1116Ordinance No. 1116
ORDINANCE NO. 1116
AN ORDINANCE VACATING AND ABANDONING A PERMANENT
UTILITY EASEMENT PREVIOUSLY GRANTED TO THE CITY BY
PLAT AND DESCRIBED AS LOT 1, BLOCK 1, HARRELL PLACE,
RECORDED IN CABINET A, SLIDE 5839, OF THE MAP AND/OR
PLAT RECORDS OF TARRANT COUNTY AND DEEDED TO JAKE
SQUYRES AND DARIA SQUYRES; DECLARING THAT SUCH
EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED
RELEASING AND ASSIGNING THIS EASEMENT TO THE
OWNERS OF THE FEE ESTATE; 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 X1, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, on or about June 18, 1998, DDFW Triangle properties granted a
permanent utility easement ("the easement') to the City, which easement is filed of record
as plat and recorded in Cabinet A, Slide 5839, of the plat Records of Tarrant County,
Texas; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the easement is not being used by, nor useful or
convenient to the public in general, and that the public 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 easement, the City desires to execute a quitclaim deed releasing and assigning all
title and control in said easement to the owners of the fee estate on which the easement is
located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The City Council finds that the permanent utility easement granted to the City on or
about June 18, 1998 by DDFW Triangle properties, which easement is filed of record as
plat and recorded in Cabinet A, Slide 5839, of the plat Records of Tarrant County, Texas,
and which is attached hereto as Exhibit A, is not being used by, nor useful or convenient to
the public in general and that the public would be better served and benefited by the
vacation and abandon of the easement.
Ordinance No. 1116
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute a quitclaim deed to the above-described easement to the current owner of the
fee estate on which the easement is located, specifically, Jake Squyres and Daria
Squyres.
SECTION 3
After the quitclaim deed is executed, the City Secretary is authorized and instructed
to file it in the deed records of Tarrant County, Texas.
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 21ST DAY OF
APRIL 2015.
THE W&RIBLE LAURA HILL, MAYOR
ATTEST: ,,
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Ordinance No. 1116
PASSED AND APPROVED ON SECOND READING ON THIS 5TH DAY OF
MAY 2015.
THE HON RA LE LAURA HILL, MAYOR
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CITY SECRETAty•• •'
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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:
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 DDFW Triangle property, filed with the County Clerk of Tarrant County,
as plat and recorded in Cabinet A, Slide 5839, of the plat records of Tarrant County, Texas is not
being used by, nor useful or convenient to the public in general; and it 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, Jake Squyres and Daria
Squyres, 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
conveyance by Ordinance No. 1116, passed by the City Council of the City of Southlake on
/� 20 !S' , a copy of which ordinance is attached hereto as Exhibit C and
incorporated herein by 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 50Tµ day of :�i.t e, , 2015.
CITY OF SOU HLAKE, Grantor
By:
The nor le Laura Hill, Mayor
ATTEST:�,,•",%.- -fHL,q,,�"''%
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Lori Payne, Ci
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared Laura Hill,
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 30 -1K day of
2015.
nl�EORIPAYNE
NOTARY PUBLIC
COIMSWM FAMES:
10-27-2017
After filing please return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092
Notary Public in d for the State of Texas
My Commission expires: 10-a? W l I
EXHIBIT A
FIELD NOTES FOR A 10' UTILITY EASEMENT TO BE ABANDONED:
BEING A PORTION OF LOT 1, BLOCK 1, HARRELL PLACE, AN ADDITION TO THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN CABINET A,
SLIDE 5839, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING IN THE WEST LINE OF SAID LOT 1, BLOCK 1, HARRELL PLACE FOR THE
NORTHWEST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED SOUTH 00
DEGREES 00 MINUTES 51 SECONDS EAST 10.00 FEET FROM THE NORTHWEST CORNER OF
SAID LOT 1, BLOCK 1, HARRELL PLACE;
THENCE SOUTH 89 DEGREES 59 MINUTES 53 SECONDS EAST 10.00 FEET TO THE
NORTHEAST CORNER OF TRACT BEING DESCRIBED;
THENCE SOUTH 00 DEGREES 00 MINUTES 51 SECONDS EAST 276.09 FEET TO THE
SOUTH LINE OF SAID LOT 1, BLOCK 1, HARRELL PLACE FOR THE SOUTHEAST CORNER OF
TRACT BEING DESCRIBED;
THENCE WEST 10.00 FEET TO THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED,
SAID POINT BEING THE SOUTHWEST CORNER OF SAID LOT 1, BLOCK 1, HARRELL PLACE;
THENCE NORTH 00 DEGREES 00 MINUTES 51 SECONDS WEST 276.09 FEET ALONG THE
WEST LINE OF SAID LOT 1, BLOCK 1, HARRELL PLACE TO THE POINT OF BEGINNING
LOT 1, BLOCK 1, HARRELL PLACE, AN ADDITION TO THE CRY OF SOUTHLAKE, TARRANT COUNT', TEXAS,
ACCORDING TO PUT RECORDED IN CABINET A SLIDE 5839, PLAT RECORDS, TARRANT COUNTY, TEXAS
LEGEND: BH
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LOYD BRMSOM SURVEYORS INC.
CHARLES B. HOOKS, JR.
REGISTERED PROFESSIONAL LAND SURVEYOR
1028 NORTH SYLVANIA AVENUE
FT. WORTH, TEXAS 76111
(817) 834-3477
DATE: 03-25-15
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EXHIBIT B
PORTION OF
10' UTILITY EASEMENT
TO BE ABANDONED
LAT 1, BLACK 1. HARRELL PLACE, AN ADDITION TD THE CITY OF SOUTHWE, TARRANT COUNTY, TEXAS,
ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 5839, PLAT RECORDS, TARRANT COUNTY, TEXAS
LEGEND: BH
35' B.L.
IRON PIN
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EXHIBIT B
PORTION OF
10' UTILITY EASEMENT
TO BE ABANDONED
LAT 1, BLACK 1. HARRELL PLACE, AN ADDITION TD THE CITY OF SOUTHWE, TARRANT COUNTY, TEXAS,
ACCORDING TO PLAT RECORDED IN CABINET A, SLIDE 5839, PLAT RECORDS, TARRANT COUNTY, TEXAS
LEGEND: BH
•
IRON PIN
O
IRON PIPE
0
BOIS D'ARC STAKE
O
CONCRETE MONUMENT
�x x—
FENCE
— d—d—
POWER LINE
—T—T—
TELEPHONE UNE
CABLE TELEVISION
CONCRETE PAVING
-1-
ASPHALT PAVING
_ n� Na 1m1190o
15-213
LOYD BRANSOM SURVEYORS INC.
CHARLES B. HOOKS, JR.
REGISTERED PROFESSIONAL LAND SURVEYOR
1028 NORTH SYLVANIA AVENUE
FT. WORTH, TEXAS 76111
(817) 834-3477
0, ""- /
DATE: 03-25-15
Exhibit "C" C � � Ordinance No. 1116
ORDINANCE NO. 1116
AN ORDINANCE VACATING AND ABANDONING A PERMANENT
UTILITY EASEMENT PREVIOUSLY GRANTED TO THE CITY BY
PLAT AND DESCRIBED AS LOT 1, BLOCK 1, HARRELL PLACE,
RECORDED IN CABINET A, SLIDE 5839, OF THE MAP AND/OR
PLAT RECORDS OF TARRANT COUNTY AND DEEDED TO JAKE
SQUYRES AND DARIA SQUYRES; DECLARING THAT SUCH
EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC;
AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED
RELEASING AND ASSIGNING THIS EASEMENT TO THE
OWNERS OF THE FEE ESTATE; 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, on or about June 18, 1998, DDFW Triangle properties granted a
permanent utility easement ("the easement") to the City, which easement is filed of record
as plat and recorded in Cabinet A, Slide 5839, of the plat Records of Tarrant County,
Texas; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the easement is not being used by, nor useful or
convenient to the public in general, and that the public 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 easement, the City desires to execute a quitclaim deed releasing and assigning all
title and control in said easement to the owners of the fee estate on which the easement is
located.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The City Council finds that the permanent utility easement granted to the City on or
about June 18, 1998 by DDFW Triangle properties, which easement is filed of record as
plat and recorded in Cabinet A, Slide 5839, of the plat Records of Tarrant County, Texas,
and which is attached hereto as Exhibit A, is not being used by, nor useful or convenient to
the public in general and that the public would be better served and benefited by the
vacation and abandon of the easement.
1
Ordinance No. 1116
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute a quitclaim deed to the above-described easement to the current owner of the
fee estate on which the easement is located, specifically, Jake Squyres and Daria
Squyres.
SECTION 3
After the quitclaim deed is executed, the City Secretary is authorized and instructed
to file it in the deed records of Tarrant County, Texas.
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 21ST DAY OF
APRIL 2015. n
THE ]kONkF-4BLE LAURA HILL, MAYOR
ATTEST: ,�����o��.�,,,,
.,``%%% TH�''rF
0;
CITY SECRETA v
2
Ordinance No. 1116
PASSED AND APPROVED ON SECOND READING ON THIS 5TH DAY OF
MAY 2015.
THE HON RA LE LAURA HILL, MAYOR
ATTEST:
CITY SECRETA&t e
,'moi (( •eee•..e.••eee ���,
FORM AND LEGALITY:
CITY A
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MARY LOOISE GARCIA
By:
COUNTY CLERK
CITY OF SOUTHLAKE
1400 MAIN ST
SOUTHLAKE, TX 76092
- t4°'s= 100 West Weatherford Fort Worth, TX 76196-0401
'""•••'` PHONE (817) 884-1195
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 7/13/2015 8:10 AM
Instrument #: D215151345
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D215151345
9 PGS $44.00
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.