1998-003r --
RESOLUTION NO. 98-3
A RESOLUTION VACATING AND ABANDONING A 25 FOOT 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 QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP,
INTEREST OR CONTROL OF SAID DRAINAGE EASEMENT AND
PROVIDING FOR 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, a 25 foot 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, Texas, after careful study and
consideration, has determined that the 25 foot drainage easement located in property owned by
Michael and Marilyn Gokey (Lot 6, Hudson Bay Estates) in accordance with the deed recorded in
Vol. 388-139, Page 48, P.R.T.C.T., 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. Said 25 foot 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 25 foot drainage easement, the City desires to execute a Quitclaim Deed releasing
Lot 6, Hudson Bay Estates) all title, ownership and control in said easement to the owner or owners
of the property recorded in Vol. 388-139, Page 48, P.R.T.C.T. and their heir and assigns.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
The 25 foot 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 25 foot drainage easement located in property owned by Michael and Marilyn
Gokey (Lot 6, Hudson Bay Estates) in accordance with the deed recorded in Vol. 388-139, Page 48,
P.R.T.C.T., 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
6, Hudson Bay Estates.
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 this the —— day of , 1998.
CITY OF SOUTHLAKE, TEXAS
Rick Stacy, Mayor
APPROVED AS TO FORM AND LEGALITY:
6
City Attorney
Date
Adopted: kdjy
Effective:W4
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Exhibit 'B'
Existing 25 foot Drainage Easement
to be Abandoned
in
Lot 6, Hudson Bay Estates
Southlake, Tarrant county, Texas
Being a description for the abandonment of the southerly 25 foot
portion of an existing drainage esasement across Lot 6, Hudson Bay
Estates, an addition to the city of Southlake, Tarrant County,
Texas as recorded in Volume 388-139, Page 48, Plat Records, Tarrant
County, Texas (P. R. T.Co. , Tx. ) and being more particularly desribed
by metes and bounds as follows:
BEGINNING at a point in the common South line of said Lot 6 and
the north right-of-way of Burney 'Lane, said point bears North 89
degrees 53 minutes 53 seconds West, 152.38 feet along said common
line from the southeast corner of said Lot 6;
THENCE along said common line North 89 degrees 53 minutes 53
seconds West, 25.00 feet to a point;
THENCE departing said Burney lane and common line North 00 degrees
06 seconds 07 seconds East, 4.8.20 feet to a point in the south line
of the existing drainage easement;
THENCE North 88 degrees 49 minutes 35 seconds East, 25.01 feet to
a point on said south line;
THENCE departing said south line South 00 degrees 06 minutes 07
seconds West, 48.76 feet to the Point of Beginning and containing
1,212 square feet.
3
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ELI LOT 6
HUDSON BAY ESTATES- /
VOL 388-139, PG. 48 /
P.R.,T.CO..TX. /
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DRAINAGE EASEIIENT TO BE ABANDONED• •.....
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BURNEY LANE Rcxror were; N 89W'53* W P O B
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EXHIBIT "A"
shoring
EXISTING 25 FT. DRAINAGE EASEMENT TO BE ABANDONED
in
Orig+nal Scale 1" = 100' LOT SIX
0 50 100 200 HUDSON BAY ESTATES
an addition to the City of
Graphic Scale in Feet SOUTHLAKE, TARRANT COUNTY, TEXAS
as recorded in
VOLUME 388-139, PAGE 48, P.R.,T.Co.,TX.
4 DECEMBER 1, 1997
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PUBLIC DRAINAGE EASEMENT
OFFICIAL RECORD
THE STATE OF TEXAS )(
KNOW ALL MEN BY THESE PRESENT:
COUNTY OF TARRANT )(
That We, MICHAEL AND MARILYN GOKEY ("Grantor"), for and in
consideration of the sum of Ten ($10.00) Dollars and other good and valuable
consideration in hand paid by Grantee, the receipt and sufficiency of which is
hereby acknowledged and confessed, have granted, sold and. conveyed, and by
these presents do grant, sell and convey to the CITY OF SOUTHLAKE
Grantee"), of Tarrant and Denton Counties, Texas a permanent and perpetual
easement for the purposes of installing, repairing, maintaining, altering, replacing,
relocating, and operating a reinforced concrete box culvert in, into, upon, over,
across, and under that land in Tarrant County, Texas described as follows, to -wit:
A non-exclusive 15 foot wide permanent Public Drainage
Easement as more particularly shown on Exhibit "A" and
described on Exhibit "B" attached hereto, with the right of
ingress and egress as necessary for such purposes.
Grantor covenants and agrees that Grantee shall have the right to excavate
and fill upon said permanent easement and to remove from said permanent
easement, any fences, buildings, or other obstructions as may now be found upon
said permanent easement.
Grantor covenants and agrees that Grantor and Grantor's heirs,
representatives, successors and assigns shall at no time erect, place or construct, or
cause to be erected, placed or constructed any temporary or permanent structure
in, into, upon, over, across or under any easements granted herein.
O
0
TO HAVE AND TO HOLD the above described permanent easement
forever and together with all and singular, the rights and appurtenances thereto,
anywise belonging unto Grantee, its successors and assigns; and We do hereby
bind ourselves, our heirs and assigns, to warrant and to forever defend all and
singular the premises unto the said Grantee, its successors and assigns, against
every person whomsoever lawfully claiming or to claim same or any part thereof.
EXECUTED this the 1 —2- day of
GRANTOR:
Mi ael Gokey
Y
Marily Gokey
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authori y n this day personally appeared
M (, !p Y /11,44fV /nown to me to be the
person(s) whose name(s) is(are) subscribed to the abovand foregoing instrument,
and acknowledged to me that he/she/they/ executed the same for the purposes and
consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE on this the
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day;.of, , 19
Notary Publi _ a
Commission expires: -C4 l
F h`,
ACCXPTED by
CITY OF SOUTHLAKE ADMINISTRATIVE OFFICES
OFFICE OF CITY SECRETARY
1725 E. SOUTHLAKE BLVD.
SOUTHL.AI!E, TEXAS 76092
the Ci,tj of Southlake on this the
19_L;r.
MAYO
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If PROPOSED 15' DRAINAGE EASEMENT••W
17N
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8 I I ABA NUONED 25' DRAINA(',E EASEMENT
Gn I
N 89153'53 w - — — — — — — —
x—x—x—x—x— 376,06• X R
v _ .. .. ..
gyp' I r rfOOEOF,`.
N 8933 b WAsrliALi P.O.B.— ... .. BURNEY LANE RIGHT OF WAV•:,
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Original Scale : 1” = 100'
0 50 100 200
Graphic Scale in Feet
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EXHIBIT "A"
showing
PROPOSED 15 FT. DRAINAGE EASEMENT
in
LOT SIX
HUDSON BAY ESTATES
an addition to the City of
SOUTHLAKE, TARRANT COUNTY, TEXAS
as recorded in
VOLUME 388-139, PAGE 48, P.R.,T.Co.,TX.
DECEMBER 1. 1997
C —
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x--x—x—x—x—.-x—x—x—><-_
x1—x—x—x I
II
W LOT 6
HUDSON BAY ESTATES'
VOL 388-139, PG 48
Q P R.,T.CO ,TX
cj
S 75bJISZs E DRAINAGEEASEMENT
If PROPOSED 15' DRAINAGE EASEMENT••W
17N
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r----------1Wpr: ...,.:.I.........
8 I I ABA NUONED 25' DRAINA(',E EASEMENT
Gn I
N 89153'53 w - — — — — — — —
x—x—x—x—x— 376,06• X R
v _ .. .. ..
gyp' I r rfOOEOF,`.
N 8933 b WAsrliALi P.O.B.— ... .. BURNEY LANE RIGHT OF WAV•:,
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Original Scale : 1” = 100'
0 50 100 200
Graphic Scale in Feet
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EXHIBIT "A"
showing
PROPOSED 15 FT. DRAINAGE EASEMENT
in
LOT SIX
HUDSON BAY ESTATES
an addition to the City of
SOUTHLAKE, TARRANT COUNTY, TEXAS
as recorded in
VOLUME 388-139, PAGE 48, P.R.,T.Co.,TX.
DECEMBER 1. 1997
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1
Exhibit 'B'
Proposed 15 Foot Drainage Easement
in
Lot 6, Hudson Bay Estates
Southlake, Tarrant County, Texas
Being a description of a 15 foot drainage easement across Lot 6,
Hudson Bay Estates, an addition to the city of Southlake, Tarrant
County, Texas as recorded in Volume 388-139, Page 48, Plat Records,
Tarrant County, Texas (P.R.T.Co.,Tx.) and being more particularly
desribed by metes and bounds as follows:
BEGINNING at a point in the common South line of said Lot 6 and
the north right-of-way of Burney Lane, said point bears North 89
degrees 53 minutes 53 seconds West, 376.06 feet along said common
line from the southeast corner of said Lot 6;
THENCE along said common line North 89 degrees 53 minutes 53
seconds West, 15.00 feet to a point;
THENCE departing said Burney Lane and common line North 00 degrees
05 minutes 23 seconds East 81.93 feet to a point in the south line
of the existing drainage easement across Lot 6;
THENCE along said south drainage easement line South 75 degrees 03
minutes 15 seconds East, 15.52 feet to a point;
THENCE departing said south drainage easement line South 00 degrees
05 minutes 23 seconds West 77.95 feet to the point of beginning and
containing 1,199 square feet.
r
D198009301
CITY OF SOUTHLAKE
C/O SANDRA LEGRAND
667 N CARROLL AVE
SOUTHLAKE TX 76092
W A R N I N G -THIS IS PART OF THE OFFICIAL RECORD --D 0 N 0 T D E S T R O Y
INDEXED -- TARRANT COUNTY TEXAS
S U Z A N N E H E N D E R S 0 N-- COUNTY CLERK
O F F I C I A L R E C E I P T
T 0: CITY OF SOUTHLAKE
RECEIPT NO REGISTER RECD -BY PRINTED DATE TIME
198087904 DR96 T003957 01/15/98 11:39
INSTRUMENT FEECD
1 D198009301 WD
T O T A L: DOCUMENTS: 01
INDEXED TIME
980115 11:39 CG
F E E S: 15.00
B Y:
ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.