1128 Ordinance No. 1128
ORDINANCE NO. 1128
AN ORDINANCE VACATING AND ABANDONING A PORTION OF
A PERMANENT SANITARY SEWER EASEMENT PREVIOUSLY
GRANTED TO THE CITY BY VISION SOUTHLAKE
DEVELOPMENT, LLC, WHICH EASEMENT IS FILED AS
INSTRUMENT NO. D215083782 AND RECORDED IN THE DEED
RECORDS OF TARRANT; 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 April 24, 2015, Vision Southlake Development, LLC,
granted a permanent sanitary sewer easement ("the easement")to the City, which easement
is filed of record as Instrument No. D215083782 and recorded at The Deed Records Of
Tarrant County, Texas; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that a portion of 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 a portion of the permanent sanitary sewer easement
granted to the City on or about April 24, 2015 by Vision Southlake Development,
LLC, which easement is filed of record as Instrument No. D215083782 and recorded at The
Deed Records of Tarrant County, Texas, and which is described in the attached Exhibit A
and shown on the attached Exhibit B, 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 a portion of the easement.
1
Ordinance No. 1128
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, Vision Southlake
Development, LLC.
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 6TH DAY OF
OCTOBER,2015.
THE HONORABLE L URA HILL, MAYOR
ATTEST:
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Ordinance No. 1128
PASSED AND APPROVED ON SECOND READING ON THIS 20TH DAY OF
OCTOBER,2015.
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,,,,,,,,' HE • ORABLE LAURA HILL, MAYOR
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EFFECTIVE: ���� ,`,, ,3
APPROVED AS TO FORM AND LEGALITY:
(C2 OQ'et" 97-
CITY ATTORNEY
3
EXHIBIT A
LEGAL DESCRIPTION
0.002 ACRES
Being all that certain lot,tract or parcel of land situated in the Thomas Mann Survey,Abstract Number
1049,City of Southlake,Tarrant County,Texas,and being a portion of Lot 3,Silver Ridge Addition,Phase
Ill,an addition to the City of Southlake,Tarrant County,Texas,according to the plat thereof recorded in
Document Number D215083782 of the Plat Records of Tarrant County,Texas,and being more
particularly described as follows:
COMMENCING at a "+"found in concrete at the northeast corner of Lot 7 of said Silver Ridge Addition,
Phase Ill, being the northwest corner of Lot 6,of said Silver Ridge Addition, Phase Ill and being on the
south line of said Lot 3,from which a"+"found in concrete at the southeast corner,thereof and being
the northeast corner of said Lot 6 bears S 89°53'40" E,97.24 feet;
THENCE N 89°53'40"W,2.99 feet with the north line of said Lot 7 and the south line of said Lot 3 to the
east line of a 15' public sanitary sewer easement dedicated with said Silver Ridge Addition,Phase Ill;
THENCE N 00°06'20" E,46.54 feet with the east line of said 15' public sanitary sewer easement to the
POINT OF BEGINNING;
THENCE N 89°53'40"W, 15.00 feet to the west line of said 15' public sanitary sewer easement;
THENCE N 00°06'20" E,7.00 feet with the west line of said 15' public sanitary sewer easement to the
northernmost northwest corner thereof;
THENCE S 89°53'40" E, 15.00 feet to the north line of said 15' public sanitary sewer easement to the
• northernmost northeast corner thereof;
THENCE S 00°06'20"W,7.00 feet with the east line of said 15'public sanitary sewer easement to the
POINT OF BEGINNING and containing approximately 0.002 acres of land.
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lea 7 � .
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Q
.9�0 S upvy0
EXHIBIT B
S 89'53'40 E
`.4 15.00'
o -- S 00'06'20" W
h p 15' Public SSE7.00'
co O to be Abandoned
o i� 0.002 Ac.
O
r'N 89' " r (P Lot 3
.Q• Silver Ridge Addition
15.00' •e• Phase Ill
D215083782
_ S'
I
15' Public WLE
0215083782
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/ePr �• �,
It 1 041 F I: 51111
15' Public SSE __.]
11111��Mlh',,,.. '4:'1;;-/
D215083782 '� °Ar88{ .*c•
26' PAE ' �� RV A- -r
D215083782 'BURV
N 8933'40' W
299'
S 8933'40'E 97.24'
loirar _ _ .'+'End
'— — (''� 1 +'fnd —
Lot 7 IO�� Lot 6
_r _ - - ' - - --1
10' EE I
D215083782 15' PUBLIC SANITARY SEWER
_ I _ - _ — _I EASEMENT ABANDONMENT
Lot 3
trims: Silver Ridge Addition, Phase III
TM
E. 1. Bearings based on plat. 0.002 Acres
In the
rat 2. Surveyor has mode no investigation or independent search for THOMAS MANN SURVEY, ABSTRACT NO. 1049
easements of record, encumbrances, restrictive covenants, ownership CITY OF SOUTHLAKE
title evidence, or any other facts that an accurate abstract of title
a may disclose. TARRANT COUNTY, TEXAS
5.4
• L E G E N D
il SIDIP aram�G ava,/1taoliilllllwcs PLATTING RF REBAR FOUND CONSULTANTS,
gCRS = CAPPED REBAR SET
CRF = CAPPED REBAR FOUND U �
SP.Q.B. POINT OF BEGINNING
G&A = G&A CONSULTANTS, LLC. 111 149r81.QW.•L..MNN.TX 75057•P:972.436.9712•F.972830.9715
„ . EE = ELECTRIC EASEMENT 1wa10Tom Cvd.ren.Ste 2.Amis.TX16226•P:wo.2407012.F:940240.1028
P, WLE = WATER UNE EASEMENT TBPE F.m N0.1798 TBPLS Fhn No.10047700
r:i$ SSE = SANITARY SEWER EASEMENT
Lg PAE = PUBLIC ACCESS EASEMENT DRAWN BY: CC DATE: 8/19/15 SCALE:1'-10' JOB. NO.13107R