0787ORDINANCE NO. 787
AN ORDINANCE VACATING AND ABANDONING AN EASEMENT,
LOCATED IN THE CITY OF SOUTHLAKE, 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
THIS EASEMENT; 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 an easement, located in the City of Southtake, is not
being used by, nor is 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; and
WHEREAS, in order to remove any question as to the continued interest or
ownership of the public in said easement, the city desires to execute a quitclaim deed
releasing all title, ownership and control in said easement to the owner of the abutting
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
An easement more specifically described in Exhibits "A" and "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.
m:\wd-files\cip\sewer\n-5 easement abandonment ord..doc (06/20/00) PAGE 1
.
•
ORDINANCE NO. 787
AN ORDINANCE VACATING AND ABANDONING AN EASEMENT,
LOCATED IN THE CITY OF SOUTHLAKE, 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
THIS EASEMENT; 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 an easement, located in the City of Southlake, is not
being used by, nor is useful or convenient to the public in general; therefore, it
0 wl constitutes a public charge without a corresponding public benefit, and the public Would
71+
; 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 easement, the city desires to execute a quitclaim deed
IR releasing all title, ownership and control in said easement to the owner of the abutting
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
An easement more specifically described in Exhibits "A" and "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.
m:\wd-files\cip\sewer\n-5 easement abandonment ord..doc (06/20/00) PAGE 1
Accordingly, the above described easement is hereby vacated and abandoned as
public property and shall revert in fee simple to the owner of the abutting property.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute a quitclaim deed to , releasing all claims to title, ownership, or control of the
easement, 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
41,
w 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
I phrase, clause, sentence, paragraph or section of this ordinance shall be declared
u.-
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses,
f sentences, paragraphs and sections of this ordinance, since the same would have been
47rc
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.
m:\wd-files\cip\sewer\n-5 easement abandonment ord..doc (06/20/00) PAGE 2
PAS D AND APPROVED ON FIRST READING ON THIS DAY OF
, 2000.
d
MAYO
= ATT ST:
(i) ivii4Atta
°,,,,°..•• CITY SECRETARY
Vi91i 3111111aN'y�
A SED AND APPROVED ON SECOND READING ON THIS IO DAY OF
, 2000.
4ig''eap3 ois...� `'•,�r MA
0 a ATT ST:
4 /14idiotf.ti
1. ji slar.r
C SECRETARY
,
APPRO ED AS TO FOR IND LEGALITY:
{' e •
City Attorney
7
MAILS
G 2000
CITY SECRETARY
m:\wd-files\cip\sewer\n-5 easement abandonment ord..doc(06/20/00) PAGE 3
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EXHIBIT`B'
Permanent Utility Easement
35'Temporary Construction Easement
Being a 0.230 acre tract of land in the Samuel Freeman Survey,Abstract No.525,
City of Southlake, Tarrant County, Texas and being a strip of land, over, through, and
across Lot 5 of the Kimball/1709 Addition,as shown on plat thereof recorded in
Cabinet A,Slide 4552,(P.R.T.C.T.)and being more particularly described as follows:
BEGINNING at a Texas D.O.T. concrete monument found in the south right-of-way line
of State Highway 114,said point being the northeast corner of said Lot 5;
THENCE S 00° 11' 54"W,a distance of 25.06 feet to a point for a corner in the east
property line of said Lot 5;
THENCE S 86°09' 17"W,a distance of 134.63 feet to a point for a corner;
THENCE N 87'27'48"W,a distance of 255.67 feet to a point for a corner;
: q
1"'�4 THENCE N 82° 25' 23" W, a distance of 88.65 feet to a point for a corner in the
west property line of said Lot 5;
THENCE N 00° 14' 15" E, a distance of 12.09 feet to a Texas D.O.T. concrete
monument found for a corner in the west property line of Lot 5;
THENCE N 50°01' 21"E,a distance of 4.06 feet to a point for a corner;
E7ZTHENCE S 82°25'23"E,a distance of 86.77 feet to a point for a corner;
THENCE S 87°27'48"E,a distance of 104.70 feet to a point for a corner;
0
THENCE N 06° 59' 23" E, a distance of 10.03 feet to a point for a corner in the
south right-of-way line of State Highway 114;
THENCE S 87° 27' 48" E, a distance of 148.18 feet to a point for a corner in the
south right-of-way line of State Highway 114;
THENCE N 86° 09' 17" E, a distance of 135.00 feet to the POINT OF
BEGINNING, containing within these metes and bounds 0.230 acres or
10,018 square feet of land,more or less.
G:\001-450\450•LGL3•r.do c
July 9,1999
•
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 an easement located in the City
of Southlake, Tarrant County, Texas, depicted in Exhibit "A" attached hereto and
incorporated herein for all purposes, and as more particularly described by metes and
bounds as set forth in Exhibit "B" attached hereto and incorporated herein for all purposes
(the "Parcel"), is not being used by, nor useful or convenient to the public in general;
therefore, it constitutes a public charge without corresponding public benefit, and the
public would be better served and benefited by its vacation and abandonment. A true and
correct copy of Ordinance No. 787 of the City of Southlake vacating and abandoning the
Parcel and authorizing this conveyance is attached hereto as Exhibit "C."
"' For and in consideration of the above findings and for other good and valuable
0 consideration, the receipt and sufficiency of which are hereby acknowledged, the City of
Southlake ("Grantor"), a municipality in Tarrant County, Texas, does hereby bargain, sell,
release, vacate, abandon, and forever quitclaim unto Lowe's Home Centers, Inc.
("Grantee"), and its successors and assigns, all of Grantor's right, title, and interest in and
to the Parcel.
TO HAVE AND TO HOLD all of Grantor's right, title, and interest in and to the
Parcel unto the Grantee, its successors and assigns, so that neither Grantor nor its
successors or assigns shall have, claim, or demand any right or title to the Parcel or any
part thereof.
n-5 easement abandon quit claim.doc Page 1
•
EXECUTED this /1 day of • 4.1. 1 , 2000.
CITY OF SOUTHLAKE
By:
' ck tacy, Ma, .
STATE OF TEXAS §
COUNTY OF TARRANT§
This instrument was acknowledged before me on the rQc day of
2000, by Rick Stacy, Mayor of the City of Southlake, Texas, a
munici lity, on behalf of said municipality.
."'"t GBI�a SANDRA l.. LtGRAND
w — # Notary Public
AVItitt131
,� .k vf�./ /` °' SLAT qF TEXAS
r ofd My coon. ixc nu4r2ou
The State of Texas
0
My Commission res:
Type or Print Notary's Name
Exhibits:
A - Map of Parcel
B - Legal Description of Parcel
C - Vacating and Authorizing Ordinance No. 787
MAILED
i.j a i C 2000
n-5 easement abandon quit claim.doc Page 2 CITY SECRETARY
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EXHIBIT'B'
Permanent Utility Easement
35'Temporary Construction Easement
Being a 0.230 acre tract of land in the Samuel Freeman Survey,Abstract No.525,
City of Southlake, Tarrant County, Texas and being a strip of land, over, through, and
across Lot 5 of the Kimball/1709 Addition,as shown on plat thereof recorded in
Cabinet A,Slide 4552,(P.R.T.C.T.)and being more particularly described as follows:
BEGINNING at a Texas D.O.T.concrete monument found in the south right-of-way line
of State Highway 114,said point being the northeast corner of said Lot 5;
THENCE S 00° 11' 54"W,a distance of 25.06 feet to a point for a corner in the east
property Iine of said Lot 5;
THENCE S 86°09' 17"W,a distance of 134.63 feet to a point for a corner;
THENCE N 87°27'48"W,a distance of 255.67 feet to a point for a corner;
THENCE N 82° 25' 23" W, a distance of 88.65 feet to a point for a corner in the
west property line of said Lot 5;
THENCE N 00° 14' 15" E, a distance of 12.09 feet to a Texas D.O.T. concrete
monument found for a corner in the west property line of Lot 5;
' ( THENCE N 50°01'21"E,a distance of 4.06 feet to a point for a corner;
THENCE S 82°25'23"E,a distance of 86.77 feet to a point for a corner;
THENCE S 87°27'48"E,a distance of 104.70 feet to a point for a corner;
.10
,, THENCE N 06° 59' 23" E, a distance of 10.03 feet to a point for a corner in the
• south right-of-way line of State Highway 114;
THENCE S 87° 27' 48" E, a distance of 148.18 feet to a point for a corner in the
south right-of-way line of State Highway 114;
THENCE N 86° 09' 17" E, a distance of 135.00 feet to the POINT OF
BEGINNING, containing within these metes and bounds 0.230 acres or
10,018 square feet of land,more or less.
G:1001.450\450-LGL3-r.doc
July 9,1999
D200187084
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 0 NOT DESTRO Y
I N D E X E D -- T ARRAN T COUNTY TEXAS
Li SUZANNE H E N D E R S O N -- COUNTY CLERK
OFFICIAL RECEIPT
T 0: CITY OF SOUTHLAKE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
200335047 DR96 N C 08/22/2000 09: 16
INSTRUMENT FEECD - - INDEXED TIME
1 D200187084 WD 20000822 09: 16 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.
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 176358631
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 7/21/00
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Bill To:
Due Date: 7/31/00 CITY OF SOUTHLAKE PO Number:
667 N CARROLL AVE Order Number: 17635863
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: CITY OF SOUTHLA
Publication Date: 7/21/00
Description Location Col Depth Linage MU Rate
CITY OF SOUTHLAKE,TEXAS ORDIN 1358 1 34 34 LINE $5.79 $196.86
CITY OF
SOORDINANCE O. 787
Sales Discount AN ORDINANCE VACATING ($169.32)
AND ABANDONING AN
THEEMCITY ALOOF
CASOUTH
ING E-fHATESUCH PROPER-
TY IS UNNECESSARY
FOR USE BY THE PUB-
LIC; AUTHORIZING THE
MAYOR TO EXECUTE A
QITCLARE-
LLEASINGI M PUBLIICED OWNER-
SHIP INTEREST AND
CONTROL OF THIS EASE-
MENT; PROVIDING A SEV-
ERABILITY CLAUSE,- AND
PROVIDING AN EFFEC-
TIVE DATE.
PASSED AND APPROVED
BY THE CITY COUNCIL
OF THE CITY OF SOUTH-
LAKE TEXAS ON THIS
THE 18TH DAY OF JULY,
2000.
MAYOR RICK STACY
ATTEST:
SANDRA L. LEGRAND,
CITY SECRETARY
APPROVED AS TO FORM:
E. ALLEN TAYLOR, JR
CITY ATTORNEY .,
THE STF 2 OF TEXAS w'
County or Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared : .MMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegram, published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;ar who,after being duly sworn,did depose and say that the
attached clipping of an advertisement was published in the above named paper on the listed
C 110�1P
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday,July 21,2000
Notary Public
' DAWN M. KUYKENDALL
COMMISSION EXPIRES
Thank You For Your Payment ' '�'' SEPTEMBER 13,2003 j
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 176358631
Invoice Amount: $27.54
PO Number:
Amount Enclosed: $
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 175223821
FORT WORTH,TX 76102 Invoice Date: 6/30/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 6/30/00
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 17522382
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: CITY OF SOUTHLA
Publication Date: 6/30/00
CITY OF SOUTHLAKE.TEXAS NOTIC I358 1 41 41 LINE $5.79 $237.39
CITY
SOUTHLAKE.OF TEXAS
NOTICE was hereby given
Sales Discount to all interested persons ($204.18)
that the C ty Council of
the City of Southlake,
Texas, will he holding a
public hearing during the
regular city council meet
in to be held on July $33.21
The meets at will be peld Net Amount'
meeting held '
in the City Council Cham-
bers of City Hall, 667
North Carroll Avenue,
Southlake, Texas. Pur-
pose of the hearing will
be held regarding.the fol-
lowin
ORDINANCE NO. 787
AN ORDINANCE VACATING
AND ABANDONING AN
EASEMENT; LOCATED IN
THE CITY OF SOUTH
DECLAR
G LAKE, TEXAS,SUCH PROPER
TY IS UNNECESSARY
FOR USE BY THE PUB-
LIC AUTHORIZING THE
MAYOR TO EXECUTE A
LLEASING PUBLICEOWNER-
SHIP INTEREST AND
CONTROL OF THIS EASE-
MENT, PROVIDING A SEV-
VTY CASE ANDTHE STAE.01 TIVE DATE
PROVIDING N EF
County arr2 of T Sandrareta
L. LeGrand
City Secry
City of Southlake, Texas
Before me,a Notary Public in and for said County and State, c...: Jay personally appeared TAMMIC BRYANT, iid and Legal Coordinator, for the Star-
Telegram, published by:he Star-Telegram, Inc.at Fort Worth, :• arrant County,Texas;and who, fter being eJly sworn,did depose and say that the
attached clipping of an advertisement was published in the abo. 3med paper on the listed dates:
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Friday, 30, 2
Notary Pu_ • Cc6C_
oc DAWN M. KUYKEND L
,-� COMMISSION EXPIRES
Thank You For Your Payment SEPTEMBER 13,2003
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 175223821
Invoice Amount: $33.21
PO Number:
Amount Enclosed: $_µ._. _•