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Cedar Oaks Addition (Lot 12B, Block 1) - Permanent Utility Easement O~-~-. ~ . ¡j-/~.....".f!......'j I r. 1 . ',';:, ; -." .,- . .,. '. . ;)S ÇÞ RESOLUTION NO. 00-86 A RESOLUTION VACATING AND ABANDONING A UTILITY EASEMENT IN THE CITY OF SOUTH LAKE, TEXAS, DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE AND RECORD A RELEASE OF EASEMENT RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THIS EASEMENT AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of South lake, 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, the city council of the City of South lake, after careful study and consideration, has determined that a utility easement in the City of Southlake, depicted in . Exhibit "A" attached hereto and incorporated herein for all purposes, and as more particularly described by metes and bounds as set forth in Exhibit "B" attached hereto and .- incorporated herein for all purposes (the "Parcel"), 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; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said easement, the city desires to release all title, ownership and control of said easement to the owner or owners of the abutting property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1. The following easement depicted in Exhibit "A" attached hereto and incorporated herein for all purposes and as more particularly described by metes and bounds as set forth in Exhibit "B" attached hereto and incorporated herein for all purposes (the "Parcel") is hereby vacated and abandoned as public property- The easement 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. The easement so vacated and abandoned shall revert in fee simple to the owners of the abutting properties, SECTION 2. . The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a release of easement releasing all claims to title, ownership, or control of the ~. easement, on behalf of the City of Southlake, Texas, SECTION 3. A copy of said Release of Easement shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the city secretary. SECTION 4. This resolution shall be effective immediately upon adoption. APPROVED this /{" day of ~ ' 2000. ~~ RETURN TO: CITY OF SOUTHlAKE OFFICE OF CITY SECRETARY 1725 EAST SOUTHlAKE BOULEVARD SOUTHLAKE. TEXAS 76092 Attest: \\\\\\1\HliJff/" ,,~\\ " C¡r;,,'I..:,~~ :'.è;>' ."",.'O",; O. ,~/ J i I; to' ;'>¡~.'~~ ¡wr~"'" j ,o,/{~:1 ~ Q"""."'~~~:-i' .,,>' '/,r. f),~ \ ,','C, '//" . ,., :j - ,\"-" "!(!!l/mm;\';\\ . ~~ City Secretary .. '" VOL. 388-127, P. 9 8LK " LOT 8 \ \ \ \ .,,' '" \ \ "(P.l. ...... ........... \ ........... \ -"""""---- ........... ........... "-------- J S 76819'46"[ 11.14' ....... EXHIBIT "A" 15' PERMANENT UTILITY EASEMENT 35' TEMPORARY CONSTRUCTION EASEMENT VOL. 12727, P. 103 PL>' /%".UJNROO / . . ,FOIN> P.o.C. - GEORGE R. STEWART CEDAR OAKS ESTATES VOL. 388-127. P. 9 8LK " LOT 128 / / / / $ Y/ ~ P.l. rh, <'V , '~ ", ,"I'~,1 .... 011",01' g ofiI JO ,. ..~~c9I / \' '\- -\ / / / VOL. 388-127, P. 9 BLK '. LOT 12A V/ / N 00' 59'00"[ ""/ ----- ~.--lf CONSTRUCTION EASa£NT (IN FEET) 1 inch. 40 ft. --- 0 20 40 80 ~ I SURVEYOR'S CERTFICATION t. Eckle L. Cheathcm of CHEATHAM NÐ ASSOCIATES. a Rel.ter.d Prof..e/anat Land Sla-veyor of the State of T e.O8. do hereby cI8c1cre that that the calc:tAatione, graphic depiction and legal cI8.crlpt/0n8 of thI8 'Ul'Vey were properly prepared under my per.anaI aupervllIon from an actual -vey made on the ground. ~'u. ~A."" AJI.¿ - ~ -z. .AI\~ Registered Profe..lonal land Surveyor No. 2346 NOTÈ:: ÆL BEARINGS BASED ON THE SOUTH PROPERTY LINE' CBEATIWI AND ASSOCIATES OF LOT 12B. BLOCK IOF THE CEDAR OAKS ESTATES 1801 B. LAJWt BLVD sumr 200 ADDITION, AS RECORDE:D IN VOL. J88-127. P, 9 ØLlHGTON, 1'BUS 78011 (P.R. T.C. T.). SAID BEARING BEING N 89'O2'W. (817) 548-0888 Metro (817)2811-11838 £444-006 ¡¡, ," EXHIBIT 'B' 15' PERMANENT UTILITY EASEMENT 35' TEMPORARY CONSTRUCTION EASEMENT Field Notes Being a 0.146 acre tract of land in John Childress Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and being a strip of land, over, through, and across Block I, Lot 12B of the Cedar Oaks Estates Addition (Volume 388-127, P.9, (P.R.T.C.T.» and being more particularly described as follows: COMMENCING at a 5/8" iron rod found at the northeast comer of Lot 77 of the Cross Timber Hills Addition, Phase IV, Block 4, said point being in the south property line of said Lot 12B; THENCE THENCE ., THENCE '" THENCE THENCE THENCE THENCE THENCE ~'l G:\OOI-444\444.lgIO8.doc N 82° 02' W, a distance of 9.34 feet to a point for a comer, said point being in the south property line of said Lot 12B, and being the POINT OF BEGINNING; N 89° 02' W, a distance of 16.76 feet along said property line to a point for a comer; N 25° 47' 33" W, a distance of 142.57 feet to a point for a corner, said point being in the west propeliy line of said Lot 12B and in the east property line of Block], Lot 12A of the Cedar Oaks Estates Addition in Volume 388-127, P.9 (P,R.T.C.T.); N 00° 59' 00" E, a distance of 5,04 feet along said property line to a point for a corner; N 4r 54' 06" E, a distance of 276.66 feet to a point for a comer, said point being in the east property line of said Lot 12B and in the east property line of Block I, Lot 8 of the Cedar Oaks Estates Addition in Volume 388-127, P.9 (P.R.T.C.T.); S 76° 19' 46" E, a distance of 18.14 feet along said property line to a point for a comer; S 47° 54' 06" W, a distance of 277.99 feet to a point for a comer; S 25° 47' 33" E, a distance of 142.64 feet to the POINT OF BEGINNING, containing within these metes and bounds 0.] 46 acres or 6,341 square feet, more or less. OFFICIAL RECCf ~~') 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 detel111ined that an easement located in the City of South lake, Tarrant County, Texas, depicted in Exhibit "A" attached hereto and incorporated herein for all purposes, and as more particularly described by metes and bounds as set forth in Exhibit" B" attached hereto and incorporated herein for all purposes (the uParcel"), is not being used by, nor useful or convenient to the public in general¡ therefore, it constitutes J public charge without corresponding public benefit, and the public would be better served and benefited by its vacation and abandonment. A true and correct copy of Resolution 00-86 of the City of Southlake vacating and abandoning the Parcel and authorizing this conveyance is attached hereto as Exhibit "c." For and in consideration of the above findings and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the City of South lake ("Grantor"), a municipality in Tarrant County, Texas, does hereby bargain, sell, release, vacate, abandon, and forever quitclaim unto George R. Stewart ("Grantee"), and its successors and assigns, all of Grantor's right, title, and interest in and to the Parcel. TO HAVE AND TO HOLD all of Grantor's right, title, and interest in and to the Parcel unto the Grantee, its successors and assigns, so that neither Grantor nor its successors or assigns shall have, claim, or demand any right or title to the Parcel or any part thereof. Page 1 cross timber quit claim stewart. doc EXECUTED this 1£ day of ¥ ' 2000. CITY OF SOUTHLAKE By: C/þt ~ Rick Stacy, Mà)1oF STATE OF TEXAS § § COUNTY OF TARRANT § This instrument was acknowledged before me on the /ð day of , 2000, by Rick Stacy, Mayor of the City of Southlake, Texas, a ality, on behalf of said municipality. My co:mi~: h,. ht t,.tlntl- -_J-~ Type or Print Notary's Name Exhibits: A - Map of Parcel B - Legal Description of Parcel C - Vacating and Autllorizing Resolution 00-86 Page 2 cross timber quit claim stewart. doc EXHIBIT "A" 15' PERMANENT UTILITY EASEMENT 35' TEMPORARY CONSTRUCTION EASEMENT VOL. 12727, P. 103 .>, /%" ~ON ROO 1// IN 69'O2'W P.L. 'F0UN>1. Y /T 9..W P.O.C. ~ /:/ i VOL. 388-174. P.57 I BLK 4. LOT 77 --N 69"O2'W ~m P.L. '" /1 GEORGE R. STEWART CEDAR OAKS ESTATES VOL. 388-127, P. 9 BLK 1, LOT 12B \ / / / \ \ \ ."..'18'1 CtlII.O"'" JO"'" fþ, .. ~£i~ VOL. 388-127, P. 9 BLK 1, LOT 8 / / P.L.ý \ , XP.l. / / / VOL. 388-127, P. 9 BLK 1, LOT 12A ~/ / N 00' 59'00"[ '""/ ---- .......... .......... ~---- .......... .......... ""---------- 5 76'19'46"[ 18.14' w wwœy CONSTRUCTION EASÐ£NT '- --- ----- 0 20 40 80 ~ I SURVEYOR'S CERTFICATION I, Edele L. Cheatham of Cl£ATHAM NI) ASSOCIATES, a Regl,tered Profe.lional LC8Id Sw'veyor of the State of TexG8, do hereby declare that that the calculations, graphic depiction C8Id legal ..crlptioM of thi8 ....vey were properly prepared under my pereonal IU)8/"Yl8Ion from an actual_vey made on the ground. . ~ NOTE:: ALL BEARINGS BASED ON THE: SOUTH PROPERTY LINE: , ~ ~ .. OF LOT 12B. BLOCK 10F THE CEDAR OAKS ESTATES ~~ .A.....Il A:A... ~ - ~..... ADDITION, AS RECORDED IN VOL. J88-127, P. 9 Registered Profe..lonoIland Surveyor No. 2346 (P.R. T.C. T.), SAID BEARING BEING N 89. 02'W. ( IN FEET ) 1 inch. 40 ft. CBEATIWI AND ASSOCIATES 1801 I. LAIWt BLVD SUJTI 200 £IILDIGTON. TIUS 78011 (817) M8-08ee Metro (817)2811-11838 E444-006 EXHIBIT 'B' IS' PER..\1ANENT UTILITY EASEMENT 35' TEMPORARY CONSTRUCTION EASEMENT Field Notes Being a 0.146 acre tract of land in John Childress Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and being a strip of land, over, through, and across Block I, Lot 12B of the Cedar Oaks Estates Addition (Volume 388-127, P.9, (P.R.T.c.T.» and being more particularly described as foHows; COMMENCING at a 5/8" iron rod found at the northeast corner of Lot 77 of the Cross Timber Hills Addition, Phase IV, Block 4, said point being in the south property line of said Lot 12B; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE " G IDa 1-4441444-lgI08 doc N 82° 02' W, a distance of 9.34 feet to a point for a corner, said point being in the south property line of said Lot 12B, and being the POINT OF BEGINNING; N 89° 02' W. a distance of 16.76 feet along said property line to a point for a comer; N 25° 47' 33" W, a distance of 142.57 feet to a point for a corner, said point being in the west property line of said Lot 12B and in the east property line of Block I, Lot 12A of the Cedar Oaks Estates Addition in Volume 388-127, P.9 (P.R.T.C'.T.); p; 00° 59' 00" E, a distance of 5.04 feet along said property line to a point for a corner N 4 r 54' 06" E, a distance of 276.66 feet to a point for a comer, said point being in the east property line of said Lot 12B and in the east property line of Block 1. Lot 8 of the Cedar Oaks Estates Addition in Volume 388-127, P,9 (P.RT.CT.); S 76° 19" 46" E, a distance of 18.14 feet along said property line to a point for a comer; S 47° 54' 06" W, a distance of277.99 feet to a point for a comer; S 25° 47' 33" E, a distance of 142,64 feet to the POINT OF BEGINNING, containing within these metes and bounds 0,146 acres or 6,341 square feet, more or less 0200198155 CITY OF SOUTHLAKE 1725 E SOUTHLAKE BLVD SOUTHLAKE TX 76092 -W A R N lNG-THIS IS PART OF THE OFFICIAL RECORO--O 0 NOT 0 EST ROY ~ N D E XED -- TAR RAN T C 0 U N T Y T E X A S S U Z ANN E HEN D 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 ~)O034 9010 REGISTER DR92 RECD-BY D W PRINTED DATE 09/01/2000 TIME 13:07 1 INSTRUMENT FEECD D200198155 WD INDEXED 20000901 TIME 13:07 CG TOTAL: DOCUMENTS: 01 FEES: 25.00 ~... 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. C fÐ'-/? "\ IY'v\ Î"B'i- ~. i:~Ì"J ~. ~4-P-T IS-~Ç OA-K LM£ OFFICIAL RECORD \1 \ ~. ,'-- CITY OF SOUTHLAKE PERMANENT UTILITY EASEMENT TEMPORARY CONSTRUCTION EASEMENT THE STATE OF TEXAS § COUNTY OF TARRANT § KNOW ALL MEN BY THESE PRESENTS: That we, ()~~Oy{ ~ì-~ }:ftü11<-T- , for and in consideration of the sum ofTen ($ i 0) Dollars and bther good and valuable consideration in hand paid by Grantee herein, the receipt and sufficiency of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell and convey to the City of Southlake, Grantee herein, of Tarrant County, Texas a permanent and perpetual easement for the purpose of installing, repairing, maintaining, altering, replacing, relocating, and operating utilities in, into, upon, over, across and under that land in Tarrant County, Texas described as follows, to-wit: Being a permanent utility easement and temporary construction easement, described as follows: See attached Exhibit 'A' for graphic depiction See attached Exhibit 'B' for metes and bounds description together with the right of ingress and egress as necessary for such purposes. TO HAVE AND TO HOLD the above described easement, together with all and singular, the rights and appurtenances thereto, anywise belonging unto the said Grantee, its successors and assigns forever; and We do hereby certify that We are the owners of the property described herein and bind ourselves, our heirs and assigns, to warrant and to forever defend all and singular the premises unto the said Grantee, its successors and assigns, against every person whomsoever lawfully claiming or to claim same or any thereof EXECUTED this the 11 day of ;;¿ tJ7JL} , t9--. _. 7;:- / OJtt JrJ toN SI O~-ì/orJ Fb~ CITLf WIL-L- lN4/VG ~ t5/1~¡'}9 ~A-D -rff6 t3tS ~ e:M- J 'H +-E: Etf3aO PMTlCIPJtTI,cN ~- ~ BEFORE ME, the undersigned authority, on this day personally appeared 6~L/Lll e J!'. .J~Afl known to me to be the persons whose name are subscribed to the foregoing instrument, and acknowledged to me that they executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office on this the 4 day o~. A.D. tf-~ ~ad'L S~ Notary Public in andfor the State of Texas My commission expires: Accepted by the City of South lake, this the ,),Ij day Of~' A,D,1øc& BY~~ C~~1!ï~!ak£, Texas RETURN DOCUMENTS TO: GRANTOR GRANTEE City of Southlake c/o Sandra LeGrand City Secretary 667 N. Carroll Ave. Southlake, TX 76092 EXHIBIT' B' 15' PERMANENT UTILITY EASEMENT 35' TEMPORARY CONSTRUCTION EASEMENT Field Notes Being a 0.159 acre tract of land in John Childress Survey, Abstract No. 253, City of Southlake, Tarrant County, Texas and being a strip of land, over, through, and across Block 1, Lot 12B of the Cedar Oaks Estates Addition (Volume 388-162, P.61, (P.R.T.c.T.)) and being more particularly described as follows: COMMENCING at a 5/8" iron rod found at the northeast corner of Lot 77 of the Cross Timber Hills Addition, Phase IV, Block 4, said point being a south property corner in the south property line of said Lot 12B; THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE THENCE N 01° 07' 13" E, a distance of 8.11 feet to a point for a corner, said point being a south property corner in the south property line of said Lot 12B, the northwest property corner of the Art Janes property in Volume 12727, P.103, and being the POINT OF BEGINNING; N 01 ° 07' 13" E, a distance of 30.92 feet to a point for a corner; N 73° 14' 09" W, a distance of 54.37 feet to a point for a corner; N 36° 47' 23" W a distance of79.30 feet along said property line to a point for a corner, said point being in the west property line of said Lot 12B and in the east propety line of Block 1, Lot 12A of the Cedar Oaks Estates Addition in Volume 388-162, P.61 (P.RT.CT.); N 01 ° 03' 55" E, a distance of 5.84 feet along said property line to a point for a corner; N 48° 10' 49" E, a distance of 289.04 feet to a point for a corner, said point being in the north property line of said Lot 12B and in the south property line of Block 1, Lot 8 of the Cedar Oaks Estates Addition in Volume 388-127, P.9 (P.R.T.C.T.); S 76° 22' 56" E, a distance of 18.21 feet along said property line to a point for a comer; S 48° 10' 49" W, a distance of289.23 feet to a point for a comer; S 36° 47' 23" E, a distance of 64.92 feet to a point for a corner; S 73° 14' 09" E, a distance of60.81 feet to a point for a corner; S 01007' 13" W, a distance of 42.23 feet to a point for a comer, said point THENCE being in the south property line of said Lot 12B and in the north property line of said Art Janes property; N 890 07' 02" W, a distance of 15.00 feet to the POINT OF BEGINNING, containing within these metes and bounds 0.159 acres or 6,923 square feet, more or less. G:\OO 1-444\444-1giO6doc 0200169554 CITY OF SOUTHLAKE 667 N CARROLL AVE SOUTHLAKE, TX 76092 nl 'J ~ -W A R N lNG-THIS IS PART OF THE OFFICIAL RECORO--O 0 NOT DES T 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: C:::ITY OF SOUTHLAKE RECEIPT NO 200312351 REGISTER OR91 RECO-BY JP PRINTED DATE 08/02/2000 TIME 10:03 1 INSTRUMENT FEECD 0200169554 WD INDEXED 20000802 TIME 10:03 CG TOTAL: DOCUMENTS: 01 FEES: 17.00 ~ 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.