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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 ,`,,,, ,,, n,,,,,. ATTEST: 4 3'11HL4�f - ; '',, ' /8(/* s, r H ' CITY SECRETA .' ••.....• , ,,' * * ,' 1 * , • , , , ,, PASSED AND APPROVED ON SECOND READING ON THIS 7TH DAY OF OCTOBER , 2014. A.:�1 MAYOR .` ,+' ATTEST: .,0 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. , . z 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. • s et , 44 ; At A _ = me= V. Jo n 43150d46/ Lan Survey 4315 1 r ti� 1J. - 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 • EKli W B 2001 - 4e-024 -TA t t ALL BEARINGS ARE BASED ON THE t U.S. STATE PLANE COORDINATE SYSTEM OF 1983 'a tr TEXAS NORTH (ENTERAL ZONE 4202. o ALL DISTANCES ARE ORIO DISTANCES 'r ' 1 a 1 a ° STAr FA maim n (SOU WA r NQ 1709 1 m _ eau 1 0 1/2" Iron Rod 1 \1 Parcel 8 1 CyRVF DATA w To ..... ro.A . 9 7—.." V I k. I. — ' -,. 0 0 , Ln Lo 6w0' 18'dr nr 0'37'24' o H 1 -. R w T8d2:86 R 1842.86' ° o W. 1 2 I L t0.03' L .. 20.04 1 f LC n 10.03' LC o 20.04' .i 1 LCB o. S 85' 41' 59' E. LCB - 5. 88' 10' 0:" E. > LOT 2 it 4 R ta F N. °L r ° iici «' ev Z F ,, . ALL STATE OE TEXAS KNOW A NEN OY TNESE PR NTS. - Q „ , us nse. in i W it 11101 1, Jornes V. Jalrnon. Re9stered ti om :. I LOT 1 . -J LOT 4 LOT 3 COUNrr OF COLGNCSIORTN : Professional Land Siemer. do 11ereey e fAi 1 t • BLOCK 1 BLOCK 1 certify Mot 1 did men* le bo polyp ; BLOCK 8 m on Ms ground Ma trod of land shown on 1111, plot. Oral 10 thi but o 1 u X of my knewiedge end 0.11.1, the ,014 de,criplion fs Ow and cc-re0l. E S t n 0. Y ■l IN NITNESS THEREOF. my hand and seal, 11111 the e 2nd doy Of May , b C 1 i O PERRY Ay-EN AODITIOrr A.0.. 2001. . A T O r o w[ on Or Mann( I MMT C 0mr , rnus ,; j e ip 1 O J , 2\ • E } r e ° , I N . o ni . ca • 0 T.. :I • .NI 4DIfN5 e sew 5/8" Iron Rod I /2 Iron Rod Fnd. . � 4310 ., .' . Re 1st r ofessionot a - F ound s i•' n L /d3T5 q 1. 8 / 208.49' 4 serer. '' 41 � 1 C —t47?i = 760? a.r.e�.. w,.f r rc i A Plot of on und« ground uNhYy eosemorrt & o Nmporory 1 soar _ � , i construction eosemant out of 104 J.A. Freeman Sumps . AL 89' 55' 02" W S, 0' 05' 27 E. I T6 f- �^�++� Abstract No. 529. Torrent County. Tews R 10.05' 1 3000' i S a suet: r.roc 1 er MOMS warm N +eb were. we ne M. Xffi ►c In I% t: WAN AN pRrL[ CT. 1 1 • I►1/1 - Cr^ir 1 as • ;� ;,;„ :cam ...... I ! OM Engineering, I ' o n"� saS g • Gnuel e9 ErgNNtI & sereyors .raga. Ts MP • ■ 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 � ,'', .. . •. • . t k ' ) 1 • 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 1 I 1 1 1 c e. 10. MX VC 00 o i1 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 o . I I.. MN. It .n 1 LC9 • S. r 2B' 47' W. LC9 • N. 1' 28' 47" E. ® 1 O 1' o 1 ' 0 '� 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 nl. n j i, S r n f ! n ;I r ,(`ct ;ar X a 1 I e 5/8' Mon Rod Found i 1 vi j d11Q Y AtMi�l �, Y * .i N O 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 • oa..tcl o 1 e el: &IbQ/01 • s . a r. �; • • . ;;-*t l' - � 4 ' " ® OJD Engineering, Inc. ~ SU • w domain not Nimes r iur.�elors 111.01.1m. IS MOPS e a