1102 Ordinance No. 1102
ORDINANCE NO. 1102
AN ORDINANCE VACATING AND ABANDONING TWO
PERMANENT UTILITY EASEMENTS LOCATED ON THE
J.A. FREEMAN SURVEY, ABSTRACT NO. 529 AND
RECORDED AS INSTRUMENT NO. D202209405 AND
D202216229 IN TARRANT COUNTY; DECLARING THAT
SUCH EASEMENTS ARE UNNECESSARY FOR USE BY
THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE
QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF
THIS EASEMENT; PROVIDING A SEVERABILTY
CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ( "the City ") is a home rule city acting under its
power 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 these easements, located in the City of Southlake,
recorded as Instrument No. D202209405 and D202216229, are not being used by, nor
useful or convenient to the public in general; therefore, it would be better served and
benefited by its vacation and abandonment; and
WHEREAS, in order to remove any question as to the continued interest in the
easements, the City desires to execute quitclaim deeds releasing all title and control in
said easements to the owners of the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
Permanent utility easements located on the J.A. Freeman Survey, Abstract No.
529, in the City of Southlake, more specifically described in the county records as
Instrument No. D202209405 and D202216229. The easement records attached hereto and
incorporated herein for all purposes, are not being used by, nor useful or convenient to
the public in general and the public would be better served and benefited by their
vacation and abandoned as public easements.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute quitclaim deed for the above mentioned property in Section 1 to the following
entity: SPC KIMBALL OAKS, LTD.
1
Ordinance No. 1102
SECTION 3
Copies 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 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 unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5
This Ordinance shall be in full force and effect from and its passage, and it so
ordained.
2
Ordinance No. 1102
PASSED AND APPROVED ON FIRST READING ON THIS 16TH DAY OF
SEPTEMBER, 2014.
.4 AA.—
MAYOR
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ATTEST: 4 3'11HL4�f - ; '',, '
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CITY SECRETA .'
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PASSED AND APPROVED ON SECOND READING ON THIS 7TH DAY OF
OCTOBER , 2014.
A.:�1
MAYOR
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ATTEST:
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CITY SECRETARY •
EFFECTIVE: ! Q— O 7 a 1 ' 1
APPROVED AS TO FORM AND LEGALITY:
(" az
CITY ATTORNEY r
3
QUITCLAIM DEED
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after
careful study and consideration, has determined that an existing permanent utility easement
located on the J.A. Freeman Survey, Abstract No. 529 and recorded as Instrument No.
D202209405, hereinafter 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 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 does hereby
bargain, sell, release, vacate, abandon and forever quitclaim unto: SPC Kimball Oaks, Ltd. and
any and all of its heirs, legal representatives of assigns, all of its right, title, and interest in and to
the following described real property situated in Tarrant County, Texas, to wit:
A 10 foot wide Permanent Utility Easement containing approximately 0.118 acres as
more particularly described in Exhibit "A" and shown on Exhibit `B" attached hereto and
incorporated herein on the J.A. Freeman Survey, Abstract No. 529. Recorded as
Instrument No. D202209405 in Tarrant County.
TO HAVE AND TO HOLD all of its right, title and interest in and to the above
described utility easements unto the said Grantee, its heirs and assigns forever, so that neither
Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or
title to the aforesaid utility easement premises o appurtenances or any part thereof
Executed this they day of A , b v r ', 2014.
CITY OF SOUTHLAKE
I / f f
By: 4AN tea
N .... _ _
Mayor, John Terrell
ATTEST: (�vTH . 1.
i A 2, a
Lori Payne, City VcretavO .. • F.
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STATE OF TEXAS " * * ,,,,
,,,,
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared John Terrell,
Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ? day of
AI Ii/ft j2Q!'2014.
A U- r'1 raz. LORI NOTARY P AYNE PU BLIC
Notary Public in ai for the State of Texas 1 0-27 -2017
My Commission expires: I U - .1'' ( 7
Return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092
. ' I
EXHf81T A
2001 -
1
Underground Utility Easement No. 9UE
t FIELD NOTES for an underground utility easement out of the
J.A. Freeman Survey, Abstract No. 929, Tarrant county,
Texas, and being a part of that same tract of land conveyed
5 to Dan Matise as recorded in Volume 7509, Page 419, Deed
Records of Tarrant County, Texas, and more particularly
() described as follows:
:l
() BEGINNING at a 1/2" iron found in the east line of said
5 Matise tract and in the proposed south right -of -way line of
F.M. Highway No. 1709 which bears S. 0° 00' 38" W. a
() distance of 2.01 feet from a 1/2" iron rod found in the
() existing south right -of -way line of said F.M. Highway No.
s} 1709 and at the northeast corner of said Matise tract for
the northeast corner of said easement.
THENCE S. 0 00' 38" W. along said west line, a distance of
483,70, feat to a 5 /8" iron rod found for an angle corner of
said easement.
THENCE S. 0 05' 27" E. a distance of 30.00 feet to the
southeast corner of said easement.
THENCE N. 89° 55' 02" W. a distance of 10.05 feet to the
southwest corner of said easement.
THENCE N. 0° 00' 48" E. a distance of 514.44 feet to the
north line of said proposed right -of -way and in a curve for
the northwest corner of said easement.
THENCE along said proposed right -of -way line and said curve
w a radius equal to 1842.86 feet, a long chord bearing of
S. 85° 41' 52" E. and a long chord distance of 10.03 feet, a
curve distance of 10.03 feet to the place of BEGINNING and
containing 5,141.57 square feet (0.118 acres) of land.
STATE OF TEXAS : KNOW ALL MEN BY THESE PRESENTS,
that I, James V. Johnson,
COUNTY OF COLLINGSWORTH : Registered Professional Land
Surveyor, do hereby certify that
1 did cause to be surveyed on the ground the above described
tract of land, and to the best of my knowledge and belief,
the said description is true and correct.
Its WITNESS THEREOF, my hand and seal, this the 2nd day of
May, A.D. 2001.
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OJD ENG • BRING, INC. * WELLINGTON, TEXAS • (806) 447 -2503
*ACS /TRC* TARRANT Doc: 000709405 Dates 07/31/2002 Vol: 0015855 Page: 00105 Page: 4 Of 6
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QUITCLAIM DEED
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after
careful study and consideration, has determined that an existing permanent utility easement
located on the J.A. Freeman Survey, Abstract No. 529 and recorded as Instrument No.
D202216229, hereinafter 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 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 does hereby
bargain, sell, release, vacate, abandon and forever quitclaim unto: SPC Kimball Oaks, Ltd. and
any and all of its heirs, legal representatives of assigns, all of its right, title, and interest in and to
the following described real property situated in Tarrant County, Texas, to wit:
A 10 foot wide Permanent Utility Easement containing approximately 0.046 acres as
more particularly described in Exhibit "A" and shown on Exhibit `B" attached hereto and
incorporated herein on the J.A. Freeman Survey, Abstract No. 529. Recorded as
Instrument No. D202216229 in Tarrant County.
TO HAVE AND TO HOLD all of its right, title and interest in and to the above
described utility easements unto the said Grantee, its heirs and assigns forever, so that neither
Grantor nor its heirs, legal representatives of assigns shall have, claim of demand any right or
title to the aforesaid utility easement premises or appurtenances or any part thereof.
Executed this the L jH - day of AID uo,,,,be r
CITY OF SOUTHLAKE
BY:
Piro
Mayor, John errell
,,,,,,,,,, hu1.,,
ATTEST: . q k � ,'', ..
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k
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Lori Payne, Ci SecretarA =.• ./
y y
,1 1 1 , ,,,, I * * * `,,,,,
STATE OF TEXAS ;
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared John Terrell,
Mayor of the City of Southlake, known to me to be the person whose name is subscribed to the
foregoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this 1 4 % Mday of
IVO -be r2014.
n , �' 1 � C — * NOTARY RI PYNE PUBLIC �d COISSION Es:
rY , Nota Public in for the State of Tex.. o b COMMISSION
N
My Commission expires: lb' - a) ' H
Return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092
200 - S-019-TA
MINIMA
Underground Utility Easement No. SUE
l` FIELD NOTES for an underground utility easement out of the
J.A. Freeman survey, Abstract No. 529, Tarrant County,
Texas, and being a part of that tract of land described in
:t Volume 2989, Page 285, Deed Records of Tarrant County,
Texas.
0 BEGINNING in the west line of said tract which bears
8. 0. 05' 27" E. a distance of 20.00 feet from a 5/8" iron
+7 rod found at the northwest corner of said tract for the
4E7 northwest corner of said easement.
THENCE S. 89. 5S' 02" E, a distance of 201.21 feet to the
0 proposed west right -of -way line of S. Kimball Road for the
+4 northeast corner of said easement.
THENCE S. 3. 33' 24" W., along said right -of -way, a distance
of 10.02 feet to the southeast corner of said easement.
THENCE N. 89 55' 02" W. a distance of 200.57 feet to said
west line of said tract for the southwest corner of said
easement.
THENCE N. 0. 05' 27" W. along said west line, a distance of
10.00 feet to the place of BEGINNING and containing
2,008.904 square feet (0.046 acres) of land.
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS,
that I, James V. Johnson,
COUNTY OF COLLINGSWORTH : Registered Professional Land
Surveyor, do hereby certify that
I did cause to be surveyed on the ground the above described
tract of land, and to the best of my knowledge and belief,
the said description is true and correct.
IN WITNESS THEREOF, my hand and seal, this the 2nd day of
May, A.D..
am V. o n
' Reg to ofessional
Lan Su r 64315
OJD ENG '..r_ NG, INC. * fgELLI1mQTON, TEXAS • (806) 447 -2503
•ACS /TRC• TARRANT Doc: 000216229 Dates 08/06/2002 Vol: 0015871 Paga, 00179 Page, 4 Of 6
EXHIBIT B
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ALL BEARINGS ARE BASED ON THE '"
b U.S. STATE PLANE COORDINATE SYSTEM OF 79E
S 8 S5 02 "!~ TEXAS NORTH CENTERAL ZONE 4202. e
1 5 59 7'' .
o
1/2' Iron Rod Found B S. 89' 33' 02" `
ALL DISTANCES ARE CRS DISTANCES. a
N 0' 05' 27" W. AA-. 8 20121'
a
7000' .��� CURVE DATA o
L - ' . 00 s b O
*kw S. 3' 33 24' W.
t- S f0.02' ii 4' 09' 15" Q • 4' 09' 15' 2 la R — I190.42 R . 122142 W
N. 89" 53 Or w, t +
L -86.31 L • no 200.1 t' j LC . 86.29' LC . 66.85 ei
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. I I.. MN. It .n 1 LC9 • S. r 2B' 47' W. LC9 • N. 1' 28' 47" E.
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'� I S7A1E O1 7EKAS KNOW ALL MEN BY THESE PRESENTS. o 0
I N
Tr fhol t ,comas V. doMaam, Rpklarad
I n h C OUNTY OF COLlpII:SMGR7Fl ProNis7onol Lond Sumba.
d o berates .
n r. f + eV Q 1 a rtily fh 1 did ewer to ba t une •
g V l �
I I an fee ground the frocl of land sho.A on this OA , and to IM beef r o
( V 1 + of my Mno.ladpa and swig 1M sad deserpfio* is 1011 and *WWI. 3 : Z Li 1 N 1M7AIES$ MOW; bond and soot, ION Om lib doy of tray, u
Nil t 1 . 1 A.D.. 2001. li
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193.91 L 1 `fi �41gi y 4Dt ° o r 111.01
N. 89 55' 02 " a
35.00' 1 l/2" Iron Rod Found
i C A plat of on underground utility easement * o temporary
• +/2 Iron R Fbd I ooestrucNaa awarna1t owl of fM etA. Awoken Swum
s . § i Abstract No. 524. lesson( counts lama at
.a. 1I717. •C la 1 s It 1'.7b N1a0Ka lit MOM WWI
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domain not Nimes r iur.�elors 111.01.1m. IS MOPS e
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