1068 CITY OF SOUTHLAKE ORDINANCE NO. 1068
AN ORDINANCE OF THE CITY OF SOUTHLAKE, TEXAS,
ABANDONING THREE UTILITY EASEMENTS LOCATED ALONG
EAST SOUTHLAKE BOULEVARD, NOW LOCATED WITHIN RIGHT -
OF -WAY OWNED BY THE STATE OF TEXAS, AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas, is a home rule city acting under its Charter
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 previously acquired three utility easements along and adjacent to
the previous right -of -way line of East Southlake Boulevard, also known as FM 1709; and
WHEREAS, the southern right of way of East Southlake Boulevard has now been
expanded, so that the three utility easements are now located within the State of Texas right -of-
way; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that, as a result, the easements have become obsolete and no
longer necessary, nor useful or convenient to the public in general, and they therefore constitute
a public charge without a corresponding public benefit; and
WHEREAS, the City Council is of the opinion and finds that the easements are not
needed for public use and should be vacated and abandoned to the State of Texas as the
underlying fee interest owner;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1.
The City of Southlake hereby vacates and abandons the easement attached hereto and
described in the attached Exhibits A, B, and C, which Exhibits are made a part hereof for all
purposes, the same as if fully copied herein, and such easements shall revert in fee simple to the
owners of the underlying fee interest in the property or properties.
SECTION 2.
The easements are abandoned and vacated, provided, however, that if any utilities or
facilities are located within said Easement at such time, if any, the State of Texas abandons the
underlying fee interest, the City reserves an easement and the right to continue to use and
maintain such facilities.
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SECTION 3.
That upon passage hereof, the City Secretary is authorized and directed to prepare a
certified copy of this ordinance and furnish the same to the State of Texas as the owner of the
underlying fee properties, and to record this ordinance in the real property records of Tarrant
County, Texas.
SECTION 4.
This ordinance shall take effect immediately from and after its passage as provided by
law.
PASSED AND APPROVED on the 1st reading the (oT day of Au3u_--1 , 2013.
i4 Cff) THE HONORABLE J , WER,R„ E LL, MAYOR
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PASSED AND APPROVED on the 2nd reading the ZOTY day of1 5 j , 2013.
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THE ONORABLE J • • TERRELL, MAYOR
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APPROVED AS TO FORM AND LEGALITY: *�*
CITY ATTORNEY
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