0773
ORDINANCE NO. 773
AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN
PORTIONS OF LOTS 1 AND 2, BLOCK 9 OF THE SOUTHLAKE TOWN
SQUARE ADDITION IN THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC
OWNERSHIP INTEREST AND CONTROL OF SAID RIGHT-OF-WAY;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas is a home rule city acting under its
charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, a right of way has been previously dedicated to the City of
Southlake by the owners of Lots 1 and 2, Block 9 of the Southlake Town Square
Addition to the City of Southlake, Tarrant County, Texas; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the right-of-way located in portions of Lots 1 and 2,
Block 9 of the Southlake Town Square Addition is not being used by, nor useful or
convenient to the public in general; therefore, it constitutes a public charge without a
corresponding public benefit, and the public would be better served and benefited by its
vacation and abandonment;
WHEREAS, in order to remove any question as to the continued interest or
ownership of the public in said right-of-way, the City desires to execute a quitclaim deed
releasing all title, ownership and control in said right-of-way to the owner of the abutting
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1.
The right-of-way in portions of Lots 1 and 2, Block 9 of the Southlake Town
Square Addition to the City of Southlake, Tarrant County, Texas, more specifically
described in Exhibits "A" and liB" attached hereto and incorporated herein for all
purposes, is not being used by, nor useful or convenient to the public in general. It
constitutes a public charge without a corresponding benefit, and the public would be
better served and benefited by its vacation and abandonment. Accordingly, the above
described right-of-way is hereby vacated and abandoned as public property and shall
revert in fee simple to the owner of Lots 1 and 2, Block 9 of the Southlake Town Square
Addition.
SECTION 2.
The Mayor of the City of South lake, Texas, is hereby authorized and empowered
to execute a quitclaim deed releasing all claims to title, ownership, or control of the
right-of-way, on behalf of the City of South lake, Texas.
SECTION 3.
A copy of said quitclaim deed shall be presented for filing with the County Clerk
of Tarrant County, Texas by the office of the City Secretary.
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 after its passage, and it
is so ordained.
~,D2:~~ROVED ON ;~:¡:~IS
MAYOR
/ð DAY OF
ALi~
CITY SECRETARY
...,;;;;;;: AND APPROVED ON SECOND READING ON THIS L DAY OF
,2000. ~
'. CJJ¡d ........ ./~
MAYOR
AT~ 'l1 ~
(
CITY SECRETARY
APP OVED AS TO FORM AND LEGALITY:
---5 -
, '.
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 the right of way of
portions of North Carroll Avenue, located in portions of Lots 1 and 2, Block 9 of
the Southlake Town Square Addition, located in the City of Southlake, hereinafter
more specifically described and depicted as on Exhibit "A" attached hereto and
incorporated herein, is not being used by, nor useful or convenient to the public
in general; therefore, it constitutes a public charge without a corresponding public
benefit, and the public would be better served and benefited by its vacation and
abandonment. 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 South lake ("Grantor") does hereby bargain, sell,
release, vacate, abandon and forever quitclåim unto Southlake Venture West,
L.P. ("Grantees"), any and all of their heirs, legal representatives or assigns, all of
Grantor's right, title, and interest in and to the right of way described on Exhibit
"A" in proportion to their abutting ownership.
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the
above described right of way unto the said Grantee, his heirs and assigns
forever, so that neither Grantor nor its heirs, legal representatives or assigns
shall have, claim or demand any right or title to the aforesaid right of way,
premises or appurtenances or any part thereof.
EXECUTED this
7
day of
~
,2000.
CITY OF SOUTHLAKE
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EXHIBIT
" A"
Tract 3D1
Juergen F. Strunck
: P. o. Box 1055
PO" I Grapevine, TX 76099-1055
-------~~--i Vol. 6365, P. 206
------------~r-' 1//' IPF PL
------------------------ '-
-------------------i----
-- - - -- --- -- -'----- -4 - - - -- - - -- --- -- - -- - __n- -
5890 29/49 //E~I/POB ------~---------- -------- -Tota-I-De~c'=-ibedA-
36 18/ 6.241 SQ. F.T
. : 0.143 ACRES
w. w. H!L~ A-695 \I
RICHARD EADS A-481
N89°29'SO"W
24.93'
/Í
Tj~~ii;t:re_! ,-~-~OOo 1_1_' 0611~ }~3~L~2'-_- - -
Lot 1, Block 9" ': - Southlake R a w~ :----
i/ Town Square ~ -
: \ " Lot 2, Block'y----
I . --- - -
-
----
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Note: ALL BEARINGS BASED ON THE WEST LINE OF THE
SOUTHLAKE TOWN SQUARE ADDITION, CABINET A. SLIDE 4892 (PRTCTJ
SURVEYOR'S CERTIFICATION
I, Eddie L. Cheatham of CHEATHAM HI) ASSOCIATES, a Registered Professional
Land Strveyor of the State of T exaa, do hereby declare that the calculations,
graphic depiction and legal descriptions of this survey were properly prepared
under ~ -æ::-- ... actual ourvey modo on tho ground.
- ~ ~- \.-\.-~O
Registered ProfeiBionai Land Surveyor No. 2346
;-' . ï;2--!!
Exhibit 'ß'
Being a 0,143 acre tract of land in the Richard Eads Survey, Abstract No. 481, City of South lake, Tarrant
County, Texas, previously being a portion of the Carroll Avenue right-of-way and currently portions of
Lots I and 2, Block 9 of the South lake Town Square Addition, as recorded in Cabinet A, Slide 4892, Plat
Records, Tarrant County, Texas and being more particularly described as follows:
COMMENCING at a 1/2" iron pin found, said point being the southeast corner of a tract conveyed to
Juergen F. Strunck in Volume 6365 Page 206 (D.R.T.c.T.) and in the original west right-of-way line of
Carroll Avenue;
THENCE
S 89° 29' 49"E, for a distance of36.18 feet to the POINT OF BEGINNING, said point
being in the west property line of said Lot 1 of the South lake Town Square Addition, said
point also bears S 00° 1 ] '06"E 5.16 feet from the northwest corner of Lot I;
THENCE
N 00° II '06"W, for a distance of 297.19 feet continuing along west property line of said
South lake Town Square Addition to a point for a corner in the west property line of Lot 2,
Block 9 of the South lake Town Square Add ition passing the northwest corner of Lot 1 at
5. I 6 feet;
THENCE
S 15 ° 02' 30" E, for a distance of 97.22 feet to a point for a corner in the east line of the
previous right-of-way line of North Carroll Avenue;
THENCE
S 00° 11 'O6"E, for a distance of203.52 feet continuing along said previous right-of-way
I ine to a point for a corner, said point being 5.16 feet south of the south property I ¡ne of
Lot 2, Block 9 of the South lake Town Sqùare Addition;
THENCE
N 89° 29' 50" W, for a distance of24.93 feet to the POINT OF BEGINNING, containing
6,24] square feet or 0.143 acres, more or less.
GIOO .2.1212J2-L6.DOC
Ja"uary 7. 2000
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THENCE
N 00° 11 '06"W, for a distance of297.19 feet continuing along west property line of said
South lake Town Square Addition to a point for a corner in the west property line òfLot 2,
Block 9 of the South lake Town Square Addition passing the northwest corner of Lot 1 at
5. 16 feet;
THENCE
S 15° 02' 30" E, for a distance of 97.22 feet to a point for a corner in the east line of the
previous right-of-way line of North Carroll Avenue;
THENCE
S 00° 11 '06"E, for a distance of 203.52 feet continuing along said previous right-of-way
line to a point for a corner, said point being 5.16 feet south of the south property line of
Lot 2, Block 9 ofthe Southlake Town Square Addition;
THENCE
N 89° 29' 50" W, for a distance of24.93 feet to the POINT OF BEGINNING, containing
6,241 square feet or 0.143 acres, more or less.
G:\OO J -232\232-L6.DOC
January 7. 2000
~
0200068668
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE, TX 76092
..
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORO--O 0
NOT
0 EST ROY
IN 0 E XED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN 0 E R SON -- COUNTY CLERK
0 F F I C I A L R E C E I P T
T 0:
CITY OF SOUTHLAKE
RECEIPT NO
200181495
REGISTER
DR93
RECD-BY
MD
PRINTED DATE
04/04/2000
TIME
09:14
INSTRUMENT FEECO INDEXED TIME
1 0200068668 WD 20000404 09:14 CG
2 02 COPIES CC C 0 P I E S
TOT A L : DOCUMENTS: 01 FEE S: 41.00
B Y: -~---
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.
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 168368561
FORT WORTH,TX 76102 Invoice Date: 3/10/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 3/31/00
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 16836856
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: CITY OF SOUTHLA
Publication Date: 3/10/00
CITY OF SOUTHLAKE,TEXAS ORDIN I358 1 37 37 LINE $5.79 $214.23
CITY OF SOUTHLAKE,
TEXAS Sales Discount ANO RDNNNCCEE NA C NG ($184.26)
AND ABANDONING A
RIGHT OF WAY IN POR-
TIONS OF LOTS 1 AND 2,
BLOCK 9 OF THE SOUTH-
LAKE TOWN SQUARE ADDI-
TION IN THE CITY OF $29.97
SOUTHLAKE
DECLAR- Net Amount:
ING THAI SUCH PROPER-
TY IS UNNECESSARY FOR
USE
OORIZING ETHEBLMAYOR
TO EXECUTE A QUIT-
CLAIM DEED RELEASING
PUBLIC OWNERSHIP IN-
TEREST AND CONTROL
OF SAID RIGHT-OF-WAY;
PROVIDING A SEVERABILI-
TY CLAUSE,AND PROVID-
ING AN EFFECTIVE DATE.
PASSED AND APPROVED'
BY THE CITY OF COUNCIL
OF THE CITY OF SOUTH-
LAKE TEXAS, ON THIS
THE NTH DAY OF MARCH,
2000.
MAYOR RICK STACY
ATTEST: SANDRA L. LEG-
RAND
CITY SECRETARY
APPROVED AS TO FORM:
E.ALLEN TAYLOR JR.,
THE STATE OF CITY ATTORNEY
County of Tarrant
Before me,a Notary Public in and for said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegram, published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being duly sworn,did depose and say that the
attached clipping of an advertisement was published in the above named paper on the listed dates:
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Tuesday, March 2 000.
Notary Public I-,. _ /4,/,j
i/
iiAr
' DAWN M. K ISSIONUYKEEXPIRESNDALL
��
Thank You For Your Payment '1,+f1 SEPTEMBER 13,2009
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 168368561
Invoice Amount: $29.97
PO Number:
Amount Enclosed: $
INVOICE
Star-Telegram Customer ID: CIT57
400 W.7th Street Invoice Number: 167000081
FORT WORTH,TX 76102 Invoice Date: 2/18/00
(817)390-7761
Federal Tax ID 22-3148254 Terms: Net due in 21 days
Due Date: 2/29/00
Bill To: PO Number:
CITY OF SOUTHLAKE Order Number: 16700008
667 N CARROLL AVE
SOUTHLAKE, TX 76092-6412 Sales Rep: 073
Description: CITY OF SOUTHLA
Publication Date: 2/18/00
mpt
ssr f" 5 tzr: R ?iT." & v y ;8 d; EI I `.i "3a= " orvoni+ �.aa�'
CITY OF SOUTHLAKE,TEXAS NOTIC I358 1 40 40 LINE $5.79 $231.60
clrlr of
Sales Discount NOTICE was hereby given to ($199.20)
aN nt.,- steel persons that
the City Council of the City of
Southlake, Texas, wIll be
holding a public hearing dur-
ing the regular city council
meeting to be held on March Net Amount: $32.40
7, 2000, at 7:00 p.m. The
meeting will be held in the
City Council Chambers of
City Hall, 667 North Carroll
Avenue, Southlake, Texas.
Purpose of the hearing will
be held regarding the follow-
ing
ORDINANCE NO.773
AN ORDINANCE VACATING
AND ABANDONING A RIGHT
OF WAY IN PORTIONS OF
LOTS 1 AND 2,BLOCK 9 OF
THE SOUTHLAKE TOWN
SQUARE ADDITION IN THE
CITY OF SOUTHLAKE TAR-
RANT COUNTY, TEXAS; DE-
CLARING THAT SUCH PROP-
ERTY IS UNNECESSARY FOR
USE BY THE PUBLIC AUTHO-
RIZING MAYOR TO EXECUTE
A QUITCLAIM DEED RELEAS-
ING PUBLIC OWNERSHIP IN-
TEREST AND CONTROL OF
SAID NG RIGHT A -0E-WAY,PROVIEVEItABIILITDY
THE STATE 01 AN CLAUSE
EFFECTIV ANDE PRDATEOVIDING
County of Tarn Sandtyrecaretary L.LeGrand
Ci S
City of Southlake,Texas
Before me,a Notary Public in and for said County and State,this day personally appeared TAMMIE BRYANT, Bid and Legal Coordinator, for the Star-
Telegram, published by the Star-Telegram, Inc.at Fort Worth, in Tarrant County,Texas;and who,after being my sworn, did depose and say that the
attached clipping of an advertisement was published in the above named paper on the lis tes:
SUBSCRIBED AND SWORN TO BEFORE ME,THIS Wednesday, Febru 23 2000.
/ 1S:2(
erii DAWN M. KUYKENDALL
vk COMMISSION EXPIRES
'►, ^SEPTEMB�ER 13,2003
Thank You For Your Payment
Remit To: Star-Telegram Customer ID: CIT57
P.O. Box 901051 Customer Name: CITY OF SOUTHLAKE
FORT WORTH, TX 76101-2051 Invoice Number: 167000081
Invoice Amount: $32.40
PO Number:
Amount Enclosed: j$