1995-027RESOLUTION NO. 95-27
A RESOLUTION VACATING AND ABANDONING A PORTION OF A 15 -FOOT
UTILITY EASEMENT, 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 QUIT CLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST
OR CONTROL OF SAID 15 -FOOT UTILITY EASEMENT AND PROVIDING FOR 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, a 15 -foot utility easement has previously been dedicated to the City of
Southlake by the previous owner of the affected property in the City of Southlake, Tarrant
County, Texas
Whereas, the City Council of the City of Southlake, after careful study and
consideration, has determined that said 15 -foot utility easement located on property between Lot
39 and Lot 40, Block 3, Southridge Lakes Phase III , Section One, an addition to the City of
Southlake, Tarrant County, Texas in accordance with the deed recorded in Cabinet A, Slide 782,
Plat Records, 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 benefit, and the
public would be better served and benefitted by its vacation and abandonment. Said 15 -foot
utility easement is more specifically described on the attached exhibit:
Exhibit A: Legal and Graphic Description
Whereas, in order to remove any question as to the continued interest or ownership of the
public in said 15 -foot utility easement easement, the City desires to execute a Quit Claim Deed
releasing all title, ownership and control in said easement to the owners of the property of Lot 39
and Lot 40, Block 3, Southridge Lakes Phase III, Section One, recorded in Cabinet A, Slide 782,
Plat Records, Tarrant County, Texas and their heirs, and assigns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The 15 -foot utility easement, as described herein, 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 benefitted by its vacation and abandonment.
Accordingly, the above described 15 -foot utility easement located on property owned between
Lot 39 and Lot 40, Block 3, Southridge Lakes, Phase III, Section One, City of Southlake, Tarrant
County, Texas in accordance with the deed recorded in Cabinet A, Slide One, Plat Records,
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 said property.
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 15 -foot 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.
law.
1995.
SECTION 3
This resolution shall be in full force and effect from and after its passage as provided by
PASSED AND APPROVED ON THIS I q day of
layor
Attest:
00,0WnM"liq
c
tY Of SpG.,,- \
s
y =_ City Secretary
nom,
OUITCLAIM DEED
STATE OF TEXAS : KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT :
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after
careful study and consideration, has determined that a portion of a certain 15 -foot utilitv easement
located between Lot 39 and Lot 40 Block 3, Southridge Lakes Phase III, Section One, an addition
to City of Southlake, Tarrant County, Texas, 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: owners of Lot 39 and
Lot 40. Block 3. Southridee Lakes Phase III. an addition to the Citv of Southlake. Tarrant Countv.
Texas and any and all of their heirs, legal representatives of 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 and Graphic Description
TO HAVE AND TO HOLD all of its right, title and interest in and to the above described
15 -foot utilitv easement unto the said Grantee, his heirs and assigns forever, so that neither Grantor
nor its heirs, legal representatives of assigns shall have, claim or demand any right or title to the
aforesaid 15 -foot utilitv easement. premises or appurtenances or any part thereof.
Executed this the day of '1995.
CITY OF SOUTHLAKE
By: i
Gary Fickes, Mayor
BEFORE ME, the undersigned authority, on this day personally appeared GARY FICKES, 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 the 3 day of Pcwtu) 1995.
p
C IT Y OA
soG
Sandra LeGrand, City Secretary * y
a
Grantee Address: Return to:
forms\quitclaimIrm
City Secretary
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
2
I 'FROM HARRON CABLE
AIJG-24-1995
Appendix
11:0-1 FROM CITY OF 39UTHLAKE
SEP. 14. 1'395 10:OL"M P 2
PHONE NO. : 2149230039
TO 12142425814 P.03
Public Easement AbandommeW by plat
Recorded pubtia eaaemenss may be abandoned on final plain, plat revisions, plat aiYa 4qs, or
awmded plan which are approved by the Planning and Zoning Commission or City Coumd
by the following procedure. First, the staLesnent and sigaRtum bloclr indiemM helcaw Rhould be
added to the face of the ptat. Upon final approval of the plat, the applicant shall obtain
sigliatum of approval fr(a dte Meswatift of each respective utility company. 8ignat me
must be original for every doomnM to be recorded - mylar ortilaals if Tarrant County or
my lar adginats and blueltne copier if Dedon County. Addresses and phone nmbers of utility
componI&S taspresensatfves m pt+arided on the second pkp of dais appendix, Tile City will
then obtam appropriate sigmftm f1"m City awl elected of leb.
we, rhe uodmi4md. as d* egbmin " dues of the respective ua'luy ompanies,
h=ft express ao oNwAicn to 81tm dwndom2m of do now= to Awd on chis plat, said
cams at'beWS p mvlausly recorded in Filo f3l&a A, Slide M.Y* 22, 1941, 'i'err= Coaacy.
Texas.
Marron
3sa as Cable
5i sd:
Printed Name: T., mar.k.
i'ill: - ___-•-. TGa+nica Q ari su ?r
Dare:
AUG 24 135 10:17 817 488 5074 PAGE.003
FROM FT, WORTH ENG,
f
WED) 03.02' 95 06:26/ST. 03: 200. 3560345050.P 1/1.
City of Southlake
U pear laly 11, 1995
Gwiy Fick"
Mayor Pro Tem:
Andrew L. Wbmbegum
OepWMayor Pro Tarn- To: Utility Companies
PamdaA- War
Cor dmernnem
WhasiT. Rkharme IRo- &, scment Abwdon ent
W- Ralph E,venc
wily A- MA
PoIdd .l_ Vanam
CZV Manager. AttA w you will fmd easement abmwbmaent form for a 15 -foot easemwt bwm=
CLAS E. hawk 402 and 403 Donley Court. The property oVM=s have requested abandonment of
AssWWICWMWger this easemat because the City does mt, pian to use it.
tf rre K, Yel r6on
taysaaetuy At your earliest convenience, please review the description and plat, and if you
SarKkd L LeGmnd have no problem, with the abandonmm, sign the form and send back to the City.
We plan to put this on the first August Council- meeting if everything is clear.
Si=rely,
jmjia
Sandra Morey
667 North Carroll Avenue - Southlake, Texas 76092
817) 401-5561 - FAX (8 17) 4885097
ANEQU A4 OPMRTUNI"EUPWYER'
Appendix
Public Easement Abandonment by Plat
Recorded public easements may be abandoned on final plats, plat revisions, plat showings, or
amended plats which are approved by the Planning and Zoning Commission or City Council
by the following procedure. First, the statement and signature block indicated below should be
added to the face of the plat. Upon final approval of the plat, the applicant shall obtain
signatures of approval from the representative of each respective utility company. Signatures
must be original for every document to be recorded - mylar originals if Tarrant County or
mylar originals and blueline copies if Denton County. Addresses and phone numbers of utility
companies representatives are provided on the second page of this appendix. The City will
then obtain appropriate signatures from City and elected officials.
We, the undersigned, as duly authorized representatives of the respective utility companies,
hereby express no objection to the abandonment of the easement so noted on this plat, said
easement being previously recorded in File Cabinet A, Slide 782,July 22, 1991, Tarrant County,
Texas.
Lone Star Gas
Signed:
Printed Name:
Title:C^OJQ L
Date:
Appendix
Public Easement Abandonment by Plat
Recorded public easements may be abandoned on final plats, plat revisions, plat showings, or
amended plats which are approved by the Planning and Zoning Commission or City Council
by the following procedure. First, the statement and signature block indicated below should be
added to the face of the plat. Upon final approval of the plat, the applicant shall obtain
signatures of approval from the representative of each respective utility company. Signatures
must be original for every document to be recorded - mylar originals if Tarrant County or
mylar originals and blueline copies if Denton County. Addresses and phone numbers of utility
companies representatives are provided on the second page of this appendix. The City will
then obtain appropriate signatures from City and elected officials.
We, the undersigned, as duly authorized representatives of the respective utility companies,
hereby express no objection to the abandonment of the easement so noted on this plat, said
easement being previously recorded in File Cabinet A, Slide 782,1uly 22, 1991, Tarrant County,
Texas.
Sammons Cable
Signed:
Printed Name: s %J. C4 Q-;AA
Title: --O-ViLA—LN
Date: :III zli
t r
Appendix
Public Easement Abandonment by Plat
Recorded public easements may be abandoned on final plats, plat revisions, plat showings, or
amended plats which are approved by the Planning and Zoning Commission or City Council
by the following procedure. First, the statement and signature block indicated below should be
added to the face of the plat. Upon final approval of the plat, the applicant shall obtain
signatures of approval from the representative of each respective utility company. Signatures
must be original for every document to be recorded - mylar originals if Tarrant County or
mylar originals and blueline copies if Denton County. Addresses and phone numbers of utility
companies representatives are provided on the second page of this appendix. The City will
then obtain appropriate signatures from City and elected officials.
We, the undersigned, as duly authorized representatives of the respective utility companies,
hereby express no objection to the abandonment of the easement so noted on this plat, said
easement being previously recorded in File Cabinet A, Slide 782,July 22, 1991, Tarrant County,
Texas.
TU Electric.
Signed: `/
c
dAIQ
Printed Name: GL L -ddde rl&A-
Title: Ntit
Date: I - ZG - 7!
TU Electric will allow the above request to abandon the easement
in question provided it has no effect on our 10 foot utility
easement along the front property line of lots in question.
Appendix
Public Easement Abandonment by Plat
Recorded public easements may be abandoned on final plats, plat revisions, plat showings, or
amended plats which are approved by the Planning and Zoning Commission or City Council
by the following procedure. First, the statement and signature -block indicated below should be
added to the face of the plat. Upon final approval of the plat, the applicant shall obtain
signatures of approval from the representative of each respective utility company. Signatures
must be original for every document to be recorded - mylar originals if Tarrant County or
mylar originals and blueline copies if Denton County. Addresses-md phone numbers of utility
companies representatives are provided on the second page of this appendix. The City will
then obtain appropriate signatures from City and elected officials.
We, the undersigned, as duly authorized representatives of the respective utility companies,
hereby express no objection to the abandonment of the easement so noted on this plat, said
easement being previously recorded in File Cabinet A, Slide 782july 22, 1991, Tarrant County,
Texas.
TAi
Tri -County Electric Cooperative, Inc. 4
Signed: F 'i s T`.
L
Printed Name: 17 I A gU A)
Title:
Date: 3 - 7
Exhibit: A
EASEMENT DESCRIPTION
A 15 foot wide utility easement across Lot 39 and Lot 40, BIock 3, SOUTHRIDGE LAKES, PHASE III, SECTION
ONE, an Addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide
782, PIat Records, Tarrant County, Texas and said easement described as follows:
BEGINNING at the northwest corner of said Lot 40 and being the northeast corner of said Lot 39;
THENCE North 89 degrees 01 minutes 07 seconds East, 10,0 feet to a corner;
THENCE parallel the west line of said Lot 40, South 00 degrees 28 minutes 26 seconds West, 200.83 feet to a point 10
feet from the right-of-way line of Donley Court, with a radius of 60.0 feet the center being South 10 degrees 03 minutes
59 sconds West;
THENCE westerly along said curve and concentric width street right-of-way line, 15.05 feet;
THENCE North 00 degrees 28 minutes 26 seconds East, 199.82 feet to a point in the north line of said Lot 39;
THENCE North 89 degrees 01 minutes 07 seconds East, 5.00 feet to the POINT OF BEGINNING.
POINT OF W, SULUVAN, JR. ET UX
BEGINNING VOL. 6 8 2 4, P& 318
IN 89*01'07' E54/ 10.00,
00' -
LOT 39/ ALOT4
W
N0. r / °p IAADIROVEMENr
d N Nor sHowN
Cl)
a No
co
i5' EASEMENT
TO BE ABANDONED
V
r/
r
f 0
15.05'
R=60.0'
DONLEY
COURT
REVISED: 09-25-1995
REVISED: 08-22-1995
DATE: 06-27-1995
SURVEY NO.: 9501779
SCALE: I inch = 40 feet
LEGEND
O STEEL ROD FOUND
STEEL ROD SET
PROPERTY LINE
WOOD FENCE
X — CHAIN LINK FENCE
0 P.P. POWER POLE
E— OVERHEAD ELECTRICAL LINES
CONCRETE
BLOCK 3 /
The undersgned does hereby certify that this survey was this day made on the ground of the property legally described
hereon and is correct, and that there are no discrepancies, conflicts, encroachments, overlapping of improvements,
visible easements or rights of way, except as shown hereon, and that said property has access to and from a dedicated
roadway- Said property being subject to any and all easements, reservations and restrictions that may be of record.
A ....... _.___ ._ .ti.., nn ...,.,...,,,,,,, -I-,- -- A--1 6--A zones are an estimate based on data shown on the Flood
e interpreted as a study or determination of the flooding
a; koo
THOMAS W. VOGT, P.E.
REGISTERED PROFESSIONAL LAND SURVEYOR NO.1928
REGISTERED PROFESSIONAL ENGINEER NO. 45622
P.O. BOX 210274 • BEDFORD, TEXAS 76095.7274
PHONE: (81i 284.1621 * FAX: (817) 5891278
COPYRIGHT 1994 BY THOMAS W. VOGT