2000-086as
V)
D
OFFICIAL
RESOLUTION NO. 00-86
A RESOLUTION VACATING AND ABANDONING A UTILITY EASEMENT
IN THE CITY OF SOUTHLAKE, TEXAS, DECLARING THAT SUCH
PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR TO EXECUTE AND RECORD A RELEASE
OF EASEMENT RELEASING PUBLIC OWNERSHIP, INTEREST AND
CONTROL OF THIS EASEMENT AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Southlake, Texas is a home rule city acting under its charter
adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and
Chapter 9 of the Local Government Code; and
WHEREAS, the city council of the City of Southlake, after careful study and
consideration, has determined that a utility easement in the City of Southlake, depicted in
Exhibit "A" attached hereto and incorporated herein for all purposes, and as more
particularly described by metes and bounds as set forth in Exhibit "B" attached hereto and
incorporated herein for all purposes (the "Parcel"), 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; and
WHEREAS, in order to remove any question as to the continued interest or
ownership of the public in said easement, the city desires to release all title, ownership and
control of said easement to the owner or owners of the abutting property.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The following easement depicted in Exhibit "A" attached hereto and incorporated
herein for all purposes, and as more particularly described by metes and bounds as set
forth in Exhibit "B" attached hereto and incorporated herein for all purposes (the "Parcel')
is hereby vacated and abandoned as public property. The easement 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 benefited by its vacation
and abandonment. The easement so vacated and abandoned shall revert in fee simple
to the owners of the abutting properties.
SECTION 2.
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute a release of easement releasing all claims to title, ownership, or control of the
easement, on behalf of the City of Southlake, Texas.
SECTION 3.
A copy of said Release of Easement shall be presented for filing with the County
Clerk of Tarrant County, Texas by the office of the city secretary.
SECTION 4.
This resolution shall be effective immediately upon adoption.
APPROVED this /S -day of &Zlukv 2000.
6 44i_
Maydr
RETURN TO:
CITY OF SOUTHLAKE
OFFICE OF CITY SECRETARY
1725 EAST SOUTHLAKE BOULEVARD
SOUTHLAKE, TEXAS 76092
Attest'
City Secretary
t5 -
C1' T1'•O iii,.
rnm
VOL. 388-127, P. 9 \
BLK 1, LOT 8
Pl.
S 76'EJ
18.14'
f\
EXHIBIT 'W'
15' PERMANENT UTILITY EASEMENT
35' TEMPORARY CONSTRUCTION EASEMENT
GEORGE R. STEWART
CEDAR OAKS ESTATES
VOL. 388-127, P. 9
BLK 1, LOT 12B
ss11,
4Er
Ess
jot,,,
a141Vg6s
8' PERi1MENT
UTILITY EASEIIIENT
AREA • 6,341 SO. FT.
0.146 ACRES)
S 47.544)6'V 277
P.L.> '%
VOL. 12727, P. 103
7.Mun 9W f /
FOX -1
ROB.*007
N 89'02V
9.34'
VOL. 388-174,
P. 57
BLK 4, LOT 77
N 89.02'19
16.76'
P.L.
ashnjf
35' TEMPORARY
CONSTRUCTION
EPl. /
ASEMENT , N Y
VOL. 388-127, P. 9
BLK 1, LOT 12A
N 41'54'06"E,.-,27666'., - . . ...-I , ._,.,.•........_,,,:..<; .,, •..;.. ,.• N 00' 59'00'£
5.04'
SURVEYOR'S CERTIFICATION -
35' TEMPORARY
1 zn V w
1. Eddie L. Cheatham of CHEATHAM AND ASSOCIATES. a Registered ProfoeskwKd Land CONSTRUCTION ()
Surveyor of the State of Texas. do hereby declare that that the calculations. graphic EASEMENT IN FEET
depiction and legal descriptkm of this survey were properly prepared under my personal 1 inch - 40 ft.
supervision from an actudsurvey made on the ground.
A107t, ALL BEARINGS BASED ON THE SOUTH PROPERTY LNVE
OF LOT 128, BLOCK 1 OF THE CEDAR OAKS ESTATES CMTS" AND ASSOCIATES
1.._ ADDITION, AS RECORDED IN VOL. J88-127, P. 9
1601
I MON.
1ANM
MLVD
8
601
800
l1(a70N, Tg B 76011RegisteredProfessionalLandSurveyorNo. 2346 (P.R. T.C. T.1, SAID BEARING BEING N 89.02'W. (817) 618-0696 M*tro (817)266 -WW
E444-006
EXHIBIT `B'
15' PERMANENT UTILITY EASEMENT
35' TEMPORARY CONSTRUCTION EASEMENT
Field Notes
Being a 0.146 acre tract of land in John Childress Survey, Abstract No. 253, City of
Southlake, Tarrant County, Texas and being a strip of land, over, through, and across
Block 1, Lot 12B of the Cedar Oaks Estates Addition (Volume 388-127, P.9,
P.R.T.C.T.)) and being more particularly described as follows:
COMMENCING at a 5/8" iron rod found at the northeast corner of Lot 77 of the Cross
Timber Hills Addition, Phase IV, Block 4, said point being in the south property line of
said Lot 12B;
THENCE N 82" 02' W, a distance of 9.34 feet to a point for a comer, said point
being in the south property line of said Lot 12B, and being the POINT OF
BEGINNING;
THENCE N 89° 02'W, a distance of 16.76 feet along said property line to a point for
a comer;
THENCE N 250 47' 33" W, a distance of 142.57 feet to a point for a corner, said
point being in the west property line of said Lot 12B and in the east
property line of Block 1, Lot 12A of the Cedar Oaks Estates Addition in
Volume 388-127, P.9 (P.R.T.C.T.);
THENCE N 000 59' 00" E, a distance of 5.04 feet along said property line to a point
for a comer;
THENCE N 470 54' 06" E, a distance of 276.66 feet to a point for a corner, said
point being in the east property line of said Lot 12B and in the east
property line of Block 1, Lot 8 of the Cedar Oaks Estates Addition in
Volume 388-127, P.9 (P.R.T.C.T.);
THENCE S 76° 19' 46" E, a distance of 18.14 feet along said property line to a point
for a comer;
THENCE S 47° 54' 06" W, a distance of 277.99 feet to a point for a corner;
THENCE S 25° 47' 33" E, a distance of 142.64 feet to the POINT OF BEGINNING,
containing within these metes and bounds 0.146 acres or 6,341 square feet,
more or less.
83
G.\00 I A44\444-IgIO8 doc
STATE OF TEXAS §
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 an easement located in the City
of Southlake, Tarrant County, Texas, depicted in Exhibit "A" attached hereto and
incorporated herein for all purposes, and as more particularly described by metes and
bounds as set forth in Exhibit "B" attached hereto and incorporated herein for all purposes
the "Parcel"), is not being used by, nor useful or convenient to the public in general;
therefore, it constitutes a public charge without corresponding public benefit, and the
public would be better served and benefited by its vacation and abandonment. A true and
correct copy of Resolution 00-86 of the City of Southlake vacating and abandoning the
Parcel and authorizing this conveyance is attached hereto as Exhibit "C."
For and in consideration of the above findings and for other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the City of
Southlake ("Grantor"), a municipality in Tarrant County, Texas, does hereby bargain, sell,
release, vacate, abandon, and forever quitclaim unto George R. Stewart ("Grantee"), and
its successors and assigns, all of Grantor's right, title, and interest in and to the Parcel.
TO HAVE AND TO HOLD all of Grantor's right, title, and interest in and to the
Parcel unto the Grantee, its successors and assigns, so that neither Grantor nor its
successors or assigns shall have, claim, or demand any right or title to the Parcel or any
part thereof.
Page 1
cross timber quit claim stewart.doc
EXECUTED this /,
J(
day of , 2000.
CITY OF SOUTHLAKE
By: 6?6ke
Rick Stacy, Ma1j tr—
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the %J day of
2000, by Rick Stacy, Mayor of the City of Southlake, Texas, a
munIcality, on behalf of said municipality.
dk31 j0 31b1S
LeaONfvlva . F1WWL,
The State
My Commission Expires:
Type or Print Notary's Name
Exhibits:
A - Map of Parcel
B - Legal Description of Parcel
C - Vacating and Authorizing Resolution 00-86
Page 2
cross timber quit claim stewart.doc
VOL. 388-127, P. 9 \
BLK 1, LOT 8
SPL
S 76.946E,
2.14'
EXHIBIT "A"
16 PERMANENT UTILITY EASEMENT
36 TEMPORARY CONSTRUCTION EASEMENT
GEORGE R. STEWART
CEDAR OAKS ESTATES
VOL. 388-127, P. 9
BLK 1, LOT 128
IT FIERIM"
UTLITY EASEiENT
AREA - 6,341 SO. FT.
0.146 ACRES)
s6pgEY
S 47.54'06" W 277.99'
VOL. 12727, P. 103
PL \ % ROD /
PAr,
N BV02V
9.34'
VOL. 388-174,
P. 57
BLK 4, LOT 77
N W02V
16.76'
P.L.
N 41' 4'06.276.66'
35' TEIVORARY ! \ •
4"
CONSTRUCTION
EASEIENT
o`'• VOL. 3,P.9
BLK 1,,LOTLOT 12A
N 41' 4'06.276.66' z -
N 00' 59'00"E
5.04'
R %' SURVEYOR'S CERTFICATION
D e0
0 's -
35' TEIPORARY
i
I. Eddle L. Cheatham of CHEATHAM AM ASSOCIATES. a Registered Professional Land CONSTRUCTION
L. CHEATHAM Surveyor of tM State of Texas, do hereby dedare that that the calculations, grapMc EASBUT ( IN FEET )
2346 .. depiction and legd descriptions of this survey were properly prepared under my perste 1 Inch - 40 ft.
w
j wpervision from an actual survey made an the ground. 0o -t0 NOTE: ALL BEARWGS BASED ON THE SOUTH PROPERTY LWE r J Y D $$ .5,1,8$ SURV OF LOT 129, BLOCK 1 OF THE CEDAR OAKS ESTATES 1601 L LNf BLVD BURT ZapADDITION, AS RECORDED W VOL. J88-127, P. 9 ARLINGTON. TZU5 78011RegisteredProfessionalLandSurveyorNo. 2346 (P.R.T.C.T.), SND BEARM BEING N 89.02'W. (817) 648-0894 U tra (s17)xas-ease
E444-006
EXHIBIT ' B'
15' PERMANENT UTILITY EASEMENT
35' TEMPORARY CONSTRUCTION EASEMENT
Field Notes
Being a 0.146 acre tract of land in John Childress Survey, Abstract No. 253, City of
Southlake, Tarrant County, Texas and being a strip of land, over, through, and across
Block 1, Lot 12B of the Cedar Oaks Estates Addition (Volume 388-127, P.9,
P.R.T.C.T.)) and being more particularly described as follows:
COMMENCING at a 5/8" iron rod found at the northeast comer of Lot 77 of the Cross
Timber Hills Addition, Phase IV, Block 4, said point being in the south property line of
said Lot 12B;
THENCE N 82° 02' W, a distance of 9.34 feet to a point for a comer, said point
being in the south property- line of said Lot 12B, and being the POINT OF
BEGINNING;
THENCE N 89° 02'W, a distance of 16.76 feet along said property line to a point for
a comer;
THENCE N 250 47' 33" W, a distance of 142.57 feet to a point for a comer, said
point being in the west property line of said Lot 12B and in the east
property line of Block 1, Lot 12A of the Cedar Oaks Estates Addition in
Volume 388-127, P.9 (P.R.T.C.T.);
THENCE N 000 59' 00" E, a distance of 5.04 feet along said property line to a point
for a comer;
THENCE N 470 54' 06" E, a distance of 276.66 feet to a point for a comer, said
point being in the east property line of said Lot 12B and in the east
property line of Block 1, Lot 8 of the Cedar Oaks Estates Addition in
Volume 388-127, P.9 (P.R.T.C.T.);
THENCE S 760 19' 46" E, a distance of 18.14 feet along said property line to a point
for a comer;
THENCE S 470 54' 06" W, a distance of 277.99 feet to a point for a corner;
THENCE S 25° 47' 33" E, a distance of 142.64 feet to the POINT OF BEGINNING,
containing within these metes and bounds 0.146 acres or 6,341 square feet,
more or less.
At
WDO I.441\444-IgIoa.doc
D200198155
CITY OF SOUTHLAKE
1725 E SOUTHLAKE BLVD
SOUTHLAKE TX 76092
W A R N I N G -THIS IS PART OF THE OFFICIAL RECORD --D O N O T D E S T R O Y
I N DEXE D-- TARRANT COUNTY TEXAS
S U Z A N N E H E N D E R S O N -- COUNTY CLERK
O F F I C I A L R E C E I P T
T O: CITY OF SOUTHLAKE
RECEIPT NO REGISTER RECD -BY PRINTED DATE TIME
200349010 DR92 D W 09/01/2000 13:07
INSTRUMENT FEECD INDEXED TIME
1 D200198155 WD 20000901 13:07 CG
T O T A L: DOCUMENTS: 01 F E E S: 25.00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.