0775
ORDINANCE NO. 775
AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY
FOR SOUTH KIMBALL AVENUE IN A PORTION OF TRACT 1 OF THE
GREEN MEADOW SUBDIVISION IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC
OWNERSHIP INTEREST AND CONTROL OF SAID 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, a right of way has been previously dedicated to the City of
Southlake by the owner of Tract 1 of the Green Meadow Subdivision to the City of
Southlake, Tarrant County, Texas; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the right-of-way located in the portion of Tract 1 of
the Green Meadow Subdivision 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;
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 of the abutting
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The right-of-way in the portion of Tract 1 of the Green Meadow Subdivision to the
City of Southlake, Tarrant County, Texas, more specifically shown in Exhibit "A" and
described in Exhibit "B" attached hereto and incorporated herein for all purposes, 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. Accordingly, the above described right-of-
way is hereby vacated and abandoned as public property and shall revert in fee simple
to the owner of Tract 1 of the Green Meadow Subdivision.
SECTION 2.
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute a quitclaim deed 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 deed 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 incorporation in this ordinance of any such
74- 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.
PASS AND APPROVED ON FIRST READING ON THIS DAY OF
2000.
MAYOR
OV- ATT ST:
CITY SECRETARY
PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
16 2000.
'MAYOR
ATT T:
CI SECRETARY
APPR ^ ED. S TO FO M AND LEGALITY:
City Attorney
Exhibit `B'
Being a 0.045 acre tract of land in the C.B. McDonald Survey, Abstract No. 1013, City of
Southlake, Tarrant County, Texas, and being a portion of Green Meadow Subdivision, Tract 1, as
recorded in Volume 388-96, Page 45 (P.R.T.C.T.) and being more particularly described as
follows:
COMMENCING at a concrete monument found, said point being the northeast corner of said
Green Meadow Subdivision, Tract 1.
THENCE S 86° 45'00" W, for a distance of 258.15 feet to a''/2" iron pin found for a corner,
said point being the northwest property corner of said Tract 1 and in the south
right-of-way line of Crooked Lane, said point also being the POINT OF
BEGINNING;
THENCE S 00° 15'00" W, for a distance of 75.16 feet to a point, said point being the
beginning of a curve to the left, having a radius of 4,438.00 feet and a chord
bearing of S 0° 43' 19" E;
THENCE continuing along said curve, for a distance of 150.56 feet to a 5/8" iron pin set for
a corner, said point being the beginning of a curve to the left, having a radius of
1,116.00 feet and a chord bearing of N 06° 47' 41 " W;
THENCE continuing along said curve, for a distance of 198.71 feet to a 5/8" iron pin set for
a corner, said point also being the beginning of a curve to the right, having a
radius of 23.78 feet and a chord bearing of N 37° 24' 42" E;
THENCE continuing along said curve, for a distance of 40.92 feet to the POINT OF
BEGINNING, containing 0.045 acres of land, more or less.
G:\001-230\230-LGL 11.DOC
January 13, 2000
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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 the right of way of a
portion of South Kimball Avenue, located in a portion of Tract 1 of the Green
Meadow Subdivision, located in the City of Southlake, hereinafter more
specifically shown on Exhibit "A" and described on Exhibit °B" 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 James F. Lunsford,
Trustee ("Grantee"), any and all of their 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 their 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 any right or title to the aforesaid right of way,
premises or appurtenances or any part thereof.
EXECUTED this day of 41,j' L , 2000.
CITY OF SOUTHLAKE
B
Mayor
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Exhibit 'B'
Being a 0.045 acre tract of land in the C.B. McDonald Survey, Abstract No. 1013, City of
Southlake, Tarrant County, Texas, and being a portion of Green Meadow Subdivision, Tract 1, as
recorded in Volume 388-96, Page 45 (P.R.T.C.T.) and being more particularly described as
follows:
COMMENCING at a concrete monument found, said point being the northeast corner of said
Green Meadow Subdivision, Tract 1.
THENCE S 86° 45'00" W, for a distance of 258.15 feet to a''/2" iron pin found for a corner,
said point being the northwest property corner of said Tract 1 and in the south
right-of-way line of Crooked Lane, said point also being the POINT OF
BEGINNING;
THENCE S 00° 15'00" W, for a distance of 75.16 feet to a point, said point being the
beginning of a curve to the left, having a radius of 4,438.00 feet and a chord
bearing of S 0° 43' 19" E;
THENCE continuing along said curve, for a distance of 150.56 feet to a 5/8" iron pin set for
a corner, said point being the beginning of a curve to the left, having a radius of
1,116.00 feet and a chord bearing of N 06° 47' 41" W;
THENCE continuing along said curve, for a distance of 198.71 feet to a 5/8" iron pin set for
a corner, said point also being the beginning of a curve to the right, having a
radius of 23.78 feet and a chord bearing of N 37° 24' 42" E;
THENCE continuing along said curve, for a distance of 40.92 feet to the POINT OF
BEGINNING, containing 0.045 acres of land, more or less.
G:\001-230\230-LGLI LDOC
January 13, 2000
+ r
D200103809
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE, TX 76092
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y
I N D E X E D-- T A R R A N T C O U N T Y T E X A S
S U Z A N N E H E N D E R S O N COUNTY CLERK
O F F I C I A L R E C E I P T
T O: CITY OF SOUTHLAKE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
200227271 DR91 JP 05/16/2000 10:54
INSTRUMENT FEECD INDEXED TIME
1 D200103809 WD 20000516 10:54 CG
T O T A L DOCUMENTS: 01 F E E S: 23.00
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.
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 170100651
FORT WORTH,TX 76102 Invoice Date: 4/7/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 4/30/00
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 17010065
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: CITY OF SOUTHLA
Publication Date: 4/7/00
CITY OF SOUTHLAKE,TEXAS ORDIN I358 1 38 38 LINE $5.79 $220.02
CITY OF SO$HLAKE.
TEX
Sales Discount AN ORIDIINNANCEN ACATING ($189.24)
AND ABANDONING A
RIGHT OF WAY FOR
SOUTH KIMBALL AVENUE
IN A PORTION OF TRACT
1 OF THE GREEN MEAD-
OW SUBDIVISION IN THE $30.78
CARRANITY OF
NT COUNTY, Net Amount:
AS; DECLARING THAT
SUCH PROPERTY IS UN-
NECESSARY FOR USE BY
THE PUBLIC; AUTHORIZ-
ING THE MAYOR TO EXE-
CUTE
REL EASING PUB-
QUITCLAIM
DEED
LIC OWNERSHIP INTER-
EST AND CONTROL OF
SAID RIGHT-OF-WAY; PRO-
VIDING A SEVERABILITY
CLAUSE- AND PROVIDING
AN EFFECTIVE DATE.
PASSED AND APPROVED
BY THE CITY COUNCIL
OF THE CITY OF SOUTH-
LAKE, TEXAS ON THIS
THE 4TH DAY OF APRIL,
2000.
MAYOR RICK STACY
ATTEST:
SANDRA L. LEGRAND,
CITY SECRETARY
THE STATE OF APPROVED AS TO FORM:
E. ALLEN TAYLOR JR.,
County of Tartar CITY_ATTORNEY
Before me,a Notary Public in and for said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegram,published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,aft being duly sworn,did depose and say that the
attached clipping of an advertisement was pub' in e above named paper on isted dates:
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Wednesday,Apri , 2000.
Notary Public •
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 170100651
Invoice Amount: $30.78
PO Number:
Amount Enclosed: $
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 169185831
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 3/24/00
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 3/31/00
Bill To: PO Number:
CITY OF SOUTHLAKE
667 N CARROLL AVE Order Number: 16918583
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: CITY OF SOUTHLA
Publication Date: 3/24/00
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE,TEXAS NOTIC 1358 1 44 44 LINT. S5.79 $254.76
CITY OF 11O LAKE.
Sales Disc I ��p��NOTICE was hereby given ($219.12)
to all interested persons
that the City Council of
the City of Soethlake,Tex-
as,will be holding a public
hearing during the regular
city council meetin to be
held on April at Net Amount: $35.64
7:00 p.m. The meeting
will be held in the City
Council Chambers of City
Halt,667 North Carroll Av-
enue, Srouthlake, Texas.
Purposes,,of the hearing
will be held re-g$rding the
following
ORDINANCE NO.775
AN ORDINANCE VACATING
AND ABANDONING A
RIGHT OF WAY FOR
SOUTH KIMBALL AVENUE'
IN A PORTION OF TRACT 1
OF THE GREEN MEADOW
SUBDIVISION IN THE CITY
OF SOUTHLAKE, TAR-
RANT COUNTY, TEXAS;
DECLARING THAT SUCH
PROPERTY IS UNNECES-
SARY FOR USE BY THE
PUBLIC; AUTHORIZING
THE MAYOR TO EXECUTE
A QUITCLAIM DEED RE-
LEASING PUBLIC OWNER-
THE SD SHIP INTEREST
OF SAID RIGHT OF-
COunty SEVE PROVIDING
RABILI CLAUSE;
AND PROVIDING AN EF-
Before lr Sandra LE LeGrand 'or said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegrarr Ctty ofof`southlake,Texas legram, Inc.at Fort Worth,in Tarrant County,Texas;and who,afte eing duly sworn,did depose and say that the
attached clipping of an adverutelflent was published in the above named paper on the listed dates:
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, Marc 2000.
Notary Public •
DAWN M. KUYKENDALL
�\ COMMISSION EXPIRES
4Iho SEPTEMBER 19,2008 '>
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 169185831
Invoice Amount: $35.64
PO Number:
Amount Enclosed: $