1993-008RESOLUTION NO. Nd
A RESOLUTION VACATING AND ABANDONING A 30' PUBLIC
ACCESS AND UTILITY EASEMENT IN THE CITY OF SOUTHLAXk"',
TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY
IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING
THE MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A
QUIT CLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST
OR CONTROL OF SAID 30' PUBLIC ACCESS AND UTILITY
AND PROWDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting
under its charter adopted by the electorate pursuant to Article X.I,
Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, a 30' Public Access and Utility Easement has
previously been dedicated to the City of Southlake by the owner of
Lot 13, Block 1 , of the Cedar Oaks Estates Addition to the
City of Southlake, Tarrant County, Texas.
WHEREAS, the City Council of the City of Southlake Texas,
after careful study and consideration, has determined that the
30' Public Access and Utility Easement located in Lot 13, Block 1
of the Cedar Oaks Estates 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 benefitted by its vacation and
abandonment. Said 30' Public Access and Utility Easement is more
specifically 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-
WHEREAS, in order to remove any question as to the
continued interest or ownership of the public in said 30' Public
Access and Utility Easement, the City desires to execute a Quit
Claim Deed releasing all title, ownership and control in said
easement to the owper or owners of said Lot 13, Block 1,
Cedar Oaks Estates Addition.
2-
EXHIBIT A
I METES AND BOUNDS DESCRIPTION
E/
LEGAL DESCRIPTION
BEING a 30 foot wide strip of land off the east line of Lot
13 Block 1 of Cedar Oaks Estates in the City of Southlake,
Tarrant County, Texas as recorded in Volume 388 — 127, Page
9 of the Plat Records of Tarrant County, Texas:
BEGINNING at the northeast corner of said lot 13, same being
in the southeast line of Oak Lane;
THENCE S 00059' W along the said east line of lot 13 for
358.70 feet to the southeast corner of said lot 13 which is
in the south line of said Cedar Oaks Estates;
THENCE N 89002' W along said south line for 30.00 feet;
THENCE N 00°59' E for 368.71 feet to a point in the said
southeast line of Oak Lane, same being in a curve to the
left having a central angle of 36°52'12" a radius of 50.00
feet and a long chord bearing and distance of S 70034'54" E
for 31.62 feet;
THENCE Southeasterly along said curve for an arc length of
32.18 feet to the POINT OF BEGINNING and CONTAINING 10,857
square feet or 0.249 acres of land more or less.
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DONALD S PEEBLES
2437 r Q
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EXHIBIT B
s S GRAPH'IC:;DEPICTION
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DONALD S. PEEBLES
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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 30' Public Access and Utility as
described on the attached exhibits.
SIGNED: e + i (, o DATE:
T.U. ELECTRIC
n
PRINTED NAME: ny t C.F C ".I A
TITLE: 'bISTR\2ALTjor l PLAA)vJEA-
S I GNE W-- G,(if( / DATE:
G.T.E. SOUTHWEST, INC. _
PRINTED NAME: se14rk
TITLE: 0A 2A'lZo,4,U SU,41 — OSQ
SIGNED:
LONE STAR GAS COMPANY
PRINTED NAME: '5a7dt)
TITLE: '5r l_4 SS r,
SIGNED: %
TRI -COUNTY ELECTRrC INC.
PRINTED NAME: W V ;,t) vaa'
TITLE: eel,67- G eN r zo<r1nA)
5-
DATE:
J'/ 93
e' - U
3
DATE: /'' (' q--)-
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The 30' Public Access and Utility Easement, as described
herein, is notbeing 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 benefitted by
its vacation and abandonment. Accordingly, the above described 30'
Public Access and Utility Easement, located on Lot 13, Block 1,
Cedar Oaks Estates 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 13, Block 1, Cedar Oaks Estates Addition.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby
authorized and empowered to execute a quitclaim deed releasing all
claims to title, ownership, or control of the utility easement on
behalf of the City of Southlake, Texas. 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 3
This resolution shall be in full force and effect from and
after its passage as provided by law.
PASSED AND APPROVED ON THIS /q
19V—.
RM v i N L q,rF''
y
APPROVED AS TO FORM AND LEGALITY:
1A J Y ,
City A torney
Date:
ADOPTED:*Iq ) /100
EFFECTIVE• G
7-
DAY OF / ,
MAYOR /
ATTEST:
AITY SECRETARY
i STATE OF TEXAS
i
i
COUNTY OF TARRANT
QUITCLAIM DEED
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 a certain 30'Public and Access Easement located in
Lot 13, Block 1, Cedar Oaks Estates 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: John Scott Johnson and Jeanne E.
Johnson 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 30' Public Access and Utility Easement unto the
said Grantee, its 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 30' Public
Access and Utility Easement premises or appurtenances or any part
thereof.
EXECUTED this day of
U,
19 /3 .
CITY OFI
100) ed
By:
Mayof GaryCPT'ck
STATE OF TEXAS
i
COUNTY OF TARRANT
This instrument was acknowledged before me on the U day
of QpLuo`4 1993, by Gary Fickes, Mayor of the
V
City of Southlake, Texas, a municipality, on behalf of said
municipality.
SANDRA L. LeGRAND =
Notary Public _
STATE OF TEXAS - Motary Public in and for theMyComm. Exp. 02/04193 State /of Tex//as
My Commission Expires: W -O X ,
Type or Print Notary's Name
GRANTEES ADDRESS:
John and Jeanne Johnson
1500 Oak Lane
Southlake, Texas 76092
RETURN TO:
Office of the City Secretary
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092