1998-023 ResolutionOFFICIAL RECORD
RESOLUTION NO. 98-23
A RESOLUTION VACATING AND ABANDONING UTILITY EASEMENT IN
LOT 2, BLOCK 3, HILLS OF MONTICELLO, PHASE 2, 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 2, Block 3 in Hills of Monticello, Phase 2 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 2, Block 3 in Hills of Monticello, Phase 2 (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 exhibits:
EXHIBIT A: Legal Description
EXHIBIT B: Graphic Depiction
1
WHEREAS, in order to remove any question as to the continued interest or ownership of
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 2, Block 3 in Hills of
Monticello, Phase 2.
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 2, Block 3 in Hills of Monticello, Phase 2 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 2, Block 3 in Hills of Monticello, Phase 2.
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 /, DAY OF)W&4V,1998.
m2nv-20
uuu pnii ATTEST:
O F 8 %i
CITY SECRETARY
APPROVED AS TO FORM AND LEGALITY:
wick
C TY ATTORNEY /r
Date: lAW4 /7 14 q
Adopted: lY %
Effective: /%%W / /
3
EXHIBIT A
SURVEY PLAT
EASEMENT ABANDONMENT
Being a 20.00 fret utility easement situated in the City of Suuthlake, Tarrant Cour ty, Texas
and being a portion of Lot 2, Block 3 of Monticello Phase 11 an addition to the: City of
Suuthlake as recorded in Cabinet A, Slide 1280 of the Plat Records of Tarrant County,
Texas and being more particularly described as follows:
Commencing at a 1/2" iron pin at the northwest corner of said Lot ?, thence N tib ' 27' 02"
E along the north line of said Lot 2 a distance of 3.17 feet to the Point•ut Beginning of
herein described easement;
Thence N 88 ' 27' 02" E continuing along said north line 411.31 feet;
Thence S 67 ' 05' 35" E, 110.62 feet;
Thence S 02 ' 54' 46" E, 74.23 feet to the south litre of said Lot 2;
Thence S 88 ' 27' 02" W along said south line 20.(X) feet;
Thence N 02 ' 54' 46" W, 61.21 feet;
Thence N 67 ' 05' 35" W, 142.05 feet to the Point of l3eginning.
rno plat snown neraon is a representation of the property as datamtned from an actual on the ground
surrey, the lines and dunansrons of said property being as indicated by the plat- The undersgned
nos no knowledge of or has been advised of any known or apparent encroachments, conflicts. of
easements or pwlruswns except as shown
TCOAMY 0. aURKs
n
b e f; 4O
Regtst&ad Professional Land Surveyor
BURKS LAND SURVEYING LEGEND I seas: t•'
1 600 NW HWY I.P.F. Iron Pin Found I Data; 6/9194
it SUITE D I.P.S. Iron Pin Set I Job No. 94055 1
i GRAPEVINE. TEXAS 76051 F.C. Fence Comer I GF No.
t U.E. Utility Easement l WAV4e No. METRO 8171481-9699 D.E. Drainage Easement j updated
P. P. Power Pole _ I Review
4
EXHIBIT B
SURVEY PLAT
EASEMENT ABANDONMENT
CONTINENTAL BLV" D.
LOT 1 0
BLOCK 3 n
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P.0 -a ,. +. If o: a 2%s n
P.O.C, 483T SBl,
HBA\ r
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4sri S W
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2
LOT 2
tUo
1
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M ` 120-00`1'
4
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Ld17 i
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LOT 3
MONTICELLO PHASE Y
CAB. A. SLIDE 1280
The plat shown nereon is a representation of the property as determined from an actual on the ground
survey. the Ones and dimensions of said property be" as Indicated by the plat. The undersigned Ofr
has no knowledge of or has been advised of any known or apparent encroachments. conflicts.
ft1. easaments o1 protrusions except as shown.
Mhuly 0. sun"
r1 3M" a!
a„..• s u 10
Regis red Professional Land Surveyor
3URKS LAND SURVEYING LEGEND scale; 1' • 5a
600 W. NW HWY I.P.F. - Iron Pin Found D•tr 8/9/94
SUITE D I.P.S. - Iron Pin Set Job No. 94055
GRAPEVINE. TEXAS 76051 F.C. . Fence Corner GF No.
U.E. xUtility Easementnt
InvoicNO.METRO 817/481-8699 D.E. Drainage Easement L*idbw
P.P. - Power Pole Revised
5
D198086810
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 O 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
198189399 DR92 T004891 04/24/98 11:12
INSTRUMENT FEECD INDEXED TIME
1 D198086810 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.