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0680 ORDINANCE NO. 680 AN ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS OF SOUTH LAKE PARK ROAD EAST IN THE CITY OF SOUTHLAKE, TEXAS, DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO A EXECUTE QUITCLAIM DEED 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 a certain portion of South Lake Park Road East in the City of Southlake, hereinafter more specifically described, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public 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 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 properties. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: f:\files\slake\ordinance\slparkrd.vac (09-24-97) Page 1 SECTION 1. The following right-of-way is hereby vacated and abandoned as public property: A portion of South Lake Park Road East located in the South Lake Park Addition to the City of Southlake said right-of-way being depicted and described as TRI on Exhibit "A" attached hereto, . 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 one or more quitclaim deeds 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 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 f:\files\slake\ordinance\siparkrd.vac (09-24-97) Page 2 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 DAY OF 1997. - (~~z 0 \ttttuurttu/i,,i•, MAYO S O..... i. , t v m = A MST: CITY SECRETARY PASSED AND ON SECOND READING ON THIS DAY OF 1997. xttttttU ntt pry,~~i~~. F s MAYOR v m ATTT: CItY SECRETARY uu APPROVED AS TO FORM AND LEGALITY: (7k j City Attorney Effective: pbqu~ E\files\slake\ordinance\slparkrd.vac (09-24-97) Page 3 PROPERTY DESCRIPTION _ -BEING a portion of South Lake Park Road East (a 50 foot Right-of-Way), according 20 the. plat -thereof recorded in Volume388-167,Page 61, ofthePlatRecordsmfTarrant .County, Texas, :and being more particularly described by metes and bounds as follows: BEGINNING ata set 1/2-iron rod at the. Southeast comer.oflot3R=2,ZlockA,.Zouthlake 'Park Revised,-according lo1he-platlhereofrecordedin Volume 388-167'RageZ1,*flhePlat -Records - - ~.of?arrant.,County,-Texas,-iandbeingjnlhetNorth-Right-of-Wayaine-of South lake Park 4Roa d _ Fast, (a 50 foot right-of-way); THENCE South 14 degrees 22 minutes 00 seconds East, along the End of South Lake Park -Road East, -and East line of said Southlake Park-Revised subdivision, z :distance of 32.36 feet to a set 1/2" iron rod at the Northeast comer of.Lot 2-R, Block-4, .South Lake Park, according to the plat thereof recorded in Volume 388-11, Page 8, of the Plat Records of Tarrant County, Texas, and said iron rod being in the South line of South Lake Park Road East, and at the beginning of a curve to the right, having a radius of 75.90 feet, and a delta of 61 degrees 07 minutes 22 seconds; THENCE along the South line of South Lake Park Road East, and the North line of Lot -2-R, and -said curve to the right, an arc length of 80.97 feet, a chord bearing of South 66 degrees 18 minutes 20 seconds West,-and a chord distance of 77.18 feet to a set 1/2" iron rod: THENCE North 19 degrees 54 minutes 22 seconds West, departing the North line of Lot 2-R, and into South Lake Paris Road East, a distance of 48.30 feet to a set 1/2" iron rod; THENCE North 07 degrees 16 minutes 00 seconds East, a distance of 7.03 feet to a set 1/2" iron rod in the South line of the above mentioned Lot 3R-2, Block A; THENCE South 82 degrees 44 minutes 00 seconds East, along the South line of Lot 3R-2, and the North line of South Lake Paris Road East, a distance of 22.06 --yet to a found 112" iron rod at the beginning of a curve to the left, having a radius of 25.90 feet and a delta of 17 degrees 31 minutes 27 seconds; THENCE along the South line of said Lot 3R-2, the North line of South Lake Park Road East, and said curve to the left, an arc length of 7.92 feet, a chord bearing of North 87 degrees 19 minutes 58 seconds East, a chord distance of 7.89 feet to a found 1/2" iron rod; THENCE North 75 degrees 38 minutes 00 seconds East, a distance of 50.00 feet to the POINT OF BEGINNING, and containing 3,727 square feet or 0.086 acre of land. THIS IN REFERENCE TO ORDER NO. 01-500/97 = . r SURVEY PLAT OF F-) ,(-fIL31 7 TO ALL PARTIES INTERESTED IN PREMISES SURVEYED: 1. a ReyiuerN Proinsxsul lyd Survcyar..b ncrcby :wry It. I -AiJ wrvev waa male +i 'he I unum 'hra fue ,rucr m wpcrv nxm •.r :Y :Mb~m¢ .lcxnoei: ~ncc^. I f I u :here ~rt ncrnach_ upon :he ~A__? a Dr_nY ~v :he at"mrrg ~mmn.arcm. won thr Aea-nneU pn+oen trx.Wn y I~ oT 3 R - z - Q)io~~ Yol 388-167 - Pa. ' P06 II 1. l Toll. 2r T~ Tp _ i' f ` I l,~vr z-i2 fork , 'JOUt~ ~.aQ k.~. PA9- I f Yo 1383' l 1 P. g I I SPATE OF TEXAS COUNTY OF TARRANT i "To the Lienholders and/or the Owners of the Premises surveyed and to FLOOD NOTE: I hereby certify that the property described herein The undersigned does hereby certify that this survey was this day made within a special flood hazard area as identified by the Federal -1- -.1 Administration. Department of Housing and Urban on the ground of the property legally described hereon and is correct, and that Development, the flood hazard area being identified as there are no discrepancies, conflicts, shorages in area, boundary line conflicts, encroachments, ovefla in of im v of the Federal Insurance Admmrstranon Flood Hazard PP g Proemenn, visible lines or roads in place. except as shown hereon, and that said property has access to and from a Bounty Map effective on dedicated roadway except - shown hereon." for the Dated By BASIS FOR BEARING: AP SURVEYING CO. Order No. I David Pollard RPS •1618 NOT FOR CONSTRUCTION 1903 Central Drive. Suite 309 Bedford. TX 76021 Metro (817) 267-1249 QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § That the City Council of the City of Southlake, County of Tarrant, State of Texas, after careful study and consideration, has determined that a certain portion of the right-of- way of South Lake Park Road East located in the City of Southlake, hereinafter more specifically described and depicted as TRI on Exhibit "A" attached hereto and incorporated herein, is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. For and in consideration of the above findings 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 quitclaim unto: ROBERT ZIEGLER ("Grantee"), and any and all of his heirs, legal representatives or assigns, all of Grantor's right, title, and interest in and to the right-of-way described on Exhibit "A" in proportion to his abutting ownership. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described right-of-way unto the said Grantee, his heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives or assigns shall have, claim or demand f:\files\slake\ordinanc\ziegler.gtc (04-21-97) any right or title to the aforesaid right-of-way, premises or appurtenances or any part thereof. EXECUTED this day of , 1997. CITY OF SOUTHLAKE By: Mayor STATE OF TEXAS § COUNTY OF TARRANT § This instrument was acknowledged before me on the day of , 1997, by Rick Stacy, Mayor of the City of Southlake, Texas, a municipality, on behalf of said municipality. Notary Public in and for the State of Texas My Commission Expires: Type or Print Notary's Name f:\files\slake\ordinanc\ziegler.gtc (04-21-97) 2 FED I D. NO. 22 3148254 Star-Telegram AD ORDER NO. 118 41121 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C II 5 7 411/ STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the 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 ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 10/10ME 11841121 ORDINANCE NO . 68 I358 1x 31L 31 . 79 24 . 49 ORDINANCE NO.680 1 0/1 0-1 of-111-- AN ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS OF SOUTH LAKE PARK ROAD EAST IN THE _.... CITY OF SOUTHLAKE, TEX- AS,DECLARING THAT SUCH PROPERTY IS UNNECES- SARY FOR USE BY THE PUB- LIC;AUTHORIZING HTE MAY-, - - - OR TO A EXECUTE QUIT- CLAIM DEED RELEASING PUBLIC OWNERSHIP INTER- EST AND CONTROL OF THIS RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE, AND PROVIDING AN EFFEC- TIVE DATE. PASSED AND APPROVED ON 2ND RREADING THIS THE 7TH DAY OF OCTOBER, 1997, DURING THE REGU- R CITY COUNCIL MEET- G. ick Stacy,Mayor S I U` TEST: /s/ySandra L.yLeGrand, APPROVED AS TO FORM: S ; /s/E.Allen Taylor,Jr., SWORN TO BEFORE ME, THIS THE 14t-h DAY OF OCTORRR , _997 City Attorney ___-_ (0*--4A RFiONDA R. GOKE Notary Public• COMMISSION EXPIRES �'s7 SEPTEMBER 8, 1999 are ci TARRANT COUNTY,TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! 4,---TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----► Star-'Felegrani & ,, 1 e k ;"' ,,:, REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ACCOUNT AMOUNT 11841121 NUMBER CIT57 DUE 24 . 49 PAGE 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 IllCITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY 6. SOUTHLAKE , TX 76092-9595 THIS AMOUNT 24 . 49 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I D. NO. 22-3148254 AD ORDER NO. 11722306 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 0 STATE OF TEXAS my of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared TAMMIE BRYANT Billing Specialist for the 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 ORDER NO. DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 9!19ME 11722:3O6 NOTICE OF PUBLIC I358 ' Ix 37L 37 . 79 29 . 23 NOTIHEARINGBLIC Q 9/19 -Q 5.1 1 --.__ Notice is hereby given to all in- -.terested persons that the ,,City Council of the City of Southlake, will be holding a -ppublic hearing during the - - -- - - - - -- ---- Re uelarheld City Council meetingg „o b 1997 at 6:00 p.m., in the City Council Chambers of -City Hall, 667 North Carroll Avenue,Southlake,Texas. Purpose of the hearing is to 'consider the second reading •of the following ordinance. - - -- - ORDINANCE NO.680 /f,N ORDINANCE VACATING AND ABANDONING CERTAIN PORTIONS OF SOUTH LAKE - PARK ROAD EAST IN THE CITY OF SOIITHLAKE, TEX- AS,DECLARING THAT SUCH • diiOPERTY IS UNNECES- RY FOR USE BY THE PUB- c ;AUTHORIZING THE MAY- TO EXECUTE oUIT AIM DEEDS RELEASING ESTAN OWNERSHIP OFI THIS 25t1'1 SEPTEMBER 1997 ESTANDCOYTROLIDING SWORN TO BEFORE ME, THIS THE DAY OF C RI'SIT-OF-WAY• PROVIDING AA N113 EODLNIGY A NC LEAUSC; =:'i^-'-^ +TIVE DATE. • /s/Sandra L.Lelirand, - ...,'III RHONDA R. GOKE + City Secretary �: .�, 11 Notary PublicA _ City of Southlake 5i.f "�:�' COMMISSION EXPIRES 1 0/r' +;- SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! A-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------.A OFFICE OF CITY SECRETARY tar-Tele ram REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 11722306 NUMB R CIT57 AMOUNT DUE 29 . 23 PAGE 1 OI IF ANY QUESTIONS, PLEASE CALL(817)390-7885 SCITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT► 29 . 23 PLEASE WRITE IN AMOUNT ENCLOSED