1258Ordinance No. 1258
ORDINANCE NO. 1258
AN ORDINANCE VACATING AND REDUCING THE SIZE OF AN
EASEMENT ON LOT 6, BLOCK D OF THE QUAIL CREEK
ESTATES, SECTION II OF THE TARRANT COUNTY RECORDS,
LOCATED IN THE CITY OF SOUTHLAKE; DECLARING THAT A
PORTION OF SUCH EASEMENT IS UNNECESSARY FOR USE BY
THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE
QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF THESE
EASEMENTS; PROVIDING A SEVERABILTY CLAUSE; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas ("the City") is a home rule city acting under its
power adopted by the electorate pursuant to Article XI, Section 5 of the Texas
Constitution and Chapter 9 of the Local Government Code; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the portion of the easement, located in the City of
Southlake, recorded in D188003438 is not being used by, nor useful or convenient to the
public in general; therefore, it would be better served and benefited by its vacation and
reduction in size; and
WHEREAS, in order to remove any question as to the continued interest in the
easements, the City desires to execute a quitclaim deed releasing all title and control in
said easement to the owners of the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
A 0.25 acre portion of the drainage easement located on Lot 6, Block D of the
Quail Creek Estates, Section II in the City of Southlake, more specifically described in
the county records in D188003438. The easement records attached hereto and
incorporated herein for all purposes, are not being used by, nor useful or convenient to
the public in general and the public would be better served and benefited by their
vacation and reduction in size as public easements.
SECTION 2
The Mayor of the City of Southlake, Texas, is hereby authorized and empowered
to execute quitclaim deed for the above mentioned property in Section 1 to the following
entity: Benjamin and Kristine Borst.
Ordinance No. 1258
SECTION 3
Copies of said quitclaim deeds shall be presented for filing with the County Clerk
of Tarrant County, Texas by the office of the City Secretary.
SECTION 4
It is hereby declared to be the intention of the City Council that the phrases,
clauses, sentences, paragraphs and sections of this ordinance are severable, and if any
phrase, clause, sentence, paragraph or section of this ordinance shall be declared
unconstitutional by the valid judgment or decree of any court of competent jurisdiction,
such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences,
paragraphs and sections of this ordinance, since the same would have been enacted by the
City Council without the incorporation in this ordinance of any such unconstitutional
phrase, clause, sentence, paragraph or section.
SECTION 5
This Ordinance shall be in full force and effect from and its passage, and it so
ordained.
2
Ordinance No. 1258
PASSED AND APPROVED ON FIRST READING ON THIS DAY OF
2022.
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PASSED AND APPROVED ON SECOND READING ON THIS DAY OF
2022.
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EFFECTIVE:
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY