1127 Ordinance No. 1127
ORDINANCE NO. 1127
AN ORDINANCE VACATING AND ABANDONING A PERMANENT
WATERLINE EASEMENT PREVIOUSLY GRANTED TO THE CITY
BY ROGER G. BAIRD AND WIFE LAVON BAIRD AS RECORDED
IN VOLUME 4217, PAGE 158 OF DEED RECORDS OF TARRANT
COUNTY; 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 May 26, 1966, Roger G. Baird and wife Lavon Baird
granted a permanent waterline easement ("the easement") to the City, which easements
were filed of record and are recorded in the Deed Records Of Tarrant County, Texas at
Volume 4217, Page 158; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the easements are not being used by, nor useful or
convenient to the public in general, and that the public would be better served and
benefited by their 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 of the C it y, i f any, 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 waterline easement granted to the
City on or about May 26, 1966, Roger G. and wife Lavon Baird, which the easement
wwas filed of record and recorded at Volume 4217, Page 158 of the Deed Records of
Tarrant County, Texas are 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 by the filing of a quitclaim deed. A Copy of the recorded
easement to be abandoned is attached hereto as Exhibit A, and a copy of the quitclaim deed
to be signed is attached hereto as Exhibit B.
1
Ordinance No. 1127
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute the quitclaim deed abandoning and vacating the above-described easement to
the current owner of the fee estate on which the easement is located, specifically,
SLTS Land, L.P.
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.
OR CSU
THE HONORABLE LAURA HILL, MAYOR
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ATTEST: �O...•••••.....�
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CITY SECRE RY
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2
Ordinance No. 1127
PASSED AND APPROVED ON SECOND READING ON THIS 20TH DAY OF
OCTOBER,2015.
Pt I t
THE 'ONO,' • BLE LAURA HILL, MAYOR
ATTEST: ..• ••.�.Azt: p f>_0 JA,
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CITY SECRET Y •''•
EFFECTIVE: OMO•e1,, , , ,1,,a2 4,S
APPROVED AS TO FORM AND LEGALITY:
CaL)//e
CITY ATTORNEY
3
EXHIBIT A
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•Etta5-4., . "6y ha ; >10$ .3'y V,1
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!►sLt'd 'a - 'r �'�.'n y� F Y4` F� •r.+�',
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• s1 ria Oaraq.1 7aZifat taisti at Vasil ballet iawU u s aE
. -sheato pt sod...11•644
lf Illid kr' hw h at a.uW]d,docs doreby,patd r'-•
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Sapply Corporuion, hereinafter"called "Asndatioo,•••.pnpnaal eansaatolri:asghaa-e sy'1irt t#C0014�. .
4;
rex-ruing and tpsmaining a water pipe line oyer and acro.Crantoe'r•land in . , tiirhae'd Ih.Ai ` ,';a
Survey,Abarut No 482 Tarrant - canary,Team rawer.._...t.„.1...•,..
MatAV
• sat deed 1,.. __41._0.-Pet fY to s.yp•r r-t.a, .
dated—_-- 12.-ye.J.l_ SA—..._,sod recorded in Volume32lAL--__Page a12 oaf the Dead 1 we&-." .
10.31 .
•
County containing.
{1.said Couand containiag1 serer. -
acing .wasp of land across the tract relented to above •cp :i0i tea in Width,with the Grantee henna being i.
hereby a14t6ori2ed to designate -the cows: at the <115.[Ofelk herein coaseyed, troops that wbeo the pipe lice i• s.
•
installed. the easement herein granted shall he luted to a strip of laod neo,{10)feet in widt},with the crater Nue -
•
• theteoe being the pipe lice so instilled. •,
,
Together with the right of ingress and egrets over Grsoc's adjacent lands to ole from said rightof-way for the purpose of
rm
conaructing, improving, rccoa3tructing,repairing, inspecting, maintaining and teroe:nog said water hoc and appurtaarmaesirthe •t
• right to relocate said line in the noose tdacrvc pouison to any sdjatent rad,if.ease is'an dined in the Newel the right to prevent "
• poitaibk interference with the operation of said litre and to remove possible hazard thereto:the eight to pre+'cm the Construction, t
las a distance of one-half the width of the eversion on cub side of she actual center of where said gbder litre,u laid,of any build.•
i,g,,unctures or other obavuetioas which/ay endanger or interfere with the efficiency, safety'oe convenient operation of'said'
•
water dire and is apputtcenneon, ff sods boLtildiflp.stzucturta Of other obstructions are constructed by Grantor,as above rrnmtioesrd,
without written tient of the Association,then the Association aha!1 have the right to remove mase from such spat,sad this
sgeeement,together with ocher provisions of-this grant shall rnyicitute°1 covenant running with the land for the benefit of the .. .
L.tut...aor,ansa asaigos.
The right rt nutted to Grantor to use the:and over which a rightof-way or easanent is herein grimed for the genets)
agsicuitural and grasing puepnaes,provided such use shall not include the growing of trots thereon or any otbet mac which tnigls
interfere with the exercise by the Association of the rights hereby granted. The cons,dcrstion recited herein that cooaitate tag-
eunt iri fall doe all daaages suwined by Grantor by reason of the installation of the uructares referred 161W/bib and the Grouter:
will tnasnuin such easement in a stare of good repair and efficiency to that sic unreasonable damages will result froth in use to y
Cancer pre:niaes. .
• -
TO HAVE AND TO MOW the above tkieribed caseoncet nod rights unto the olid City of G.,tu e sir- Warr .
Supply Corporation,is+Otte»ors and assigns,fotecet.
'Arid Grantor docs hereby bind hssruelf,•his heirs and kgs1 representatives,to Warrant and Forever rDefeod all and singular
stove described casement and rights unto the said Association, its successors and.asigr,against every person whotnoeva
,awiuLy claiming or to claim tire same or any par,thereof.
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(JOINT ACIC.NOW1.IDGMENT)
THE STATE OF TEXAS (( e a •
t-CO OF .., eta ) -
a
Beiu<,sr,tine uudesaigne.r surhnrity,cu this day personally appeared stoger :.. Baird
•
and La vcns uaird(Mra. Roger G.) his wife,bosh known to the to be:he persons whose names we.ubrnls.l
to ttte foregoing ins* .nr,ax acknowledged to me that ahoy each uceuted J.c sane for the putpors and mluidenpoo Lincoln ,
_ expressed. And OWwd Laron da-zd(Nes, de or C ) wile of aid Koller G, ltgird '
!taring.bore caamioad by nu privily and apart from bee hwband,and haring the,same by the fully eaplataed w he,ahc,the
she ackucmiedged such instrument to be burrs and dead,and eat doekoed Ib'.
titer.Me ban wittingly signed Mc mem for aha purpose a*d ea
ursidatioo therein-.poissed,and that rhe dimyna one wilt ko faa it.-
Giles an my lured and seal of*flit an this the 10th day of January, ,A.D.19 ger
i
Notary R+blic tat and fur Tarrant ajtrgg, '
1 Filed far Ec trJ 9NAY 23 13&S .__ �.__. .... _.. •,t 9_S�4i n:
. MAY At•Ctsl'tis,{ MAY 26. ,hi JD `i/I "d,
EXHIBIT B
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 waterline easement
granted to the City by Roger G. Baird and wife, Lavon Baird, as recorded in Volume 4217, Page
158 of 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, SLTS Land, L.P., 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.
In accordance with governing law, the undersigned has been authorized to execute this
conveyance by Ordinance No. 1127, passed by the City Council of the City of Southlake on
October 20, 2015, a copy of which ordinance is attached hereto as Exhibit B 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.
Ordinance No. 1127, DRTCT Vol. 4217, Pg. 158
EXHIBIT A
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• . adttlrQtititf.of vc'Tatitkwt.... . ' nalc!i ►; •i l r P �iri' sr .:v `
t.,y�y�� �irM�`�� n.M •' Ati ti i.
• •it•le a*an•d st+l�eiasy'v1�f}*lriy r^ .c!^._iers•flateby,shna ser. . , , ..� { 3 s
Y.:.� ./v4,-----,.'\L:J:?7..• .1.•.1. :Yat
.Sa77t CAtpocataoa, baaa.wkP-Wild �—..ai..? 4•.ft null a .SI.'aP."1 0a —ell • S •,•,..-'.
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operating ad'ti-aaipmg f hurt•pge liae•eber and atsoia Cranmr'r and vd•.;• .• Far a 1i/Y
•Ta tea at County _ :., •. ti
Survey,Abaratt N04,3_______. T■r rsyst . C vyncy,,'Gear,time paaxabaef)dearn6a/
•
in decd barn Man O >Aet•t•see to • 8.Y11 desire' - .
a
dated tn_+.?_a3_ 19._._.said reeaded in Volta ne37lM___..Pagr -A5 ed the Dad Rated,'.•
19.31 •-- ,. •
. .
of said County and.coataioing4 J. aero .
. Being .ship of land•roan the tract referred to above;tee(10)feu in Width,with the Grantee hem=being
••
hereby authorized to designate the course of the eaaemenl. herein conveyed,'except that when the•pipe Use is t1.
inncalled- the casement herein granted shall be laoited to a strip of land leo 130)feet in with th
widely,with center tine
thereof being the pipe lice as installed. -1
Together with the right of ingrest sad egress over Grantor's adjacent lands tom from aid righted-way for the, earpose of
:vnerttctiog, improving,fecoalanacting,repairing,.inspecting,maintaining and remoYigg said water hoe and appurteneocns;,the
right to relocate said line in the same relative po+uwa to any adjacent road,if arae is.widened in the future the right to prevent
pouibk interference with the operation of said line and to remove posuble hazard Motto:the right to prevent She eemrtstrioa,
• foe a distance et onehsU the width of the garnscat on each aide of the actual center of where aid glace Ilne is laid,of any build--
'mg,structures or other obanuctiom which alasy endanger or interfere with the efficiency, safety•or convenient operation of•rid'
water line sod its appurtenances. if such buildings,structure'or other obstructions are committed by Grantor,as atom mentioned,
without writsen content of the Aseciauon,then the Awciatim shall have the right to remove mate Gan such spare,mid this
• agreement,together with other provisions of%his grant shall etpititutel covenant running with the land for the benefit of she . ._.._ _•
. ...,.........y ip,au.....o.s and assigns.
The right is reserved to Grantor to um the land over which a rightof-way or eanesneat,is herein granted for the general
agcicuiewi and gracing purposes,provided such we shall pot=elude the growing of tress thereon or any other use which might
interfere with the exercise by the Associadea of the sights hereby granted. The consideration recited.herein shall comic=fey-
meat in full for all damages sustained by Grantor by reason of the installation of the structures refund to hereto and the Grasses
will mnteri¢curb estemt¢t in a scare of goad repair and efficiency at that au unreasonable damages will result front is tae to 'y
Grantor's prcatiaco. _ ,
-
- TO HAVE AND TO HOLD the above&Scribed easement and rights onto the% i
i _ r_a ter of S^..Ch1oh.. Waw
Supply Corporation,its auceessors and assigns,forever. .,
'And Grantor docs hereby bind hitnself,•hit heirs and kgal representatives,to Warrant and Forever Defend'ill and singular
,e above described onanmtne and rights unto the aid Association, kr.sac easors and assigns,against nary person whatssoencr -
...-iuliy claiming or so dais the same or any part thereof.
. a
EXECUTED THIS 17th day af„ ..Ja.a ca ry '7 ',19 14 .,
er G aisd c.. •
La wort £i '�/
y ._ o .
• .... .,�.=.;waist?__res•.+�^•�• L: - - . _ .... .._
• /JOINT ACKNOWLEDGMENT)-
THE STATE OF TEXAS 1( a a .
COUNTY OF Torrent )
d
r
Belot.sec,the undersigned authority,to thin day..puaooally appeared stoger ::, Baird .
and La•mr, uaird(Mrs. Roger G.) his wife,both known to me so be the persons whom acmes are mhscrita.f
• to me foregoing inwnamcar,and acknowledged to one that they each executed the tame to,the purposes and ooruidtrw son therein ,
expressed. And the said Lacon daard(Mrs, golfer G..) wife of mid Sieger 0, Bitire
having.Mew eaami¢od by tae paivify and apart from bet etabanJ and honing she,same by me fully explasaed to hoe,rbc,the
•il':..•• :•• she ackoowledged such icotewesntl in be her act and dead,sera
d she brand S.
a
...dowel*liall,reiGingfy signed she ame for the pawpaws and coasidouibn therein•s:pressed,and rhea she ad not wit to mesa it.•
1
Given suman soy Maud and seal of office an this the 10th day of • January, ,A.D.19 a4
i
. •
.Casa; "ed-eQ.,/T.,,--- -
Notary Public in and far Tarrant Taws.
, .
..
i F'ticC for Rcciard fdAY 23 - i 9.5›• :__ti.
MAY 26 19b1Arid Rrcurti,J_ ti 10_ ,1.t._sea
Executed this the (3 day of aV , 2015.
CITY OF SOUTHL•Ar, Grantor
By: /lig . GUS Ab " -
The Honora M Laura Hill, Mayor
,`,,ptu,,IMM,,,,
ATTEST: `°OJ1N. F,
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p Eo:
•
i :
Lori Payne, City cretary =v'• /
•............
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 day of
/ej,itk J ,2015.
p
Notary Public in an or the State of Texas
My Commission expires: j0- ').-.?Co( 7
After filing please return to:
�,.►*�^ LORI PAYNE
City Secretary NOTARY PUBLIC
.g, `` f�} COMMISSION EXPIRES:
City of Southlake 41 : 10-27-2017
1400 Main Street
Southlake, Texas 76092
Ordinance No. 1127, DRTCT Vol. 4217, Pg. 158