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2005-072 Resolutionr r r ] RESOLUTION NO. 05-072 OFFICIAL RECORD A RESOLUTION VACATING AND ABANDONING INGRESS/EGRESS EASEMENT IN A PORTION OF A.H. CHIVERS SURVEY #299, 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 INGRESS/EGRESS 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, Ingress/Egress easement has been previously dedicated to the City of Southlake by the owner of a portion of A.H. Chivers Survey #299 in 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 Ingress/Egress easement located in a portion of A.H. Chivers Survey #299 (the "Ingress/Egress 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 benefited by its vacation and abandonment. Said Ingress/Egress easement is more specifically described on the attached exhibits: EXHIBIT A: Legal Description EXHIBIT B: Graphic Depiction WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said Ingress/Egress easement, the City desires to execute a Quitclaim Deed releasing all title, ownership and control in said easements to the owner or owners of a portion of A.H. Chivers Survey #299. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION I The Ingress/Egress 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 benefited by its vacation and abandonment. Accordingly the above described Ingress/Egress easement, located in a portion of A.H. Chivers Survey #299 in 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 a portion of A.H. Chivers Survey #299. SECTION 11 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 Ingress/Egress 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 III This resolution shall be in full force and effect from and after its passage as provided by law. PASSED AND APPROVED ON THIS0rj DAY OF 2005. AYOR,AA Y WAMBSGANSS Ilpllllll ItttJt ATTEST: y,.••Q 5a....4q,.,,, y o ! f tt i rn co. 46 C SECRET Y, LORI FARWEI ••. Jt4tJ** * 1111',• EXHIBUA Area Surveying, Inc. REGISTERED PROFESSIONAL LAND SURVEYORS 135 Sheffield Drive Fort Worth TX 76134 917.293-%U FIELD NOTES Description for a tract of land in the A. H. Chivers Survey, Abstract Number 299, City of Southlake, Tarrant County, Texas, and being a portion of Primrose Lane, and also being a portion of a 30 feet (30') wide Easement for Ingress and Egress, recorded in Volume 3977, Page 264, Deed Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 1/2"iron pin found in the north line Primrose Lane for the southeast corner of a tract of land described in a deed to Terra/Estes Park, L.P., recorded in Clerk's File Number D204211595, Deed Records, Tarrant County, Texas; THENCE South 00 degree 46 minutes 46 seconds East a distance of 30.00 feet to the south line of Primrose Lane; THENCE South 89 degrees 46 minutes 56 seconds West a distance of 719.04 feet along the south line of Primrose Lane to a 1/2" iron pin found in concrete at the end of Primrose Lane; THENCE North 00 degree 23 minutes 40 seconds West a distance of 30.00 feet along the west line of Primrose Lane to a 1/2" iron pin found for the southwest corner of a tract of land described in a deed to Terra/Estes Park, L.P., recorded in Clerk's File Number D204211594, Deed Records, Tarrant County, Texas; THENCE North 89 degrees 48 minutes 05 seconds East a distance of 390.15 feet along the north line of Primrose Lane to a 5/8" iron pin found for the southeast corner of said Terra/Estes tract recorded in Clerk's File Number D204211594, and for the southwest corner of said Terra/Estes tract recorded in Clerk's File Number D204211595; THENCE North 89 degrees 45 minutes 36 seconds East a distance of 328.68 feet continuing along the north line of Primrose Lane to the POINT OF BEGINNING, said described tract containing 0.494 of an acre of land. These Field Notes were prepared by Roger W. Hart, R.P. L. S. No. 4484 from previous surveys C lPlojectslEstes Park DocsTrimose Field Noes doc Page I of 1 EXHIBIT B No. 44035Ex Lot 10, Block 11, Terra/Estes Park, L.P. L ESTES Clerk's File No. PARK Phase 11 D204211594, D.R.T.C.T. C E C cn Terra/Estes Park, L.P. Clerk's File No. 0 00C r - S -01 D204211595, D.R.T.C.T. c.O 0 C 0 04- 000 N 89-45'36"E 328.68N89*48'05 E 390.15 P AsDMOt ;;cad 3/8" pin S [ff 4'56" W 719.04 0 0 found in 30 Easement for Ingress & Egress 0 concretre Volume 3977, Page 264 00 CO 0 Plot Showing Survey of a portion of tp N Primrose Lane 0 0 0 0 VIA - r. being a tract of land in the Z 05 t - A. H. Chivers Survey, Abstract Nubmer 299, City of Southlake, Tarrant County, Scale: rF Texas. 1 1)= 50) AREA SURVEYING, INC* Registered Professional Land Surveyors 135 Sheffield Drive Phone 817 293-5684 M Fort Worth, TX 76134 Fax 817 293-5685 COPYRIGHT 200% AREA, SURVEYING INC r - I