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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. 2- w 0 w rte. J J 1 U \ I I I I ,rluil lYv,{s Y/rNrMi 1 I 1 I K t I I 3N, ,rMf r -_ •_r!< <•,,,,,, ,.,,, 1 i l i l i i i I 1 i i i l l l l ssa•sa'=Cr ssa.so LOT 5 EX/+/iBir sf,Owi l/G Fb.2 riot/ pF 2p'!/r/L/Ty EA3CMCUT Reozle.srF4 ro B6 Y,9C.4reo M0T[+ Accordin8 to the FIRM Community !anal No. 480612 002U 6, this lot is not affected by the 100 year flood plain. 3- N I, I :II.171 r EXHIBIT B GRAPHIC DEPICTION KE BLVD p, li:•Ir.. a. OUTH 17, V='rr s• I L= TT1o'C I%G T— a I --J--- ---- 7---_ N LOT 2R I ---t--- ----- -T- o 1/ Fr— i •. fy...rYI. - 110.1 ..... s:S sC to.o I I I _ I V i v SCALL[ 1'r40• NJ 0it M I til 1. IN I MI 4t 10 Qea to Ih N Q M II I a U) u1 j la:ssls.r.l,ias•..I v ee_•c'i — — S•c••. LOT I R Jr J '_--• 0iu. I ,. vK 3N-IU M - i /o.ur o/Oe6iwryG m I roe asti•evrrn o W I t` I W 1 W I /IJ )f V.—f w 0 w rte. J J 1 U \ I I I I ,rluil lYv,{s Y/rNrMi 1 I 1 I K t I I 3N, ,rMf r -_ •_r!< <•,,,,,, ,.,,, 1 i l i l i i i I 1 i i i l l l l ssa•sa'=Cr ssa.so LOT 5 EX/+/iBir sf,Owi l/G Fb.2 riot/ pF 2p'!/r/L/Ty EA3CMCUT Reozle.srF4 ro B6 Y,9C.4reo M0T[+ Accordin8 to the FIRM Community !anal No. 480612 002U 6, this lot is not affected by the 100 year flood plain. 3- N I .Z' 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 r r Cj 111 J111: W'AlcrTjrr+ 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- LOT I BLOCK A COMMERCE BUSINESS PARK L 00 10' 39' W 441. 16 /-- mal------ y------ NL a1* --------- 1------ ----------- ---- t " E I''+ t I I I ! II fs ti la! I t 1 1 1 f 0a, act " I ' llil b, f% ri ti 1; hI_: vp_ s•,_ v. sss__.: o rd 0. Sf in •. 1 it • n, G S RANK STRFFT 1960 l.C.• Sf•. ra• t 10. 19 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 w 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