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0652ORDNANCE NO. 652 AN ORDINANCE VACATING AND ABANDONING AN INGRESS AND EGRESS ROAD EASEMENT IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUIT CLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THIS INGRESS AND EGRESS ROAD EASEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home city acting under its charter adopted by the electorate pursuant of Article XI, Section 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 this ingress and egress road easement in the City of Southlake, is not being used by, nor useful or convenient to the public in general; therefore, it constitues a public charge without a corresponding benefit, and the public would be better served and benefitted by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said ingress and egress road easement, the City desires to execute a quitclaim deed releasing all title, ownership and control in said ingress and egress road easement to the owners of the abutting property,. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The following ingress and egress road easement is hereby vacated and abandoned as a: dedicated ingress and egress road easement, more specifically described in Exhibit A and shown on Exhibit B. Further, the franchise utility companies have expressed no objection to the abandonment of said ingress and egress road easement as recounted in Exhibit C. Exhibits A, B and C are attached hereto and incorporated herein for all purposes. The ingress and egress road easement 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 ingress and egress road easement so vacated and abandoned shall revert in tee simple to the owners of the abutting property. 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 ingress and egress road easement on the 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 -['arrant 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. OF PASSED AND APPROVED ON FIRST READING ON THIS ~ ,1995. DAY ATTEST: OlTY SECRETARY OF , PASSED AND APPROVED ON SECOND READING ON THIS DAY 1995. ATTEST: APPROVED AS TO FORM AND LEGALITY: City Attorney 4 QUITCLAIM DEED STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Southlake (Grantor), does hereby bargain, sell, release, vacate, abandon and forever quit claim unto: MTP-IBM and any and all of their 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 fight, 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 assign shall have, claim or demand any fight or title to the aforesaid property premises or appurtenances or any part thereof. EXECUTED this the __ day of ,1995. CITY OF SOUTHLAKE By: Gary, Fickes, Mayor STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the , 1995, by · day of Notary Public in and for the State of Texas My commission expires: Type or Print Notary's Name Grantee Address: Return to: City Secretary City of Southlake 667 N. Carroll Ave. Southlake, Texas 76092 2 EXHIBIT ~% METES AND BOUNDS DESCRIPTION Being a proposed 40.0 foot road easement out of the R.D. Price Survey, A-1207, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a point 1047.8 feet North and 222.5 feet East of the Southwest corner of the R.D. Price Survey; THENCE East 846.8 feet to a point in the West R.O.W. line of County Road ~3016; THENCE North along the West R.O.W. line of said road 40.0 feet to a point; THENCE West 816.6 feet to a point; THENCE South 40.0 feet to the place of beginning. Being that same Road Easement granted by Harry Boyer and wife, Carolyn A. Boyer, dated October 26, 1964, filed October 29, 1964, and recorded in Volume 3991, Page 591, Deed Records, Tarrant County, Texas. ~517.115P'4/JKFI1852/080995 EXHIBIT T.W.MANN IURVEY I U ~ V I Y D. DOUTHIT SURVEY A - 448 R. O. PRICE SURVEY U R V E Y UTILITY COMPANY .~d~PROV.-~-S We, the undersigned, as duly authorized representatives of the respective utility companies, hereby express no objection to the abandonment * u d~crilt~d on the attta~h~l exhibits. Pria~dN~: GoCdon Hood Tide: Right of Way Manager D~m: September 14, 1995 Prittt~ Nai~: _~cnn2c A,,d .... n Tide: donsZruction Manager * of a public ingress and egress easement, being a proposed 40.0 foot road easement out of the R.D. Price Survey, A-1207, Tarrant County, Texas and being that same road easement granted by Harry Boyer and ¥ife, Carolyn A. Boyer, dated October 26, 1964, filed October 29, 1964, and recorded in Volume 3991, Page 591, Deed Records, Tarrant County, Texas EXHIBIT A METES AND BOUNDS DESCRIPTION Being a proposed 40.0 foot road easement out of the R.D. Price Survey, A-1207, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a point 1047.8 feet North and 222.5 feet East of the Southwest corner of the R.D. Price Survey; THENCE East 846.8 feet to a point in the West R.O.W. line of County Road ~3016; THENCE North along the West R.O.W. line of said road 40.0 feet to a point; THENCE West 816.6 feet to a point; THENCE South 40.0 feet to the place of beginning. Being that same Road Easement granted by Harry Boyer and wife, Carolyn A. Boyer, dated October 26, 1964, filed October 29, 1964, and recorded in Voltune 3991, Page 591, Deed Records, Tarrant County, Texas. 33517.1/$P3/JKF/1852/080995 EXHIBIT B D. OOUTHIT lUlfIVEY T.W.MANN SURVEY Exhibit C L'TILITY COMPANY :LPpRov.~t.S We, the underside'd, as duly authorized representatives of the respective utility companies, hereby express os objection to t~¢ abandonment * ~a described on the atlz~hed exhibits. T~ ~ Electric ~ N~: Gordon Hood Tide: Right of Way Manager D~: September 14, 1995 Tide: Flc~ag~r En~in~rinq-R.O..W. Tide: Construction i{ana~er DaM: * of a public ingress and egress easement, being a proposed 40.0 foot road easement out of the R.D. Price Survey, A-1207, Tarrant County, Texas and being that same road easement granted by Harry Boyer and wife, Carolyn A. Boyer, dated October 26, 1964, filed October 29, 1964, and recorded in Volume 3991, Page 591, Deed Records, Tarrant County, Texas J. 13. HAR7OH SURWEV — - JN I & - t‘113 1114• 1 ' + 1".ti 00°35'24'w 1.1 ......,. 1 P 735.06' ""` f� k" 17 I = :044 4 Ilnl!�� Arid"�6 c1°4 i ! ' w /14 4 ►0. :M64 g: .,-,,E; ;1, G M:1J 1 , I 6; 4+4; Si 04 4; g§° iilli ' " I, it .r4 '1^ 4I .74/1. = m Y I Ig ""'Iq'r :a k hi IE �I? oAl Z rR 7R %S 'r 'C:. !Xil tee, 12 N i COm . m A l—i 4 kyr 0 1_ !,% y N� ._ U, Ci a �5_ kA EraR •A-R " F, �•CR. '�R • MRN lre rol o IC IA � cudr�' 1 t i " 1, 4• A. p," .C, 4aAC ( !i1 1 Ai if 1 R I �--i — ; • I n E... �! x _ ' . (� • ^J ? .— — ....i•t < V �•v4 1 . • <N Z r �e 1 4 r•Z Sr w o A ; /113 1pAr ppr ► r " r 1 mre. 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RESIOENTIAL COMMERCIAL \~ ' ~':~'~) / FIGURE '7 CITY OF SOUTHLAKE 667 NORTH CARROLL AVENUE SOUTHLAKE, TEXAS 76092 City Hall (817) 481-5581 Fax (817) 488- 5097 -7¥/ FAX TRANSMITI'AL SHEET DATE: FAX NUMBER: IVmSSAGE: NUMBER OF PAGES INCLUDING COVER PAGE: LINE LOCATE FORM )ATE ~OMPANY REQUESTOR PHONE PERSON TO MEET MEETING DATE LOCATION Fort Worth Star-Telegram FED. I.D. NO. 22-3148254 AD ORDER NO. 928609 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 — 7. STATE OF TEXAS inty of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT 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 ORDER NO. DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT 11/24ME 928609 ORDNANCE NO. 652 I358 1x 32L 32 . 55 17 . 60 11/24-11/24 ORDNANCE NO.652 I AN ORDINANCE VACATING i - - - - - - - - - - AND ABANDONING AN IN- GRESS ERS EASEM NTDIN THE CITYOOF SOUTHLAKE TARRANT�I ' COUNTY TEXAS; DECLAR- 1 ING THAI SUCH PROPERTYI IS UNNECESSARY FOR USE I BY THE PUBLIC AUTHORIZ- ING THE MAYOR OF THE _.. _._ _.. . CITY OF SOUTHLAKE TO EX-I ECUTE A QUIT CLAIM DEED RELEASING PUBLIC OWNER- _ SHIP, INTEREST AND CON- TROL OF THIS INGRESS AND EGRESS ROAD EASEMENT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. PASSED AND APPROVED BY THE CITY COUNCIL OF THE SIG G CITY OF SOUTHLAKE, THIS THE 21ST DAY OF NOVEM- BER SUB �(�`tj��'I�'`ID , MayoriofSouthiake RE ME, THIS THE 28TH DAY OF NOVEMBER , 1995 e V L V 1 Attest:Sandra L.LeGrand, /� VCity Sveretaryy ' \�r� Ivy.CITY SECS ETAnY I Approved as to form: .Allen Taylor Jr., Notary Public City Attorney ;-iNDA R. COKE 01 ;i ; COI,�MNSION EXPIRES �jj TARRANT COUNTY,TEXAS i ..:11 4 3, 1�99 d PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! Ac— -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—� Fort Worth Star.Telegrarn REMIT TO: ' 400W SEVENTH ST •FORT WORTH, XAS 76102 928609 ACCOUNT NUMBER CIT57 AMOUNT DUE 17.60 PAGE 1 OF I IF ANY QUESTIONS, PLEASE CALL(817)390-7501 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE , TX 76092-9595 PLEASE PAY 17. 60 THIS AMOUNT► PLEASE WRITE IN AMOUNT ENCLOSED