEY, ABSTRACT 899
CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
ISSUE DATE 04/17/2013 1 SCALE: I- - 40 PROJECT NO.: 034-053-50
SPRY® SURVEYORS
8241 Mid—Cities Blvd., Suite 102 • Nath Richland Hills, TX 76182
Ph 817.896.6150 • Fox 817284.8408 • www.sprysurveyors.com