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2002-071A RESOLUTION VACATING AND ABANDONING UTILITY EASEMENTS IN THE CROSS TIMBER HILLS 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 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 easements have been previously dedicated to the City of Southlake by the owner of Block 3, Lot 16 of the Cross Timber Hills Addition (1351 Woodbrook Lane) 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 easements located in Block 3, Lot 16 of the Cross Timber Hills Addition (1351 Woodbrook Lane) (the "Utility Easements") 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 Utility Easements are more specifically described on the attached exhibits: EXHIBIT A: Graphic Depictions EXHIBIT B: Legal Descriptions WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said Utility Easements, the City desires to execute a Quitclaim Deed releasing all title, ownership and control in said easements to the owner or owners Block 3, Lot 16 of the Cross Timber Hills Addition (1351 Woodbrook Lane). NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 The Utility Easements, as described herein, are 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 benefited by its vacation and abandonment. Accordingly the above described Utility Easements, located in the Cross Timber Hills 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 Block 3, Lot 16 of the Cross Timber Hills Addition 13 51 Woodbrook Lane). 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. PASSED AND APPROVED ON THIS I DAY OF.NO eWti, 2002. APPROVED AS TO FORM AND LEGALITY: e, j City Attorney le Date: I )-, 11— 0 )— Adopted: 1 I — ( Ll— 0 2 Effective: 1(— 22 — 0 2— MAYOR ATTEST: V 1 City Secretary EXHIBIT'W' ABANDONMENT OF A PERMANENT UTILITY EASEMENT VOL. 388-152, P. 63 \ VOL. 388-152, P. 63 BLK 3, LOT 15 \ BLK 3, LOT 14 VOL. 388-152, P. 3 BLK 3, LOT 13 EXIST. 15' U.E. U.E.---,,'— PAC \ . , „ ROB. 1 PPE FOUND S 15 30 00 E / P.L. EXIST. 7.5 U.E. \ 26.63' \ / S 15.30'00"E 186.76'. N15' 25'41"W 183.31' / I I I N74.30'00"E 12.50' j PERMANENT UTILITY EASEMENT — ABANDONMENT OF A / PERMANENT UTILITY EASEMENT / THIS PROPERTY) / AREA • 2313 SQ. FT. DANIEL J. SUTHERLAND & NANCY A. SUTHERLAND r CROSS TIMBER HILLS ADDITION VOL. 388-165, P. 57 BLK 3, LOT 16 N Niru" LfY 0.0531 ACRE) / IRON ROD FOUND S89' 39'45"W 13.22' VOL. 388-165, P. 57 BLK 3, LOT 23 EXIST. 7.5' U.E. / / . P.L. I, Eddie L. Cheatham of CHEATHAM AND ASSOCIATES. a Registered Professional Land Surveyor of the State of Texas, do hereby declare that the calculations, graphic depiction and legal descriptions of this survey were properly prepared under my personal supervision from an actual survey made on the ground. NOTE ALL BEAR/NGS BASED ON THE EAST PROPERTY L/NE OF LOT 16, BLOCK 3 OF THE CROSS TIMBER HILLS ADDITION, AS RECORDED IN VOL. 388-165, P. 57 Registered Professional Land Surveyor No. 2346 (P. R. T. C. T.), SAID BEARING BEING N 15.30'W. 25 50 100 IN FEET ) 1 inch - 50 ft. CHEATHAM AND ASSOCIATES 1601 B. LAMAR BLVD SM 200 ARLU4GTON. TEUS 76011 617) 646-0606 Metro (617)266-8696 E444 -03i VA v " EDDI LE . CHEATHAM i'oreZm e aw A V2346 FEs s%oy0 N Niru" LfY 0.0531 ACRE) / IRON ROD FOUND S89' 39'45"W 13.22' VOL. 388-165, P. 57 BLK 3, LOT 23 EXIST. 7.5' U.E. / / . P.L. I, Eddie L. Cheatham of CHEATHAM AND ASSOCIATES. a Registered Professional Land Surveyor of the State of Texas, do hereby declare that the calculations, graphic depiction and legal descriptions of this survey were properly prepared under my personal supervision from an actual survey made on the ground. NOTE ALL BEAR/NGS BASED ON THE EAST PROPERTY L/NE OF LOT 16, BLOCK 3 OF THE CROSS TIMBER HILLS ADDITION, AS RECORDED IN VOL. 388-165, P. 57 Registered Professional Land Surveyor No. 2346 (P. R. T. C. T.), SAID BEARING BEING N 15.30'W. 25 50 100 IN FEET ) 1 inch - 50 ft. CHEATHAM AND ASSOCIATES 1601 B. LAMAR BLVD SM 200 ARLU4GTON. TEUS 76011 617) 646-0606 Metro (617)266-8696 E444 -03i PERMANENT UTILITY EASEMENT 647 SQ. FT. OR 0.0149 ACRE P.0•B• 3,;• N6$ (1116 SQ. FT. TOTAL, OF WHICH 469 SQ. FT. Y IRF _ _ _ _ 1 RF \ \ s 2$, "0-. IS WITHIN AN EXISTING EASEMENT) LOT 23 C LOT w 1 :rr• \ rn o CZ x\ LOT 14 moi\ L J A LOT 16, BLOCK 3 CROSS TIMBERS HILLS - PHASE II , m \ VOL. 388-165, PG. 57 P. R. T. C. T. ' t. 1 i \ J DANIEL J. & NANCY A. SUTHERLAND ; 1 1351 WOODBROOK LANE SOUTHLAKE. TEXAS 76092 / 101- 17 t t 11 ; 1 SCALE 1" - 50' FEET j 0 25 50 100 THE BEARINGS SHOWN HEREON ARE BASED Wo ODBR o aK////~ THE PLAT OF CROSS TIMBERS HILLS, PHASE 11 LANE ` AS RECORDED IN VOL.388-165, PG. 57 (P.R.T.C.T.) 1, Eddie L. Cheatham of CHEATHAM AND ASSOCIATES. a Registered Professional Land Surveyor of the State of Texas, do hereby declare that the calculations. O W.F. TF graphic depiction and legal descriptions of this survey were properly prepared s o f, under my per nal supervision from an a of survey made on the ground. EDDIE L. CHEATHAM Registered Professional Land Surveyor No. 2346 a 2346 S%° CHEATHAM AND ASSOCIATESSURy 1601 E. LUUR BLVD #200 ARUNGTON. TEMS 76011 MMO (817) M-8886 (817) 548-0606 Abandonment of a Permanent Utility Easement Being a 0.053 acre tract of land in the A.A. Freeman Survey, Abstract No. 522, City of Southlake, Tarrant County, Texas and being a strip of land, over, through, and across Lot 16, Block 3 of the Cross Timber Hills Addition in Volume 388-165, P.57, (P.R.T.C.T.) and being more particularly described as follows: COMENCING at a 1" pipe found, being in the east property line of said Lot 16, the southwest property corner of Lot 15, Block 3 of the Cross Timber Hills Addition in Volume 388-152, P.63 (P.R.T.C.T.), and the northwest property corner of said Lot 14, Block 3 of the Cross Timber Hills Addition in Volume 388-152, P.63 (P.R.T.C.T.); THENCE S. 15°30'00" E., along the east boundary line of said Lot 16, a distance of 26.63, to the POINT OF BEGINNING, said point being the northeast comer of the herein described abandonment; THENCE S. 15030'00" E., 186.76 feet along said east boundary line of Lot 16, to a point for corner; THENCE S. 89039'45" W., 13.22 feet departing from said east boundary line of Lot 16, to a point for corner; THENCE N. 15025'41" W., 183.31 feet to a point for corner; THENCE N. 74030'00" E., 12.50 feet to the POINT OF BEGINNING, containing 0.053 acre of land, more or less. GA001-444\444-LGL36B.doc 4 a Folantalm PERMANENT UTILITY EASEMENT Field Notes Being a 0.0149 acre strip of land or 647 sq. ft. (1116 sq. ft. total as described herein, of which 469 sq. ft. is within an existing easement), over, through, and across Lot 16, Block 3, Cross Timbers Hills, Phase 11, in the City of Southlake, Tarrant County, Texas, as recorded in Plat Volume 388-165, Page 57, (P.R.T.C.T.), conveyed to Daniel J. and Nancy A. Sutherland, as recorded in Deed Volume 12032, Page 689, (D.R.T.C.T.), being more particularly described as follows: Beginning at a 3/4" iron rod found at a southeasterly corner of Lot 16, Block 3, Cross Timbers Hills, Phase 11, also being the northeasterly corner of Lot 23, Block 3, Cross Timbers Hills, Phase 11; THENCE N 65'30'00" W, along the southerly line of said Lot 16, a distance of 16.28 feet; THENCE N 47°21'31" E, across said Lot 16, a distance of 81.38 feet to a point in the easterly line of said Lot 16; THENCE S 15030'00" E, along the easterly line of said Lot 16, a distance of 16.86 feet, to a point being 46.68 feet from a 1/2" iron rod found at the southeasterly corner said Lot 16; THENCE S 47°21'31" W, across said Lot 16, a distance of 67.36 feet to the Point Of Beginning, containing 1116 sq. ft. total, of which 469 sq. ft. is within an existing easement, leaving a remainder of 647 sq. ft. or 0.0149 acre more or less, being subject to all easements, restrictions and rights-of-way of record. GA00 1-444\easeineiits\KEV-sutfieriatid.doc