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1036 Ordinance No. 1036 ORDINANCE NO. 1036 AN ORDINANCE VACATING AND ABANDONING A 0.224 ACRE EASEMENT ON THE JOHN H. CHILRESS SURVEY ABSTRACT NO. 254 AND RECORDED IN VOLUME 7651, VOLUME 1915 OF THE TARRANT COUNTY RECORDS, LOCATED 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 the easement, 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 0.224 acre easement located on the John H. Childress Survey in the City of Southlake, more specifically described in the county records in Volume 7651, Page 1915. 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: Joe H. Holler. 1 Ordinance No. 1036 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. 1036 PASSED AND APPROVED ON FIRST READING ON THIS 5114 DAY OF J un1 , 2012. MAYOR P vZ d 'r' F' ATTEST: • CITY SECRETARY v'® o • • ` °r ••....o•• a� * °j + , esc: nt PASSED AND APPROVED ON SECOND READING ON THIS 114- DAY OF JU-hC ,2012. .C MAYOR P E ATTEST: _ ,` HL �F CITY SECRETARY /ALICIA R_ ' 4, s • EFFECTIVE: itt CI TF} 12 ee •••N• o•• ®° ,mss rat * ,`,,,v APPROVED AS TO FORM AND LEGALITY: i CITY ATTORNEY , t/ 3