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0638ORDINANCE NO. 638 AN ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS OF SOUTH KIMBALL IN THE CITY OF SOUTHLAKE, TEXAS, DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF THESE RIGHT-OF-WAY AND EASEMENTS; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake, Texas is a home rule city 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 Council of the City of Southlake, after careful study and consideration, has determined that certain portions of South Kimball in the City of Southlake, are not being used by or convenient to the public in general; therefore they constitute a public charge without a corresponding public benefit, and the public would be better served and benefitted by their vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way, the city desires to execute a quitclaim deed releasing all title, ownership and control in said right-of-way to the owner or owners of the abutting property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The following right-of-way in the City of Southlake is hereby vacated and abandoned as public property: a portion of South Kimball as a dedicated public street, more specifically described in Exhibit A and shown on Exhibit B. Exhibits A and B are attached hereto and incorporated herein for all purposes. The right-of-way is not being used by, nor useful or convenient to the public in general. It constitutes a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment. The right-of-way so vacated and abandoned shall revert in fee simple to the owners of the abutting properties. SECTION 2. The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed releasing all claims to title, ownership, or control of the right-of-way, on behalf of the City of Southlake, Texas. SECTION 3. A copy of said quitclaim deed 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 judgement 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 after its passage, and it is so ordained. PASSED AND APPROVED ON FIRST READING ON THIS 1995. C/ITY'SECRE~I'J~Ry DAY OF PASSED AND APPROVED ON SECOND READING ON THIS 1995. / DAY APPROVED AS TO FORM AND LEGALITY: City Attorney • • EXHIBIT 'A' PROPERTY DESCRIBED 4,888.20 SQ. FT 0.1122 ACRES __ ,\ SOV `� _\, F Q4o \ \I CF 1I M �©9)__ ______ � A--_______ .......1....___. ...._, __ ,, ,, __ I C.I I TRACT 6A ``\� - 01'21 , P.O.B. A8146*35'E I ,\-.... R : 1844.86' / I MARVIN G. DARBY 1 I VOL 3806, P.65L 43.88' I i ••.• C.L - 43.88' I �O• I , r -(v.....y..............4 ..:•'.....:.:..::•.:... 40---------------- f' S2 \ , / 090 I I _o. , e P / / Is•G 1 C..\ N w �I!a E `Ij7 S __ _�___ _ _ _ 1"=50' 001218LO.DWG I certify that this is a � CHEATHAM AND ASSOCIATES true and accurate 11.‘,;(:'66�sTER .'••.-/- representation of this Fo••,N 1801 E. LAMAR BLVD. SUITE 200 survey as made on the -rew ARLINGTON, TEXAS 76011 ground. EDDIE L. CHEATHAM METRO (817) 265--8838 (817) 548-0690 ....: . q 2346 -.di •••`.pp ovP•Q- 14 DATE : \\..'Z• 6.434 EXHIBIT 'B' KIMBALL AVENUE RIGHT-OF-WAY Field Notes Being a 0.112 acre tract of land situated in Tarrant County, Texas and being a part of the S. Freeman Survey, Abstract No. 525 and the G.W. Main Survey, Abstract No. 1098 and being more particularly described as follows: Beginning at the point of intersection of the southerly right-of-way of Southlake Boulevard (F.M. Highway No. 1709) and the easterly line of a tract of land conveyed by W.R. Nail to Marvin G. Darby and wife, Mary Darby by deed dated May 16, 1963 and recorded in Volume 3806, Page 65 of the Deed Records of Tarrant County, Texas (DRTCT), said point being 65.00 feet southerly and radial to centerline survey station 430+79.21 and being North 54° 14' 37" East a distance of 155.11 feet from the Southeast corner of said Darby tract and also being the beginning of a curve to the right having a radius of 1844.86 feet, a chord bearing of South 71°46'35" East and a chord length of 43.88 feet; THENCE along the southerly right-of-way line of Southlake Boulevard and along said curve to the right through a central angle of 01°21'46" and an arc length of 43.88 feet to a point in the westerly line of a tract of land as described in a deed to Grover G. Fickes etux recorded in Volume 8309, Page 1579 (DRTCT); THENCE along the westerly line of said Fickes tract, South 53°59'29" West a distance of 162.19 feet to a point for corner; THENCE departing the westerly line of said Fickes tract, NORTH a distance of 44.62 feet to a point for corner in the easterly line of said Darby tract; THENCE along the easterly line of said Darby tract, North 54°14'37" East a distance of 110.31 feet to the POINT OF BEGINNING; containing within these metes and bounds 0.112 acres or 4,888 square feet of land, more or less. • QUITCLAIM DEED STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City of Southlake (Grantor), does hereby bargain, sell, release, vacate, abandon and forever quitclaim unto: Southlake Kimball Venture, LTD., Texas Limited Partnership and any and all of its heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the property described on Exhibit "A" and shown on Exhibit "B", attached hereto and incorporated herein for all purposes. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this 6 day of 1995. CITY OF SOUTH : . - '-• j OR 9�� rrt B : 11 1�/ I r �� ar ayor 'ro Tem OFFICE OF THE CITY SECRETARY CITY OF SOUTHLAKE 667 N. • SOUTHLAKE, EOTEXAS AVE. 2 Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 THE STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc . at Fort Worth, in Tarrant County, Texas ; and who, after being duly sworn , did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : TOTAL DATE AD INVOICE NO. DESCRIPTION ���� u� , `-FiATE AMOUNT APR 21, 3167229 CL . 358 1X31 L 31 . 55 17. 05 apr 21 ORDINANCE NO.638 INGOANDNABANDONING -- CERTAIN PORTIONS OF CIITYH,OK MSOAUT TEXAS DECLARINGTHAY SUCH PROPERTY IS UN- NECESSARY FOR USE BY THE MAYORAUTHORIZ- ING - CUTE QUIT CLAIM DEEDS RELEASINGPUBLICOWN- ERSHIP INTEREST AND CONTROL OF THESE RIGHT-OF-WAY AND -- EASEMENTS PROVIDING ........_ __.. A SEVERABILITY _._ CLAUSE AND PROVIDING 1iJ� AN EFFE,CTIVE DATE. ////� PASSED AND APPROVED S I G N E D R BY THE CITYCOUNCILOF __ _ BSCRIBED SURE CITY OF SOUTH- , ME, T-HI�S---T tE �5TE =,DAY -Of APRIL, 1995 LAKE THIS THE 18TH DAY OFAPRIL,1995 NOTARY PUBLIC. , /klyt Gary Fickes, -- - --- Mayor of South lake Attest: Sandra L. LeGrand, — ._..._ _.... _.. \ ...__ __,•.._.._ -____ City Secretary Approved as to form:E.Allen T A ANT CO N T Y , TEXAS tTaylor Jr.,City Attorney P.. yid _=rRy v�y Nancy A,rlr-HfenldnU'z g lR"--13 Commission Expires OFFICE OF ,� . December 14, 1998 .CITY SEC TA -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT REMIT TO : 400 W . SEVENTH, FW , TX 76102 ;• X (. A N X X4fIX XIX H, p6X4*X01-205-1) ForpTth Star-Telegram ACCOUNT CIT57AMOUNT 17 . 05 NUMBER DUE 1 1 PAGE OF CITY OF SOUTHLAKE 667 N C A R R O L L A V E PLEASE PAY 17. 05 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDY LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED Fort Worth Star-Telegram 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 Ti'r STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared DAWN M. RIVERA Billing Specialist for the Fort Worth Star-Telegram, published by the Star-Telegram Inc . at Fort Worth , in Tarrant County, Texas ; and who, after being duly sworn, did depose and say that the following clipping of an advertisement was published in the above named paper on the following dates : DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL. RATE AMOUNT APR 0? 3159424 CL . 358 1X40 L 40 . 55 22.00 Apr . 7 NOTICE OF PUBLIC HEARING NOTICE IS HEREBY GIV- EN TO ALL INTERESTED PER SONS that theCIty Coun- cil of the City of Southlake, Texas,will beholding a public ...._.... hearing d,rIng the Regular _..... City Council meetin to be -- .................. .............-... ............ .......... held on April 18, 1995,begin- ning at 7:00p.m..The meeting will be held In the Clt l-oufC9 _....._._______ .. .. _..... Chambers of CRy Hall, 667 North Carroll Avenue,South- lake,Texas. The purpose of thepublichearing is toconsid- er the folio N ordinance: ORDINANE N0.638 ......_... -.-_ .._.. ..._._.,...__._. . ....._.. _ ..- -_-....... _.-......�.._ _._.._._. AN ORDINANCE VACAT- ING AND ABANDONING ii SOUTH lK IAULTI OI N THOE lI G N E J • _""`, CITY OF SOUTHLAKE F, THIS THE AY OF1995 IBSCRIBED AND SWOR TEXAS DECLARINGTHAY L 7TH APRIL, SUCH PROPERTY IS UN- NECESSARY FOR USE BY THE PUBLIC; AUTHORIZ- ING THE MAYOR TO EXE- ---- ---- ------ CUTE QUIT CLAIM DEEDS RELEASINGPUBLIC OWN- _ CONTIROL TOR ETTHESE TAZT (OZTY, TEXTT RIGHT-OF-WAY EASEMENTS;PROVIDING „x. ASEVERABILITYCLAUSE ndez gg AND PROVIDING AN EF- `"i FECTIVE DATE. �; City of Southlake Texas ri OFFICOFFICE OF /s/Sandra L.LeG`rand, i98 E iIlk City Secretary TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT- . REMIT TO : 400 W . SEVENTH, FW , TX 76102 Fort Worth Star-Telegram �E1r,TTO: •. x1zo51 ACCOUNT AMOUNT 3159424 NUMBER CIT57 DUE 22 . 00 PAGE F 1 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY 22 . 00 SOUTHLAKE TX 76092-9595 THIS AMOUNT ATTN : SANDRA LEGRAND PLEASE WRITE IN AMOUNT ENCLOSED