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1995-028 (2)RESOLUTION NO. 95-28 N VACATING AND ABANDONING TWO 10 -FOOT UTILITY EASEMENTS, 1N THE CITY OF SUUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTIES ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE RELEASES OF EASEMENT RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF SAID TWO 10 -FOOT UTILITY EASEMENTS AND PROVIDING FOR AN EFFECTIVE DATE. Whereas, the City of Southlake is a home rule city acting under it's 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, two 10 -foot utility easements have previously been dedicated to the City of Southlake by the 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 two 10 -foot utility easements located on property owned by F.L. and Dorothy Bailey in accordance with the deed recorded in Vol. 2956, Page 246 Deed Records, Tarrant County, Texas are not being used by, nor useful or convenient to the public in general; therefore, they constitute a public charge without a corresponding benefit, and the public would be better served and benefitted by their vacation and abandonment. Said utility easements are more specifically described as follows: being a strip of land across the tract referred to above, ten (10) feet in width, with the Grantee herein being hereby authorized to designate the course of the easement herein conveyed, except that when the pipe line is installed, the easement herein granted shall be limited to a strip of land ten (10) feet in width, with the center line thereof being the pipe line as installed as recorded in Volume 4217, Page 157 in the Deed Records of Tarrant County, Texas; and being a strip of land across the tract referred to above, ten (10) feet in width, with the Grantee herein being hereby authorized to designate the course of the easement herein conveyed, except that when the pipe line is installed, the easement herein granted shall be limited to a strip of land ten 10) feet in width, with the center line thereof being the pipe line as installed as recorded in Volume 5752, Page 46 in the Deed Records of Tarrant County, Texas. Whereas, in order to remove any question as to the continued interest or ownership of the public in the said two 10 -foot utility easements, the City desires to execute two Releases of Easement releasing all title, ownership and control in said easements to the owner of the property recorded in the Deed Records of Tarrant County, Texas, and his heirs, and assigns. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The two 10 -foot utility easements, as described herein, are not being used by, nor useful or convenient to the public in general. They constitute a public charge without a corresponding benefit, and the public would be better served and benefitted by their vacation and abandonment. Accordingly, the above described two 10 -foot utility easements located on property owned by F.L. and Dorothy Bailey in accordance with the deed recorded in Volume 2956, Page 246 of the Deed Records of Tarrant County, Texas are hereby vacated and abandoned as public property and such areas 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 Releases of Easement releasing all claims to title, ownership, or control of the two 10 -foot utility easements on behalf of the City of Southlake, Texas. A copy of said Releases of Easement 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 day of &W,1W 1995. xl? Mayor V Attest: G rnx City Secretary i