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0702 p OFFICIAL RECORD ORDINANCE NO. 702 AN ORDINANCE VACATING AND ABANDONING A PORTION OF RIGHT- OF - WAY ON SOUTH WHITE CHAPEL BOULEVARD, 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 QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID RIGHT -OF - WAY 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 to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council ofthe City of South lake, after careful study and consideration, has determined that a portion of right-of-way on South White Chapel Boulevard in the City of Southlake, hereinafter more specifically described, are 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; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the City desires to execute quitclaim deed releasing all title, ownership and control in said right-of-way to the owners of the abutting property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The following right-of-way on South White Chapel Boulevard is hereby vacated and abandoned as public property: South White Chapel Boulevard located in the Cash Acres Addition to the City of Southlake said right-of-way being depicted and described as Lot 2. The right-of-way is not being used by, nor useful or convenient to the public in general. It constitutes a public charge 10f9 without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. The right-of-way so vacated and abandoned shall revert in fee simple to the owners ofthe abutting properties. Said portion of right-of-way on South White Chapel Boulevard is more specifically described on the attached exhibits: EXHIBIT A: Legal Description EXHIBIT B: Graphic Depiction Further, the attached Exhibit "C" documents the approval of these abandonments by the utility companies, and Exhibit "D" documents the approval of the adjacent property owners. SECTION 2 The Mayor of the City of South lake, Texas, is hereby authorized and empowered to execute one or more quitclaim deeds releasing all claims to title, ownership, or control of the right-of-way on behalf of the City of Southlake, Texas. SECTION 3 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 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 judgement 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 after its passage, and it is so ordained. 20f9 PASSED AND APPROVED ON FIRST READING ON THIS L DAY OF ~ ,1998. ~\\\\\lII""IIII/, ~'\ 0 U Tit 1'///,1: ~r;co ...... (.. ~ so O~ '..-7 L ~ ~ * '.;,-^ ~ .:::~ ..'.:~ ~ =fr- \-\~ =-0 !m::: :; :)( .::: ~ .l:A ~ ~.... .... Co ~ ~ .......... ~ ~/".** \\~~ ~11/f1/1I111\\\\\'\ CITY OF SOUTHLAKE, TEXAS ~Kib ATTEST: ~1t~ ITY SECRETARY ~ED AND APPROVED ON SECOND READING ON THISK DAY OF , 1998. ,2LllL'L 1\.1 Pi; I. CITY Of SOUTHLAKE ADMINISTRATIVE OfFICES OffiCE OF CITY SECRETARV 1725 E. SOUTHlAKE BLVD. SOUTHLo\KE. TEXAS 76092 CITY OF SOUTHLAKE, TEXAS M~~ ATTEST: ~A~ , CITY SECRETARY 30f9 APPROVED AS TO FORM AND LEGALITY: w/ct1~ CITY ATTORNEY Date: Adopted: tl I)~ 1 Effective:~" 'J ,"')~ :\.1 :\WP-FILESIORD\7n2\ORD. wpn 40f9 ,/ I I<~, .'/ '.. l . " David c. MoakjSurv~yors, Inc. . i'. ' . '.1. Registered ProffsslOtlal Land Surveyors '\. \ / /f ""'::::-.. \J ~(/ '.....::-.-.-- '.'."" David W. Myers, R.P.L.S. President EXHIBIT A · Acreage · Topography . Subdivisions · Loan Surveys · Investigative Surveys · Construction Layout David C. Moak, R.P.L.S. Consultant Texas . New Mexico . Arizona . Nevada DESCRIPTION FOR RIGHT-OF-WAY ABANDONMENT ( SEE EXHIBIT "8" ) ALL that certain tract or parcel of land situated in the H. GRANBERRY SURVEY, ABSTRACT NO. 581, City ot Southlake, Tarrant County, Texas and being a portion of South White Chapel Boulevard right-ot-way, Southlake, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at the most westerly northwest corner of Lot 2, Cash Acres, an addition to the City of Southlake, Tarrant County, Texas as recorded in Volume 388-114, Page 611 of the Plat Records J Tarrant County, Texas and being in the easterly boundary line of Lot 1, Aubrey Estates, an addition to the City of Southlake J Tarrant County, Texas as recorded in Volume 388-142, Page 41 of the Plat Records, Tarrant County, Texas; THENCE North 11 degrees 24 minutes 00 seconds West with easterly boundary line of said Lot 1,29.72 feet to a 1/2 capped steel rod stamped "MOAK SURV INC" set; the inch THENCE North 50 degrees 34 minutes 00 seconds East departing said boundary line, 69.24 feet to a 1/2 inch capped steel rod stamped "MOAK SURV INC" set at the beginning of a curve to the left; THENCE easterly with said curve to the left having a radius of 1230.24 feet, a central angle of 09 degrees 37 minutes 14 seconds, an arc length of 206.57 feet and a long chord of North 45 degrees 4 5 minutes 2 3 seconds East at 206.33 feet to a 1/2 inch capped steel rod stamped IlMOAK SURV INCIl set in the westerly boundary line of a tract described in the deed to David Machallca as recorded in Volume 7193, Page 160 of the Deed Records, Tarrant County, Texas; THENCE South 08 degrees 26 minutes 50 seconds East wi th said westerly boundary line, 12.28 feet to the most easterly northeast corner of aforesaid Lot 2; Page 1 of 3 ) 5 OF 9 105-B Bedford Rd. . Bedford, Texas 76022-6208 · Metro (817) 268-2211 · Fax (817) 282-0401 Member Texas Society of Professional Surveyors & American Congress on Surveying & Mapping ,.._,"_. .,...._.~_~_. ,~___"'~_,.__._._._~..,'_._,____.-...v'u_.__.._...~._u.,..,~.~...".,,____..._._,...._.~..... /;/1...'1 ..", '/ 't-. '" David c. Moak!Sun'~yors, Inc. ~ i ", . . t : " ! I Registered ~rof~ssiclpal Land Surveyors ':~" \ " .",' ..,......""'- \, ( -,,-<-~;/ '-:-..:::.:_:...; './"' EXHIBIT A (CO NT.) · Acreage . Topography . Subdivisions · Loan Surveys . Investigative Surveys . Construction Layout David C. Moak, R.P.L.S. Consultant Texas . New Mexico . Arizona . Nevada David W. Myers, R.P.L.S. President THENCE along the northerly boundary line of said Lot 2 as follows: South 37 degrees 23 minutes 36 seconds West departing said westerly boundary linel 17.07 feet; South 41 degrees 23 minutes 36 seconds West, 87.07 feet; South 45 degrees 43 minutes 35 seconds West, 180.55 feet to the place of beginning and containing 0.1042 acres of land, more or less, as surveyed by David C. Moak Surveyors, Inc. during the month of February 1998. Page 2 fo 3 ) C-w~'5Y ,..- 105-B Bedford Rd. · Bedford, Texas 76022-6208 · Metro (817) 268-2211 · Fax (817) 282-0401 Member Texas Society of Professional Surveyors & American Congress on Surveying & Mapping 60F9 TYPE 2 1 3 ."... " .1 8 ~x 1--), BtT Ke;t -~~~. ---- -- ... '1'-<1 l~/ / ii- o "7 .... "-" '....... ~ 8' V?lfMOA~0~ "':Joe; 'lc) 'X/f::. 12.26 ~ ~---.... \)! c\.... 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(PA9C: ~ OF- 3 ) 0E:-E::- Oe;C::>Gt:Z-\ PflOh1 ) The p; a t r,eleor, is an acc.;ura"te ,epresentai i on of an ac"tua j su,vey made on i.he ground under "ilt/ m'::,l super....' i s I on and "the J i ties, corners, and d i mens ions of sa i d propert'::,l are as j nd i cat.,q; The size, location, and -t'::,lpe of buiJdlnss and irnprovemenis shown are as indicated: ~ald'" ~ i mpro'!ernen-ts be i ns with j n the bound,ar I es of the properi,::;, excepi. as sho\,ojn, and set baek f rOiT. · 'e bound"r,::; j i nes the distances i nd i cated; The d i siance f rom the nearest jnters~ctjn9 street or road is as shown: There are no apparent encroachmen~6, protrusions, boundal ~ Jlne conf I Jets, visible easements or easements of record as furnished to us, excep"t as show,", or "oi.ed otherw i se. SCALE \1\:::; c:70\ bAVID C. MOAK Survey()r$~ IlIc. _uNL STEEL ROD REGISTERED PROFESSIONAL IT CAPPED STEEL ROD LAND SURVEYORS R..)SS CUT IN CONCRETE BOX 1034 (8t7) 268-221l . OUNC' STEEL PIPE P.O. ~OUND 801S D' ARC STAKE. HURST, TEXAS 76053 ~, POWER OR TELEPHONE L r NE ? - '20 - ~e> 7 "A *"- lENTERL I NE FENCE DATE JOB. OJ1'Z Z " Copies of this plot not conotoinln9 on impression seal and oriqinol Net Ink slgncrture should be asaumed to contain unauthorized crltertrllon. therefore voiding the '!toted certlficcrtlon. 7 OF 9 LEGEND . -<)- EXHIBIT 'C' UTILITY COMPANY APPRO V ALS We, the undersigned, as duly authorized representatives of the resp~ctive ~ cgpatl~ies, hereby express no objection to the abandonment of the portion of Whtfe.s c. r.o.w. so noted on the attached exhibits, Tarrant County, Texas. Signed: Primed :-iame: .sCo-rrKu... tb.rt'r Title:.$r- S~f'v.c e.. PkNter Dare: 3 -4'- 'It) GTE Central. Inc. Sig:led:~~ Primed ~arr.e:~ ~,; Title: ~~ ~/6~ DJrc >-/7- 9fJ .\!arcus Cable Signed ~~ (ViVu<JJ Prlr.[cd ~ame: . '1rHIVLj 6JA-1J.; I Ti(;e: .4/JMIAJ, 4-ss~ Tri-County Electric Coop., Inc. Signed: 5...-/.1 D. E.. ?wcl4 Primed ~ame: 5c-?i 1), ZAu"1..CAcf-l Title: PI s'17l./c..:r t1l"'IJA~EI(. Date: /fl/lN...c./.f ~ /19 g Lone Star Gas Company Signed: -:if~ Primed ~arr.e: ~ 2~(f"'- (). L ') Title: tro.ed (...coIJ',,('~ V Date: ~'3-s:-qF Date: ?r /<5-/ q 'i I I 80F9 _.~._~___,...._...__,,".-...__.'__N_~~'.'--__'_'~_'_'__''''''_'~..".-.....__._..._....._.____ EXHIBIT D ADJACENT OWNERS APPROVAL We the undersigned, as duly authorized representatives of the respective adjacent owners, hereby express no objection to the abandonment of the portion of White Chapel Blvd. r.o.w. so noted on the attached exhibits, Tarrant County, Texas. Virgile C~Sh. ~ Il () SignedN~ ~ Printed:JLj 1 L - ~A <;' 11 Date: f:I::- 3 - J - tll Signed. Printed:A' LS ~t;,.~~ G~ ~j> J Date:3-/- 9~ l:::>ar-. tsJ~ SignectD 4:-.. ~ ~ Printed: Date: ~ . , &.. ~ ~ Aubrey or Rosa Smith Signed:,f~ .t'~_ Jm~ Printed: ~S~ L p~ S/JIJ/TI, Date: ;;> - / - 9 g 90F9 D198104318 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 -w A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D 0 NOT DES T ROY I N D E XED -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN D E R SON -- COUNTY CLERK OFF I C I A L R E C E I P T T 0: CITY OF SOUTHLAKE RECEIPT NO 198212262 REGISTER DR96 RECD-BY T003957 PRINTED DATE TIME 05/15/98 09:40 1 INSTRUMENT FEECD D198104318 WD INDEXED TIME 980515 09:40 CG TOT A L DOCUMENTS: 01 FEE S: 25.00 B Y: ANY PROVISI WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 12849173 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 E STATE OF TEXAS r,ounty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Tammie Bryant Billing Specialist 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 following clipping of an advertisement was published in the above named paper on the following dates: 1 DATE I AD ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 4/24ME 12849173 ORDINANCE NO . 70 I358 1x 32L 32 . 79 25 . 28 ORDINANCE NO.702 ❑4/-24-0 4/P 4 AN ORDINANCE VACATING AND ABANDONING A POR- TION OF RIGHT-OF-WAY ON SOUTH WHITE CHAPEL BOU- LEVARD, IN THE CITY OF ._ .......... ......._........� ...........-----....._..------....._.._....-- ---- _ _.... SOUTHLAKE TARRANT COUNTY TEXAS DECLAR- ING THAT SUCH VROPERTY __... IS UNNECESSARY FOR USE BY THE PUBLIC' AUTHORIZ- ING THE MAYOR OF THE CITY OF SOUTHLAKE TO EX- ECUTE QUITCLAIM DEED RE- LEASING PUBLIC OWNER- -- - ---- - SHIP, INTEREST OR CON- TROL OF SAID RIGHT-OF- WAY AND PROVIDING FOR AN EFFECTIVE DATE. PASSED AND APPROVED THIS THE 20TH DAY OF APRIL, 1998, DURING THE REGULAR CITY COUNCIL MEETING OF THE CITY OF SOUTHLAKE,TEXAS. SIG /s/Rick Stacy,Mayor AYTTE ST: /s/ySandra L.yLeGrand, APPROVED AS TO FORM: 27th APRIL 1998 S /s/E.AIEDASlor,Jr.. SWORN TO BEFORE ME, THIS THE DAY OF , City Attorney "a..? ?f.��,, RHONDA R. GOKE Notary Public \--0_h.614.6.. • NL-&-(-(1)J---i *41 COMMISSION EXPIRES SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----j Star-'I'elegrain OFFICE OFCITY SECRETARY REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ACCOUNT AMOUNT 12849173 NUMBER CIT57 DUE 25 . 28 PAGE 1i IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N C A R R O L L A V E PLEASE PAY THIS AMOUNT1 SOUTHLAKE , TX 76092-9595 25 . 28 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22 3148254 AD ORDER NO. 12773526 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 T'JE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist 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 following clipping of an advertisement was published in the above named paper on the following dates: i— DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH!LINE 4/10ME 12773526 NOTICE OF PUBLIC I358 1x 38L 38 QUOTE 30 . 78 NOTICE OF 04/10-04/10 PUBLIC HEARING all in- Notice is hereby given City sCouo it of persons the hC attythe pSubl clake hearingill b during n the Regular City Council meeting to be held on April 21,199a at 6:00 p m., r the City Council Chambers of City Hall, 667 North Carroll Ave- nue,Southlake,Texas. Purpose of the hearing is to consider the second reading of ORDI IINANwO.702 AN ORDINANCE VACATING AND ABANDONING A POR- TION OF RIGHT OF WAY ON SOUTH WHITE CHAPEL BOU- LEVARD, IN THE CITY OF ' ' SOUTHLAKE TARRANT �. ING THAY SUxCAH I'R• OPERTRY f1 IS UNNECESSARY FOR USE �7 BY THE PUBLIC AUTHORIZ- ING THE MAYOR OF THE cITYOFpsoCLAIM EEDRc-TO EX- WORN TO BEFORE ME THIS THE 13th DAY OF APRIL 1998 Sl LEASINGUIPUBLC DOWNER- ` SHIP, INTEREST OR CON- TROL OF SAID DRAINAGEFWHONDARGOKE EASEMENT AND PROVIDING Notary Public40FOR AN EFFECTIVE DATE.Sandra L.LeGrand �� COMMISSION EXPIRES City Secretary City of Southlake — `"' r'�Ns`F\o� ±Pf SEPTEMBER 8� 1999 TARRANT COUNTY,TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! III TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT---.2, Star-Telegram OFFICE °� * REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 .d«I. ACCOUNT AMOUNT 1,2773526 NUMBER CIT57 DUE 30 . 78 PAGE1 OF IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 30 . 78 PLEASE WRITE IN AMOUNT ENCLOSED