Loading...
1993-008RESOLUTION NO. Nd A RESOLUTION VACATING AND ABANDONING A 30' PUBLIC ACCESS AND UTILITY EASEMENT IN THE CITY OF SOUTHLAXk"', TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUIT CLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID 30' PUBLIC ACCESS AND UTILITY AND PROWDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home rule city acting under its charter adopted by the electorate pursuant to Article X.I, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, a 30' Public Access and Utility Easement has previously been dedicated to the City of Southlake by the owner of Lot 13, Block 1 , of the Cedar Oaks Estates Addition to the City of Southlake, Tarrant County, Texas. WHEREAS, the City Council of the City of Southlake Texas, after careful study and consideration, has determined that the 30' Public Access and Utility Easement located in Lot 13, Block 1 of the Cedar Oaks Estates 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 benefitted by its vacation and abandonment. Said 30' Public Access and Utility Easement is more specifically described on the attached exhibits: EXHIBIT A: Metes and Bounds Description EXHIBIT B: Graphic Depiction Further, the attached Exhibit "C" documents the approval of this abandonment by public utility companies. 1- WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said 30' Public Access and Utility Easement, the City desires to execute a Quit Claim Deed releasing all title, ownership and control in said easement to the owper or owners of said Lot 13, Block 1, Cedar Oaks Estates Addition. 2- EXHIBIT A I METES AND BOUNDS DESCRIPTION E/ LEGAL DESCRIPTION BEING a 30 foot wide strip of land off the east line of Lot 13 Block 1 of Cedar Oaks Estates in the City of Southlake, Tarrant County, Texas as recorded in Volume 388 — 127, Page 9 of the Plat Records of Tarrant County, Texas: BEGINNING at the northeast corner of said lot 13, same being in the southeast line of Oak Lane; THENCE S 00059' W along the said east line of lot 13 for 358.70 feet to the southeast corner of said lot 13 which is in the south line of said Cedar Oaks Estates; THENCE N 89002' W along said south line for 30.00 feet; THENCE N 00°59' E for 368.71 feet to a point in the said southeast line of Oak Lane, same being in a curve to the left having a central angle of 36°52'12" a radius of 50.00 feet and a long chord bearing and distance of S 70034'54" E for 31.62 feet; THENCE Southeasterly along said curve for an arc length of 32.18 feet to the POINT OF BEGINNING and CONTAINING 10,857 square feet or 0.249 acres of land more or less. N.. 191M or O DONALD S PEEBLES 2437 r Q a; .• uSAl EXHIBIT B s S GRAPH'IC:;DEPICTION Ass 36`52 *1Z + s ab'or't e _ so r98.eL . T _ /L•G7 L. 32.t8 P.o B. t f o. PLA16 i L. l 3 v o Lo} 13 e d a..I- C) LL rt 4- d 01' OF 0. DONALD S. PEEBLES 243 s u 12 EXHIBIT C UTILITY COMPANY APPROVALS We, the undersigned, as duly authorized representatives of the following utility companies, hereby express no objection to the vacation and abandonment of the 30' Public Access and Utility as described on the attached exhibits. SIGNED: e + i (, o DATE: T.U. ELECTRIC n PRINTED NAME: ny t C.F C ".I A TITLE: 'bISTR\2ALTjor l PLAA)vJEA- S I GNE W-- G,(if( / DATE: G.T.E. SOUTHWEST, INC. _ PRINTED NAME: se14rk TITLE: 0A 2A'lZo,4,U SU,41 — OSQ SIGNED: LONE STAR GAS COMPANY PRINTED NAME: '5a7dt) TITLE: '5r l_4 SS r, SIGNED: % TRI -COUNTY ELECTRrC INC. PRINTED NAME: W V ;,t) vaa' TITLE: eel,67- G eN r zo<r1nA) 5- DATE: J'/ 93 e' - U 3 DATE: /'' (' q--)- NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The 30' Public Access and Utility Easement, as described herein, is notbeing 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 benefitted by its vacation and abandonment. Accordingly, the above described 30' Public Access and Utility Easement, located on Lot 13, Block 1, Cedar Oaks Estates Addition to the City of Southlake, Tarrant County, Texas, is hereby vacated and abandoned as public property and such area so abandoned shall revert in fee simple to the owner of the remainder of Lot 13, Block 1, Cedar Oaks Estates Addition. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the utility easement on behalf of the City of Southlake, Texas. 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 3 This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED ON THIS /q 19V—. RM v i N L q,rF'' y APPROVED AS TO FORM AND LEGALITY: 1A J Y , City A torney Date: ADOPTED:*Iq ) /100 EFFECTIVE• G 7- DAY OF / , MAYOR / ATTEST: AITY SECRETARY i STATE OF TEXAS i i COUNTY OF TARRANT QUITCLAIM DEED 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 a certain 30'Public and Access Easement located in Lot 13, Block 1, Cedar Oaks Estates Addition, hereinafter specifically described, 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 Southlake does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: John Scott Johnson and Jeanne E. Johnson and any and all of its heirs, legal representatives or assigns, all of its right, title, and interest in and to the following described real property situated in Tarrant County, Texas, to wit: See Exhibit A: Legal description See Exhibit B: Graphic depiction TO HAVE AND TO HOLD all of its right, title and interest in and to the above described 30' Public Access and Utility Easement unto the said Grantee, its 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 30' Public Access and Utility Easement premises or appurtenances or any part thereof. EXECUTED this day of U, 19 /3 . CITY OFI 100) ed By: Mayof GaryCPT'ck STATE OF TEXAS i COUNTY OF TARRANT This instrument was acknowledged before me on the U day of QpLuo`4 1993, by Gary Fickes, Mayor of the V City of Southlake, Texas, a municipality, on behalf of said municipality. SANDRA L. LeGRAND = Notary Public _ STATE OF TEXAS - Motary Public in and for theMyComm. Exp. 02/04193 State /of Tex//as My Commission Expires: W -O X , Type or Print Notary's Name GRANTEES ADDRESS: John and Jeanne Johnson 1500 Oak Lane Southlake, Texas 76092 RETURN TO: Office of the City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092