1024 Ordinance No. 1024
ORDINANCE NO. 1024
AN ORDINANCE VACATING AND ABANDONING A 36.3 ACRE
EASEMENT AND RIGHT OF WAY ON THE T.M. HOOD SURVEY
ABSTRACT NO. 706 AND RECORDED IN VOLUME 4217, PAGE
173 D.R.T.C.T. 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 36.3 acre easement and right of way located on the T.M. Hood Survey in the
City of Southlake, more specifically described in the county records in volume 4217,
page 173. 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 deeds to the following entity: Max Stocking and wife, Martie
Stocking for the easements described in volume 4217, page 173.
1
Ordinance No. 1024
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. 1024
PASSED AND APPROVED ON FIRST READING ON THIS 21 DAY OF
p , 2012.
MAYOR P RO le - M o 8l6)SY
ATTEST:
TNl.gK .
CITY SECRETARY v '•
PASSED AND APPROVED ON SECOND READING ON THIS 6 DAY OF
2012.
61,-
MAYOR Qp rM X.lDn 2/606W
ATTEST: ; 14% O '
:�:
lJ �l li z�
CITY SECRETARY /ALICIA RICHA�DS'f� •..••'
EFFECTIVE:
T
APPROVED A TO FORM AND LEGALITY:
CITY ATTORNEY
3
EXHIBIT
QUITCLAIM DEED
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after
careful study and consideration, has determined that an existing 36.3 acre easement and right of
way located on T.M. Hood Survey, Abstract 706 and recorded in volume 4217, page 173,
D.R.T.C.T., hereinafter specifically described, is not being used by, nor useful or convenient to
the public in general; therefore, it constitutes a public charge without a corresponding public
benefit, and the public would be better served and benefited by its vacation and abandonment.
For and in consideration of the above findings and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the City of Southlake does hereby
bargain, sell, release, vacate, abandon and forever quitclaim unto Max Stocking and wife, Martie
Stocking and any and all of their heirs, legal representatives or assigns, all of theirs right, title,
and interest in and to the following described real property situated in Tarrant County, Texas, to
wit:
A 36.3 acre easement and right of way located on the T.M. Hood Survey,
Abstract 706. Dedicated by instrument recorded in volume 4217, page 173,
D.R.T.C.T.
TO HAVE AND TO HOLD all of its right, title and interest in and to the above
described utility easements unto the said Grantee, its heirs and assigns forever, so that neither
Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or
title to the aforesaid utility easement premises or appurtenances or any part thereof.
Executed this the day of 1 2012.
CITY OF SOUTHLAKE
By:
Mayor, John Terrell
ATTEST:
ALICIA RICHARDSON /CITY SECRETARY
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared John Terrell,
Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this day of
1 2012.
Notary Public in and for the State of Texas
My Commission expires:
Return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092
C0dbW OF tARRAW ) l IINOW ALT I.fF1Yti�fY'7I]E4EitfRESFNiS �9!33 q -tr
MAX STOCIG d- M
E r TARRANT • Stsre f T here t7lftercal vals a : + -
r,f d e Cosftsty $ rsa9 kd• "C.ianuor';.fgr n good rod Ne
the srkape dad z.Tx4smq of whsds is hcreb' icknowkdgcd, does hcrcbT grint. taTHE..0 ;TY OF SOLjTI{I.{USE
hereii2ftpr tilled "Assoeiadai" a iperpetual:cascmint. ind: "iightof•way for the purpomc of �moaroeting,
.opening and ma;guininga wetee, pipe line.ove'r,'an : acruu Grantor's, fan) `4 'T. M: -ROOD a` ^
t s urvey, Ai tcatt No 706 Tarrar t : County, Texas, more parikuliily daailsod
v in died fan P EARL BAILEY MAX' ST FKIM3, 'et ux '
to
JANUARY
2s da a ' 5 s ]9 and.torded in'Volsime_.� g 14 � f the L)eed Records
� ., a .. i • I
f of slid County and coma Burg 36'93
ieing a strip of land "As tbe.tract referred to drove,, ten (ID) feet in width, with rde Grantee berci t beiaa
a
hereby : zvthorimd to dosigaxte, the course" df the raiitmenc ' herein cbnreyed,:aieopc chiPwheo the pips line is
insnliedY the easement herein at4nted ohafI be limiedd to a strip of land 'rep (10) feet in width, with dsa , Co.,- line'
I thereof 'befog the pipe line as iastalled:
Together with; the 'right of ing:en and egtepp. gvef Grinwr's adjl6, 1ppds .to or !t im said rightof -way 1ec the purpose of
tonstruotio, improvih�, 'reeoastntetiag,� repairutg,'9ndpeeting maintain and redoving mid water line And zppurtenrnces; the
r4ht'to it ocete said Ihne in the Aimc•relative pofitlotl td any adjucnc.S�d, if tamers widened in the futyrc; she, right to pfc t ,
pouible intetfeknee with the operation of said•ilae;and to 9emovc 9 ud
pw _ e haf:9f Utor the right to pprcycnt du coostrucd.14
fiir a distance oF•nne lulf the:wsd or ahv t btrrisctions;ivhi the easemepnt oA.bach dide of the actual center of wherc wstcr 1int•is laid, of any na .
�
' iog, a MAY eiidangtr•or intirfiro with the efficiency,• sak"rypi cooveaieot opar�pon o sad '.
water and Its sppurtwaces: -If such' bu ldirigs; itroctures or other otrstruetions are ,onatnicted by Gnrstor,'u above! mentioned,
without ��Ivritvcn cotum[ of the Association then the, Association dull 'base the, right to,,rtatove'same from such rpatie, aid this
`sgrbatscgS,- together with oyhtr proyisioos this grant sh a cdyen�tsc runnsng.with the laud for the benefit of tbe'
Xmcelat4a, it. successors and wsigni.
'Ti ight is res ed to Grantor to ufadic ]andavetr•which s rightbf -waq or rarernent is. herein granted [pr'thc grnA
Agricultural and grazing purposes, provided such use 'haft not include the grove ug'of trees chereoa or any other tine WW stdgiL t
interfere with the ererGscby the Association of the rights hereby granted. The consideration recited heteia dray cg''stote pray
meat in f111) for all damages sustained by Gnnj�oo erased of rl a it cslla L of the structures :,fa eroi
red to hn and she Croons .
will nuintain such easement in a state of good i'epair,aad efficiency „to that ao udrniooable' daniages'witt result .boo's iu. use W
Gcantar'i premises,
,Y 'Ea •
TO HAV D - TO HOLD the above described easement and rights uiuo,dsc sai CITY 'OF' SOUT T 4I'm
Its SUCCetib[I And assigns, frateYer.:
And.Grantor dges hereby bind hitnt9f,:his hem and legal' representitives Warrant aad.Ferever Dtfgrsd All 254 -Mdu
.the sbo . e- described GSettent ari4Voights unto the -said :;,tsociation, its - 'successors and Assig against -entry petsoo M_% - - -
lawfully claiming orp claim the same or any.part thermtV -
b
' f •, ^
MCUTW THIS �( day of 7 " -t "-.c 39
Max �Stocki:ng
$ '
Marne . Stocking ^t' 4
' :.,,_ . .... -,•-r rt 's'�5'a'iiirhi - .., ?its o-" _'""°rts".,:�`."^ - - -
6 (POINT ACKNOWfDGMIs,NT)
' THE STATE OF TEXAS n 4 r
COUNTY OF Tarrant
g Q l'
• '• Before rne, the undcs'rigsscd. authority, on {his daypersptsally appcascd MaX.$tockin
an d • Marie Ptoeking • his w2�}e, botl .knewn:so ins to bedhe pr{mr,whorc namca sac su�wibed.
• ro the foregoing Instrument; and Acknowledged to me •this they, nth ertgated the same fns the purposes and eoytsidmdpa�ibadn.
jart And tha said . Marie •Stocking wifc cf said -Max Stocking -
Larlog.” examixd by me privily and apart froast her husband and having the same by me fishy explained to baai Ee; the
�i!�i 'Marie
Stocking e
� 9 ,eknowkdged such islstruman'to be by act and. d� assd the "
".tba�salte had'ta�,i�ILsXly si�seb'iSse sodas, for-the ptuposet and'contidunion [heteio'gxpreud, And. chat she did saes w•iah
Giyoa,"lgp�y hand and snl'of'offue on tlilthe 30th. day of Jauua`ry„ )l. D. lo s
•ri , i „ ), Nusry FuDlic in and for. Tarrant VCP%Aaq, Tens... .
�tl s
t
A.
1
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