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0701ORDINANCE NO. 701 AN ORDINANCE VACATING AND ABANDONING RIGHT-OF-WAY ON PINE COURT, 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 QUITCLAIM DEEDS RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF SAID RIGHT-OF-WAY AND PROVIDiNG FOR AN EFFECTIVE DATE. WHEREAS, the City of Southlake 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 deternfined that right-of-way on Pine Court in the City of Southlake, hereinafter more specifically described, are not being used by, nor useful or convenient to the public in general; therefore, it constitutes 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 right-of-xvay, the City desires to execute quitclaim deeds releasing all title, ownership and control in said right-of-way to the owners of the abutting property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The following right-of-way on Pine Court is hereby vacated and abandoned as public property: Pine Court located in the City of Southlake said right-of-way being depicted and described as TRACTS I, IL and III on Exhibit A mid Exhibit B 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. Thc right-of-way so vacated and abandoned shall revert in fee simple to the owners o f 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 smd 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 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 ~vould 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. 2 PASSED AND APPROVED ON FIRST READING ON THIS /0 ~'~ , 1998. CITY OF SOUTHLAKE, TEXAS DAY OF AND APPROVED ON SECOND READING ON THIS . ,1998. I CITY OF SOUTHLAKE, TEXAS DAY OF ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: 3 EXHIBIT A (PAGE 1 OF 4) PROPERTY DESCRIPTION TRACT I BEING A 0.:448 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY, ABS'i'P~CT NO. 899, IN THE CITY OF SC~JTHLAK~, TARRAN-r COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0,97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6836, PAGE 1521, OF THE DEED RECORDS OF TARRANT COUNTY, TF_X~S (D.R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT (60' R.O.W.). SAID 0.448 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET IN THE NORTH R.O.W. LINE OF SAID PINE COUP, T FOR THE SOIJ-t-HW~ST CORNER OF LOT 2-R, GRAHAM- WHITE ADDITION, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN VOLUME 388-201, PAGE 82, OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.); THENCE S 00°20'50" W, OVER AND ACROSS SAID PINT COURT R.O.W., A DISTANCE OF 30.0(] FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER; THENCE S 89°39'10" E, OVER AND ACROSS SAiD PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE NORTH R.O.W. LINE OF SAiD PINE COURT, A DISTANCE OF 650.48 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER; THENCE N 00°20'50" E, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.0(3 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR THE COMMON SOUTHEAST CORNER OF SAID LOT 2-R AND THE SOUTHWEST CORNER OF TIMARRON ADDI3qON, SRYSON SQUARE, PHASE ONE, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE 3444, P.R.T.C.T.; THENCE N 89°3~09~' W, ALONG THE COMMON NORTH R.O.W. LINE OF SAID PINE COURT AND THE SOUTH LINE OF SA]D LOT 2-R,A DISTANCE OF 650.48 FEET THE POINT OF BEGINNING, AND CONTAINING 0.448 ACRES OF LAND, MORE OR LESS. PAGE I OF 1 H :~JO B\T1VARR O N',~q723170 I~,SDATA~ 17EX0O4*FNS 4 EXHIBIT A (PAGE 2 OF 4) PROPERTY DESCRIPTION TRACT 2 BEING A 0.186 ACRE TRACT OF L.AND SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, IN THE CITY OF SOUTHLAKE, TARRANT COUN'I~, TF__XAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6838, PAGE 1521 OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D.R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT (60' R.O.W.). SAID 0.186 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING ATA 1/2" IRON ROD FOUND IN THE SOLFrH R.O.W. LINE OF SAID PINE COURT FOR THE COMMON MOST NORTHERLY NORTI-IWISST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO CAROLYN JO V. PONDER, RECORDED IN VOLUME 13032, PAGE 356, D.R.T.C.T., AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEEDS TO PERRY WEST RECORDED IN VOLUME 7741, PAGE 504, D.R.T.C.T AND ELIZABETH J. CO'l ~ LE-WEST, RECORDED IN VOLUME 11368, PAGE 341, D.R.T.C.T.; THENCE N 00°20'50" E, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER; THENCE N 89°39'10" W, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE SOUTH R.O.W. LINE OF SAID PINE COURT, A DISTANCE OF 270.10 FEET TO A 518" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER; THENCE S 00°20'50'' W, OVER AND ACROSS SAID PINE COURT, A DISTANCE OF 30.00 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET IN THE COMMON sOUTH R.O.W. LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID WEST TRACT, SAID POINT BEING S 89°3~10" E, A DISTANCE OF 15.06 FEET FROM THE COMMON SOU-I-HW~ST CORNER OF SAID PINE COURT AND THE NORTHWEST CORNER OF SAID WEST TRACT; THENCE S 89°39'10" E, ALONG SAID COMMON LINE, A DISTANCE OF 270.10 FEET THE POINT OF BEGINNING, AND CONTAINING 0.186 ACRES OF LAND, MORE OR LESS. PAGE 1 OF 1 H:~JOB\TI MARRO N~97231701~SDATA~317EX003.FNS EXHIBIT A (PAGE 3 OF 4) PROPERTY DESCRIPTION TRACT 3 BEING A 0.317 ACRE TRACT OF LAND SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION OF THAT CALLED 0.97 ACRE TRACT OF LAND DESCRIBED IN RIGHT-OF-WAY (R.O.W.) DEDICATION, RECORDED IN VOLUME 6836, PAGE 1521, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS (D,R.T.C.T.), THE SAME BEING COMMONLY KNOWN AS PINE COURT (60' R.O.W.). SAID 0.317 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED BY MI:/I:S AND BOUNDS AS FOLLOWS: BEGINNING AT A 1/2" IRON ROD FOUND IN THE SOUTH R.O.W. LINE OF PINE COURT FOR THE COMMON MOST NORTHERLY NORTHWEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO CAROLYN JO V. PONDER, RECORDED IN VOLUME 13032, PAGE 356, D.R.T.C.T. AND THE NORTHEAST CORNER OF A TRACT OF LAND DESCRIBED IN DEEDS TO PERRY WEST, RECORDED IN VOLUME 7741, PAGE 504, D.R.T.C.T. AND ELEZlBETH J. COTTLE-WEST RECORDED IN VOLUME 11368, PAGE 341, D.R.T.C.T.; THENCE S 89°39'10" E, ALONG THE COMMON SOUTH LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID PONDER TRACT, PASSING AT A DISTANCE OF 380.78 FEET, THE COMMON NORTHEAST CORNER OF SAID PONDER TRACT AND A TRACT OF LAND GIVEN TO KEITH FRF77A AS STATED IN VACATION OF PLAT, RECORDED IN VOLUME 12736, PAGE 206, D.R.TC.T., CONTINUING ALONG THE COMMON SOUTH R.O.W. LINE OF SAID PINE COURT AND THE NORTH LINE OF SAID FRF77A TRACT, A TOTAL DISTANCE OF 420.78 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR THE SOUTHEAST CORNER OF SAID 0.97 ACRE TRACT AND AN ELL CORNER OF SAID FREZZA TRACT; THENCE N 00°00'55'' W, ALONG THE COMMON FAST R.O,W. LINE OF SAID PINE COURT AND THE WEST LINE OF SAID FRI:::77A TRACT, A DISTANCE OF 60.00 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET IN THE COMMON NORTH R.O.W. LINE OF SAID PINE COURT AND THE SOUTH LINE OF T~MARRON ADDITION, BRYSON SQUARE, PHASE ONE, AN ADDITION TO THE CITY OF SOUTHLAKE RECORDED IN CABINET A, SLIDE OF THE PLAT RECORDS, TARRANT COUNTY, TEXAS (P.R.T.C.T.); THENCE N 89°3~10" W, ALONG SAID COMMON LINE, A DISTANCE OF 40.02 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURG~_.SS'' FOUND FOR THE COMMON SOUTHWEST CORNER OF SAID TIMARRON ADDITION AND THE SOUTHEAST CORNER OF GRAHAM- WHITE ADDmON, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN VOLUME 388-201, PAGE 82, P.R.T.C.T.; THENCE S 00°20'50" W, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET A 5/8" IRON ROD CAPPED "CARTER & BURGESS" SET FOR CORNER; THENCE N 89'39'10" W, OVER AND ACROSS SAID PINE COURT R.O.W., 30.00 FEET PARALLEL TO THE SOUTH R.O.W. LINE OF SAID PINE COURT, A DISTANCE OF 380.38 FEET PAGE 1 CF 2 H:tJOB\TIMARRON~97231701~SDATA~317EX002.FNS 6 EXHIBIT A (PAGE 4 OF 4) TO A 5/8' IRON ROD CAPPED 'CARTER & BURGESS' SET FOR CORNER; THENCE S 00°20'50" W, OVER AND ACROSS SAID PINE COURT R.O.W., A DISTANCE OF 30.00 FEET THE POINT OF BEOINNIN(3, AND CONTAINING 0.317 ACRES OF LAND, MORE OR LESS. PAGE 2 OF 2 H:)JOBkTlMARRON~7231701~SDATA~317EX002.F NS EXHIBIT B EXHIBIT "k" Star_Telegraimn FED. I.D. NO. 22-3148254 AD ORDER NO. 12773528 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 TIaE STATE OF TEXAS unty 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: 7- DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH,LINE 4/10ME 12773528 ORDINANCE NO . 70 I358 ' 1x 30L 30 QUOTE 24 . 30 OORINA AN N CENOVCAT AING OW 0—0 4/10 —"-- AND ABANDONING RIGHT- OF-WAY ON PINE COURT IN THE CITY OF SOUTHLAKE, TARRANT COUNTY TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECES- SARY FOR USE BY THE PUB- LIC;AUTHORIZING THE MAY- OR OF THE CITY OF SOUTH- LAKE TO EXECUTE QUITCLAIM DEEDS RELEAS- ING PUBLIC OWNERSHIP,IN- TEREST OR CONTROL OF SAID RIGHT-OF-WAY AND PROVIDING FGR AN EFFEC- TIVE DATE. PASSED AND APPROVED ON THE 7TH DAY OF APRIL, 1998, DURING TI-E REGU- LAR CITY COUNCIL MEET AYOR RICK STACY SION TTEST: ..ITY SECRETARYRAND, APPROVED AS TO FORM: 13 t h APRIL 1998 S E.ALLETORNEYR,JR, THIS THE DAY OF CITY ATTORNEY pv F�Ih ss=' f, RHONDA R. GOKE �`� P;•=,-)0�.1•% COMMISSIONNotary Public EXPIRES °�` � . �s SEPTEMBER 8, 1999 •i ^� +• TARRANT COUNTY,TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! L�TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT-�► Star-'Felegrain °� CITY SECidik, `' REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ACCOUNT AMOUNT 12773528 NUMBER (ITS? DUE 24 . 30 PAGE1 Dry IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE PLEASE PAY 667 N CARROLL AVE THIS AMOUNT/ 1 SOUTHLAKE, TX 76092-9595 24 . 30 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegrani. FED. I.D. NO. 22-3148254 AD ORDER NO. 12651525 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CI T 5 7 TLIE STATE OF TEXAS unty of Tarrant Before me, a Notary Public in and for said County and State, this day Tammie Bryant personally appeared 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: i DATE AD ORDER NO, DESCRIPTION AD SIZE TOTAL INCH/LINE RATE AMOUNT 3/20ME 12651525 NOTICE OF PUBLIC I358 Ix 39L 39 QUOTE 31 . 59 NOTICE OF 03/20-03/20 PUBLIC HEARING Notice is hereby given to all in- terested persons that the City Council of the City of Southlake, will be holding a -- - - - public hearing during the Regular City Council meetingg to be held on April 7, 1998 Hta l6:00 7pm.,h n the City, l,66NortCarroll Ave nue, Southlake,Texas. Purpose of the hearing is.to consider the second reading of the followingg ordinance. CITY O Sul'TEXA1HLAKE, ORDINANCE NO.701 AN ORDINANCE VACATING AND BATt PINE COURIGHT- OF-WAY • THE CITY OF SOUTHLAKE, TARRANT COUNT TEXAS; DECLARING HAT SUCH EC TY .IS UNN ES- S SARY FOR USE BY THE PUB- 'IC;AUTHORIZING THE MAY- OR OF THE CITY OF SOUTH- 23th March 1998 S 11 LAKE TO EXECUTE WORN TO BEFORE ME, THIS THE DAY OF NUITCLAIM DEEDS RELEAS- > , ?Egret PUBLIC OWNERSHIP,IN- TEREST OR CONTROL OF SAID f1RAINAfCON _OL OF ti.��;pl AND PROVIDING FOR AN EF- t r RHONDA R. GOKE Notary Public '1 V1. WL`-41__ 1 , 21E_. Sandra LE LDeGrand •� • COMMISSIO EXPIRES City Secretary r pity of Southlake ;/ , 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�► Star-Telegraiti OFFICE OF REMIT TO: , 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 CITY SECRET,'..,Y ACCOUNT AMOUNT 12651525 NUMBER CIT57 DUE 31 . 59 PAGE1 al IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY ii SOUTHLAKE, TX 76092-9595 THIS AMOUNT PP 31 . 59 PLEASE WRITE IN AMOUNT ENCLOSED