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0705ORDINANCE NO. 705 AN ORDINANCE VACATING AND ABANDONING RIGHT-OF-WAY ON BRITTAIN DRIVE, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; RETAINING A FIFTEEN-FOOT UTILITY EASEMENT ON THE SOUTHERN PORTION OF THE PARCEL; 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 detemfined that right-of-way on Brittain Drive 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 benefit, and the public would be better served and benefited 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 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 SOUTHLAKE, TEXAS: SECTION 1 The following right:of-way on Brittain Drive is hereby vacated and abandoned as public property: Brittain Drive located in the City of Southlake said right-of-way being depicted and described as grltmln Drive on Exhibit A and 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 benefited 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. A fifteen-foot utility easement (as described in Exhibit B) located on the southern portion right-of-way being abandoned shall be retained. 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 fight-of-way on behalf of the City of Southlake, Iexas. 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 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. 0 0 EXHIBIT A LEGAL DESCRIPTION OF AREA TO BE ABANDONED Being a tract of land situated in the Thomas H. Beedy Survey, Abstract No. 72, in the City of Southlake, Tarrant County, Texas, and being the 50 foot wide dght of way shown on the Plat of Bdttany Place, an Addition to the City of Southlake, Tarrant County, Texas, recorded in Volume 388-199, Page 96 of the Plat Records of Tan'ant County, Texas, as Bdttain Drive, and being more particularly described by metes and bounds as follows; Beginning at the Northwest comer of Lot 7, Block A, of said Brittany Place, said point being at the intersection of South right of way line of Bdttany Court and the East right of way line of said Brittain Ddve; Thence South 0 deg. 33 min. 04 sec. West, along the West line of said Lot 7, and the East line of said Brittain Ddve, a distance of 125.00 feet to a point for corner, said point being the Southwest corner of said Lot 7, and also being in the South line of said Brittany Place; Thence North 89 deg. 26 min. 56 sac. West, along the South line of said Bdttany Place, a distance of 50.00 feet to a point for corner; said point being the Southeast corner of Lot 3, Block B, of said Bdttany Place, and also being in the South line of said Bdttany Place; Thence North 0 deg. 33 min. 04 sec. East, along the East line of said Lot 3, and the West line of said Brittain Ddve, a distance of 125 feet to a point for corner, said point being the Northeast corner of said Lot 3, and also being in the South line of said Brittany Court; Thence South 89 deg. 26 min. 56 sec. East, a distance of 50.00 feet to the Point of Beginning, and containing 6,250 square feet or 0.144 acres of land, more or less. This description was compiled from the information shown on the plat recorded in Volume 388-199, Page 96, Plat Records, Tarrant County, Texas. © 0 0 DIVISION TO TIMOTHY M. O'CONNOR AND Being a tract of land situated in the Thomas H. Beedy Survey, Abstract No. 72, in the City of Southlake, Tarrant County, Texas, and being a portion of the 50 foot wide right of way shown on the Plat of Bdttany Place, an Addition to the City of Southlake, Tarrant County, Texas, recorded in Volume 388-199, Page 96 of the Plat Records of Tan'ant County, Texas, as Bdttain Ddve, and being more particularly described by metes and bounds as follows; Beginning at the Northeast comer of Lot 3, Block B, of said Brittany Place, said point being at the intersection of South right of way line of Brittany Court and the West dght of way line of said Brittain Ddve; Thence South 0 deg. 33 min. 04 sec. West, along the East line of said Lot 3, and the West line of said Bdttain Drive, a distance of 125.00 feet to a point for corner, said point being the Southeast comer of said Lot 3, and also being in the South line of said Bdttany Place; Thence South 89 deg. 26 min. 56 sec. East, along the South line of said Brittany Place, a distance of 25.00 feet to a point for corner; Thence North 0 deg. 33 min. 04 sec. East, 25.00 feet East of and parallel to the East line of said Lot 3, a distance of 125.00 feet to a point for corner, said point being at the intersection of the centefline of said Brittain Drive and the South line of said Brittany Court; Thence North 89 deg. 26 min. 56 sec. West, a distance of 25.00 feet to the Point of Beginning, and containing 3,125 square feet or 0.072 acres of land, more or less. This description was compiled from the information shown on the plat recorded in Volume 388-199, Page 96, Plat Records, Tarrant County, Texas. 0 0 ED AND APPROVED ON FIRST READING ON THIS . ,1998. CITY OF SOUTHLAKE, TEXAS DAY OF ATTEST: (~ITY SECRETARY  PASSED AND APPROVED ON SECOND READING ON THIS , 1998. DAY OF CITY OF SOUTHLAKE, TEXAS ATTEST: APPROVED AS TO FORM AND LEGALITY: CIq[Y ATTORNEY Adopted: Effective: $ 89'26'56' Point of ff Beginning Lot ,~ Block B Brittany Place Vol 388-199, PE 96, PRTCT 25.00' COLI£ T Lot 7 Block A PRTCT Utility £osement N 89'26'56" W RICHARD C. MAKI , Rag, Prof. Land Surve~r Texas Rag, No. 4587 Doted: 6/16/98 Lot 6 Block B Brittany Place Vol Z88-199, Pg 96, PR FC T --25'O0'~_Point Beginning Lot 7 Britlany Place PRTCT N 89'26'56" W Page 96, Plat Records, Tarrant County, Texas RICHARD C. MAKI Texas Reg. No: 4587 Dated: 6/16/98 EXHIBIT B S 89'26'56" E 25.00' 15' Ut hty £osement 25.00' 1 I Lot ? Block A ~ Brittany Place VoL ~8-199, Pg 96, I I + ..... I- I N 89'26'56" W Pug. 95, Plot Recurds, ~orrant County, Texas. Reg. ~ro[. £ond Surveyor Texas Reg. No 4587 Da(ed: 6/16/98 0 0 9 DIVISION TO J. sco'l-r MA'FI'HEIS AND BRENDA MATTHEIS Being a tract of land situated in the Thomas H. Beedy Survey, Abstract No. 72, in the City of Southlake, Tarrant County, Texas, and being a portion of the 50 foot wide dght of way shown on the Plat of Bdttany Place, an Addition to the City of Southlake, Tarrant County, Texas, recorded in Volume 388-199, Page 96 of the Plat Records of Tan'ant County, Texas, as Bdttain Ddve, and being more Particularly described by metes and bounds as follows; Beginning at the Northwest corner of Lot 7, Block A, of said Bdttany Place, said point being at the intersection of South dght of way line of Bdttany Court and the East d§ht of way line of said Bdttain Ddve; Thence South 0 deg. 33 min. 04 sec. West, along the West line of said Lot 7, and the East line of said Bdttain Drive, a distance of 125.00 feet to a point for corner, said point being the Southwest corner of said Lot 7, and also being in the South line of said Brittany Place; Thence North 89 deg. 26 min. 56 sec. West, along the South line of said Bdttany Place, a distance of 25.00 feet to a point for comer; Thence North 0 deg. 33 min. 04 sec. East, 25.00 feet West of and parallel to the West tine of said Lot 7, a distance of 125.00 feet to a point for corner, said point being at the intersection of the centefline of said Brittain Drive and the South line of said Brittany Court; Thence South 89 deg. 26 min. 56 sec. East, a distance of 25.00 feet to the Point of Beginning, and containing 3,125 square feet or 0.072 acres of land, more or less. This description was compiled from the information shown on the plat recorded in Volume 388-199, Page 96, Plat Records, Tarrant County, Texas. 0 0 D198213787 CITY OF SOIYrHI~ 667 N CARROLL AVE SOL'TI{LAKE, TX 76092 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N 0 T DESTROY INDEXED-- TARRANT COUNTY TEXAS S U Z A N N E I{ E N D E R S O N -- COUNTY CLERK OFFICIAL RECEIPT T O: CITY OF SOUTHLAKE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 198352563 DR93 T021602 09/15/98 14:33 INSTRUMENT FEECD INDEXED TIME 1 D198213787 DT 980915 14:33 CG T O T A L : DOCUMENTS: 01 F E E S: 25.00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Star-Telegram rtU I.U. INV. 314i5Lb4 AD ORDER NO. 13565408 5 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 *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 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 INAL CHTLINE RATE AMOUNT 8/21ME 13565408 ORDINANCE NO . 70 I358 1x 24L 24 5 . 24 125 . 76 I AN ORDINANCE NO.E VAC 0 8/2 1-0.A _.?1, ORAND ABANDONING RIGHT OF-WAY ON BRITTAIN DRIVE, IN THE CITY OF SOUTH LAKE, TARRANT COUNTY, TEXAS' DECLARING THAT SUCH PROPERTY IS UNNEC ESSARY FOR USE BY THE PUBLIC; RETAINING A FIFTEEN-FOOT UTILITY EASE- MENT ON THE SOUTHERN PORTION OF THE PARCEL; AUTHORIZING THE MAYOR OF THE CITY OF SOUTH- - --- LAKE TO EXECUTE SUIT- CLAIM DEEDS RELEASING i PUBLIC OWNERSHIP INTER- EST OR CONTROL of SAID RIGHT-OF-WAY AND PROVID ING FOR AN EFFECTIVE • ATE. SED AND APPROVED ON 18th DAY OF AUGUST, 8, COUNCIL MEET SIGNE � ��� 'RO,. : __ - AVOR RICK STAGY SI ARAND CITYSEECRETARY EV SWORN TO BEFORE ME, THIS THE 24thDAY OF AUGUST 1998 APPROVED AS TO FORM: E. ALLEN TAYLOR JR.,CITY AT- �� J ' AT- TORNEY - --- ip,gr'pG�,� ,_° ,, RHONDA R. GOKE Notary Public ‘--0 c-- A. 4�".., COMMISSION EXPIRES 1 ~F/••,'e+= SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! AL-----TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT------A OFFICE OF Star'Fe1egrarn CITY SECRETARY ► REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ACCOUNT AMOUNT 13565408 NUMBER CIT57 DUE 125 . 76 PAGE 1 Ofy IF ANY QUESTIONS, PLEASE CALL(817)390-7885 elCITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 125 . 76 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram rtU. I.U. INV. ZZ 314LSZD4 AD ORDER NO. 13565408 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. CIT57 s. *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 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 TINTOTAL RATE AMOUNT 8/21ME ' 13565408 ORDINANCE NO . 70 I358 1x 33L 33 . 81 26 . 73 ---- ORDINANCE NO.705 0 8/2 1-0 8/-21- - ---- AN ORDINANCE VACATING AND ABANDONING RIGHT- OF-WAY ON BRITTAIN DRIVE,' IN THE CITY OF SOUTH- LAKE, TARRANT COUNTY - TEXAS DECLARING THAT SUCH PROPERTY IS UNNEC- ESSARY FOR USE BY THE -- PUBLIC; RETAINING A FIFTEEN-FOOT UTILITY EASE- MENT ON THE SOUTHERN _ i AORIO ZONFG TTHE PAMRACEOL(OF THE CITY OF SOUTH- CLAIM TDEEDS CRELEASp�ING PUBLIC OWNERSHIP INTER- EST OR CONTROL OF SAID. RIGHT-OF-WAY AND PROVID- ING FOR AN EFFECTIVE 41 1ED AND APPROVED ON 18th DAY OF AUGUST, \ BCIT DURING COUNCIL MEET- SIG "`�C C\ G MAYOR RICK STACY SI ARAND CITY SECRETARY EG- SWORN TO BEFORE ME, THIS THE 24th DAY OF AUGUST 1998 APPROVED AS TO FORM: E. , ALLEN TAYLOR JR.,CITY AT- �gY�P;`I _TORNEYOVE °P" .... , RNONDA R. GOKE NotaryPublic 10__Ak t-Y \KA . -P.. -&-b..,E., ;,�: /� COMMISSION EXPIRES 1 f SEPTEMBER 8 1999 # ��F PF.i°+� TARRANT COUNTY,TEXAS PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! AL.--TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT_____,, Star-'I'elegrani1 C /���Y 5E�REITT. A�� REMIT TO: � 400 W.SEVENTH ST. •FORT WORTH,TEXAS 7610E V ACCOUNT AMOUNT 13565408 NUMBER CIT5? DUE 26 . 73 PAGE 1 1 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 • CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 7609E-9595 THIS AMOUNT 26 . 73 PLEASE WRITE IN AMOUNT ENCLOSED Star-Telegram FED. I.D. NO. 22 3148254 AD ORDER NO. 13480484 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 V/ T'JE 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: DATE AD ORDER NO I DESCRIPTION AD SIZE TIN TOTAL RATE AMOUNT 8/07ME 13480484 NOTICE OF PUBLIC I358 1x 43L 43 . 81 34 . 83 NOTICE OF PUBLIC 0 8/0 7-0 8/0 7 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 o RegularbehCelityd Council onAugust 18,meetingg t 1998 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 followingg ordinance: CITY OF SOUTHLAKE, TEXAS ORDINANCE NO.70S AN ORDINANCE VACATING AND ABANDONING RIGHT- OF-WAY ON BRITTAIN DRIVE, IN THE CITY OF SOUTH- ,. LAKE TARRANT COUNTY ' i `EXA§' DECLARING THAT �nI UCH PROPERTY IS UNNEC- 'G-N C\ SSARY FOR USE BY THE UBLIC; RETAINING A `�-- iFTEEN-FOOT UTILITY EASE- 1 MENT ON THE SOUTHERN 10th AUGUST 1998 S PORTION OF THE PARCEL :SWORN TO BEFORE ME, THIS THE DAY OF , AUTHORIZING THE MAYOI OF THE CITY OF SOUTH- -;.y�rrvlavO' LAKE TO EXECUTE pUIT- , CLAIM DEEDS RELEASING `Y !� PUBLIC OWNERSHIP INTER- . # :o e4 'Jey'4, RI-{ONDA R. 00KE$ Notary Public *-j0 lib YL-UL.[�, a EST OR CONTROL OF SAID _ r;?: n'y RIGHT-OF-WAY AND PROVID- ING FOR AN EFFECTIVE # •1,.' �, :Z;3 COMMISSION EXPIRES City of Southlake 1BER8i199J9 TARRANT COUNTY,TEXAS Sandra L.LeGrand '‘a of Y= City Secretary �.. PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU! I-TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT----A, ,`. t OF : SECRETA„f Star_lllelegrain REMIT TO: 400 W.SEVENTH ST. •FORT WORTH.TEXAS 76102 ACCOUNT AMOUNT 13480484 NUMBER CIT57 DUE 34 . 83 PAGE]I 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 1 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 34 . 83 PLEASE WRITE IN AMOUNT ENCLOSED