0835ORDINANCE NO. 835
OFF'ICl/IL RECORD
AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY
IN PORTIONS OF THE T. MARTIN SURVEY, ABSTRACT NO. 1134 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 claimed by prescriptive fights by the
City of Southlake in the T. Martin Survey, Abstract No. 1134 to the City of Southlake, Tarrant
County, Texas; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideralion, has determined that the right-of-way located in portions of the T. Martin Survey,
Abstract No. 1134 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 T. Martin Survey, Abstract No. 1134 to the City of
Southlake, Tarrant County, Texas, more specifically described in Exhibits "A", "B", and "D"
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 fight-
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 fidl force and effect from and after the receipt of a special
waganty deed from Weste~a Southlake, L.P. for certain prope~y in accord~ce with the
Agreement between the City and Weste~a for the exchange of ce~ain real prope~y, as approved
on July 15, 2003.
PASSED AND APPROVED ON FIRST ~ADING ON THIS 17t~ DAY OF JUNE 2003.
ATTEST: ~' ~.. ..........
CITY SEC~TARY %,,,,, ""'""r, .,,"
PASSED AND APPROVED ON SECO~'R~DING ON THIS 15th DAY OF JULY 2003.
TO '""'""
CITY ATTORNEY
Date Signed: ~_ a-~-~- -
Date Approved:
Date Effective:
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EXHIBIT A
LEGAL DESCRIPTION
OF
0.221 ACRES OF LAND
BEING a tract of land situated in the T. Martin Survey, Abstract Number 1134, Tarrant
County, Texas, and being a portion of that tract of land described by deed to Westerra
Southlake, L.P., recorded in Volume 12615, Page 339, Deed Records of Tarrant County,
Texas, and being more particularly described by metes and bounds as follows;
COMMENCING at a PK Nail found at the northeasterly corner of said Westerra tract, in
the approximate centeriine of existing Pleasant Run - White Chapel Road (County Road
No. 3016);
THENCE with the northerly line of said Westerra tract, S89°57'48'~N, 25.00 feet, to a 5/8
inch iron rod with plastic cap stamped "Carter & Burgess", set for the POINT OF
BEGINNING at northerly line of said Westerra tract and the westerly right,of-way line of
said Pleasant Run -White Chapel Road;
THENCE S00°54'45"W, 25.00 feet with the westerly right-of-way line of said Pleasant
Run - W~ite Chapel Road, to a 5/8 inch iron rod with plastic cap stamped "Car[er &
Burgess", set;
THENCE S89°57'48"W, 442.49 feet to a 5/8 inch iron rod with plastic cap stamped
"Carter & Burgess", set at the beginning of a non-tangent curve to the left;
THENCE with said non-tangent curve to the left, an arc distance of 96.32 feet, through a
central angle of 04°14'19", a radius of 1302.00 feet, the long chord of which bears
N77°10'59"E, 96.30 feet;
TH ENCE N73°42'52"E, 13.15 feet;
THENCE N89°57'48"E, 336.37 feet to the POINT OF BEGINNING, and containing 0,221
acres of land, more or less.
C&B Job No. 010676.020,1,0001
S#FW 12W
J:\job\01067601\sur\wp\leg\67602BN5.1eg. DOC
Tracking No. N/A
August 15, 2002
Page 1 of 2
N
-i I 0 0 2 0 0
300
FEET I
SE?
336. 37'
442, 49'
TODD ~, BRIDGES
~EG~STERED PROFESSIONAL LAND SURVEYOR
An Exhibit showin,q 0.221 Acres of
JOB # 010676.0201.0047 I DATE: 08-12-20021DP, AWN: tab
5HT. NO.
2of 2
CHECKED:
EXHIBIT B
LEGAL DESCRIPTION
OF
0,1:23 ACRES OF LAND
BEING a tract of land situated in the T. Martin Survey, Abstract Number 1134, Tarrant
County, Texas, and being a portion of that tract of land described by deed to City of
Southlake, and recorded in Volume 7354, Page 934, Deed Records of Tarrant County,
Texas, and being more particularly described by metes and bounds as follows;
COMMENCING at a PK Nail found at the northeasterly corner of a lract of land
described by deed to Westerra Southlake, L.P. and recorded in Volume 12615, Page
339, Deed Records of Tarrant County, Texas, also being in the approximate centerline
of existing Pleasant Run - White Chapel Road (County Road No. 3016);
THENCE with the northerly line of said Westerra Southlake tract, S89°57'48"W, 25.00
feet, to a 5/8 inch iron rod with plastic cap stamped "Carter & Burgess", set for the
POINT OF BEGINNING at northerly line of said Westerra Southlake tract &nd the
westerly rfght-of-way line of said Pleasant Run - White Chapel Road;
THENCE continuing with the northerly line of said Westerra Southlake tract,
S89°57'48"W, 213,77 feet, to a 5/8 inch iron rod with plastic cap stamped "Carter &
Burgess", set;
THENCE N00°21'35"W, 25,00 feet to a 5/8 inch iron rod with plastic cap stamped
"Carter & Burgess", set;
THENCE N89°57'48"E, 214.33 feet to a 5/8 inch iron rod with plastic cap stamped
"Carter & Burgess", set in the westedy right-of-way line of said Pleasant Run - White
Chapel Road;
THENCE S00°54'45"W, 25.00 feet with the westerly right-of-way line of said Pleasant
Run -White Chapel Road, to the POINT OF BEGINNING, and containing 0.123 acres
of land, more or less.
C&B Job No. 010676.020.1.0001
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J:\job\01067601\sur\wp\leg\67602BN4.DOCPage 1 of 2
Tracking No. N/A
May 08,2002
N
0 100 200
GRAPHIC SCALE iN FEET
3 00
54' 45"W
25. 00'
~&B, Um~SS,,SC: ],o,, ,,om.,, ?,,o, An Exhibit showin,q 0.123 Acres of Land SHT. NO.2 of
LAND DESCRIPTION
BEING a tract of land situated in the R. D Price Survey, Absaact No. 1207, Tarant County, Texas, and being a
portion of a tract of land as described in Special Warranty Deed to 300 Convent Street Coq~. as recorded in Volume
12782, Page 110 of[he Deed Records ofTarrant Counw, and being more particularly described a~ follows:
COMMENCING at a Texas Deparanent of Transportation concret~ monument found at the most southeasarly
comer of a comer clip at the intersection of the northerly right-of-way line of Dove Road with the easterly right-of.
way line of Sate Highway 114 (variable width right-of-way)
THENCE, South 89 degrees 32 minutes 23 seconds East, a distance of 1,472.14 feet to a one-haft inch iron md
found with "HuiR-Zdilars" cap;
THENCE, South 89 degrees 08 minutes 45 seconds East a distance of 187,65 feet to a five-eighths inch iron md
found with "Ca.er & Burgess" cap;
THENCE, South 00 degrees 10 minutes 50 seconds West a distance of 25.00 f~et to a PK nail found m the centerline
of Dove Road;
THENCE, South 89 degrees 0g minutes 45 seconds East along the centeriine of Dove Road a distance of 140.37 feet
to a PK nail found at the POINT OF BEGINNING and being the beginning of a curve to the iel~ having a radius of
1,292.00 feet;
THENCE, in a easterly direction along said curve to the left with a central angle of 00 degrees 41 minutes 42
seconds, a radius of 1,292.00 feet, an arc distance of 15.67 feet a long chord that bears North 75 degrees 51 minutes
06 seconds East, a distance of 15.67 feet to a PK nail found;
THENCE, North 74 degrees 15 mantes 17 seconds East, a distance of 141.29 feet to ~ 5/8 inch iron md found with
"Huitr-Zollars" cap on an easterly line of said 300 Convent S':reet Corp. tract, also being on the west line ora tract of
land as described in [nstrument to the City of Southlake as recorded in Volume 7354, Page 934, Deed Records
Tarrant County, Texas;
THENCE, South 00 degrees 10 minutes 50 seconds West, along west line of said City of Southlake tract, a distanc~
of 44.42 feet to a PK nail set with shiner on the centerlthe of Dove Road;
THENCE. North 89 degrees 08 minutes 45 seconds West, along said centeriine of Dove Road, a distance of I51.06
feet to the POINT OF BEGINNING and CONTAINING 0.0763 acres of land, more or less.
D. Re& Winchester
Registered Professional Land Sumeyor
Texa~ Registration No. 5191
Huii~-Zollara, hoe.
3131 MeKbmey Avenue
Dallas, Texas 75204
Date: December 2, 1998
Page 1 of 2
QVOI::t 79dVH~) 3J. IHM
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 228589931
FORT WORTH,TX 76102
(817)390 7761 Invoice Date: 6/15/03
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 6/30/03
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 22858993
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 6/15/03
Description Location Col Depth Linage MU Rate Amount
CITY OF SOUTHLAKE No _ CITY OF A QUITCLAIM 55 55 LINE $7.14 $392.95
OUTHLAKE DEED' RELEASING
Notice is hereby given PUBLIC' OWNER-
by_.the City Council of SHIP INTEREST
Sales Discount the City of Southlake, AND CONTROL OF ($319.25)
Texas, that a public SAID RIGHT OF
honB .q Jufy 1irin11 be 2003. at S EYV E R A BI I L T Y
6:00 p.m. or immedi- CLAUSE; AND
atelyy following the PROVIDING AN EF
Work-Session,during "FECTIVE DATE.
the Regular City City of Southlake Council Nreeting to be Lon Farwell- i Net Amount: $73•70
held in the City city Secretary
bers of -
Towncil Hallll, 1400 Main
Street, Southlake,
Texas.Purpose of the
public hearing is to
consider the second
reading of the fol-
lowing ordinance:
ORDINANCE NO.
5
AN ORDINANCE VA-
CATING
ABANDONING ANDA
PORT ONS OF THE
T.MARTIN SURVEY,.
ABSTRACT NO.
1134, IN THE CITY
OF
TTARRANT COUNTY,
THATTEXASSUCH PROP
• ERTY IS UNNECES-�
THE STATE OF TEXAS TMEY FOR USE AU
County of Tarrant THORIZING• THE'
MAYOR TO .EXE-
Before me,a Notary Public in and for said County and State,this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
for the Star-Telegram, published by the Star-Telegram, Inc.at Fort Worth,in Tarrant County,Texas;and who, after being duly sworn, did depose and say
that the attached clipping of an advertisement was published in the above named paper/internet on the listed dates: BIDS 8i LEGALS DEPT. STAR
TELEGRAM
(817) 390-7182.
Signed �$)1 �� �� . ,
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Tuesday,June 17 e , / 7
Notary Public L, �`,,'
•
Thank You For Your Payment" , CNRI3TY L.HOLLAND
) .t MCOMM Y COIS x2IRcc
•.arf1*4, JULY 31,2004
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 228589931
Invoice Amount: $73.70
PO Number:
Amount Enclosed: 1$
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 229747721
FORT WORTH,TX 76102
(817)390-7761 Invoice Date: 7/18/03
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 7/31/03
Bill To: PO Number:
CITY OF SOUTHLAKE
1400 MAIN ST Order Number: 22974772
STE 440 Sales Rep: 073
SOUTHLAKE, TX 76092-7604 Description: CITY OF SOUTHLA
Publication Date: 7/18/03
i i. ' &' s „<, 1r ,;.,, _ '''
CITY OF SOUTHLAKE ORDINANr�*-- ^) I 43 43 LINE $6.63 $285.09
CCITY OF
SOUTHLAKE
Sales Discount ORDIN836
E NO.
AN ORDINANCE VA- ($250.26)
GATING AND
ABANDONING A
RIGHT OF WAY IN
PORTIONS OF THE
T.MARTIN SURVEY
' INBSTHE ABSTRACT 1 OF Net Amount: $34.83
SOUTHLAKE,
ANTHLA COUNTRY.
TEXAS DECLARING
THAT TEXAS, PROP- ("
ERTY IS RUSEY ,®
UNNECES-
SARY FOR USE BY [(��ol
THE PUBLIC, AU- fg
THORIZING THE
MAYOR
A QUITC TO LAIM
DEED DEED RELEASING
PUBLIC OWNER-
SHIP INTEREST _ f'
AND CONTROL OF c� L�U�
SAID RIGHT-OF-
WAY PROVIDING A
SEVIERABILATa
CLAUSE OFFICE pF
PROVIDING EF-
FECTIVEPASSED AND AP- Cln'SECRETARy
PROVED THIS THE
15th DAY OF JULY
2003 DURING THE
THE STATE OF TEXAS COUNCILRMEETING
County of Tarrant MAY
Wambsganss
ATTEST:
Lori Farwell,
Before me,a Notary Public in and ft city Secretary this day personally appeared KAREN WILLIAMS, Bid and Legal Coordinator
for the Star-Telegram, published by trft5T r-I elegrarriT'fffs:"at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn, did depose and say
that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS 8z LEGALS DEPT. STAR TELEGRAM
(817) 390-7182.
Signed -'7. (.1..—.)I I (�)
SUBSCRIBED AND SWORN TO BEFORE ME, THIS Friday,Ju 2512 3.'
(/')
Notary Pub c �— 6-./
I %�"" CHRISTY L.HOLLAND
'+ �" MY COMMISSION EXPIRES
Thank You For Your Payment 1 JULY 31,2004
''':^?;art+,,,'
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 229747721
Invoice Amount: $34.83
PO Number:
Amount Enclosed: $