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0773 ORDINANCE NO. 773 AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN PORTIONS OF LOTS 1 AND 2, BLOCK 9 OF THE SOUTHLAKE TOWN SQUARE ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF SAID RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, a right of way has been previously dedicated to the City of Southlake by the owners of Lots 1 and 2, Block 9 of the Southlake Town Square Addition to the City of Southlake, Tarrant County, Texas; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the right-of-way located in portions of Lots 1 and 2, Block 9 of the Southlake Town Square Addition 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; WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute a quitclaim deed releasing all title, ownership and control in said right-of-way to the owner of the abutting property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The right-of-way in portions of Lots 1 and 2, Block 9 of the Southlake Town Square Addition to the City of Southlake, Tarrant County, Texas, more specifically described in Exhibits "A" and liB" attached hereto and incorporated herein for all purposes, is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefited by its vacation and abandonment. Accordingly, the above described right-of-way is hereby vacated and abandoned as public property and shall revert in fee simple to the owner of Lots 1 and 2, Block 9 of the Southlake Town Square Addition. SECTION 2. The Mayor of the City of South lake, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the right-of-way, on behalf of the City of South lake, Texas. SECTION 3. A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. 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 after its passage, and it is so ordained. ~,D2:~~ROVED ON ;~:¡:~IS MAYOR /ð DAY OF ALi~ CITY SECRETARY ...,;;;;;;: AND APPROVED ON SECOND READING ON THIS L DAY OF ,2000. ~ '. CJJ¡d ........ ./~ MAYOR AT~ 'l1 ~ ( CITY SECRETARY APP OVED AS TO FORM AND LEGALITY: ---5 - , '. 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 right of way of portions of North Carroll Avenue, located in portions of Lots 1 and 2, Block 9 of the Southlake Town Square Addition, located in the City of Southlake, hereinafter more specifically described and depicted as on Exhibit "A" attached hereto and incorporated herein, 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. 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 South lake ("Grantor") does hereby bargain, sell, release, vacate, abandon and forever quitclåim unto Southlake Venture West, L.P. ("Grantees"), any and all of their heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the right of way described on Exhibit "A" in proportion to their abutting ownership. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described right of way unto the said Grantee, his heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives or assigns shall have, claim or demand any right or title to the aforesaid right of way, premises or appurtenances or any part thereof. EXECUTED this 7 day of ~ ,2000. CITY OF SOUTHLAKE ~ By' '(' . ayor ----- ~~ -:;Ñ c:i ' ::;;:;';;1 g i~' N-=C . 'W ~ ~~ ;;"' 0; '='.: c: EXHIBIT " A" Tract 3D1 Juergen F. Strunck : P. o. Box 1055 PO" I Grapevine, TX 76099-1055 -------~~--i Vol. 6365, P. 206 ------------~r-' 1//' IPF PL ------------------------ '- -------------------i---- -- - - -- --- -- -'----- -4 - - - -- - - -- --- -- - -- - __n- - 5890 29/49 //E~I/POB ------~---------- -------- -Tota-I-De~c'=-ibedA- 36 18/ 6.241 SQ. F.T . : 0.143 ACRES w. w. H!L~ A-695 \I RICHARD EADS A-481 N89°29'SO"W 24.93' /Í Tj~~ii;t:re_! ,-~-~OOo 1_1_' 0611~ }~3~L~2'-_- - - Lot 1, Block 9" ': - Southlake R a w~ :---- i/ Town Square ~ - : \ " Lot 2, Block'y---- I . --- - - - ---- ~. Cþ.RRO~~ ~ "\lß. --~- .--~ Note: ALL BEARINGS BASED ON THE WEST LINE OF THE SOUTHLAKE TOWN SQUARE ADDITION, CABINET A. SLIDE 4892 (PRTCTJ SURVEYOR'S CERTIFICATION I, Eddie L. Cheatham of CHEATHAM HI) ASSOCIATES, a Registered Professional Land Strveyor of the State of T exaa, do hereby declare that the calculations, graphic depiction and legal descriptions of this survey were properly prepared under ~ -æ::-- ... actual ourvey modo on tho ground. - ~ ~- \.-\.-~O Registered ProfeiBionai Land Surveyor No. 2346 ;-' . ï;2--!! Exhibit 'ß' Being a 0,143 acre tract of land in the Richard Eads Survey, Abstract No. 481, City of South lake, Tarrant County, Texas, previously being a portion of the Carroll Avenue right-of-way and currently portions of Lots I and 2, Block 9 of the South lake Town Square Addition, as recorded in Cabinet A, Slide 4892, Plat Records, Tarrant County, Texas and being more particularly described as follows: COMMENCING at a 1/2" iron pin found, said point being the southeast corner of a tract conveyed to Juergen F. Strunck in Volume 6365 Page 206 (D.R.T.c.T.) and in the original west right-of-way line of Carroll Avenue; THENCE S 89° 29' 49"E, for a distance of36.18 feet to the POINT OF BEGINNING, said point being in the west property line of said Lot 1 of the South lake Town Square Addition, said point also bears S 00° 1 ] '06"E 5.16 feet from the northwest corner of Lot I; THENCE N 00° II '06"W, for a distance of 297.19 feet continuing along west property line of said South lake Town Square Addition to a point for a corner in the west property line of Lot 2, Block 9 of the South lake Town Square Add ition passing the northwest corner of Lot 1 at 5. I 6 feet; THENCE S 15 ° 02' 30" E, for a distance of 97.22 feet to a point for a corner in the east line of the previous right-of-way line of North Carroll Avenue; THENCE S 00° 11 'O6"E, for a distance of203.52 feet continuing along said previous right-of-way I ine to a point for a corner, said point being 5.16 feet south of the south property I ¡ne of Lot 2, Block 9 of the South lake Town Sqùare Addition; THENCE N 89° 29' 50" W, for a distance of24.93 feet to the POINT OF BEGINNING, containing 6,24] square feet or 0.143 acres, more or less. GIOO .2.1212J2-L6.DOC Ja"uary 7. 2000 '1 D+ (;, r pc( ~ k ó .¡- 1oou.,.,J 5 "7 -- /'-',">~. / "'Jr'..' U)i~,CllCT COF'Y OF . '.;,':..(~"c~..~':. .. :,'COii[) F.~~E, D,..IN \' '\'~"',./.I ¡".r'i.'-::""'): 1 lJJI,;:" ""~~;/"Il.p.f!"'f:: COUNTY CLEflf( l3 f~_(Y:)'b--_----_._- Deputy -r;p fó~ rk foot WCH Gt^,{ .,. ckf ~t ,f ~~-h.l\'~ \~IMO-rCM f::::/ THENCE N 00° 11 '06"W, for a distance of297.19 feet continuing along west property line of said South lake Town Square Addition to a point for a corner in the west property line òfLot 2, Block 9 of the South lake Town Square Addition passing the northwest corner of Lot 1 at 5. 16 feet; THENCE S 15° 02' 30" E, for a distance of 97.22 feet to a point for a corner in the east line of the previous right-of-way line of North Carroll Avenue; THENCE S 00° 11 '06"E, for a distance of 203.52 feet continuing along said previous right-of-way line to a point for a corner, said point being 5.16 feet south of the south property line of Lot 2, Block 9 ofthe Southlake Town Square Addition; THENCE N 89° 29' 50" W, for a distance of24.93 feet to the POINT OF BEGINNING, containing 6,241 square feet or 0.143 acres, more or less. G:\OO J -232\232-L6.DOC January 7. 2000 ~ 0200068668 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 .. -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORO--O 0 NOT 0 EST ROY IN 0 E XED -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN 0 E R SON -- COUNTY CLERK 0 F F I C I A L R E C E I P T T 0: CITY OF SOUTHLAKE RECEIPT NO 200181495 REGISTER DR93 RECD-BY MD PRINTED DATE 04/04/2000 TIME 09:14 INSTRUMENT FEECO INDEXED TIME 1 0200068668 WD 20000404 09:14 CG 2 02 COPIES CC C 0 P I E S TOT A L : DOCUMENTS: 01 FEE S: 41.00 B Y: -~--- 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. INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 168368561 FORT WORTH,TX 76102 Invoice Date: 3/10/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 16836856 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 3/10/00 CITY OF SOUTHLAKE,TEXAS ORDIN I358 1 37 37 LINE $5.79 $214.23 CITY OF SOUTHLAKE, TEXAS Sales Discount ANO RDNNNCCEE NA C NG ($184.26) AND ABANDONING A RIGHT OF WAY IN POR- TIONS OF LOTS 1 AND 2, BLOCK 9 OF THE SOUTH- LAKE TOWN SQUARE ADDI- TION IN THE CITY OF $29.97 SOUTHLAKE DECLAR- Net Amount: ING THAI SUCH PROPER- TY IS UNNECESSARY FOR USE OORIZING ETHEBLMAYOR TO EXECUTE A QUIT- CLAIM DEED RELEASING PUBLIC OWNERSHIP IN- TEREST AND CONTROL OF SAID RIGHT-OF-WAY; PROVIDING A SEVERABILI- TY CLAUSE,AND PROVID- ING AN EFFECTIVE DATE. PASSED AND APPROVED' BY THE CITY OF COUNCIL OF THE CITY OF SOUTH- LAKE TEXAS, ON THIS THE NTH DAY OF MARCH, 2000. MAYOR RICK STACY ATTEST: SANDRA L. LEG- RAND CITY SECRETARY APPROVED AS TO FORM: E.ALLEN TAYLOR JR., THE STATE OF CITY ATTORNEY County of Tarrant Before me,a Notary Public in and for said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, March 2 000. Notary Public I-,. _ /4,/,j i/ iiAr ' DAWN M. K ISSIONUYKEEXPIRESNDALL �� Thank You For Your Payment '1,+f1 SEPTEMBER 13,2009 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 168368561 Invoice Amount: $29.97 PO Number: Amount Enclosed: $ INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 167000081 FORT WORTH,TX 76102 Invoice Date: 2/18/00 (817)390-7761 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 2/29/00 Bill To: PO Number: CITY OF SOUTHLAKE Order Number: 16700008 667 N CARROLL AVE SOUTHLAKE, TX 76092-6412 Sales Rep: 073 Description: CITY OF SOUTHLA Publication Date: 2/18/00 mpt ssr f" 5 tzr: R ?iT." & v y ;8 d; EI I `.i "3a= " orvoni+ �.aa�' CITY OF SOUTHLAKE,TEXAS NOTIC I358 1 40 40 LINE $5.79 $231.60 clrlr of Sales Discount NOTICE was hereby given to ($199.20) aN nt.,- steel persons that the City Council of the City of Southlake, Texas, wIll be holding a public hearing dur- ing the regular city council meeting to be held on March Net Amount: $32.40 7, 2000, at 7:00 p.m. The meeting will be held in the City Council Chambers of City Hall, 667 North Carroll Avenue, Southlake, Texas. Purpose of the hearing will be held regarding the follow- ing ORDINANCE NO.773 AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN PORTIONS OF LOTS 1 AND 2,BLOCK 9 OF THE SOUTHLAKE TOWN SQUARE ADDITION IN THE CITY OF SOUTHLAKE TAR- RANT COUNTY, TEXAS; DE- CLARING THAT SUCH PROP- ERTY IS UNNECESSARY FOR USE BY THE PUBLIC AUTHO- RIZING MAYOR TO EXECUTE A QUITCLAIM DEED RELEAS- ING PUBLIC OWNERSHIP IN- TEREST AND CONTROL OF SAID NG RIGHT A -0E-WAY,PROVIEVEItABIILITDY THE STATE 01 AN CLAUSE EFFECTIV ANDE PRDATEOVIDING County of Tarn Sandtyrecaretary L.LeGrand Ci S City of Southlake,Texas Before me,a Notary Public in and for said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star- Telegram, published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being my sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the lis tes: SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednesday, Febru 23 2000. / 1S:2( erii DAWN M. KUYKENDALL vk COMMISSION EXPIRES '►, ^SEPTEMB�ER 13,2003 Thank You For Your Payment Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 167000081 Invoice Amount: $32.40 PO Number: Amount Enclosed: j$