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0710ORDINANCE NO. 710 AN ORDINANCE ABANDONING AND VACATING THE RIGHT-OF-WAY KNOWN AS BLUEBONNET DRIVE 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, OR CONTROL OF SAID BLUEBONNET DRIVE AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Southlake is a home role 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 right-of-way on Bluebonnet Drive in the City of Southlake, hereinafter more specifically described, is not being used by, nor useful or convenient to the public in general; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said street, the City desires to execute quitclaim deeds releasing all title, ownership and control in said street to the owners of the abutting property. NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I The following street is hereby vacated and abandoned as public properly, effective upon the payment of thir market value of the right-of-way by the abutting property' owners: Bluebonnet Drive located in the City of Southlake, as described on the plats of Lots 2, 3, 4, and 5, Block l, Kimball/1709 Addition and being further described and depicted on Exhibits 'A" and "B' attached hereto. The street is not being used by, nor useful or convenient to the public in general. The right- of-way so vacated and abandoned shall revert in simple to the owners of abutting properties. SECTION 2 Upon receipt of payment of the fair market value of the right-of-way, as determined by City Council, from the owners of the abutting properties, 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 Secretao'. 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 an5 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 ordinm~ce of any such unconstitutional phrase, clause, sentence, paragraph or section. 2 P~D APPROVED , 1998. ! ON FIRST READING ON THIS CITY OF SOUTHLAKE, TEXAS DAY OF ATTEST: ]. _P.~A~SSzE. D. NAND APPROVED ON SECOND READING ON THIS /~'"~DAY OF .~Z/./-'ql~/d~ ,1998. CITY OF SOUTHLAKE, TEXAS ATTEST: CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Adopted: Effective: ~l~ ~ CITY OF SOUTHLAKE ADMINISTRATIVE OFFICES OFFICE OF CITY SECRETARY ]725 E. SOUIHLAKE BLVD. SOUTHLA,XE. IEXAS 76092 EXHIBIT A DE$(~RIPTION OF PROPERTY SURVEYED SITUATED in the City at Southlake, Tarrant County Texas, and being a tract at land in the SAMUEL FREEMAN SURVEY. Abstract NO, 525, and being a portion of that certain public roadway known as Bluebonnet Drive Iformer County Road Project No. 3119). and said portion being more fully described as follows: BEGINNING at a TxDOT concrete monument found in place for the most southerly corner of that certain tract conveyed to the Stats of Texas for State Highway ]14 by deed recorded in Volume ~2854, Page 245 of the Tarrant County Deed Records in the east line at said Bluebonnet Drive and the west line of that certain tract conveyed to Four Bear Creek Associates by deed recorded in Volume 8t33. Page 1655. of the Tarrant County Deed Records; THENCE South 0 degrees, 18 minutes, 45 seconds West with said east line al Bluebonnet Drive and west line of Four Bear Creek Associates tract, 424.75 feet 1o the southwest corner of said Four Bear Creek lract and the northwest corner of that ced'ain tract conveyed to Carolling Properties by deed recorded in Volume 12123. Page 2J8, of said Deed Records, from which point a 3/8" iron rod found in place bears North 86 degrees West, 1,8 feet; THENCE South 0 degrees, I1 minutes, 10 seconds West continuing with said east line of Bluebonnet D~ive and with the west fine of said Cavallino Properties tract, 403.64 teet at the southwest co~ner of said Cavallina Properties tract at the point of intersection of the east line of said Bluebonnet gdve with the nc~hedy line of State F. M. Highway 1709 (130 foal wide right-of-way at this point), from which point a displaced TxDOT concrete monument bears North 85 degrees. 08 minutes West, 2.79 feet; THENCE North 70 degrees, 47 minutes, I0 seconds West (base bearing) with said northerly line of F. M. 1709 59.05 feet to a TxDOT concrete monument at the point of intersection at the west line of Bluebonnet Drive with said northeriy line of State F. M. Highway 1709. said point being the northeast corner of that certain tract conveyed to the State of Texas by deed recorded in Volume 9816, Page 560. of said Deed Records; THENCE North 1 degrees, 09 minutes, 20 seconds East with said west line of Bluebonnet Drive, in that certain tract conveyed to Bluebonnet Road Partners, Ltd., by deed, 239.62 feet to the point of intersection of said west line with the north line of said Partners tract and the south line of that certain tract conveyed to Conner Lam by deed recorded in Volume 7878, Rage 2247. of said Deed Records; THENCE North 0 degrees, 21 minutes, 25 seconds East with said west line of Bluebonnet Drive, in said Conner Lam tract, continuing in a second tract conveyed to said Conner Lam by deed in Volume 8024 page 291, of said Deed Records, in all 453.37 feet to the most easterly southeast corner of a third Conner Lam tract, as conveyed by the State of Texas by deed recorded in Volume 12224, Page 590, of said Deed Records in a northwesterly line of said second Conner Lam tract: THENCE North 0 degrees, 25 minutes, 45 seconds East continuing with said west line of Bluebonnet Drive and with the east line at said third Conner Lam tract, 138.19 feet to the northeast corner of said third Lam tract in the south line of that certain portion of Bluebonnet Drive retained for proposed improvements fo~- State Highway 114 from which point a p-k nail found in place bears North B2 degrees West, 0,35 foot; THENCE South 87 degrees, 01 minute. 50 seconds East with said south Iine proposed for Highway 114, 50.38 feet to a point in the west line of said State of Texas tract described in Volume 12854. Page 245 of said Deed Records; THENCE South 0 degrees, 0i minute, 50 seconds East with said west ~ine of State of Texas tract, 19.57 feet to the PLACE OF BEGINNING, and containing 43,584 square feet I1.0006 acre]. This description compiled to describe parcels shown on the accompanyinq exhibit map. EXHIBIT B ..,...,-- -- STATE HWY. 114 ( R.O.W. ) O*'Ol'O0'* E BEGIN DESCRIPTION FOUR REAR CREEK To FOUR BEAR CREEK ASSOCIATES Vol. 8133, pg. 1655 SCALE I" = 80~ N 89°41'45" W 25.59' To CAVALLINO PROPERTIES, LTD. VOl. 1~1~3, Pg. 218 EXHTBTT MAP OF BLUEBONNET DI~1'VE in the City of Southlak¢, Tm'rnnt County, Texas (see ~ccompanying description) BEGIN DESCRIPTION CAVALLI N 0 PROPERTIES T.DOT MONT. Compiled from surveys and records, BEGIN DESCRIPTION BLUEBONNET ROADL ~e~GERRY CURTIS A/~/SOCIATES. INC. Fort Worth, Texas 76147-2568 StarTele ram FED. I.D. NO. 22-3148254 _ � AD ORDER NO. 13737433 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 57 THE 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: 1 DATE AD ORDER NO. DESCRIPTION AD SIZE TOTAL RATE AMOUNT INCH/LINE 9/18ME 13737433 ORDINANCE NO . 71 I358 1x 29L 29 . 81 23 . 49 ORDINANCE NO.710 09/18-09/18 - — --- - AN ORDINANCE NO. 710, ING BLUEBONNETST A DRIB N THE CITY OF SOUTHLAKE,TARRANT DECLARING COUNT THAT` TSUXACH ------ PROPERTY IS UNNECES- BY THE PUBLIC; AUTHORIIARY FOR THE ZING THE - - - MAYOR OF THE CITY OF SOUTHLAKES TO EXECUTE INGTCPUBLIC E OWNERISHIP, OR CONTROL OF SAID BLUE- BONNET DRIVE AND PROVID- ING FOR AN EFFECTIVE DATE. PASSED AND APPROVED ON THE 15th DAY OF SEPTEM- BER 1998, DURING THE REGULAR CITY COUNCIL ,•MEETING. MAYOR RICK STACY —TEST: SANDRA L. LEG- SI aND,CITY SECRETARY _ 'ROVED AS TO FORM: E. IO.LEN RNEYAYLORJR.,CITYAT- 21st SEPTEMBER 1998 SUBSCRIBED AND SWORN TO BEFORE ME, THIS THE DAY OF '" Notary Public SI�CX-u�. +=(P'.......�„^, RHONDA R. GOKE kirSerieL 0 COMMISSION EXPIRES //'.;• ±�f SEPTEMBER 8, 1999 TARRANT COUNTY,TEXAS 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-�* Star-'FelegraiTl REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 ACCOUN 13737433 NUMBER CIT57 AMOUNTDUE 23 . 49 PAGE 1 01 IF ANY QUESTIONS, PLEASE CALL(817)390-7885 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 23 . 49 PLEASE WRITE IN AMOUNT ENCLOSED FED. I.D. NO. 22-3148254 Star-Telegram AD ORDER NO. 13655870 400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7 ESTATE 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 INCCHTLINE RATE AMOUNT 9/04ME 13655870 NOTICE OF PUBLIC I358 1x 38L 38 . 81 30 . 78 NOTICE OF 09/04-09/04 PUBLIC HEARING Nl in- terestedice is erebY perrsonsgiven that Ithe I City Council of the City of Southlake,will be hold ng a public hearing during the Regular City Council meeting to be held on September 15, 1998 at 6:00 p.rn., in the City Council Chambers of City Hall, 667 North Carroll Avenue,Southlake,Texas. Purpose consider the hsecond e nreading is to 1 of the folloo w in Oorrdinance. SOUTHLAKE TEXAS ORDINANCE NO.710 AN ORDINANCE VACATING- - AND ABANDONING BLUEB- ONNET DRIVE IN THE CITY F SOUTHLAKE TARRANT UNTY TEXAS DECLAR- THAF SUCH PROPERTY - NNECESSARY FOR USE SIG tv %. - THE PUBLIC' AUTHORIZ- �7 --_- - G THE MAYOR OF THE CITY OF SOUTHLAKE TO EX- 8th SEPTEMBER 1998 ECUTE Q�o]UITCLAIM DEEDS I� �l�.�, SU SHPAINTERESTIORWCON-!VvORrTv''. I THE DAY OF TROL OF SAID PROVIDING N-• p '' " ?`.!sR JANE A. DERBY , a. NET DRIVE AND PROVIDING F'3=;� 'i���� FOR AN EFFECTIVE DATE. %"i °� COMMISSION Notary Public Sandra L.LeGrand r��r.. �y. EXPIRES City Secretary y.L.' '� MARCH 2 City of Southlake-_. _.-- a„s,�,;F,tF.4.. , 1999 ARRANT 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--.2, Star-'Felegrain °FF°CEOF CITY SECRETARY REMIT TO: 400 W.SEVENTH ST. •FORT WORTH,TEXAS 76102 13655870 ACCOUNT NUMBER CIT57 ADUENT 30 . 78 PAGE 1 Oil IF ANY QUESTIONS, PLEASE CALL(817)390-7885 1111 CITY OF SOUTHLAKE 667 N CARROLL AVE PLEASE PAY SOUTHLAKE , TX 76092-9595 THIS AMOUNT 30 . 78 1 PLEASE WRITE IN AMOUNT ENCLOSED