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0826 ORDINANCE NO. 826 OFFICIAL RECORD AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN PORTIONS OF THE THOMAS BEEDY SURVEY, ABSTRACT NO. 72 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 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 owners of the Thomas Beedy Survey, Abstract No. 72 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 portions of the Thomas Beedy Survey, Abstract No. 72 is not being used by, nor useful or convenient to the public in general; save and except for a utility easement for existing utility facilities. 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 owners of the abutting property, save and except for a utility easement for existing utility facilities. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The right-of-way in portions of the Thomas Beedy Survey, Abstract No. 72 to the City of Southlake, Tarrant County, Texas, 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. Save and except for a utility easement for existing utilities. 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 save and except for a utility easement for existing utilities. 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 the behalf of the City of Southlake, Texas. SECTION 3 A copy of said quitclaim shall be presented for filling 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. PASSED AND APPROVED ON FIRST READING ON THIS ~ DAY OF j'~ r , 2002. -r MAYOR \ '~P ATTEST A % • ° ?v' ~en~ of" CITY SEC' LF to' Vy° ~f PASSED AND APPROVED ON SECOND READING ON THIS DAY OF 2002. MAYOR ,,,,ntnn44a, ATTE` `°,&3THC,y~, O;' -3- C.) CO • . APPR DD AS TO FORM AND LEGALITY: 1 o6v gleir "A a Property Description 0.1926 acres of land situated in the Thomas Beedy Survey, Abstract No 72, City of Southlake, Tarrant County, Texas; said 0.1926 acres of land being apart of Shady Oaks Drive, a public roadway; said 0.1926 acres of land being more particulary described by metes and bounds as follows, BEGUNNiNG at the southeast corner of Lot E and the northeast corner of Lot D, Block 1 of Old Orchard Country Estates, an addition to said city as recorded in Volume 388/118, Page 41, Plat Records, TCT, said corner also being in the west R-O=W line of Shady Oaks Drive; THENCE N 010 55'06" E, 348.00 feet along the east line of said Lot E and along the said west R-O- W line to the northwest corner of this tract; THENCE S 43° 04' 55" E, 35 36 feet to the centerline of said Shady Oaks Drive; THENCE S 010 55'06" W, 323.00 feet along said centerline to the southeast corner of this tract; THENCE N 88° 04'54" W, 25.00 feet to the P.O.B. and containing 8,388 square feet or 0.1926 acres of land more or less. ~PZE OF r~+ . y..P.~We RF0 ~s COY 0. LANDES taaa GRES810?. SURD C,~uLl EX /I ~T yt ~ ..Por+ior) of 5had~ Oak, Dr. +o. ba t b~ nclor cd DOVE R O p S, r~oP~xd ~o~ 4 5 35.:51. SCALE • I N:50' 8 Lo-I. 1= 81K. I 0.7 Olc"Orchard CourrFrtr.~sfa~ ~ ~ I Vol. -558/ 118,P-4-1 PRTCT Q ' r a C j) ut 0 ~r Od `S cQ o ~Q QI ~ Q Po,n+ ep fbe,:jlrlninc~ (n S. E. Cdr L ~ f I.E.Cor L c 0+ 0 N88°04 154"k/ ~ 125.P0' LOT 0 8L \ i c ~F r ~~•~i slt~ f+ C Y LANDES, R.P.L S. NO. 1888 COY D. LANDES ' ..T',....~ 686...', CANOES t A090CUTCS, INC. ~~•"9URJ ~O REGISTERED PROFESSIONAL UND SURVEYORS INVOICE Star-Telegram Customer ID: CIT57 400 W.7th Street Invoice Number: 212723841 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 4/4/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 4/30/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21272384 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA Publication Date: 4/4/02 CITY OF SOUTHLAKE,TEXAS ORDIN I3580 1 47 47 LINE $6.08 $285.76 Sales Discount °I LAKOEF TEXAS ($247.69) ORDINANCE NO.826 AN ORDINANCE VA- CATING AND ABANDONING - A RIGHT OF WAY IN PORTIONS OF THE SURVEY, BEEADBY Net Amount: $38.07 THE CITSTACTOY 72OF SOUTHLAKE TAR- RANT COUNTY, TEXAS DECLARING THAT SUCH PROP- ERTY IS UNNECES- SARY FOR USE BY THE PUBLIC; AU- THORIZING THE MAYOR TO EXE- CUTE A QUITCLAIM DEED RELEASING PUBLIC OWNER- SHIP INTEREST AND CONTROL OF SAID RIGHT-OF- WAY PROVIDING A SE'IERABILLTY CLAUSE; AND PROVIDING AN EF- FECTIVE DATED . PASSED ANAP- THE STATE OFT CIITOYV CDOUNCITY CIL of THE OF County of Tarrant SOUTH L T£X- AS ON THIS AKE YH YsI DAY OF APRIL 2 02. Before me,a NOtaZ-rEOST. KIM B GY 'and State,this day onally appeared Christy Holland, Bid and Legal Coordinator for the Star-Telegr RETARD CITY s ;rem,Inc.at Fort ort ,i Tarrant County,Texas;and who,after ing duly sworn,did depose and say that the attached( MVED ALCTN pu FORpublished in th abo ed paper on the listed d tes: BIDS EGAL DEPT. STAR TL RAM (817) 390-757e TA TTORAYLOR,NEY JR., 4(r Y Signed ( zz-t( SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday,April 12,200�. - Notary Public ` /JU !+(�'' . VICKI L.WASON l I MY COMMISSION EXPIRES Thank You For Your Payment '°' of AUGUST Za,EXPIRES 004 Remit To: Star-Telegram Customer ID: CIT57 P.O.Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH,TX 76101-2051 Invoice Number: 212723841 Invoice Amount: $38.07 PO Number: Amount Enclosed: 1 INVOICE Star-Telegram Customer ID: CIT57 400 W. 7th Street Invoice Number: 212275691 FORT WORTH,TX 76102 (817)390 7761 Invoice Date: 3/22/02 Federal Tax ID 22-3148254 Terms: Net due in 21 days Due Date: 3/31/02 Bill To: PO Number: CITY OF SOUTHLAKE 1400 MAIN ST Order Number: 21227569 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092-7604 Description: NOTICE OF PUBLI Publication Date: 3/22/02 � „_ It 4 ,.�1� a I I I ai1 : NOTICE OF PUBLIC HEARING Notic 13580 1 55 55 LINE $6.08 $334.40 NOTIC OF PUBLIC Sales Discount Notice Is herleNby given ($289.85) thetCity of itySouthlakef Texas, that a public hearing will be held on Ap-ir l 1, 2002, at 7:00 p.m. during the Regular �,Itv Council Net Amount: $44.55 Mee ,ttoo 6e held in Chamb. of TTown Hall, 1400 Main Street, Southlake, Texas. Purpose of the public hearing is to consider the second reading of the following ordi- nance: ORDINANCE NO. AN ORDINANCE VA- CATING AND ABANDONING A D �N n U RIGHT OF WAY IN IIIJ_PORTIONS OF THE THOMAS BEEDY SURVEY, AB- STRACT NO. 72 IN THE CITY OF • SOUTHLAKE, COUNTRY, — APR 12 THE STATE OF THATs u°cH PROP County of Tarrant VARY FORNUSE B THE PUBLIC; AU- THORIZING THE OFFICE OF CITY SECRETARY Before me,a Not. MAYOR TO ni _.ounty and State,this day •ersonally appeared Christy Holland, Bid and Lega •• • • • CUTE A QUITCLAIM for the Star-Telegi DEED RELEASING --Telegram, Inc.at Fort o th,in Tarrant County, Texas;and who,after being a my sworn, did depose and say PUBLIC OWNER- that the attached i SHIP INTEREST nt was published in the •• e n/' ed paper on the listed dates: BIDS&LEG• S DEPT. STAR TELEG M (817) -7182 SAID Q 39 AND CONTRIGHROT-OL OFF - WAY PROVIDING A // SE�IERABILI I� PROVIDING ANATY E F Signed f L_ ./ ,a / . FECTIVE DATE. City of Southlake SUBSCRIBED AN Kin? Bush CIE THIS Monday,April 01,2 2 ' // AI Acting City Secretary Notary Public A_ 'l j ?o//! ��, VICKI L.WASON t-, MY COMMISSION EXPIRES Thank You For Your Payment VI__'"lo°4' AUGUST 28,2004 Remit To: Star-Telegram Customer ID: CIT57 P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101-2051 Invoice Number: 212275691 Invoice Amount: $44.55 PO Number: Amount Enclosed: $ I