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1124 Ordinance No. 1124 ORDINANCE NO. 1124 AN ORDINANCE VACATING AND ABANDONING A PERMANENT PUBLIC ACCESS EASEMENT PREVIOUSLY GRANTED TO THE CITY OF SOUTHLAKE BY KJB INVESTMENTS WHICH EASEMENT IS FILED IN VOLUME 388-197, PAGE 40 AND RECORDED IN THE PLAT 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 August 7, 1985, KJB Investments granted a permanent 20' public access easement ("the easement") to the City, which easement is filed of record in Volume 388-197, Page 40 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 public access easement granted to the City on or about August 7, 1985 by KJB Investments, which easement is filed in record as Volume 388-197, Page 40 and recorded in the Plat Records of Tarrant County, Texas, and which is described in the attached 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 abandonment of the easement. 1 Ordinance No. 1124 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, Centerpoint Services, Inc. SECTION 3 After the quitclaim deed is executed, the City Secretary is authorized and instructed to file it in the Plat 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 18tH DAY OF AUGUST, 2015. THE HONORABLE LAURA HILL, MAYOR ATTEST: soojTH �,,, •,,,,,,,,, IA S. i ' Lam.' '>. _ CITY SECRET Y • ,'. •••••••..••••••• •,. ** ,,,�� ,,,'III , *,`,` 2 Ordinance No. 1124 PASSED AND APPROVED ON SECOND READING ON THIS 1 S T DAY OF SEPTEMBER,2015. • I THE : ORABL LAURA HILL, MAYOR V'fHl.gk ''% ATTEST: 50.,........F ,,, ,,,,,ft.: p . ....: --„, ,....„.., _ _. -..... 0... _ , • :.: .. :: CITY SECRET Y s% EFFECTIVE: j110•�{,vyll *,,, i S APPROVED AS TO FORM AND LEGALITY: e... Cee..X?..- CITY ATTORNEY 3 E EXHIBIT A METES AND BOUNDS DESCRIPTION 10226 SOME FOOT 20 FOOT PUBLIC ACCESS EASEMENT ABANDONMENT I OUT OF LOTS 1 E T.S6 AND . PARK SURYEY,A-1 1 } I IN Or SOUBIA1tE,TARRANT COUNTY,TEXAS t. All that certain 10,226 Square Feet of land,which is a 20'Public Access and Utility Easement II parallel with and along the entire east property lines of Lots 6 & 7. Block A, North Davis IBusiness Park recorded in Volume 388-197, Page 40 in the Plot Records of Tenant County, o Texas (P.R.T.C.T.), in the T. S. Thompson Survey, A-1502, City of Southlake Tenant County. vs LOT 5, BLOCK A I P.O.B. Texas and more particularly described by the metes and bounds as follows: (all bearings shown NORTH DAVIS BUSINESS PARK 1/2"IRF(C.M.) hereon are based on the east line of said North Davis-Business Park.) VOL. 388-197, PG. 40 I BEGINNING at a 1/2" iron rod found for the northeast corner of said Lot 6, Block A, North P.R.T.C.T. I LOT 35R Davis Business Park; THENCE South 00'24'01"East passing at a distance of 292.75'a 1/2" Iron rod found for the IIS PLWE common east corner of said Lots 6&7,Block A,North Davis Business Park, in the west line ���CCCAAA888 A,AIDE 5941 of Lot 37R, Block 1. Southlake Woods, Phase 1 &Phase 2, recorded in Cabinet A, Slide 7711. /I P.R.T.C.T. P.R.T.C.T., continuing for a total distance of 517.75' to the southeast corner of the herein I described easement abandonment, common to the southeast corner of said Lot 7. Block A, I North Davis Business Park. in the north right—of—way line of Greenbrier Drive (50' — \ right—of—way): 15'U.E. THENCE South 88'36' 21"West — 20.00' along the north right—of—way line of said Greenbrier VOL20u7UTY88-17,EASEMENT G. _...-CAB.A,SLIDE 5941 Drive,common to the south lot line of said Lot 7,Block A. North Davis Business Park, to the VO389Pa / P.R.T.C.T. P.R.T.C.T. I southwest corner of the herein described easement abandonment; ttf THENCE North 00' 24' 01"West — 504.86' to the northwest caner of the herein described easement abandonment, in the common line of Lots 5 & 6, Block A, of said North Davis Business Park; LOT 6, BLOCK A LOT 36R THENCE North 56'05' 38"East — 23.99' to the POINT OF BEGINNING and containing 10,226 NORTH DAVIS BUSINESS PARK square feet of land. VOL. 388-197, PG. 40 P.R.T.C.T. 1 (1)p (/ 10.228 SQ. Ft O NOTES �' PUBLIC ACCESS EASEMENT 1. This Survey is issued without the benefit of a current title report and is subject i. ks VOL 388-197, PG. 40, P.R.T.C.T. is LOT 37R to revision upon receipt thereof. Surveyor has done no additional research for possible (ABANDONED BY THIS DOCUMENT) Z a easements, restrictions or covenants which may effect this property. - O1'1N 2. All building lines, easements and beorings shown hereon ore according to the Plot 01 t3 w of North Davis Business Pork recorded under Volume 388-197, Page 40, in the Plat V to, Records of Tarrant County, Texas, unless otherwise noted. _ as E o v aa� w (vA h. I —.vice n PASSING O 292.75• 8 8 J a 0 1/71r(cm.) 0 p 00.r , LEGEND NOT r0 SCALE m I7 m LINE BEARING DISTANCE S < c � 0 PROPERTY CORNER r • a LI S 88'36'21"W 20.00' `1 Y m Im '� L2 N 58'05'38'E 23.99' J J U 0 EASEMENT CORNER C R � ~� a0 a 0O I c 0 V/v ABBREVIATIONS `o 2z r ;, LOT 38R D.R.T.C.T. DEED RECORDS OF TARRANT COUNTY.TEXAS m W LOT 7, BLOCK A P.R.T.C.T. PLAT RECORDS OF TARRANT COUNTY.TEXAS NORTH DAVIS BUSINESS PARK I5•P.LW.E VOL. VOLUME IVOL. 368-197, PG. 40 AB.P.R.ic.T.saw PG. PAGE E P.R.T.C.T. DOC. NO. DOCUMENT NUMBER as IRF IRON ROD FOUND c 0 Q 20'UTIUTY EASEMENT 15•U.E. P.O.B. POINT OF BEGINNING VOL 388-197 P.R.T.C..T.PC. A8.PA:RT DE.T.`5540 P.O.C. POINT OF COMMENCING SLIC E C.M. CONTROLLING MONUMENT w I U.E. UTILITY EASEMENT 0 al B.L. BUILDING UNE / ` Eo L �_ MULL_ LOT 39R i©� VOL.388-197,P0.40 1 E P.R.T.C.T. Graphic Scale in Feet d %Tn 0 m , o GREENBRIAR DRIVE I 0 80' 160 0 t (56'R.O.W.) I z 1 — M7 ��( o F\ 10,226 SQUARE FOOT — 20 FOOT ,c,.. ..000,F�. I certify that this survey was made on the tn ((�^\oaa\STf,O°°o•9 ground, that this plot correctly represents the PUBLIC ACCESS EASEMENT ABANDONMENT 1*OO 5,, , Is j5t I facts found at the time of survey. 00. 0 0°00800°0°°°°00°00°0°° oo, LOTS 6 & 7, BLOCK A, NORTH DAVIS BUSINESS PARK c t DAVID CARLTON LEWIS , IN THE T.S. THOMPSON SURVEY, A-1502 0 000000000000000a000000QP000 CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS x0 \ 'a o 5647 Poo° / ISSUE DATE: 8/11/2015 SCALE: 1" = 80' PROJECT NO.: 034-135-50 o 0 al °°OOT IS SW°'°o 6 I o "° �y ' SPRY SURVEYORS s �S U R� N V "68241 Mid—Cities Blvd., Suite 100• North Richland Hills, TX 76182 D February 02, 2015 Ph 817776.4049 • spry.ssurve ors.com • www.s r surve ors.com a Firm Reg. No. 101 12000 p y y al,i CERTIFICATE DATE DAVID CARLTON LEWIS, R.P.L.S. N0. 5647 rn