1995-028 (2)RESOLUTION NO. 95-28
N VACATING AND ABANDONING TWO 10 -FOOT
UTILITY EASEMENTS, 1N THE CITY OF SUUTHLAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH PROPERTIES ARE
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE RELEASES OF
EASEMENT RELEASING PUBLIC OWNERSHIP, INTEREST AND
CONTROL OF SAID TWO 10 -FOOT UTILITY EASEMENTS AND
PROVIDING FOR AN EFFECTIVE DATE.
Whereas, the City of Southlake is a home rule city acting under it's
charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
Whereas, two 10 -foot utility easements have previously been dedicated to
the City of Southlake by the owner of the affected property in the City of
Southlake, Tarrant County, Texas
Whereas, the City Council of the City of Southlake, after careful study
and consideration, has determined that said two 10 -foot utility easements located
on property owned by F.L. and Dorothy Bailey in accordance with the deed
recorded in Vol. 2956, Page 246 Deed Records, Tarrant County, Texas are not
being used by, nor useful or convenient to the public in general; therefore, they
constitute a public charge without a corresponding benefit, and the public would
be better served and benefitted by their vacation and abandonment. Said utility
easements are more specifically described as follows: being a strip of land across
the tract referred to above, ten (10) feet in width, with the Grantee herein being
hereby authorized to designate the course of the easement herein conveyed, except
that when the pipe line is installed, the easement herein granted shall be limited to
a strip of land ten (10) feet in width, with the center line thereof being the pipe
line as installed as recorded in Volume 4217, Page 157 in the Deed Records of
Tarrant County, Texas; and being a strip of land across the tract referred to above,
ten (10) feet in width, with the Grantee herein being hereby authorized to
designate the course of the easement herein conveyed, except that when the pipe
line is installed, the easement herein granted shall be limited to a strip of land ten
10) feet in width, with the center line thereof being the pipe line as installed as
recorded in Volume 5752, Page 46 in the Deed Records of Tarrant County, Texas.
Whereas, in order to remove any question as to the continued interest or
ownership of the public in the said two 10 -foot utility easements, the City desires
to execute two Releases of Easement releasing all title, ownership and control in
said easements to the owner of the property recorded in the Deed Records of
Tarrant County, Texas, and his heirs, and assigns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL
OF THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The two 10 -foot utility easements, 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
two 10 -foot utility easements located on property owned by F.L. and Dorothy
Bailey in accordance with the deed recorded in Volume 2956, Page 246 of the
Deed Records of Tarrant County, Texas are hereby vacated and abandoned as
public property and such areas so abandoned shall revert in fee simple to the
owner of the remainder of said property.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and
empowered to execute Releases of Easement releasing all claims to title,
ownership, or control of the two 10 -foot utility easements on behalf of the City of
Southlake, Texas. A copy of said Releases of Easement 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 day of &W,1W
1995.
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Mayor V
Attest:
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City Secretary
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