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0998 OFFICIAL RECORD CITY OF SOUTHLAKE ORDINANCE NO. 998 AN ORDINANCE VACATING AND ABANDONING A PORTION OF AN EASEMENT AND RIGHT OF WAY ALONG W. CONTINENTAL BOULEVARD CONVEYED TO THE CITY OF SOUTHLAKE AND RECORDED IN VOLUME 13332, PAGE 498 D.R.T.C.T. IN THE CITY OF SOUTHLAKE; DECLARING THAT A 0.331 ACRE PORTION OF THE EASEMENT AND RIGHT OF WAY ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THE 0.331 ACRE PORTION OF THE EASEMENT AND RIGHT OF WAY; PROVIDING A SEVERABILTY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas ( "the City ") is a home rule city acting under its power 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 0.331 acre portion of the easement and right of way, located in the City of Southlake, recorded in Volume 13332, page 498 D.R.T.C.T. is not being used by, nor useful or convenient to the public in general; therefore, it would be better served and benefited by its vacation and abandonment; and WHEREAS, the City Council of the City of Southlake has determined the easement and right of way was dedicated to the City of Southlake for the use of the public by Carroll Independent School District and recorded in volume 13332, page 498 D.R.T.C.T. WHEREAS, in order to remove any question as to the continued interest in the easement and right of way, the City desires to execute quitclaim deeds releasing all title and control in said 0.331 acre portion of the easement and right of way to the owner of the property from which the easement and right of way was originally dedicated; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 A 0.331 acre portion of the easement and right of way for W. Continental Boulevard, located in the City of Southlake, recorded in Volume 13332, page 498 in the City of Southlake, more specifically described in Exhibit A and shown graphically in Exhibit B. Exhibits "A" and "B" attached hereto and incorporated 1 herein for all purposes, are not being used by, nor useful or convenient to the public in general and the public would be better served and benefited by the vacation and abandoned of the 0.331 acre portion of the easement and right of way. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute quitclaim deeds to the following entity: Carroll Independent School District for the easement and right of way described in Exhibits "A" and "B ". SECTION 3 Copies of said quitclaim deeds shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 4 It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 5 This Ordinance shall be in full force and effect from and its passage, and it so ordained. 2 PASSED AND APPROVED ON FIRST READING ON THIS 29 DAY OF MARCH , 2011. ti AlIP MAYOR ATTEST: �.•``pv.H•F t o , ItA lUt * CITY SECRETARY ••,, rne6t•- 'x•rs��� PASSED AND APPROVED ON SECOND READING ON THIS 29 DAY OF APRIL , 2011. a la AzielitilLtdr MA OR 11 1 111I IttIIIS sg , ' .... ATTEST: ." THL,q� •• .... �. , (A',c) te r - . :co: CITY SECRETARY = ' EFFECTIVE: 46 „ /j1 *IIII APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY , 3 EXHIBIT "A" "Property Description of Right -of -Way Relinquishment" Being a 0.331 of an acre tract of land situated in the S. Thompson Survey, Abstract No. 1504, City of Southlake, Tarrant County, Texas, and being a portion of land originally conveyed to the Carroll I.S.D., according to the deed recorded in Volume 8302, Page 689, Deed Records of Tarrant County, Texas and subsequently conveyed to the City of Southlake as Easement and Right -of -Way and recorded in Volume 13332, Page 498, Deed Records of Tarrant County, Texas; said 0.331 of an acre of land being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod found at the northwest corner of said Carroll I.S.D. tract in the south line of W. Continental Boulevard (a variable width R -O -W) and also being the southwest corner of said Easement and Right -of -Way to the City of Southlake; THENCE N 89 °04'56" E, along said line 132.00 feet to a 5/8 inch iron rod with "TNP" cap set at the POINT OF BEGINNING of the tract described hereon; THENCE N 89 °01'48" E, leaving said line over and across said Easement and Right - of -Way tract, 199.27 feet to a "X" cut in concrete set at the beginning of a tangent curve to the right whose radius is 758.00 feet and whose long chord bears S 78 °56'40" E, 315.85 feet; THENCE along said curve in a southeasterly direction through a central angle of 24 °03'03 ", an arc length of 318.18 feet to a 5/8 inch iron rod with "TNP" cap set at the beginning of a reverse curve to the left whose radius is 842.00 feet and whose long chord bears S 67 °41'47" E, 22.84 feet; THENCE continuing over and across said Easement and Right -of -Way, along said curve in a southeasterly direction through a central angle of 1°33'16", an arc length of 22.84 feet to a 5/8 inch iron rod with "TNP" cap set at the beginning of a compound curve to the left whose radius is 110.00 feet and whose long chord bears S 72 °33'22" E, 119.89 feet; THENCE continuing over and across said Easement and Right -of -Way, along said curve in a southeasterly direction through a central angle of 66 °02'34 ", an arc length of 126.79 feet to a 5/8 inch iron rod with "TNP" cap set at the beginning of a compound curve to the left whose radius is 842.00 feet and whose long chord bears S 81°59'56" E, 157.31 feet; THENCE continuing over and across said Easement and Right -of -Way, along said curve in a southeasterly direction through a central angle of 10 °43' 13 ", an arc length of 157.54 feet to a 5/8 inch iron rod with "TNP" cap set at the end of said curve in the east line of said Easement and Right -of -Way tract; THENCE S 00 °33'24" E, along said line 0.94 feet to the northwest corner of Lot 1, Block 1, Continental Park Estates, an addition to the City of Southlake, Tarrant County, Texas, according to the plat recorded in Volume 388 -98, Page 23, Plat records of Tarrant County, Texas, also being the northeast corner of the aforementioned tract of land conveyed to Carroll I.S.D. and being the beginning of a non - tangent curve to the right whose radius is 1220.00 feet and whose long chord bears N 81 °30'56" W, 378.39 feet; THENCE along the north line of said Carroll I.S.D. tract and the south line of said Easement and Right -of -Way tract along said curve in a northwesterly direction through a central angle of 17 °50'33 ", an arc length of 379.92 feet to a 1/2 inch iron rod found with plastic cap stamped "Landes & Assoc. "; THENCE N 72 °35'39" W, continuing along said line, 43.80 feet to a 1 /2 inch iron rod found with plastic cap stamped "Landes & Assoc." at the beginning of a tangent curve to the left whose radius is 1220.00 feet and whose long chord bears N 81 °45'21" W, 388.51 feet; THENCE continuing along said line and said curve in a northwesterly direction through a central angle of 18 °19'26 ", an arc length of 390.17 feet to the POINT OF BEGINNING and containing 14,420 square feet or 0.331 an acre of land. F , C 2 / zA THERON W. SIMS Theron W. Sims, R.P. . Texas Registration No. 887 4 o 7 • e 0 i1tRY Bearings are based on the Texas State Plane Coordinate system, North Central Zone NAD83(CORS96) Epoch 2002.0 Integral parts of this survey: a. Legal Description b. 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I I �� Lu 1 - *NIn� o 10 y ,� In W CO H V r, m t0 M O) O iA I 1 Q p�;� Q r a O if1 f,M.AM� �bie P Q = • • P � CO J IA 0 O 1 5 I p NNNN ZZ �- • - N Z J o C 3' � (P O I �'R O �� (II000000 II ° °A n r co Er to �► W O M Z � d n u � i rn � a CD �,,� ap J CO co cC r.: Of O Z I� O U M N N,- M M O \ co I I N O Q ci),„:\", m e M IS �,N � I I Z � NM � � t O ' - U U U U U U Z U I R 6i INVOICE Star - Telegram Customer ID: CIT57 400 W. 7TH STREET Invoice Number: 315707041 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 5/6/201 1 Federal Tax ID 26- 2674582 Terms: Net due in 21 days Due Date: 5/31/2011 Bill To: CITY OF SOUTHLAKE PO Number: 21100072 1400 MAIN ST Order Number: 31570704 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: City of Southlake Ord Attn: Attn: ACCOUNTS PAYABLE Publication Date: 5/6/2011 u a 3. W �Co IBC « ' ht age MU tE ? y . Atrrw �,. ITY • F Southlake Or No. 998 City of Sou AN ORDINANC E VACATING AND 13580 1 28 28 LINE $17.40 $487.16 ABANDONING A PORTION OF AN EASEMENT AND RIGHT OF WAY Sales Discou ALONG W. CONTINENTAL BOU- ($449.28) LEVARD CONVEYED TO THE CITY OF SOUTHLAKE AND RECORDED IN VOLUME 13332, PAGE 498 $10.00 MiSC Fee D.R.T.C.T. IN THE CITY OF SOUTHLAKE; DECLARING THAT A RECEIVED 0331 ACRE PORTION OF THE EASEMENT AND RIGHT OF WAY ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM Net Amount: $47.88 TER EST RELEASING OTHE PUBLIC 0331 ACRE 11 11 2011 PORTION OF THE EASEMENT AND mg AY \ \1�11111i1/// RIGHT OF WAY; PROVIDING A \ \ \\ // SEVERABILITY CLAUSE; AND • $, \ y 1.. I PROVIDING app this the 29TH 9TH � ••* day of April 2011, during the regular nFFICE OF CITY SECRETARY : Q : PP U e ( , •O CKy Council meeting. Z : o Mayor John Terrell : () ` Z C•■' ; Atte Alicia Richardson, City Sec- * IN �Q.." • -/TFJ(P1R�5••* THE STATE OF TEXAS // /,,, 0 7 I 1 310 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published ' the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TE GRAM (817) 215-2323 Signed ■ SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, M. 0=, 2 1. Notary Public i _ le Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 315707041 Invoice Amount: $47.88 PO Number: 21100072 Amount Enclosed: ', INVOICE Star- Telegram Customer ID: CIT57 400 W. 7TH STREET RECEIVED Invoice Number: 315158631 FORT WORTH, TX 76102 (817) 390 -7761 Invoice Date: 4/2/2011 Federal Tax ID 26- 2674582 s !1F ii 2 0 '1 Terms: Net due in 21 days Due Date: 4/30/2011 Bill To: PO Number: 21100072 CITY OF SOUTHLAKE OFFICE OF CITY SECRETARY 1400 MAIN ST APR 1 1 2011 Order Number: 31515863 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: PUBLIC HEARING Attn: Attn: ACCOUNTS PAYABLE Publication Date: 4/2/2011 -1P I1 0) s)r ' _ ";` ,, " €1r a i t t i r.0 4 D ep th L MU. Rate Amount PUB ° ' ,t` ' -, Legal 1 38 38 LINE $17.35 $659.36 +. Y , ' and right o wa along W. Conti- n ne yed to the t � $604.38 tyy f o Make a recorded in Sales win held a p9 11, Volume 13 Page 498 D.k7 C.T. Tuesday Apri 1 14, 219, at 530 in the City of Southiake; d P.rt6 Or Immediately towing the that a 0.3 acre portion ' of the 00 Misc n GrM at i }yaii 1q� easement and right of way are $10.00 Man Street, smuthtake, Texas. unnecessary for use by the public fihe purpose of this hearing is to uthorize exution of quitclaim consider ce Deed a s releasin pubil :14erest of Ordinan No, 999 to abandon a the 0. 33 1 a tre portion of the pedestrian and equestrian easement and right of way. meat located along the so A interested persons are urged to g Net Amount: $64.98 boundary of Lots 10 z 2Z s ' r a itithgr TRMC low 3 Hoi�t+ir ds s the plat dated July 5, C Se \ « oil It lUrrio. # No� of a to vacate and �x 1 " , 1' 1 �'4 a rt "easement ` :•j • P • ••. �U Q :�.P 118 - . 2 s ir- - T OTE O'C< • • EXPIR • THE STATE OF TEXAS ����� / / 'r0T - 31 i` �o County of Tarrant r r rrittili11 11 Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was publishe in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215-2323 'k `� \n Signed SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Apr 01, / 1. / Notary Public f i / . ./_ _ A _ — _ _ L Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 315158631 Invoice Amount: $64.98 PO Number: 21100072 Amount Enclosed: