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1059Ordinance No. 1059 ORDINANCE NO. 1059 AN ORDINANCE VACATING AND ABANDONING A PERMANENT EMERGENCY ACCESS EASEMENT LOCATED ON THE THOMAS M. HOOD SURVEY, ABSTRACT NO. 706 AND RECORDED AS INSTRUMENT NO. D210295331 IN TARRANT COUNTY; DECLARING THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THIS EASEMENT; 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 as Instrument No. D210295331, 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 permanent emergency access easement located on the Thomas M. Hood Survey, Abstract No. 706, in the City of Southlake, more specifically described in the county records as Instrument No. D210295331. 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: Terra/Shady Oaks, L.P.. Ordinance No. 1059 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. 1059 PASSED AND APPROVED ON FIRST READING ON THIS 15th DAY OF JANUARY, 2013. MAYOR aaaa aan�eurrg ri ATTEST: .''��U ,.....��F.,� CITY SECRETARY ,,, g•`� !!!J !l7114 atlti�� PASSED AND APPROVED ON SECOND READING ON THIS 5th DAY OF FEBRUARY, 2013. MA OR ,aaaa aaeansur rr ° °r ATTEST: CITY SECRETARY /ALICIA RlCkIAR�SOI `~ s t!!l �fS,10.: Cs EFFECTIVE: t;'S - acc/ APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY ✓f