1998-016RESOLUTION NO. 98-16
A RESOLUTION VACATING AND ABANDONING A TEMPORARY
CONSTRUCTION EASEMENT IN LOTS 5 & 6, BLOCK 6, DIAMOND
CIRCLE ESTATES ADDITION, 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 O` -INERSHIP, INTEREST OR CONTROL
OF SAID UTILITY EASEMENT AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City of Southlake is a home rule city acting under its 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 temporary construction easement has been previously dedicated to the
City of Southlake by the owner of Lots 5 & 6, Block 6, Diamond Circle Estates Addition to the
City of Southlake, Tarrant County, Texas.
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the temporary construction easement located in Lots 5 & 6,
Block 6, Diamond Circle Estates Addition (the "Construction Easement") are 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 benefited by its vacation and
abandonment. Said Construction Easement is more specifically described on the attached
exhibits:
EXHIBIT A: Graphic Depiction
EXHIBIT B: Legal Description
WHEREAS, in order to remove any question as to the continued interest or ownership of
the public in said Construction Easement, the City desires to execute a Quitclaim Deed releasing
all title. ownership and control in said easements to the owner or owners of Lots 5 & 6. Block 6.
Diamond Circle Estates Addition. NOW, THEREFORE, BE IT RESOLVED BY THE
CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The Construction Easements, as described herein. are not being used bv, 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 benefited by its vacation and abandonment.
Accordingly the above described construction easement, located on Lots 5 & 6, Block 6.
Diamond Circle Estates Addition to the City of Southlake, Tarrant County, Texas, are hereby
vacated and abandoned as public property and such area shall revert in fee simple to the owner of
Lots 5 & 6, Block 6, Diamond Circle 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 the 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.
law.
SECTION 3
This resolution shall be in full force and effect from and after its passage as provided by
PASSED AND APPROVED ON THIS , DAY 01)9442A) , 1998.
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OF MAYOR
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CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
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City Attorney
Date: AA
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QUITCLAIM DEED
STATE OF TEXAS §
KNONY ALL HIEN 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 construction easement located in Lots 5 &
6. Block 6, Diamond Circle 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: Frank Putt and any and all of its 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': Graphic Depiction
See Exhibit 'B': Legal Description
TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility
easements unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its
heirs. legal representatives of assigns shall have, claim of demand any right or title to the
aforesaid construction easement premises or appurtenances or any part thereof.
Executed this the day of , 1998.
CITY OF SOUTHLAKE 0
By:
CK STACY, Mayor
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared RICK STACY, Mayor
of the City of Southlake. known to me to be the person whose name is subscribed to the
foretzoing instrument. and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN U" HAND AND SEAL OF OFFICE this the day of
1998.
W*X
Notary Public in and for the State of Texas
SANDRA L. LeGRANDrr
Notary PublicMycommissionexpires: °'
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Return to:
City Secretary
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
Grantee:
Frank Putt
2 Palmetto Court
Trophy Club, Texas 76262