1993-068RESOLUTION NO. 93-68
A RESOLUTION VACATING AND ABANDONING UTILITY EASEMENTS IN
LOTS 1R & 8R, TIMARRON, PHASE 2, SECTION 2, BENT CREEK,
IN THE CITY OF SOUTHLAKE, 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 QUITCLAIM DEED RELEASING PUBLIC
OWNERSHIP, INTEREST OR CONTROL OF SAID UTILITY EASEMENT
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting
under its charter adopted by the electorate pursuant of Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, utility easements have been previously dedicated to
the ,City of Southlake by the owner of Lots 1R & 8R, Block 8, of the
Timarron, Phase 2, Section 2, Bent Creek Addition to the City of
Southlake, Tarrant County, Texas.
WHEREAS, the City Council of the City of Southlake, after
careful study and consideration, has determined that the utility
easements located in Lots 1R & 8R, Block 8, of the Timarron, Phase
2, Section 2, Bent Creek Addition (the "Utility Easements") are not
being used by, nor useful or convenient to the public in general;
therefore, it constitutes a public charge without a corresponding
benefit, and the public would be better served and benefitted by
its vacation and abandonment. Said Utility Easements are more
specifically described on the attached exhibits:
EXHIBIT A: Legal Description
EXHIBIT B: Graphic Depiction
Further, the attached Exhibit "C" documents the approval of these
abandonments by the utility companies.
1-
WHEREAS, in order to remove any question as to the continued
interest or ownership of the public in said Utility Easements, the
City desires to execute a Quitclaim Deed releasing all title,
ownership and control in said easements to the owner or owners of
Lots 1R & 8R, Block 8, of the Timarron, Phase 2, Section 2, Bent
Creek Addition.
2-
LEGAL DESCRIPTION!
LOT 1 R
Being all of that 5' wide utility easement located in Lot 1ft, Block 0, of Timarron Phase 2,
Section 2, an addition to the City of Southlake, as recorded in Cabinet A, Slide 1351
P.R.T.C.T., said easement having been dedicated to the City of Southlake by Final Plat of
Timarron Phase One, Section Two, Bent Creek as recorded in Cabinet A, Slide 1051.
LOT $R
Being all of that 5' wide utility easement located in Loot SR, Block 8, of Timarron Phase 2,
Section 2, an addition to the City of Southlake, as recorded in Cabinet A, Slide 1351
P.R.T.C.T., said easement having been dedicated to the City of Southlake by F=inal Plat of
Timarron Phase One, Section Two, Bent Creek as recorded in Cabinet A, Slide 1051.
83328001.M01
i
AEF . ryTplan..dpn . Won , ON = t,2,-T,9 14.19-3L33,40-50.52,53.55si,60
FFF+ D.\PRO,ECiS TIMARR011\flM00f7AGH ,DOR ,011 = 42.46-50,S5,57,S6 REF ' trmpiA1m
DCN d\projects\t(marron\4j23070\3030ek01.ddn , LEVELS ON = 1-62 PF = FI\P\60NON30301k0lrW
PLOTTED --- 12/17,91 14.45.31 F.\P\EOW\3030VOI,PPF PRF ROI = 9a.000000 TOL = F:\PLT-TSL\TIMARR0N.T3L USER .WART,
R=1224.99'
T= 43.15'
BENT rRA I CIRCLE
L= 96.26
0 40 80
GRAPHIC SCALE IN FEET
n
14 —' (
C 13 aSLIDE 1015)
TO 8E ABANDONED
IR
W
o
W
N
Ig5.00' j,
N00' 38'50'E 105.00'
S-UE -- ------
BLOCK
9
10'x10' —/
TRANS.
PAD ESM'T
CAB. A.
SLIDE 13506
rn
8
2.0'x.
F
0
c00
N
n
TIMARPON
PVASE 2, SECTION TWO
BENT CREEK
CABINET A. SLIDE 1351
10
2
TIMARRON
6q -
0 ------ —
BENT TRAIL CIRCLE n=
1624.
966•
CHIBIT B
PHASE ONE,
EASEMENT ABANDONMENT
SECTION TWO
ON
BENT CREEK
LOTS 1R & 8R, BLOCK 8
CABINET A,
15'DWE
CAB. A. SLIDE 13511 7 SLIDE 1015
N00'33'50'E
7 M00' 33'Sq'E 105.00 - - - - - - - - - Lv'
107.17
75•
EX. 15' D&UE
CAR. A. SLIDE 10151
I
EX. 5' UE
C (CAB. A. SLIDE 10151 0
TO BE ABANDONEDI
SR W
I LV
I m
I
16q -
0 ------ —
BENT TRAIL CIRCLE n=
1624.
966•
CHIBIT B
T= 53.61' EASEMENT ABANDONMENT
L= 147-19'
ON
LOTS 1R & 8R, BLOCK 8
OF
TIMARRON
PHASE 2, SECTION . 2
BENT CREEK
CABINET A. SLIDE 1351
BUT OF THE
HALL MEDLIN SURVEY. ABSTRACT NO.1035
IN THE
CITY OF SOUTHLAKE. TARRANT COUNTY. TEXAS
DECEMBER, 1993
EXHIBIT 'C'
UTILITY COMPANY APPROVALS
We, the undersigned, as duly authorized representatives of the respective utility companies, hereby
express no objection to the abandonment of the 5' utility easements in Lots 1R & 8R, Block 8,
Timarron Phase 2, Section 2, Bent Creek, so noted on the attached exhibits, said easement being
previously recorded in Cabinet A, Slide 1051 of the Plat Records of Tarrant County, Texas.
Texas Utilities Electric Tri -County Electric Cooperative, Inc.
Signed: Signed:
Printed Name: Printed Name:
Title: Title:
Date: Date:
GTE Central, Inc. Lone Star Gas Company
Signed: Signed:
Printed Name: Printed Name:
Title: Title:
Date: Date:
Harron Cablevision of Texas Sammons Communications, Inc.
Signed: Signed:
Printed Name: Printed Name:
Title: Title:
Date: Date:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
The Utility Easements, as described herein, are 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 benefitted by its vacation
and abandonment. Accordingly the above described utility
easements, located on Lots 1R & 8R, Block 8, of the Timarron, Phase
2, Section 2, Bent Creek Addition to the City of Southlake, Tarrant
County, Texas, are hereby vacated and abandoned as public property
and such area shall revert in fee simple to the owner of Lots
1R & 8R, Block 8, of the Timarron, Phase 2, Section 2, Bent Creek
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
the 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.
We
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 7 DAY OF ,
1994.
APPROVED AS TO FORM AND LEGALITY:
aa, -D" 4-
City Attorney a
Date:
Adopted:
Effective: l
7-
K YOR
ATTEST:
ITY SECRETARY
a
City of Southlake, Texas
M E M O R A N D U M
January 5, 1994
TO: Curtis E. Hawk, City Manager
FROM: Greg Last, Community Development Director
SUBJECT: RESOLUTION NO. 93-68, authorizing the abandonment of
utility easements in Lots 1R & 8R, Block 8, Timarron,
Phase 2,.Section 2, Bent Creek.
Timarron Land Corporation has requested the abandonment of the
utility easements in Lots 1R & 8R, Block 8, Timarron, Phase 2,
Section 2, Bent Creek. Development of subsequent phases of
Timarron has eliminated the need for these easements.
Attached is a copy of the resolution for the abandonment with
appropriate descriptions and exhibits. Staff has alsooreviewed the
request and has no problem with the abandonment of these easements.
Please place this item on the council's agenda for approval of the
enclosed resolution and authorization for staff to take relevant
action to facilitate the abandonment of these easements. Staff
will obtain signatures upon approval.
GL/te
Attachment: Resolution for Abandonment
Quitclaim
File: C.IwpAesmt-row. pvlesmtltimarron.abn
City of Southlake, Texas
RESOLUTION NO. 94-01
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, AUTHORIZING TWO
SIGNATURES OF EITHER THE CITY MANAGER,
ASSISTANT CITY MANAGER, CITY SECRETARY, MAYOR,
OR MAYOR PRO -TEM FOR CHECKS ISSUED ON BEHALF
OF THE CITY; FOR ANY ITEM EXCEPT A PAYROLL
CHECK; PROHIBITING THE MAKING OF A CHECK FOR
NON -BUDGETED ITEMS; AND PROVIDING FOR AN
EFFECTIVE DATE UPON PASSAGE AND APPROVAL.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS, THAT:
SECTION 1. All the findings in the preamble are found to be
true and correct and the City Council does hereby incorporate said
findings into the body of this resolution as if copied in their
entirety.
SECTION 2. By passage of this resolution the City Council does
hereby require two (2) signatures of either the City Manager,
Assistant City Manager, City Secretary, Mayor or Mayor Pro -Tem for
checks of $5,000 or more issued on behalf of the City of Southlake
for any item.
SECTION 3. By passage of this resolution the City Council
does hereby require two (2) signatures, facsimile or actual, of the
City Manager, Assistant City Manager, City Secretary, Mayor or
Mayor Pro -Tem for any item except a payroll check which may be
signed, facsimile or actual signature, by only one of the above
named officers.
SECTION 4. By passage of this resolution the City Council
does hereby prohibit the making of a check for any item without
budgeted funds available, as any expenditure requires prior budget
approval from the City Council.
SECTION 5. This resolution shall be in full force and effect
from and after its passage and approval.
PASSED AND APPROVED Jby the Ci Council of the City of
Southlake, Texas on this day of 1994.
ATTEST: }., ""S 'Gary Fickes, Ma r
v
Aandra LeGrand "+tiu at''
City Secretary
F
b 91-01 RES/ORDER ES/kb