1141 Ordinance No. 1141
ORDINANCE NO. 1141
AN ORDINANCE VACATING AND ABANDONING A PORTION OF
PERMANENT DRAINAGE EASEMENT PREVIOUSLY GRANTED
TO THE CITY BY RCC MIRON OFFICE, LTD., WHICH
EASEMENT IS FILED AS INSTRUMENT NO. D207253111 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 July 6, 2007, RCC Miron Office, Ltd. granted a permanent
drainage easement ("the easement") to the City, which easement is filed of record as plat
and recorded as Instrument No. D207253111, 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 be 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 a permanent drainage easement granted to
the City on or about July 6, 2007 by RCC Miron Office Ltd, which easement is filed of
record as Instrument No. D207253111, and recorded at the deed 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.
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Ordinance No. 1141
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, RCC Miron Office Ltd.
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 2nd DAY OF
FEBRUARY 2016.
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THE HO : ' t LE LAURA HILL, MAYOR
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Ordinance No. 1141
PASSED AND APPROVED ON SECOND READING ON THIS 16TH DAY OF
FEBRUARY 2016.
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THE HONORABL LAURA HILL, MAYOR
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APPROVED AS TO FORM AND LEGALITY:
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