1995-048RESOLUTION NO. 95-48
A RESOLUTION VACATING AND ABANDONING A TWENTY -FOOT
WIDTH SANITARY SEWER 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 VARIABLE TWENTY -FOOT
WIDTH SANITARY SEWER EASEMENT 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, a twenty -foot width sanitary sewer 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 twenty -foot width sanitary sewer easement located on
property owned by Timarron Land Corporation in accordance with the deed recorded in Vol.
9813, Page 2375, DRTCT 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 twenty -foot width sanitary
sewer easement is more specifically described on the attached exhibits:
Exhibit A: Metes and Bounds Description
Exhibit B: Graphic Depiction
Whereas, in order to remove any question as to the continued interest or ownership of the
public in said variable width drainage easement, the City desires to execute a Quit Claim Deed
releasing all title, ownership and control in said easement to the owner of the property recorded
in Vol. 9813, Page 2375, DRTCT. and his heirs, and assigns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The twenty -foot width sanitary sewer 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 twenty -foot width sanitary sewer easement
located on property owned by Timarron Land Corporation in accordance with the deed recorded
in Vol. 9813, Page 2375, DRTCT, 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 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 twenty -foot
sanitary sewer 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 day of v
1995.
I
MoorY
Attest:
gpnrnrrrr
E,
ity Secretary
u.
o
EXHIBIT A
LEGAL DESCRIPTION
UTILITY EASEMENT ABANDONMENT
G
a
BEING AN UTILITY EASEMENT 20' WIDE LYING 10' ON EACH SIDE OF THE FOLLOWINGOING ,
DESCRIBED CENTERLINE, SITUATED IN THE BARNETT AND HOLLINGSWORTH SURVEY, s
ABSTRACT NO. 797, THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A
PORTION OF THAT CERTAIN TRACT DESCRIBED IN DEED TO TIMARRON LAND CORP.,
FORMERLY BEAR CREEK COMMUNITIES, INC.), AS RECORDED IN VOLUME 9813, PAGE
2375 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, SAID CENTERLINE BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS.
COMMENCING AT A POINT WHICH BEARS N 29014'06" W A DISTANCE OF 30.39 FEET FROM
A 5/8" CAPPED "CARTER & BURGESS" FOUND AT THE NORTHEAST CORNER OF TIMARRON
ADDITION, GLENDOVER, AN ADDITION TO THE CITY OF SOUTHLAKE ACCORDING TO THE
PLAT RECORDED IN --CABINET A, SLIDE 1709, OF THE PLAT RECORDS OF TARRANT
COUNTY, TEXAS, SAID POINT ALSO BEING S 85°50'14" E A DISTANCE OF 365.46 FEET
FROM AN 5/8" IRON ROD FOUND AT THE SOUTHWEST CORNER OF THAT CERTAIN TRACT
DESCRIBED IN DEED TO JOE WRIGHT, AS RECORDED IN VOLUME 7303, PAGE 572, OF THE
DEED RECORDS OF TARRANT COUNTY, TEXAS,
THENCE S 00010'48" W, A DISTANCE OF 56.39 FEET TO A POINT FOR CORNER;
THENCE N 89025'19" W, A DISTANCE OF 214.75 FEET TO A POINT FOR CORNER;
THENCE S 03024'55" E, A DISTANCE OF 263.64 FEET TO A POINT FOR CORNER;
THENCE S 09015'30" E, A DISTANCE OF 344.17 FEET TO A POINT FOR CORNER;
THENCE S 15045'19" E, A DISTANCE OF 300.13 FEET TO A POINT FOR CORNER;
THENCE S 00042'26" W, A DISTANCE OF 233.51 FEET TO A POINT FOR CORNER;
THENCE S 37025'23" W, A DISTANCE OF 273.08 FEET TO A POINT FOR CORNER;
THENCE S 51005'35" W, A DISTANCE OF 262.12 FEET TO A POINT FOR CORNER;
THENCE•S 29°44'56" W, A DISTANCE OF 291.08 FEET TO A POINT FOR CORNER;
THENCE S 03042'08" E, A DISTANCE OF 302.19 FEET TO A POINT FOR CORNER:
THENCE S 41 041'59" W, A DISTANCE OF 30.98 FEET TO THE POINT OF BEGINNING OF THE
HEREIN DESCRIBED TRACT;
THENCE S 41041'59" W, A DISTANCE OF 167.78 FEET TO A POINT FOR CORNER;
THENCE S 04°06'01" W, A DISTANCE OF 113.20 FEET TO A POINT FOR CORNER;
THENCE S 45047'55" E, A DISTANCE OF 107.47 FEET TO A POINT FOR CORNER AND THE
END OF THE HEREIN DESCRIBED CENTERLINE AND CONTAINING 0.178 ACRES OF LAND.
SHEET 1 OF 2
F:\PROJ ECTS\TI MARRON%95206001 \SDATA\060EX002. FNS
Jr
it
al
POINT OF
COMMENCING
CONTINENTAL BOULEVARD
365.46 N29' 14'06"W
5/8" IRF ^ S 85'50'14' E 30.39
214.75 _ y 5/8" IRF
N 89'25 19 W
I S00' 10'48" W
U3 S 03'24'55" E 56.39 =
263.64
TIMARRON ADDITION 1
GLENDOVER ;
r CAB. A, SLIDE 1709 t
p P. R. T. C. T.
Z S 09' 15'30" E
A 344.17
WA Y
TIMARRON ADDITION
STRA THMORE
CAB. A, SLIDE 2395
P. R. T. C. T.
TIMARRON LAND CORP.
VOL. 9813, PG. 2375
D. R. T. C. T.
S 15'45'19" E
300.13
S 00'42'26" W -
233.51
S372523" W
S 51,05,35" W 273.08
262.12
EXISTING UTILITY
EASEMENT
VOL. 9955, PG. 326
D. R. T. C. T.
TO REMAIN)
POINT OF
BEGINNING
S 41 '41 '59" W
167.78
UTILITY EASEMENT _
0.178 AC.
ABANDONED) 2 0
S 04'06'01 " I
113.20
S 45'47'55" E
300 107.47
SCALE IN FEET
DATE:
SHEET I SCALE:
DRAWN BY:
2 F I CHECKED BY:
EXHIBI T B
20' UTILITY EASEMENT
ABANDONMENT
HOLLINGSWORTH & BARNETT SURVEY
11/01/95
ABSTRACT NO. 797
CITY OF SOUTHLAKE
1"=300' TARRANT COUNTY
DBH
TEXAS
GSV
S 29'44'56" W
291.08
S 03'42'08" E
302.19
S 41 "41 '59" W
30.98
20' UTILITY EASEMENT
TO BE DEDICATED
BY SEPARATE INSTRUMENT
EXISTING UTILITY
EASEMENT
VOL. 9955, 326
D. R. T.C.. T. T.
TO REMAIN)
CE Carter == Burgess
Consultants in Engineering, Architecture,
Planning and the Environment
CARTER & BURGESS, INC.
7950 ELMBROOK DRIVE, SUITE 250
DALLAS, TX 75247-4961
F:\JOB\SLD\95206001\GRA\060EX002.DWG
QUITCLAIM DEED
STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
For and in consideration of the sum of Ten Dollars and for other good and valuable
consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake
Grantor), does hereby bargain, sell, release, vacate, abandon and forever quit claim unto:Timarron
Land Corporation and any and all of their heirs, legal representatives or assigns, all of Grantor's
right, title, and interest in and to the property described on Exhibit "A" and shown on Exhibit "B,"
attached hereto and incorporated herein for all purposes.
TO HAVE AND TO HOLD all of Grantor's right, title, and interest in and to the above
described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor
its heirs, legal representatives or assign shall have, claim or demand any right or title to the aforesaid
property premises or appurtenances or any part thereof.
EXECUTED this the —L day of '1995.
CITY OF SOUTHLAKE
By:
c esGary , MayorGaryMayor
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the 7
1995, by jjb6fu
SANDRA L LEGRAND
NOTARY PUBLIC
State of Texas
of%Comm. Exp. 024497
My commission expires:
Grantee Address:
Timarron Land Corporation
175 E. Continental Blvd.
Southlake. Texas 76092
fomu\quitclaim.fmm
4
day of
Notary Public in and for the State of Texas
Type or Print Notary's Name
Return to:
City Secretary
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092