1098 Ordinance No. 1098
ORDINANCE NO. 1098
AN ORDINANCE VACATING AND ABANDONING A
PERMANENT EMERGENCY ACCESS EASEMENT
LOCATED ON THE THOMAS M. HOOD SURVEY,
ABSTRACT NO. 706 AND RECORDED AS INSTRUMENT
NO. D210295330 IN TARRANT COUNTY; DECLARING
THAT SUCH EASEMENT IS 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. D210295330, 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
A permanent emergency access easement located on the Thomas M. Hood
Survey, Abstract No. 706, in the City of Southlake, more specifically described in the
county records as Instrument No. D210295330. 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: Terra /Shady Oaks, L.P..
1
Ordinance No. 1098
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. 1098
PASSED AND APPROVED ON FIRST READING ON THIS 2„d DAY OF
SEPTEMBER, 2014.
i\ALE
MAYOR
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CITY SECRET • 1' Y : : 0
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PASSED AND APPROVED ON SECOND READING ON THIS 16th DAY OF
SEPTEMBER , 2014.
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MAYOR
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APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY r '
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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 emergency access
easement located on the Thomas M. Hood Survey, Abstract No. 706 and recorded as Instrument
No. D210295330, 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:
Terra/Shady Oaks, L.P. 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 16 foot wide Permanent Emergency Access Easement containing approximately 0.067
acres as more particularly described in Exhibit "A" and shown on Exhibit `B" attached
hereto and incorporated herein on the Thomas M. Hood Survey, Abstract No. 706.
Recorded as Instrument No. D210295330 in Tarrant County.
TO HAVE AND TO HOLD all of its right, title and interest in and to the above
described emergency access easement 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 emergency access easement premises or appurtenances or any part
thereof. �- A /
Executed this the / ' day of /v ■.1 Ltet to(' , 2014.
CITY OF SOUTHLAKE
By: A9 , �' 1=I
Mayor, John Terrell
ATTEST: NYC" LAICF
C;0,“ E) (
t
Lori Payne, City ecretary --, v %. •..
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 /t' day of
P ale ka, 2014.
LO PAYB
NOTARY RI PUB NE
40,
' co�raa�oN EawEa:
Notary Public in d for the State of Texas 0-27 -20
My Commission expires: 1O ? ')- D-0 i2
Return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092
, L
Exhibit A
LEGAL DESCRIPTION
(Emergency Access Easement No.2)
Whereas, TERRA/ SHADY OAKS, L.P., a Texas Limited Partnership, is the owner of a tract of land situated
in the Thomas M. Hood Survey Abstract No. 706, in the City of Southlake, Tarrant County, Texas, being part
of a 72.734.acre tract as described in County Clerks Fie No. D206217962 of the Deed Records of Tarrant County,
Texas, and being more particularly described as follows:
Commencing, at the southwest comer of Shady Oaks Phase IA, as described in Cabinet A, Slide 12952, of the
Plat Records of Tarrant County, Texas, being on a curve to the right, having a central angle of 13°48'26" and a
radius of 200.00';
Thence, with the south line of Shady Oaks Phase IA and curve to the right, for an arc length of 48.20 feet
(S81 °07'26 "E - 48.08), to the pant of tangency;
Thence, S74 °13'13"E, continuing with said south line, for a distance of 11.95 feet, to the beginning of a curve to
the left, having a central angle of 32°23'08" and a radius of 100.00';
Thence, continuing with said south line and curve to the left, for an arc length of 58.52 feet (N89°35'13 "E - 55.77),
to the point of tangency;
Thence, N73 °23'40 "E, continuing with the said south line, for a distance of 6221 feet, to the Point of Beginning;
Thence, N73°23'40 E, continuing wtih the said south one, for a distance of 0.68 feet, to an angle point and the
beginning of a non-tangent curve to the left, having a central angle of 4 °30'35" and a radius of 204.57';
Thence, continuing with said south line and curve to the left, for an arc length of 16.10 feet (875 °53'07"E - 16.10);
Thence, 800°24'15"W, departing the south line of Shady Oaks Phase IA, for a distance 01 140.09 feet, to the ! l
beginning of a curve to the right, having a central angle of 31°33'35" and a radius of 45.00';
Thence, with said curve to the right, for an arc length of 24.79 feet (S16 °11'03"W - 24.47), t0 the pant of tangency;
Thence, S31 °57'50"W, for a distance of 30.96 feet, to the proposed east line of Shady Oaks Phase 2A & 28;
Thence, N04 °37'16"W, with the proposed east line of Shady Oaks Phase 2A & 2B, for a distance of 28.69 feet,
to the beginning of a non - tangent curve to the left, having a central angle of 47°24'07" and a radius 0129.00;
Thence, departing said east line and with the curve to the left, for an arc length of 23.99 feet (N24°06'19"E - 23.31),
to the point of tangency;
Thence, N00°24'15 "E, for a distance Of 122.18 feet, to the beginning Of a curare to the left, having a central angle
of 01°33'48" and a radius of 788.98';
Thence, with said curve to the left, for an arc length of 21.53 feet (N00°2219"W - 21.53), to the Point Of Beginning,
containing 2,925.77 square feet or 0.067 acres of land, more or less.
Bearings are referenced to Shady Oaks Phase 1A.
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LINE EMI CU= TABLE
' LEN ' LENGTH DEINICSION CURVE LIIN0111 BABA ' BUM CHORD BEARING CRO 0
• Lt 11.96 13D'413 CI 48.80 200.00 13•48118" .981'0711011 40.08 j
▪ 12 8$.B1 1173•113'40"11 C2 58.12 100.00 3218308" 118r115137( 56.77
1.9 0.88 11735433'40$ CS 18.10 804.67 4•0 87R'65b7'8' 1810
1 1.4 140.09 800'24'15'1 C4 2.79 46. �5' 00 31' 2 816711'03"W 34.47
15 30.96 5815 50 C5 19.09 29.00 47•4'07" 1154•08U71 23.91
- 18 Bib 11 '37111 t NEM - `1 , .05 1 134'46' 1 1100'88'9r 7 121 s - -
L7 12,1L18 NO0 SHADY OAKS PHASE 2A & 2B
Emergency Access Easement No. 2
- Thomas M. Hood Survey No. 706
City of Southlake
Tarrant County, Texas
b2to2453so p.544