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1998-022IA OFFICIAL RECORD RESOLUTION NO. 98-22 A RESOLUTION VACATING AND ABANDONING UTILITY EASEMENT IN LOT 29, BLOCK 53, TIMARRON, NORTHWOOD PARK, PHASE I, 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 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, utility easement has been previously dedicated to the City of Southlake by the owner of Lot 29, Block 53 in Timarron Addition, Northwood Park, Phase I 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 utility easement located in Lot 29, Block 53 in Timarron Addition, Northwood Park, Phase I (the "Utility Easement") 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 Utility Easement is more specifically described on the attached exhibit: EXHIBIT A: Legal Description (sheet 1 of 2) Graphic Depiction (sheet 2 of 2) WHEREAS, in order to remove any question as to the continued interest or ownership of r:ISpr c _nom- TIE F:- ' l 1i_i ENVELGi) (CNLC) jr' LF, SZIrJ ( COrL LEl'1L:'; SUBMITTER) (QTZ St 14L- the public in said Utility Easement, the City desires to execute a Quitclaim Deed releasing all title, ownership and control in said easement to the owner or owners of Lot 29, Block 53 in Timarron Addition, Northwood Park, Phase I. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The Utility 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 utility easement, located on Lot 29, Block 53 in Timarron Addition, Northwood Park, Phase I to the City of Southlake, Tarrant County, Texas, is hereby vacated and abandoned as public property and such area shall revert in fee simple to the owner of Lot 29, Block 53 in Timarron Addition, Northwood Park, Phase I. 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. SECTION 3 This resolution shall be in full force and effect from and after its passage as provided by law. 2 PASSED AND APPROVED ON THIS a, DAY OF 7u/W.1998. MAYOR ATTEST: i a _ CITY SECRETARY APPROVED AS TO FORM AND LEGALITY: CITY ATTORNEY Date: Adopted: Effective: / h 3 EXHIBIT "A" EASEMENT ABANDONMENT 20' WIDE UTILITY EASEMENT BEING ALL OF THAT 20' WIDE UTILITY EASEMENT TO THE CITY OF SOUTHLAKE AS RECORDED IN VOULME 13044, PAGE 284 DEED RECORDS TARRANT COUNTY TEAXS SITUATED IN THE O.W. KNIGHT SURVEY, ABSTRACT NO. 899, IN THE CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING A PORTION OF LOT 29, BLOCK 53 OF TIMARRON ADDITION NORTHWOOD PARK, PHASE ONE, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE 3454 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS (P.R.T.C.T.). SAID EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR THE NORTHWEST CORNER OF SAID LOT 29, BEING THE COMMON SOUTHEAST CORNER OF LOT 28, BLOCK 58 OF SAID TIMARRON ADDITION NORTHWOOD PARK, PHASE ONE, SAID POINT BEING IN THE RIGHT-OF-WAY (R.O.W.) LINE OF PARKWOOD COURT (A 50' R.O.W.); THENCE ALONG SAID R.O.W. LINE OF PARKWOOD COURT, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 50.00 FEET, A DELTA ANGLE OF 28°20'18", A LONG CHORD THAT BEARS S 65029'05" E A DISTANCE OF 24.48 FEET, AN ARC DISTANCE OF 24.73 FEET TO A POINT FOR CORNER; THENCE S 59043'33" W, DEPARTING SAID WEST R.O.W. LINE OF PARKWOOD COURT, OVER AND ACROSS SAID LOT 29, A DISTANCE OF 244.34 FEET TO A POINT IN THE SOUTHERLY LINE OF SAID LOT 29 BEING THE COMMON NORTHERLY LINE OF LOT 3, BLOCK 53 OF SAID TIMARRON ADDITION NORTHWOOD PARK, PHASE ONE; THENCE N 52001'28" W, ALONG SAID COMMON LINE, A DISTANCE OF 21.53 FEET TO A 5/8" IRON ROD CAPPED "CARTER & BURGESS" FOUND FOR THE SOUTHWEST CORNER OF SAID LOT 29, BEING THE COMMON SOUTHWEST CORNER OF SAID LOT 28, THE COMMON NORTHWEST CORNER OF SAID LOT 3, AND THE COMMON SOUTHEAST CORNER OF LOT 17, BLOCK 53 OF TIMARRON ADDITION NORTHWOOD PARK, PHASE TWO, AN ADDITION TO THE CITY OF SOUTHLAKE, RECORDED IN CABINET A, SLIDE 3896, P.R.T.C.T.; THENCE N 59043'33" E. ALONG THE NORTHERLY LINE OF SAID LOT 29, BEING THE COMMON SOL;T;AERLY LINE OF SAID LOT 28, A DISTANCE OF 238.20 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.110 ACRES OF LAND, MORE OR LESS. SHEET 1 OF 2 KUWTIMARRON196221001 \SDATAk210EX004. FNS 4 I I 25' 25' 2 7 10U.E. 1 O'U.E. TIMARRON ADDITION NORTHWOOD PARK 1-- to'u.E. s , PHASE TWO l ' u.E. — 0 j / CAB. A, SLD. 3896 20 Y p l P.R.T.C.T. U 1"=60' BLOCK 53 I a 110. 1 d R_50• GF i t0'U.E. P.O.B. TIMARRON ADDITION 5/8 CIRF CNORTHWOODPARK 1 • o18 PHASE ONE LOT LINE CAB. A, SLD. 3454 P.R.T.C.T. gti 28 17 \ \ bc3 v A. nor 29 5/8"CIRF = __ '7 4v = BLOCK 53 20' U. E. / VOL. 13044,PG.284 / h TIMARRON ADDITION J h BRYSON SQUARE i s o PHASE ONE h CAB. A, SLD. 3444 & 3445 P.R.T.C.T. as, 3 a BLOCK 53 90• Sr 2 `*& 10' V C-) R• 0' K Sr f / LINE TABLE O¢ liF LINE BEARING DISTANCE I N 52'01'28" W 21.53 3 [ .. . 9 CURVE TABLE 4934 _ CD CURVE DELTA RADIUS ARC TANGENT BEARING CHORD W O ••......• Gv a Cl 128'20'18" , 50.00 I 24.73 I 12.62 , S 6529'05" E 24.48 SUgv e zui c BEARING BASIS IS THE NORTHERLY LINE OF LOT 29, BLOCK 53 TIMARRON ADDITION NORTHWOOD PARK, F, PHASE ONE. RECORDED IN CABINET A. SLIDE 3454 OF THE PLAT RECORDS OF TARRANT COUNTY, TEXAS. N _ DATE: 02-16-98 EXHIBIT " A" EASEMENT ABANDONMENT Cc CartermBurgess SHEET I SCALE: r=60• I 20' WIDE UTILITY EASEMENT VOLUME 13044 PAGE 284 Consultants in Planning, Engineering. Araniteaurs. t- I ORAWN 8T: J. OELAUGHTER OUT OF THE Consuwtion Management and Related Services CARTER dt BURGESS. INC. m z OF 2 (zt•) es O.W. KNIGHT SURVEY. ABSTRACT NO. '899 »s0 ELK maw SLUE 250 CHECKED BY: G. VEORO IN THE owTx tos752aT-yete -o CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS 5 D198086809 CITY OF SOUTHLAKE 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 198189398 DR92 T004891 04/24/98 11:12 INSTRUMENT FEECD INDEXED TIME 1 D198086809 WD 980424 11:12 CG T O T A L: DOCUMENTS: 01 F E E S: 17.00 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.