1177 CITY OF SOUTHLAKE ORDINANCE NO. 1177
AN ORDINANCE VACATING AND ABANDONING A CERTAIN
DESCRIBED 322 SQUARE FOOT LIFT STATION PARCEL
PREVIOUSLY DEDICATED TO THE CITY BY RICHARD PAUL
DAVIS AND DAWN LAWRENCE DAVIS THROUGH AN
INSTRUMENT RECORDED IN THE REAL PROPERTY RECORDS
OF TARRANT COUNTY AS INSTRUMENT D209089709;
DECLARING THAT SUCH LIFT STATION PARCEL IS
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING AND
ASSIGNING THE REAL PROPERTY 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 March 16, 2009, Richard Paul Davis and Dawn
Lawrence Davis dedicated an area as a lift station parcel, specifically, the portion
of Lot 7, Block 1, Twin Creeks Addition, described in the legal description attached
to this Ordinance as Exhibit A and depicted in the survey attached to this
Ordinance as Exhibit B ("the lift station parcel to be abandoned"), to the City
through an instrument recorded in Document Number D209089709 of 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 the lift station parcel to be abandoned 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 right-of-way to be abandoned, the City desires to execute a
quitclaim deed releasing and assigning all title and control in the lift station parcel
to be abandoned to the owners of the fee estate on which the lift station parcel to
be abandoned 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 lift station parcel described in the legal
description attached to this Ordinance as Exhibit A and depicted in the survey
attached to this Ordinance as Exhibit B ("the lift station parcel to be abandoned"),
to the City through an instrument recorded in Document Number D209089709 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 right-of-way to be abandoned.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and
empowered to execute a quitclaim deed to the right-of-way to be abandoned,
which deed is attached to this Ordinance as Exhibit E, to the current owner of the
fee estate on which the easement is located, specifically, Richard Paul Davis
and Dawn Lawrence Davis
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 EADING ON THIS 20TH DAY OF
JUNE, 2017.
0,A„Uti
THE HONORABLE LAURA HILL, MAYOR
ATTEST:
&at'?dvA4't-httiipa. tossoniaiso44,
CITY SECRETARY ' ' ' `'
4r4►i *'**
'6a+auasnn'-
PASSED AND APPROVED ON SECOND READING ON THIS 1ST DAY OF
AUGUST, 2017.
5,SW\
THE HO ABLE LAURA HILL, MAYOR
ATTEST:
Atidid /641-4111,4--, Z4Sts°064146\
CITY SECRETARY
EFFECTIVE: ell// 0/7
APPROVED AS TO FORM AND LEGALITY: 'Mega
el Ci.egi r
CITY ATTORNEY i
/
N:\00-New N Drive\Meetings\ftr Council\2017 Agendas\2017-06-20-AMS Due 06-02-2017\Item 4H-Ord.1177 Abandon
ROW 1655 Creekside\Abandonment Ordinance for 1655 Creekside No. 1177.docx
EXHIBIT "A"
322 SQUARE FOOT
LIFT STATION PARCEL
BEING a portion of Lot 7,Block 1,TWIN CREEKS ADDITION,an addition to the City
of Southiake,Tarrant County,Texas,according to the plat recorded in Volume 388-150,
Page 74 of the Plat Records of Tarrant County,Texas,conveyed by deed to Richard Paul
Davis and Dawn Lawrence Davis in Volume 11259,Page 1555,Deed Records,Tarrant
County,Texas,and being more particularly described by metes and bounds as follows:
COMMENCING at an iron rod found in the east line of Creekside Drive,said point
being the northwest corner of said Lot 7,and the southwest corner of Lot 8,Block 1,of
said TWIN CREEKS ADDITION;
THENCE South 01 degrees 17 minutes 00 seconds East,along said east line,a distance
of 23.73 feet to a 5/8 inch iron rod,capped 5894,for the POINT OF BEGINNING;
THENCE North 88 degrees 30 minutes 24 seconds East,departing said east line,a
distance of 8.45 feet to a 5/8 inch iron rod,capped 5894,for parcel corner;
THENCE South 01 degrees 21 minutes 06 seconds East,a distance of 38.00 feet to a
5/8 inch iron rod,capped 5894,for parcel corner;
THENCE South 88 degrees 30 minutes 24 seconds West,a distance of 8.50 feet to a
5/8 inch iron rod,capped 5894,for parcel corner in the east line of Creekside Drive;
THENCE North 01 degrees 17 minutes 00 seconds West,along the east line of
Creekside Drive,a distance of 38.00 feet to the POINT OF BEGINNING and
containing 0.007 acres or 322 square feet of land.
P•1SOUTELUCE117821SURVEY1Eant-ROWU655 Creebide-Uf Station.doc
1MOS'6+Thp. 5f7
i
EXHIBIT "B"
322 SQUARE FOOT LIFT STATION PARCEL
&
10' WIDE TEMPORARY CONSTRUCTION EASEMENT
1657 CREEKS�E DRIVE
' LOT 8,BLOCK 1
TIYbV CREEKS AOD/TXW
n,,,, VOL388-150,PAGE 7�PRTCT
-----
iir P.O.C. _
IRF __�___
pao
iki
01 o to
\N N88° 30' 24"E
Zia i 8. 45'
S01 ° 21 ' 06"E
I 38. 00'
F.O.B.RAI
10.0' TEMPORARY
CONSTRUCTION EASEMENT
N01 ° 17' 00"W 1 1655 CREEKSV(DRIVE
38. 00' RICHARD PAG[ DAVIS 6
0,40N LAIPREMCE OAKS
VOL INE 11259,PAGE 1555,DRTCT
ZI LOT 7, BLOCK 1
1.I TIV4V CREEKS A00/170N
i $ VOL(AE 388-150,PACE 74,MTV"
S88° 30' 24"W
coif 8. 50'
11
0 FT SURVEYOR'S CERTIFICATION
4,oti SI:FRE:-ham I,Philp B.Wolters,a Registered Professions,Land Surveyor
of tlrs Stale of Texas,certify that the calculations,graphic
PHILIP e.WOLTERs depidiw'and legal ds.aromy y of this this suvey were an 0 20
5894 i., ProD�Y Ptwrdar parsorol wpavaton from
C 0, s‘o+O*
448, SURA { 00.&44., (IN FEET )
Registered Land surveyor No.5tl94 1 inch - 20 ft.
ARLINGTON SOiti11NTING Is MAPPING
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I , , ,
MARY LOUISE GARCIA
COUNTY CLERK '*
100 West Weatherford Fort Worth,TX 76196-0401
\44:0„,. PHONE(817) 884-1195
CITY OF SOUTHLAKE
1400 MAIN ST
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 8/17/2017 10:02 AM
Instrument#: D217190020
OPR 6 PGS $32.00
By: (lnozs..ieIca.%
D217190020
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.
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 the 322 square foot lift station
parcel described in the legal description attached to this Deed as Exhibit A and depicted
in the survey attached to this Ordinance as Exhibit B ("the lift station parcel to be
abandoned"), to the City through an instrument recorded in Document Number
D209089709 of The Deed Records Of Tarrant County, Texas, is not being used by, nor
useful or convenient to the public in general; therefore, it 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 bargain, sell, release, vacate, abandon and
forever quitclaim unto Richard Paul Davis and Dawn Lawrence Davis and their
successors and assigns, all of Grantor's right, title, and interest, if any, in and to the
following described real property situated in Tarrant County, Texas, to wit:
The property described in the legal description attached to this Deed as
Exhibit A and depicted in the survey attached to this Ordinance as Exhibit
B ("the lift station parcel to be abandoned"), to the City through an
instrument recorded in Document Number D209089709 of The Deed
Records Of Tarrant County, Texas
Grantor conveys all of its right, title and interest, if any, in and to the above
described real property unto the said Grantee, its heirs and assigns forever, so that
neither Grantor nor its successors or assigns shall have, claim of demand any right or
title to the aforesaid property.
Executed this the / day ofcf} , 2017.
CITY OF SOUTHLAKE
By:
1.1\44
Thenora a Laura Hill, Mayor
-"os 4,4
Attest: 441
(fs
City Secretary \fro
,► 4'** ,
ACKNOWLEDGMENT
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 I day of mi ' Ul 4, 2017.
`"",,""', Yvette M. Ruiz y �
:°4.4....%0=Notary Public, State of Texas No ' ' • is in and for the State •f T:
;',z.�+� Comm.Expires 06-16.2019 - I
''',,H,`,,,,•`' Notary ID 128649462 My Commission expires: U co - 9
Return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092
N:\00-New N Drive\Meetings\City Council\2017 Agendas\2017-06-20-AMS Due 06-02-2017\Item 4H -Ord. 1177 Abandon ROW
1655 Creekside\Quitclaim Deed for 1655 Creekside.doc
•
EXHIBIT"A"
322 SQUARE FOOT
LIFT STATION PARCEL
BEING a portion of Lot 7,Block 1,TWIN CREEKS ADDITION,an addition to the City
of Southlake,Tarrant County,Texas,according to the plat recorded in Volume 388-150,
Page 74 of the Plat Records of Tarrant County,Texas,conveyed by deed to Richard Paul
Davis and Dawn Lawrence Davis in Volume 11259,Page 1555,Deed Records,Tarrant
County,Texas,and being more particularly described by metes and bounds as follows:
COMMENCING at an iron rod found in the east line of Creekside Drive,said point
being the northwest corner of said Lot 7,and the southwest corner of Lot 8,Block 1,of
said TWIN CREEKS ADDITION;
THENCE South 01 degrees 17 minutes 00 seconds East,along said east line,a distance
of 23.73 feet to a 5/8 inch iron rod,capped 5894,for the POINT OF BEGINNING;
THENCE North 88 degrees 30 minutes 24 seconds East,departing said east line,a
distance of 8.45 feet to a 5/8 inch iron rod,capped 5894,for parcel corner;
THENCE South 01 degrees 21 minutes 06 seconds East,a distance of 38.00 feet to a
5/8 inch iron rod,capped 5894,for parcel corner;
THENCE South 88 degrees 30 minutes 24 seconds West,a distance of 8.50 feet to a
5/8 inch iron rod,capped 5894,for parcel corner in the east line of Creekside Drive;
THENCE North 01 degrees 17 minutes 00 seconds West,along the east line of
Creekside Drive,a distance of 38.00 feet to the POINT OF BEGINNING and
containing 0.007 acres or 322 square feet of land.
NSOUTHLAKS1782\SURVEY\Esint-ROVA1655 Credvido-Lift Sutioadoc
Z00740061 p. 5 it 7
EXHIBIT "B"
322 SQUARE FOOT LIFT STATION PARCEL
&
10' WIDE TEMPORARY CONSTRUCTION EASEMENT
1657 CREEKSV(OR/YE
LOT 8,BLOCK 1
TWA/ CREEKS ADDITION
V i VOL(AC 388-15D,PACE 74 PRTCT
N
® 1 P.O.C. _ -
IRF __- __ _
F V w
o- N88° 30' 24"E
Foo i 8. 45'
t°) I S01 ° 21 ' 06"E
kill P.O.B. ` 38. 00'
10.0' TEMPORARY
CONSTRUCTION EASEMENT
N01 ° 17' 00"W I 1655 CRE£KSiE ORFVE
38. 00' RICHARD PAU DAVIS &
DAWN LAWRENCE DAYS
VOL LAC 11259,PACE 1555,ORTCT
, ZI LOT 7, BLOCK 1
..i TOW CREEKS ADDITION
VOLT J88-150,
PACE 71,PRTCT
1 h.tS88° 30' 24"W
8. 50'
11
0 F . SURVEYORS CERTIFICATION
,�P 41\ST FN;.4:/' I,PNEP B.Wolters,a Registered Profsslonsl Land Surveyor
h P * o ' of the Stele of Texas,sadly that the ala tstlau,graphic
PHILIP B.WOLTERS ...,,,nand °f thh eurrll tine 0 20
4 it, Pn y P►M g under my Panoral supnrvhion from an
+ 5894 ground
t 1 .4
_e' %°AC. #L� i.+ ( IN FEET )
(4 e'
SURN
Registered - Land SaveyorNo.5894 1 Inch - 20 ft.
ARINGTON SORviTING t MAPPING
NN NNm I.Nm VW
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.neourr.ura. .e.aan,ns-unsbatwaco.40 b7M102q70C1 p. to 4 7
MARY LOUISE GARCIA
COUNTY CLERK
s. 100 West Weatherford Fort Worth,TX 76196-0401
' ' PHONE(817) 884-1195
CITY OF SOUTHLAKE
1400 MAIN ST
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 8/17/2017 10:02 AM
Instrument#: D217190019
D 5 PGS $28.00
By:
D217190019
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.