0702
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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.
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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 ,"')~
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David c. MoakjSurv~yors, Inc.
. i'. ' . '.1.
Registered ProffsslOtlal Land Surveyors
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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.,..,~.~...".,,____..._._,...._.~.....
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David c. Moak!Sun'~yors, Inc.
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Registered ~rof~ssiclpal Land Surveyors
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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
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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
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bAVID C. MOAK
Survey()r$~ IlIc.
_uNL STEEL ROD REGISTERED PROFESSIONAL
IT CAPPED STEEL ROD LAND SURVEYORS
R..)SS CUT IN CONCRETE BOX 1034 (8t7) 268-221l
. OUNC' STEEL PIPE P.O.
~OUND 801S D' ARC STAKE. HURST, TEXAS 76053
~, POWER OR TELEPHONE L r NE ? - '20 - ~e> 7 "A
*"- lENTERL I NE FENCE DATE JOB. OJ1'Z Z "
Copies of this plot not conotoinln9 on impression seal and oriqinol Net Ink slgncrture should be asaumed to contain unauthorized crltertrllon.
therefore voiding the '!toted certlficcrtlon. 7 OF 9
LEGEND
.
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EXHIBIT 'C'
UTILITY COMPANY APPRO V ALS
We, the undersigned, as duly authorized representatives of the resp~ctive ~ cgpatl~ies, hereby
express no objection to the abandonment of the portion of Whtfe.s c. r.o.w. so noted on the
attached exhibits, Tarrant County, Texas.
Signed:
Primed :-iame: .sCo-rrKu... tb.rt'r
Title:.$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
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80F9
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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