1991-029RESOLUTION NO. 91-29
A RESOLUTION VACATING AND ABANDONING A PORTION OF A
20' UTILITY EASEMENT WITHIN LOT 1R, BLOCK B, SOUTHLAKE
BANK PLACE ADDITION IN THE CITY OF SOUTHLAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS
UNNECESSARY FOR USE BY THE PUBLIC; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake 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 Southlake, Texas,
after careful study and consideration, has determined that a
portion of the 20' utility easement located in the Southlake Bank
Place Addition to the City of Southlake, Tarrant County, Texas,
hereinafter more specifically described, is not being used by, nor
useful or convenient to the public in general; therefore, it
constitute a public charge without a corresponding public benefit,
and the public would be better served and benefitted by its
vacation and abandonment. Said 20' utility easement is further
described on the attached exhibits:
EXHIBIT A: Metes and Bounds Description
EXHIBIT B: Graphic Depiction
Further, the attached Exhibit "C" documents the approval of this
abandonment by public utility companies.
1-
EXHIBIT "A"
METES AND BOUNDS DESCRIPTION
FOR A PORTION OF A 20.0 FOOT UTILITY EASEMENT AS SHOWN ON A PLAT
OF SOUTHLAKE BANK PLACE, A SUBDIVISION IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, AS RECORDED IN VOLUME 388-176, PAGE 9, PLAT
RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point in the East line of a utility easement having
a width of 15.0 feet as shown on a plat of Lot 1-R,
Block B, of a revised plat of Southlake Bank Place of
record in Volume 388-181, Page 12, Plat Records, Tarrant
County, Texas, said point being N. 0 degrees 20 minutes
39 seconds W. 144.98 feet and N. 86 degrees 16 minutes
18 seconds E. 15.03 feet from the Southwest corner of
said Lot 1-R, Block B;
THENCE N. 0 degrees 20 minutes 39 seconds W. 20.03 feet to a
point for corner;
THENCE N. 86 degrees 16 minutes 18 seconds E. 142.31 feet to
a point for corner;
THENCE N. 0 degrees 28 minutes 52 seconds W. 157.93 feet to a
point at the Southeasterly corner of a utility easement
having a width of 10.0 feet as shown on said Lot 1-R,
i' Block B;
THENCE N. 89 degrees 59 minutes 15 seconds E. along a line 10.0
feet from and parallel to the most Southerly North line
of said Lot 1-R, 20.0 feet to a point for corner;
THENCE S. 0 degrees 28 minutes 52 seconds E. 176.66 feet to a
point for corner;
THENCE S. 86 degrees 16 minutes 18 seconds W. 162.40 feet to the
POINT OF BEGINNING.
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EXHIBIT B
GRAPHIC DEPICTION
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affected by the 100 year flood plain.
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EXHIBIT C
UTILITY COMPANY APPROVALS
We, the undersigned, as duly authorized representatives of the
following utility companies, hereby express no objection to the
vacation and abandonment of the 20' utility easement as described
on the attached exhibits.
SIGNED: W oGi••
TU ELECTRIC
PRINTED NAME: %¢.r J4-ve4 woo ov i
TITLE: CyS4 Svc
SIGNED:
GENERAL
PRINTED
TELEPHONE
NAME: DA L LLSEif'
TITLE:
SIGNED: it)
LONE STAR GAS
PRINTED NAME:
TITLE:
l
SIGNED:
TRI-COUNTY ELECTRIC jOOP
PRINTED NAME: 11 A /C V % li MV I E-4.'
TITLE: 5G1PC9Av71 S N i.
4-
DATE:
DATE:
DATE: 512Vg1
DATE:
r / /
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION I
The portions of the 20' utility easement , as described
herein, are not being used by, nor useful or convenient to the
public in general. They constitute a public charge without a
corresponding benefit, and the public would be better served and
benefitted by their vacation and abandonment. Accordingly, the
above described portion of the 20' utility easement relating
to Lot 1R, Block B, Southlake Bank Place Addition to the city of
Southlake, Tarrant County, Texas, is hereby vacated and abandoned
as public property and such area so abandoned shall revert in fee
simple to the owner of the remainder of Lot 1R, Block B, of said
addition.
SECTION 3
This resolution shall be in full force and effect from and
after its passage as provided by law.
PASSED AND APPROVED ON THIS DAY OF
1991.
APPROVED AS TO FORM AND LEGALITY:
C.. Aj
City Attorney
Date: 11 ,/ i /9'q
ADOPTED: ' 1-
EFFECTIVE: A -v
AOR
A ST•
ITY SECRETARY
5-
QUITCLAIM DEED
STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That the City Council of the City of Southlake, County of
Tarrant, State of Texas, after careful study and consideration, has
determined that a certain utility easement located in Lot 1R,
Block B, Southlake Bank Place, Addition, hereinafter specifically
described, 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 Southlake does hereby bargain,
sell, release, vacate, abandon and forever quitclaim unto:
Foxmever Corporation and any and all of its heirs, legal
representatives or assigns, all of its right, title, and interest
in and to the following described real property situated in Tarrant
County, Texas, to wit:
See Exhibit A: Legal description
See,Exhibit B: Graphic depiction
TO HAVE AND TO HOLD all of its right, title and interest in and to
the above described utility easement unto the said Grantee, its
MAN
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EZBIBIT "A"
METES AND BOUNDS DESCRIPTION,
FOR A PORTION OF A 20.0 FOOT UTILITY EASEMENT AS SHOWN ON A PLAT
OF SOUTHLFiKE BANK PLACE, A SUBDIVISION IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS, AS RECORDED IN VOLUME 388-176, PAGE 9, PLAT
RECORDS, TARRANT COUNTY, TEXAS, SAID PORTION BEING MORE
PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS:
BEGINNING at a point in the East line of a utility -easement having
a width of 15.0 feet as shown on a plat of Lot 1-R,
Block B, of a revised plat of Southlake Bank Place of
record in Volume 388-181, Page 12, Plat Records, Tarrant
County, Texas, said point being N. 0 degrees 20 minutes
39 seconds W. 144.98 feet and N. 86 degrees 16 minutes
18 seconds E. 15.03 feet from the Southwest corner of
said Lot 1-R, Block B;
THENCE N. 0 degrees 20 minutes 39 seconds W. 20.03 feet to a
2-
point for corner;
THENCE N. 86 degrees 16 minutes 18 seconds E. 142.31 feet to
a point for corner;
THENCE N. 0 degrees 28 minutes 52 seconds W. 157.93 feet to a
point at the Southeasterly corner of a utility easement
having a width of 10.0 feet as shown on said Lot 1-R,
Block B;
THENCE N. 89 degrees 59 minutes 15 seconds E. along a line 10.0
feet from and parallel to the most Southerly North line
of said Lot 1-R, 20.0 feet to a point for corner;
THENCE S. 0 degrees 28 minutes 52 seconds E. 176.66 feet to a
point for corner;
THENCE S. 86 degrees 16 minutes 18 seconds W. 162.40 feet to the
POINT OF BEGINNING.
2-
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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 utility easement, premises or
appurtenances or any part thereof.
EXECUTED this lo day of / 19 q1
CITY OF
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By:
yor bear ;Fickis
el
STATE OF TEXAS
COUNTY OF TARRANT
This instrument was acknowledged before me on the /I-)- day
of
1 1991, by Gary Fickes, Mayor of the
City of Southlake, Texas, a municipality, on behalf of said
municipality.
Cn
46tary Public in and for the
State of Texas
My Commission Expires:
q Type or Print Notary's Name