1995-037RESOLUTION NO. 95-37
A RESOLUTION VACATING AND ABANDONING A PORTION OF A VARIABLE
WIDTH DRAINAGE EASEMENT, IN THE CITY OF SOUTHLAKE, 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 VARIABLE WIDTH DRAINAGE
EASEMENT 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, a variable width drainage easement has previously been dedicated to the City
of Southlake by the previous 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 variable width drainage easement located on property
owned by Michael Buchanan in accordance with the deed recorded in Vol. 388-213, Page 37,
DRTCT is not being used by, nor useful or convenient to the public in general; therefore, it
constitutes a public charge without a corresponding benefit, and the public would be better
served and benefitted by its vacation and abandonment. Said variable width drainage easement
is more specifically described on the attached exhibits:
Exhibit A: Metes and Bounds Description
Exhibit B: Graphic Depiction
Whereas, in order to remove any question as to the continued interest or ownership of the
public in said variable width drainage easement, the City desires to execute a Quit Claim Deed
releasing all title, ownership and control in said easement to the owner of the property recorded
in Vol. 388-213, Page 37, DRTCT. and his heirs, and assigns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The variable width drainage easement, as described herein, is not being 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 variable width drainage easement located on
property owned by Michael Buchanan in accordance with the deed recorded in Vol. 388-213,
Page 37, DRTCT, 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 said property.
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 drainage
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 M day of
1995.
pnuua ry,
9
Attest:
m=
4L
g'
t'`' City Secretary
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 portion of a certain variable width drainase
easement located on a tract of land recorded in Vol. 3$5-213. Paee 37. DRTCT. 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: Michael Buchanan and any and all of his heirs, legal representatives of
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
portion of the variable width drainaee easement unto the said Grantee, his heirs and assigns forever,
so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim or demand any
right or title to the aforesaid variable width drainage easement, premises or appurtenances or any part
thereof.
Executed this the /I day of .1995.
CITY OF SOUTHL
By:
Gary Fickes, Mayor
1
BEFORE ME, the undersigned authority, on this day personally appeared GARY FICKES, Mayor
of the City of Southlake, known to me to be the person whose name is subscribed to the foregoing
instrument, and acknowledged to me that he executed the same for the purposes and consideration
therein expressed.
GIVEN UNDER MY HAND AND SES.®Al(3B,kJCE this the day of 1995.
g0 U Ty,,
Aa M
Sandra LeGrand, City Secretary 4, co
Grantee Address: Return to:
for ms\quitclaim.frm
City Secretary
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
2
0
Exhibit A W&A #95050
August 22, 1995
METES AND BOUNDS DESCRIPTION
FLOODWAY AND DRAINAGE EASEMENT
BEING 4,464 square feet of land located in the JAMES L. CHIVERS SURVEY,
Abstract No. 348, Tarrant County, Texas and being a portion of that certain
Floodway and Drainage Easement located in Lot 1, Block D, Quail Creek
Estates, Section 11, an addition to the City of Southlake, Texas, according to the
plat recorded in Volume 388-213, Page 37, of the Plat Records of Tarrant
County, Texas and more particularly described by metes and bounds as follows;
COMMENCING at the Northeast corner of said Lot 1, lying in the South right-of-
way line of Quail Run Road (a 60 -foot -wide right-of-way);
THENCE S 89* 3936" W, 50.37 feet along said right-of-way to the PLACE OF
BEGINNING of the tract herein described, said point being in the West line of a
50 -foot -wide Drainage and Utility Easement according to said plat;
THENCE S 060 35' 49" W. 179.34 feet along the West line of said 50 -foot -wide
Easement, to a point at its intersection with the North line of an 80 -foot -wide
Floodway, Drainage and Utility Easement according to said plat;
THENCE S 820 52' 36" W, 51.24 feet along the North line of said 80 -foot -wide
Easement to a point at its intersection with the West line of subject Floodway
and Drainage Easement;
THENCE N 210 10' 10" E, 197.86 feet along the West line of subject Floodway
and Drainage Easement to the PLACE OF BEGINNING, containing 4,464
square feet of land.
JOHN P. WIER, R.P.L.S.
STATE OF TEXAS NO. 2296
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Huntwick Estates
vOl. 388-174, pg. 17
The most southwest cornerblock A P.R.T.C.T.
of the Ouail Creek Estates
addition, vol. 388-18. pg. 92
U)
UJJ 1poVMY 4 7;'RAI)VA 6e5 55MT;
Chase & F. Bell Wife
vol. 4558. pg. 153
11
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D.R.T.C.T.
rORNERS SET: