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1141 Ordinance No. 1141 ORDINANCE NO. 1141 AN ORDINANCE VACATING AND ABANDONING A PORTION OF PERMANENT DRAINAGE EASEMENT PREVIOUSLY GRANTED TO THE CITY BY RCC MIRON OFFICE, LTD., WHICH EASEMENT IS FILED AS INSTRUMENT NO. D207253111 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 July 6, 2007, RCC Miron Office, Ltd. granted a permanent drainage easement ("the easement") to the City, which easement is filed of record as plat and recorded as Instrument No. D207253111, 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 be 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 a permanent drainage easement granted to the City on or about July 6, 2007 by RCC Miron Office Ltd, which easement is filed of record as Instrument No. D207253111, and recorded at the deed Records of Tarrant County, Texas, and which is attached hereto as Exhibit A, 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. 1 Ordinance No. 1141 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, RCC Miron Office Ltd. 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 2nd DAY OF FEBRUARY 2016. Rte hitaphdel THE HO : ' t LE LAURA HILL, MAYOR ATTEST: ,•�,,,,,,,,,,,,,,,,••, ,,,vat,t: 4,8%0,...,,,,,,,, 0 *CITY SECRETA i : • 2 Ordinance No. 1141 PASSED AND APPROVED ON SECOND READING ON THIS 16TH DAY OF FEBRUARY 2016. AQ CULU.)C.i1 THE HONORABL LAURA HILL, MAYOR ATTEST: `'N,OJSH• F ickGY WS LA: p .f>C-7 k' .1-n1: V: CITY SECRETARa/iy..e...„.. iN : , z •'••......•••' Q,: #1''i. **4 .•,, EFFECTIVE: P€.- ifkJ .od uj I tp" -° ((o APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY )4 - 3