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1238 Ordinance No. 1238 ORDINANCE NO. 1238 AN ORDINANCE VACATING AND ABANDONING FIVE SQUARE FEET OF AN EASEMENT ON LOT 20R, BLOCK 1 OF THE H. GRANBERRY SURVEY ABSTRACT NO. 581 OF THE TARRANT COUNTY RECORDS, LOCATED IN THE CITY OF SOUTHLAKE; DECLARING THAT FIVE SQUARE FEET OF SUCH EASEMENT IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE EASEMENTS; 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, the City Council of the City of Southlake, after careful study and consideration, has determined that the portion of the easement, located in the City of Southlake, recorded in Instrument No. D219189742 is not being used by, nor useful or convenient to the public in general; therefore, it 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 easements, the City desires to execute a quitclaim deed releasing all title and control in said easement to the owners of the property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE,TEXAS: SECTION 1 A five square foot portion of the drainage easement located on Lot 20R, Block 1 of the H. Granberry Survey in the City of Southlake, more specifically described in the county records in Instrument No. D219189742. The easement records attached hereto and incorporated herein for all purposes, are not being used by, nor useful or convenient to the public in general and the public would be better served and benefited by their vacation and abandoned as public easements. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute quitclaim deed for the above mentioned property in Section 1 to the following entity: Southlake Commons, LP. 1 Ordinance No. 1238 SECTION 3 Copies of said quitclaim deeds 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 its passage, and it so ordained. 2 Ordinance No. 1238 PASSED AND APPROVED ON FIRST READING ON THIS f4% DAY OF 1,04e.AA,Zl , 2020. r \N\L------ ,, ```��ittttei,rr,MAY . . C44\ ..�N`A KF T,''. �0. % NEST: ( ( 410AJ \-,_... C • Y . ' TA' ii ittttt PASSED AND APPROVED ON SECOND READING ON THIS i5.- DAY OF De c,i.,„,,bc - ,2020 % :\\... , ,:, ' ) ```` /AL , LA CAllt OJ\NL ,TF AYO V co. �'A3T' EST: _' -A �;.•% 4\\\\k ,,,����",tt„*`0. ITY S 'j • RY/.` ICIA RICHARDSON EFFECTIVE: 12 t tt` 20 A PROVED AS TO FORM AND LEGALITY: I 1 i , ',Aiii l /, M. TY ATTORNE 3