Loading...
1105 Ordinance No. 1105 ORDINANCE NO. 1105 AN ORDINANCE VACATING AND ABANDONING A PERMANENT UTILITY EASEMENT LOCATED ON A TRACT OF LAND DEEDED TO GARRY, SHARON AND DAVID TENNYSON AS RECORDED IN VOLUME 11077, PAGE 262 OF THE DEED RECORDS OF TARRANT COUNTY AND RECORDED AS INSTRUMENT NO. D193104787 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. D193104787, 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 utility easement located on a tract of land deeded to Garry, Sharon and David Tennyson as recorded in Volume 11077, Page 262 of the deed records of Tarrant County, in the City of Keller, more specifically described in the county records as Instrument No. D193104787. 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 1 Ordinance No. 1105 to execute quitclaim deed for the above mentioned property in Section 1 to the following entity: Terra Creekview LLC. 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. PASSED AND APPROVED ON FIRST READING ON THIS 4TH DAY OF NOVEMBER, 2014. , I & 0 JOHN C. TERREL YOR ATTEST: t ttt ttt """tt $•Sn%‘\)1.1.1.14!.f: ttttt t P %e t; 1 LORI PAYNE, C Y SE R • a TOR a ,, ,'����� W e � � * 2 Ordinance No. 1105 PASSED AND APPROVED ON SECOND READING ON THIS 18TH DAY OF NOVEMBER , 2014. JOHN C. TERRELL, AYOR ATTEST: tt`" " ,,, U j aa- Pall--ez.).. LORI PAYNE, C Y S IT r• cam? * ** EFFECTIVE: / OV446..e,' /d 02014 APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY 3 It' NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. 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 granted to the City by Garry, Sharon and David Tennyson, filed with the County Clerk of Tarrant County, Texas as Document No. D193104787, and recorded in volume 11077, page 262, of the deed records of Tarrant County, Texas, is not being used by, nor useful or convenient to the public in general, and therefore constitutes a public charge without a corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. Therefore, 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, Grantor, does hereby assign and convey and forever quitclaim unto the current owner of the fee estate on which such easement is located, specifically, Terra Creekview LLC, Grantee, and its successors or assigns, all of the City's right title, and interest, if any, in and to the real property described in the attached Exhibit A and shown on the attached Exhibit B. In accordance with governing law, the undersigned has been authorized to execute this co veyance by Ordinance No. 1105, passed by the City Council of the City of Southlake on vein b. 7 r 20/4 , a copy of which ordinance is attached hereto as Exhibit C and incorporated herein fiy reference. This deed shall convey any right, title and interest, if any, owned by Grantor in and to the above described property unto the said Grantee, so that Grantee, and its heirs and assigns, shall have and hold such property conveyed, if any, forever, and so that neither Grantor nor Grantor's successors or assigns shall have, claim or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. Executed this the /Y day of VP41 j.Fr , 2014. CITY OF SOUTHLAKE Grantor_ By: / 4ip The Honorable John Terrell,' ' ayor ATTEST: Th Lori Payne, City - cretary v% . '•., '••.s..... ,.. '•'�ruu n *,,`,��� 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 (f /€,ywL?•d✓ , 2014. f LORI PAYNE Notary Public in aijd for the State of Texas NOTARY PUBLIC oo�worcows: 10-27-201 My Commission expires: to _). 2-011 After filing please return to: City Secretary City of Southlake 1400 Main Street Southlake, Texas 76092 • • .. • . . • . . . • r . • ,. .•-• .. ... • . .. bionot # .../ . . ' . - . . . . .. . . . .....: • _ a perma afi+ easement desctsbetl as: foittsws • a n of a-tiact. ol of;•land d Si David yso as see otded�in Vu me" 72 5, PaS 1.1 of deed records- of and Tarrant Co n#ty, Texas. • • ' N 89 °5 '(0 " :E. for a tlisl cs. of.15. 0 ft. ,; .• .. t tCfitl t11e•rigitE iraving'a raciius•of !• 789 ft. far a:distanoe of '' , 1 08 .95-f1: , •• id curve.: being; concentric the.oenterlute o f . :F . M . 1938 . 110 l oe;.. " ;.S1011 " E -for a dist of •342.70. X point.... "h $; 17S05 :for a cif Stl<J:43 ft ..ta a point l tag in fhe south lsbe of • said T1 Tract. • x '' - : .i.•84°w2'1*V .fnr -a:irtsic;•of I8f17 ft.:t° a ptnnt:. t Thence a Nl•33'° i�.3 "` -: V •fora distance of 487.07 fi. to a paint. . 'hence N ;-1..'...401.i,? f isp rtc e of 320.50 :ft. Id a po in th w line of s aid 1 t act. , Teems N : 13° 7 3'` fis,.a.- distance of 21,69 ft..to`a pacnc.' . T hence ' N 2 O ft ;j:dt tau [s. .,• .....7... 9fl Ilse p(! � ft, to OF Also 'mc luded:is:a c!e •ea it as c ivn car Exhibit t Ill- ". 119 n ti 1 - 1 +i r , - • • • E .HI BIT "B" D4 S . • v,1R • NX3.0t' �' -�- . • sc,ai , fi g e ' se 2039..78 49 0 E R = p T- . ry • a 4i, ( - 1 , .. • g .:- '' : i .'- i ...'..- e . • • . . • . . • . . . ....• ... • T:�-192 i,..., . , . :-..................„---...„.: TR# 1 e • . . e we •� 4.4 - Gam,., t.14Af .:*0 DAVID TENNYSON • 1 m r' . { .. I • { 1 1 . : • Iris ;1° i 70 a �; �, end :L3vaz 1207` . are: n3 ets t. K.:........ • s +'� exert es : • ' --.' r "' .eC 33,,,,1023: .. 8]7f6 3 ;: .. ' '� , r Ordinance No. 1105 ORDINANCE NO. 1105 AN ORDINANCE VACATING AND ABANDONING A PERMANENT UTILITY EASEMENT LOCATED ON A TRACT OF LAND DEEDED TO GARRY, SHARON AND DAVID TENNYSON AS RECORDED IN VOLUME 11077, PAGE 262 OF THE DEED RECORDS OF TARRANT COUNTY AND RECORDED AS INSTRUMENT NO. D193104787 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. D193104787, 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 utility easement located on a tract of land deeded to Garry, Sharon and David Tennyson as recorded in Volume 11077, Page 262 of the deed records of Tarrant County, in the City of Keller, more specifically described in the county records as Instrument No. D 193104787. 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 1 Ordinance No. 1105 to execute quitclaim deed for the above mentioned property in Section 1 to the following entity: Terra Creekview LLC. 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. PASSED AND APPROVED ON FIRST READING ON THIS 4TH DAY OF NOVEMBER, 2014. JOHN C. TERREL YOR ATTEST: %% % %% , ,,,,,,,,,. . LORI PAYNE, C Y SE O - v N.. / ,,, � ,• e eeje ee e e * e .,e``® 2 Ordinance No. 1105 PASSED AND APPROVED ON SECOND READING ON THIS 18TH DAY OF NOVEMBER , 2014. C ______ JOHN C. TER.RELL, YOR ATTEST: ttt,ttt,,,,,,,,,, .`,s,‘,Sp? °'14.9/1- : '•. m • ''r B S I LORI PAYNE, C i Y ST81T ' o : �; EFFECTIVE: NDV4t ,,ri /t ao/z/ APPROVED AS TO FORM AND LEGALITY: J I . . . CITY ATTORNEY 3 MARY LOUISE GARCIA *`,,. •.• r COUNTY CLERK _ }�� ` • • :' * �' 100 West Weatherford Fort Worth, TX 76196 -0401 * "'•' PHONE (817) 884 -1195 CITY OF SOUTHLAKE 1400 MAIN ST STE 270 SOUTHLAKE, TX 76092 Submitter: CITY OF SOUTHLAKE DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 12/5/2014 10:32 AM Instrument #: D214263641 WD 8 PGS $40.00 By: D214263641 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.