Loading...
1027 Ordinance No. 1027 ORDINANCE NO. 1027 AN ORDINANCE VACATING AND ABANDONING A 0.1836 ACRE PERMANENT DRAINAGE EASEMENT AND RIGHT OF WAY ON THE LARKIN M. CHIVERS SURVEY ABSTRACT NO. 300 AND RECORDED IN INSTRUMENT NO. D205144257 IN THE CITY OF SOUTHLAKE; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE EASEMENTS; 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 these easements, located in the City of Southlake, recorded in Volume 4217, page 173 are 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, in order to remove any question as to the continued interest in the easements, the City desires to execute quitclaim deeds releasing all title and control in said easements to the owners of the property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 A 0.1836 acre permanent drainage easement and right of way located on the Larkin M. Chivers Survey in the City of Southlake, more specifically described in the county records in Instrument No. D205144257. The easement records attached hereto and incorporated 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 their vacation and abandoned as public easements. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute quitclaim deed for the above mentioned property in Section 1 to the following entity: Kenneth and Stacie Knezek. 1 Ordinance No. 1027 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 Ordinance No. 1027 PASSED AND APPROVED ON FIRST READING ON THIS CO DAY OF MA Pc 1 , 2012. 13 ,(A./ MAYOR Pr20Thxn ATTEST: .�, ZH ., 614 cn CITY SECRETARY : v ••• •••.••..•• • , �� PASSED AND APPROVED ON SECOND READING ON THIS 2.:7 DAY OF liARC/ , 2012. ( 1-162 MAYOR PQ rem , 4 0 . . � H ATTEST: , • F ., °• R` CITY SECRETARY /ALICIA RICH1,RI`3',,QN •••.•' F *-1( EFFECTIVE: 11i' 4 ,2 , //, API3jROVED S TO F,9RM D LEGALITY: Mflr, (/' CITY ATTORNEY 3 Page l FILED - 7ARR,�N i COUNTY TEXAS CTTY OF E EASE LAKE DRAINAGE EASEMENT 2005 PLAY 23 AM 8; 36 E HENDERSON NTY CLERK THE STATE OF TEXAS § M -- COUNTY OF TARRANT § That 1, 4 -r 1 Rp ct Moo, , GRANTOR herein, for and in consideration of the sum of Ten ($10.00) Dollars and other good and valuable consideration in hand paid by the CITY OF SOUTHLAKE, home rule municipal corporation of the County of Tarrant, State of Texas, GRANTEE herein, the receipt and sufficiency of which is hereby acknowledged and confessed, do hereby grant, sell and convey unto the said GRANTEE a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, rebuilding, removing, and operating Drainage facilities in, into, upon, over, across, under and through all that land in Tarrant County, Texas descried as follows, to -wit: An eighty (80) foot wide Permanent Drainage Easement containing approximately 0.1836 acres, as more particularly described in Exhibit "A" and shown on Exhibit "B" attached hereto and incorporated herein. together with the right of ingress and egress as necessary for such purposes. GRANTOR covenants and agrees that GRANTOR and GRANTORSs heirs, representatives, successors and assigns shall at no time erect, place or construct, or cause to be erected, placed or constructed in, into, upon, over, across or under any easements granted herein any temporary or permanent structures, and it is further agreed that GRANTEE shall have the right to excavate and fill upon said permanent easement and to remove from said permanent easement, any fences, buildings or other obstructions as may now be found upon said permanent easement. It is further intended that the Permanent Drainage Easement herein granted to the GRANTEE shall run with the land and forever be a right in and to the land belonging to GRANTOR, and GRANTOR'S successors and assigns, and said grant is expressly excepted from any right of reversion of said premises under any prior deeds in GRANTOR's chain of title. The Permanent Drainage Easement, rights and privileges granted therein are exclusive, and GRANTOR covenants that it will not convey any other easement or conflicting rights within the area covered by the grant to any other person except as provided herein. In the event that GRANTOR, or his heirs, representatives, successors or assigns, desires • County: TARRANT Doc: 0001442 Date: 0 VoI: Page: Page 2 to develop and plat the property over which this easement effects, then GRANTOR shall have the • right to relocate this easement and the related drainage improvements to a new location mutually agreeable by both the GRANTOR and the GRANTEE or remove the easement and the related drainage improvements if it is mutually agreed by GRANTOR and GRANTEE thht the easement and related drainage improvements are no longer needed for drainage purposes. IN WITNESS WHEREOF, this instrument is executed this ie. Ti` day of Fa , 2005. 411 1 s 111110,11. G r Ti R ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § • BEFORE ME, the undersigned authority in and for said County, Texas, on this day personally appeared17 / !bare a,ftd - 77-em( /tloore , known to me to be the person whose name is subscriba to the foregoing instrument, and acknowledged to me that the same • was executed for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the /6 day of , 2005. 111 4 0 110 a101S '0+.Ignd 42910N i • ~•. •°' 1138 o ins ' ,,T ; *' • Notary Public in and for The State of Texas • My Commission Expires: 17.(12- ��� • Pi 7 Site I), Bel Typed or Printed Name of Notary 2 County: TARRANT Doc: 000144257 Date: 05/23/2005 Vol: Page: Page 3 CERTIFICATE OF ACCEPTANCE • This is to certify that the interest and real property conveyed by this dedication instrument • dated the 1 f `day of (v t , 2005, from' h'. cct Maw City of Southlake, the Ci dcce ted subject to all terms and conditions contained has been duly P subject A A►. therein, and the City Council has consented to recordation of such dedication instrument by its duly authorized officer. Dated: .�j - —©c Mayor, City of Southlake Q • .•• v ''•. ( •.ATTEST: o is r►3 „ 101 y o4A , * ** City Secretary AFTER FILING, PLEASE RETURN TO: City of Southlake City Secretary 1400 Main Street, Suite 270 Southlake, Texas 76092 Phone: 817 -481 -1514 Fax: 817- 481 -5826 3 • County: TARRANT Doc: 000144257 Date: 05/23/2005 Vol: Page: Page 4 EXHIBIT A LAND DESCRIPTION DRAINAGE, EASEMENT BEM a tract of land situated in the Larkin IL Chivas Survey, Abstract No 300, City of Southlake, Tarrant County, Texas and being part of that tract of land described in instrument 'to Howard Brian Wayland as recorded in Volume 7438, Page 874 of the Deed Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING ata I/2 loch ironrod found atthe Southwest comer ofsaid Wayland Tract; THENCE, North 00 degrees 00 minutes 00 seconds East along the westerly line of said Wayland . Traci adistance of 128.08 feet to the POINT OF BEGINNING of the hereindesndbed tract. • THENCE, continuing along the westaly line of said Wayland tract, North 00 degrees 00 minutes 00 seconds East, a distance of 100.00 feet to a point for a coiner from which a inch iron rod found for a corner on the west line of said Wayland tract bears North 00 degrees 00 minutes 00 seconds East, a distance of 23935 feet and South 89 degrees 46 minutes 40 seconds East, a • distance of 129.07 feet; THENCE, departing the westerly line of said Wayland toot, North 90 degrees 00 minutes 00 seconds East, a distance of 80.00 feet to a point for a comer. • THENCE, South 00 degrees 00 minutes 00 seconds East, a distance of 100.00 feet to a point for a comer, THENCE, North 90 degrees 00 minutes 00 seconds West, a distance of 80.00 feet to the POINT OF BEGINNING and CONTAINING 0.1836 of an acre (8000 square feet) of laud, moue of less. For Hula - Zoltan, Inc. 1C (aS o� F.ricJ. Registered Professional Land Surveyor Texas Registration No. 4862 ERIC JOHN Huitt ?chars, Inc. 3131 McKinney Ave., Suite 600 42 Dallas, Tames 75204 'wr Tele.214 -87i 3311 - Date: January 18, 2005 - kt9srnarlwr+r t oft Page County: TARRANT Doc: 000144257 Date: 05/23/2005 Vol: Page: Page 5 EXHIBIT B • k LOT 1 LARKINH.COVERS ADDITION NO. 300 CAB. A, SLIDE 4921 . if , P.R.T.GT. • • 12" IRC IRODFOU D . S 89•46•40'E ia9.07 1 H OWARD BRIAN WAYLAND VOL. 7438 PAGE 814 t D.R.T.CT. b 0 a O'. - . WILBURN C '8r DAVIS x VOL. 6099 PAGE 633 DRT.C.T. • • N -90'90'00'E 80.00` pp • • N Mra0'00'E 100,00' b0' 3C 1G0' i3 - S 00•00'00'E 10000' BASEIGN1 4. _POINT OF BEGINNING z---- M . t N 9d'00'00'V mar I a6 V W a: g , g POINT OFCOMM • z 1/rNIMRODFOUND s S074-• 1V � CHAPEL BLVD:-.-- 0 100 200 300 • GRAPHIC SCALE — FEET BASIS OFBEARING:MOBf iISPPOUND . Laigr . BEING A 11.517A0.139 B WAT ANaA9�P0EtDED YOURS 7S38,pAO$874,D.1LT.GT. 0E + TARRANT 00Wi1Y',MS. flroa.fn0 es,TE 7 WPM, AB31F.ACTN0.300 TARRAZi1'GOtISlY, 7>DrAB PAGE 2 County: TARRANT Doc: 000144257 Date: 05/23/2005 Vol: Page: Page 6 CITY OF SOUTHLAKE 1400 MAIN ST 4270 s o— SOUTHLAKE TX 76092 Submltter: CITY OF SOUTHLAKE - ZSLKE -001 SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196 -0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 05!2312005 08:34 AM Instrument #: D206144267 OPR 6 PGS $22.00 111111111111 11111 11111 1111111111111111 11111 III ( 1011111 D205144257 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. County: TARRANT Doc: 000144257 Date: 05/23/2005 Vol: Page: