1035 Ordinance No. 1035
ORDINANCE NO. 1035
AN ORDINANCE TRANSFERRING OWNERSHIP OF PROPERTY
AND UTILITY EASEMENTS DESCRIBED IN THE ATTACHED
EXHIBITS TO THE TRINITY RIVER AUTHORITY OF TEXAS;
AUTHORIZING THE MAYOR TO EXECUTE ASSIGNMENT OF
EASEMENTS AND RIGHTS -OF -WAY AND DEEDS RELEASING
CITY'S INTEREST OF THESE PROPERTIES AND 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, City of Southlake acquired property and easements necessary for the
construction of the Trinity River Authority of Texas Kirkwood Lift Station and force
main to provide wastewater service to the north drainage area of the City of Southlake;
and
WHEREAS, the Trinity River Authority of Texas, a conservation and reclamation district
created by and functioning under Chapter 518, Acts of the 54 Legislature of the State of
Texas; and
WHEREAS, the Trinity River Authority of Texas owns, operates and maintains the
Kirkwood Lift Station and force main under contract with the City of Southlake; and
WHEREAS, the transfer of the property and easements will provide the Trinity River
Authority of Texas the proper authority to operate and maintain the facilities therein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The deeds and easement records attached hereto and incorporated herein, were
acquired for the purpose of constructing the Trinity River Authority Kirkwood Lift
Station and Forced Main to provide waste water service to the north drainage areas of the
City of Southlake.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute ASSIGNMENT OF EASEMENTS AND RIGHTS -OF -WAY and DEEDS for
1
MARY LOUIE GARCIA
COUNTY CLERK
tt. 100 West Weatherford Fort Worth, TX 76196 -0401
PHONE (817) 884 -1195
CITY OF SOUTHLAKE
1400 MAIN ST # 270
CITY SECRETARY'S OFFICE
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 6/25/2012 2:14 PM
Instrument #: D212151391
OPR 7 PGS $36.00
By:
D212151391
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.
Prepared by: AKCHRISTIAN
Ordinance No. 1035
the above mentioned properties in Section 1 to the following entity: Trinity River
Authority of Texas, 5300 South Collins St., Arlington, Texas 76018
SECTION 3
Copies of said Assignments of Easement and Rights -of -Way and Deeds shall be
presented for filing with the County Clerks of Tarrant County and Denton 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.
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Ordinance No. 1035
PASSED AND APPROVED ON FIRST READING ON THIS 5th DAY OF JUNE,
2012.
MAYOR PRo 're on
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PASSED AND APPROVED ON SECOND READING ON THIS 1 4 1 /14 DAY OF
3 , 2012.
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ACKNOWLEDGMENT
STATE OF TEXAS §
COUNTY OF gRx1 Al 7 §
BEFORE ME, the undersigned authority on this day personally appeared
BkAis J TD AI g Lc,JsoE - -tI012. 'Wo Tem
(Name and Title)
of the CITY OF SOUTHLAKE, TEXAS, known to me to be the person whose name is
subscribed 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 i 9 714 day of
11,t/•C , 2012.
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM
ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE
IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY
NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
Denton Creek Regional Wastewater System
Denton Creek Pressure System Phase III Project
ASSIGNMENT OF EASEMENTS AND RIGHTS -OF -WAY
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTIES OF TARRANT AND DENTON §
That the CITY OF SOUTHLAKE, TEXAS, a home -rule municipal corporation, in
the Counties of Tarrant and Denton, State of Texas, ASSIGNOR herein, for and in
consideration of TEN DOLLARS and other good and valuable consideration in hand paid
by the TRINITY RIVER AUTHORITY OF TEXAS, a conservation and reclamation district
created by and functioning under Chapter 518, Acts of the 54th Legislature of the State of
Texas, Regular Session, 1955, as amended pursuant to Article XVI, Section 59 of the
Texas Constitution, with its principal office at 5300 South Collins Street, Arlington, Tarrant
County, Texas 76018, ASSIGNEE herein, the receipt and sufficiency of which is hereby
acknowledged and confessed, by these presents does assign, transfer, and convey unto
ASSIGNEE, its successors and assigns, all of ASSIGNOR'S right, title and interest in and
to those lands, easements and rights -of -way situated in Tarrant County and /or Denton
County, Texas, more particularly described in the documents being recorded in the Deed
Records as indicated in the table below:
PARCEL # COUNTY WHERE COUNTY CLERK
RECORDED VOLUME /PAGE AND /OR
INSTRUMENT NUMBER
1 Denton V.4547/P.0626
#00- R0023322
7 Denton #96- R0042830
8 & 27 Denton V.4469/P.1349
#99- R0116729
8 & 27 Denton V.4153/P.01563
#98- 86073068
9 Denton V.4113/P.00250
#98- R0051538
10 Denton V.4469/P.1341
#99- R0116728
11 & 12 Tarrant V.12345/P.1056
#D- 196080986
13 Denton #96- R0061617
PARCEL # COUNTY WHERE COUNTY CLERK
RECORDED VOLUME /PAGE AND /OR
INSTRUMENT NUMBER
14 Tarrant V.13679/P.124 #D199048044
Denton V.4285/P.01377 #99- R0018457
16 Tarrant V.13679/P.130
#D199048050
17 Tarrant #D199048048
18 Tarrant V.13679/P.127
#D199048047
19 Tarrant V.13679/P.126
#D199048046
21 Tarrant V.13679/P.125
#D199048045
24 Denton V.4131 /P. 01285
#98- R0060893
25 Denton V.4113/P.03281
#98- R0051537
26 Denton V.4153/P.01555
#98- R0073067
TO HAVE AND TO HOLD the above - described permanent easements, and rights -
of -way together with all and singular the rights and appurtenances thereto, anywise
belonging unto the said ASSIGNEE, its successors and assigns forever; and ASSIGNOR
does hereby bind itself, its successors and assigns, to warrant and to forever defend all
and singular the said rights unto the ASSIGNEE, its successors and assigns, against every
person whomsoever lawfully claiming or to claim same or any part thereof.
WITNESS MY HAND this the 1 C i' 4 day of J u , 2012.
CITY OF SOUTHLAKE, TEXAS
By:
Title: tA( 4■1 W, 12o TIwi
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