0658 ORDINANCE NO.
AN ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS
OF MIRON DRIVE IN THE CITY OF SOUTHLAKE, TEXAS, DECLARING
THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC;
RESERVING A TEMPORARY ACCESS EASEMENT FOR USE BY THE
CITY; AUTHORIZING THE MAYOR TO EXECUTE QUIT CLAIM DEEDS
RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF THIS
RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE, 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 council of the City of Southlake, after careful study and
consideration, has determined that certain portions of Miron Drive in the City of Southlake,
are not being used by, nor useful 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
IArHEREAS, 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, save and except a temporary access easement providing access to certain
property located adjacent to Miron Drive.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF ~ CITY
OF SOUTHLAKE, TEXAS:
f:~files\stage\ordinanc\mirondr.vac (03-14-96) Page I
SECTION 1.
The following right-of-way is hereby vacated and abandoned as public property: all
of Miron Drive located in the Miron Addition to the City of Southlake, save and except that
portion of the right-of-way which contains an existing paved roadway, as more specifically
described in Exhibit A and shown on Exhibit B 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.
Notwithstanding anything contained in this ordinance to the contrary, the vacation of
the portions of Miron Drive described herein is conditioned upon and subject to the
reservation of a temporary access easement within said right-of-way, providing access for the
benefit of the City of Southlake to adjacent property to be utilized by the city for an
elevated water storage tank. This temporary access easement shall remain in full force and
effect until a permanent access easement is dedicated and/or granted to the city across
adjacent property in the Miron Addition, either by replatting of the Miron Addition or by
separate instrument.
SECTION 3.
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to
execute one or more quitclaim deeds releasing all claims to title, ownership, or control of
t':\files\slake\ordinanc\mirondr.vac (03-14-96) Page 2
the right-of-way, on behalf of the City of Southlake, Texas, save and except a temporary
access easement as herein described.
SECTION 4.
A copy of said quitclaim deeds shall be presented for filing with the County Clerk of
Tarrant County, Texas by the office of the city secretary.
SECWION 5.
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 6.
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
?.~._ DAY OF
,1996. ~dA~~..~
f:\filea\slake\ordinanc~mirondr.vac (03-14-96)
Page 3
PASSED AND APPROVED ON SECOND READING ON THIS
~v~YOR~'
APPROVED AS TO FORM AND LEGALITY:
City Attorney /' /! '~
DAY OF
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STREET ABJ~NDONMENT
Being a 1.144 acre tract of land in the John A. Freeman Survey,
bstract No. 529 situated in the City of Southlake and being a
portion of Miron Drive as shown on the Final Plat of Miron
Addition, an addition to the City of Southlake as recorded in
Cabinet A, Slide 1252 of the Plat Records of Tarrant County, Texas
and being more particularly described as follows:
Beginning in the east right-of-way of Miron Drive (56' R.O.W.) at
a 1/2" iron pin found at the most northerly northwest corner of Lot
3, Block t of said Miron Addition;
THENCE S 00° 02' 39" E along the east line of Miron Drive 181.86
feet to the Point of Curvature whose radius point bears S 47° 10'
13" W, having a central angle of 176° 01' 57", a radius of 75.30'
and a chord bearing of S 45° 11' 12" W;
THENCE along said curve in a southerly and southwesterly direction
231.35 feet;
THENCE N 89° 34' 56" W along the south line of Miron Drive and the
north line of Lot 3, Block 1 of said Miron Addition 341.04 feet to
the Point of Curvature of a circular curve whose radius point bears
N 82° 34' 56" W, having a central angle of 262° 32' 35", a radius
of 50.00 feet and a chord bearing of N 41° 25' 00" W;
THENCE along said curve in a southerly then a northerly direction
~29.11 feet to the Point of Tangency;
£HENCE S 89° 34' 56" E along the north line of Miron Drive and the
south line of Lot 4, Block 1 of said Miron Addition 391.17 feet to
the Point of Curvature of a circular curve whose radius point bears
N 00° 25' 04" E, having a central angle of 90° 27' 43", a radius of
50.00 feet, and a chord bearing of N 45° 11' 13" E;
THENCE along said curve in a northerly direction 78.94 feet to the
Point of Tangency;
THENCE N 00° 02' 39" W along the west line of Miron Drive 181.86
feet;
THENCE N 89° 57' 21" E, 56.00 feet to the Point of Beginning and
containing 49,811 square feet or 1.144 acres of land.
Exhibit "B"
N 89' 57' 21' E
58.00'
Z
R - 50.00'
S 8g® C~4' 56' E ,~gl.iz.L - 78.g4'
- 50.00'
L - 22g.11'
R - 75.,30'
L - 231.35'
Fort Worth Star-Telegram `v v v " `vI vvvV AD INVOICE NO. 1572533
400 W. SEVENTH STREET• FORT WORTH,TEXAS 76102
ACCOUNT NO. C I T 5 7
STATE OF TEXAS
ty 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:
DATE AD INVOICE NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT
4/05ME 1572533 ORDINANCE NO. 65 I358 1x 32L 32 . 66 21. 12
04/05-04/05
ORDINANCE NO.658
AN ORDINANCE VACATING
AND ABANDONING CERTAIN
PORTIONS OF MIRON DRIVE
IN THE CITY OF SOUTH-
LAKE, TEXAS DECLARING
THAT SUCH PROPERTY IS
UNNECESSARY FOR USE BY
THE PUBLIC; RESERVING A
TEMPORARY ACCESS EASE-
MENT FOR USE BY THE CITY
AUTHORIZING THE MAYOR
TO EXECUTE UIT CLAIM
DEEDS RELEAS G PUBLIC
OWNERSHIP INTEREST AND
CONTROL OF THIS RIGHT-OF-
WAY; PROVIDING A SEVER-
ABILITY CLAUSE, AND PRO-
VIDING AN EFFECTIVE DATE.
• PASSED AND APPROVED BY
THE CITY COUNCIL THE
CITY OF SK THIS
DAY OF
THE 2ND DAY OF APRIL ,
1996.
Gary Fickes,
SUBSCRIBED AND 1 ntes°i:sri aL.LeGrand, IRE ME, THIS THE 10TH DAY OF APRIL 1996
City Secretaryy Ay���y�e
Approved as to form:
E.Allen Taylor Jr.,
City Attorney _I;�OA R. GOKE Notary Public JIL.� .
COMMISSION EXPIRES
id&C ' /
'�hF:OF�.�i
� +-r SEPTEMBER 8, 1999 TARRANT COUNTY, TEXAS
�I��l/
EASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
4k,--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT —
Port Worth Star.Telegram ►
REMIT TO: 400 W. SEVENTH ST. • FORT WORTH, TEXAS 76102
1572533 ACCOUNT NUMBER CIT57 AMOUNT
DUE 21 . 12
PAGE 1 OF 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7501
41110 CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 PLEASE PAY , 21 . 12
THIS AMOUNT
_EASE WRITE IN AMOUNT ENCLOSED