Eagle Bend Estates (Lots 19, 20, 21, 23, Block 64) - Vacating and Abandoning a Sanitary Sewer Easement
(Ij
Mayor:
Rick Stacy
,;;
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Mayor Pro Tem:
Gary Fawks
Deputy Mayor Pro Tem:
Ronnie Kendall
Councilmembers:
Wayne Moffat
Rex Potter
Debra Edmondson
Patsy DuPre
City Manager:
Billy Campbell
Assistant City Manager:
Shana K. Yelverton
City Secretary:
Sandra L. LeGrand
City of South lake
Administrative Offices
Office of the City Secretary
CITY OF SOUTHLAKE, TEXAS
CERTIFICATE OF MUNICIPAL OFFICIAL
STATE OF TEXAS
COUNTY OF TARRANT
CITY OF SOUTHLAKE
I hereby certify, in the performance of the functions of my office, that
the attached instrument is a full, true and correct copy of Resolution No. 00-
36, Vacating and abandoning a sanitary sewer easement in Lots 19,20,21,
and 23, Block 64, Eagle Bend Estates, Phase 2 and Quitclaim Deed,
approved by city council April 4, 2000 as the same appears of record in my
office and that said document(s) is an official record from the public office of
the Office of the City Secretary of the City of Southlake, Tarrant County,
State of Texas, and is kept in said office.
I further certify that I am Sandra L. LeGrand, City Secretary of the
City of Southlake, that I have legal custody of said record(s) and that I am a
lawful possessor and keeper and have legal custody of the records in said
office.
In witness whereof I have hereunto set my hand this 2nd day of June
2000.
~~~
(Signature~
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(Title) j .'
State of Texas
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This ins ment was c
June 2000, by
of .
County,
before ;r-e on th~2nd day of
Q :as w~ ~-Uo.-1
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M\ Co~ssion Expires:
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1725 East South lake Blvd. . Southlake, Texas 76092
(817) 481-5581 . (817) 488-6796
"AN EQUAL OPPORTUNITY EMPLOYER"
Re-recording of this document.
First document lost.
J~~::':
RESOLUTION NO. 00-36
A RESOLUTION VACATING AND ABANDONING A SANITARY SEWER
EASEMENT IN LOTS 19,20,21, and 23, BLOCK 64, EAGLE BEND
ESTATES, PHASE 2, IN THE CITY OF SOUTH LAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR OF THE CITY OF SOUTH LAKE TO EXECUTE A QUITCLAIM
DEED RELEASING PUBLIC OWNERSHIP, INTEREST OR CONTROL OF
SAID SANITARY SEWER 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, a sanitary sewer easement has been previously dedicated to the City
of Southlake by the owner of Lots 19,20,21 and 23, Block 64, of the Eagle Bend Estates
Addition, Phase 2, to the City of Southlake, Tarrant County, Texas; and
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the sanitary sewer easement located in Lots 19,20, 21
and 23, Block 64, of Eagle Bend Estates Addition, Phase 2, (the "sanitary sewer
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 sanitary
sewer 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 sanitary sewer easement, the City desires to execute a
Quitclaim Deed releasing all title, ownership and control in said easement to the owner or
owners of Lots 19,20,21 and 23, Block 64, Eagle Bend Estates Addition, Phase 2.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTH LAKE, TEXAS, THAT:
Section 1. The sanitary sewer 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 by its vacation and
abandonment. Accordingly the above described sanitary sewer easement located on
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Lots 19, 20, 21 and 23, Block 64, Eagle Bend Estates Addition, 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 Lots 19,20, 21 and 23, Block 64,
of Eagle Bend Estates Addition, 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 sanitary sewer 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 dayof ~
,2000.
CITY OF SOUTH LAKE
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Approved as to form and legality:
Date:
Adopted:
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EAGLE BEND ESTATES, PHASE II
5
EXHIBIT A
EASEMENT ABANDONMENT
BEING A PORTION OF A 15' WIDE SANITARY SEWER EASEMENT DESCRIBED IN
VOLUME 11558, PAGE 677 DEED RECORDS TARRANT COUNTY, TEXAS (D.R.T.C.T.),
SITUATED IN THE HALL MEDLIN SURVEY, ABSTRACT NO. 1037, IN THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED ACROSS THAT
TRACT OF LAND DESCRIBED IN DEED TO SOUTHLAKE RESIDENTIAL PROPERTIES,
LID, RECORDED IN VOLUME 14152, PAGE 409 D.R.T.C.T. THE PORTION OF SAID
EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF THE NORTH LINE OF LOT 1 BLOCK 1,
TIMARRON GOLF COURSE AS RECORDED IN CABINET A, SLIDE 2985-2986 OF THE
PLAT RECORDS OF TARRANT COUNTY, TEXAS (p.R. T.C.T.) AND THE SOUTHERLY
LINE OF SAID EASEMENT, SAID POINT BEING Not 007'22" E, A DISTANCE OF 137.71
FEET FROM TIlE SOUTHWEST CORNER OF SAID EASEMENT;
THENCE ALONG THE SOUTHERLY LINE OF SAID EASEMENT, THE FOLLOWING
FOUR (4) COURSES AND DISTANCES:
N 01007'22" E, A DISTANCE OF 10.59 FEET TO A POINT;
N 55058'39" W, A DISTANCE OF 256.68 FEET TO THE POINT OF BEGINNING;
N 55058'39" W, A DISTANCE OF 181.36 FEET TO A POINT FOR CORNER;
S 89054'34" W, A DISTANCE OF 327.24 FEET TO A POINT FOR CORNER;
THENCE N 27055'11" W, OVER AND ACROSS SAID EASEMENT, A DISTANCE OF 16.96
FEET TO A POINT FOR CORNER IN THE NORTHERLY LINE OF SAID EASEMENT;
THENCE ALONG THE NORTHERLY LINE OF SAID EASEMENT, THE FOLLOWING
TWO (2) COURSES AND DISTANCES:
N 89054'34" E, A DISTANCE OF 339.76 FEET TO A POINT FOR CORNER;
S 55058'39" E, A DISTANCE OF 207.54 FEET TO A POINT FOR CORNER;
THENCE S 89013'06" W, OVER AND ACROSS SAID EASEMENT, A DISTANCE OF 26.28
FEET TIlE POINT OF BEGINNING, ~~pNTAlNING 0.182 ACRES OF !.-AND' MORE
OR LESS. _I ~,',~~"~'~.'~%.
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BEARING
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DISTANCE
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256.68'
0.182 ACRES
15' SANITARY SEWER EASEMENT
VOL. 11558, PG. 677
D.RT.C.T.
BLOCK 1
LOT 1
TIMARRON
GOLF COURSE
CAB. A, SLIDE 2985-2986
P.R.T.C.T.
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RECORDED IN VOLUME' 1558. PAGE 677, DEED RECORDS. TARRANT COUNTY, TEXAS.
SHEET
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SCALE: 100'
BLOCK 3
LOT 1 R
TIMARRON
GOLF COURSE
CAB. A, SLIDE 4576-4577
P.R.T.C.T.
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_ Carter:: Burgess
Consultants in Planninq. Engineerin9. Architecture.
Construction Monac.aemlnt and Related - Services
CARTER at BURGESS. INC."
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CR...YoN BY: R. BEECH......
CUT OF THE
HALL MEDLIN SURVEY, A8ST NO. 1037
IN THE
CITY OF SOUTHLAKE. TARRANT COUNTY, TEXAS
2
CHEO<EO BY: G. VEORO
5F-5
H:\JOB\TIMARRON\9921 180.1 \GRA\ 118EXDD' .DWG
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QUITCLAIM DEED
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after
careful study and consideration, has determined that a certain utility easement located in
Lots 19,20,21 and 23, Block 64, Eagle Bend Estates Addition, Phase 2, hereinafter
specifically described, 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. For and in
consideration of the above findings and for other good and valuable consideration, the
receipt and sufficiency of which is hereby acknowledged, the City of Southlake does
hereby bargain, sell, release, vacate, abandon and forever quitclaim unto the owner any
and all of its heirs, legal representatives or assigns, all of its right, title, and interest in and
to the following described real property situated in Tarrant County, Texas, to wit:
See Exhibit "A": Legal Description
See Exhibit "B": Graphic Depiction
TO HAVE AND TO HOLD all of its right, title and interest in and to the above described
sanitary sewer easement unto the said Grantee, its heirs and assigns forever, so that
neither Grantor nor its heirs, legal representatives or assigns shall have, claim or demand
any right or title to the aforesaid sanitary sewer easement premises or appurtenances or
any part thereof.
Executed this the ~1 day of ~
,2000.
CITY OF SOUTHLAKE
BY:~~
Mayor
,
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f;~,
STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared RICK STACY,
Mayor of the City of Southlake, known to me to be the person whose name in subscribed
to the foregoing instrument, and acknowledged to me that he executed the same for the
purposes and consideration therein expressed.
GIVE~~ UNDER MY HAND AND SEAL OF OFFICE this the '^/
-/lll~ ' 2000. ~\\\\\I\lIIl/l1flll.
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Return to:
City Secretary
City of Southlake
1725 E. Southlake Blvd.
Southlake, Texas 76092
day of
..i:.s.:"1.~
SANDRA L. LeGRAND
Noiary Public
STATE OF TEXAS
My Camm. bu. 02/04/2001
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(1
EXHIBIT A
EASEMENT ABANDONMENT
BEING A PORTION OF A 15' WIDE SANITARY SEWER EASEMENT DESCRIBED IN
VOLUME 11558, PAGE 677 DEED RECORDS TARRANT COUNTY, TEXAS (D.R.T.C.T.),
SITUATED IN TIm HALL MEDLIN SURVEY, ABSTRACT NO. 1037, IN THE CITY OF
SOUTHLAKE, TARRANT COUNTY, TEXAS AND BEING LOCATED ACROSS THAT
TRACT OF LAND DESCRIBED IN DEED TO SOUTHLAKE RESIDENTIAL PROPERTIES,
LTD, RECORDED IN VOLUME 14152, PAGE 409 D.R. T.C.T. THE PORTION OF SAID
EASEMENT BEING MORE P ARTICULARL Y DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
COMMENCING AT THE INTERSECTION OF TIlE NORTH LINE OF LOT 1 BLOCK 1,
TIMARRON GOLF COURSE AS RECORDED IN CABINET A, SLIDE 2985-2986 OF THE
PLAT RECORDS OF TARRANT COUNTY, TEXAS (p.R. T.C.T.) AND THE SOUTHBRL Y .
LINE OF SAID EASEMENf, SAID POINT BEING N 01007'22" E, A DISTANCE OF 137.71 .
FEET FROM TIlE SOUTIlWEST CORNER OF SAID EASEMENT;
THENCE ALONG THE SOUTHERLY LINE OF SAID EASEMENT, THE FOLLOWING
FOUR (4) COURSES AND DISTANCES:
N 01007'22" E, A DISTANCE OF 10.59 FEET TO A POINT;
N 55058139" W, A DISTANCE OF 256.68 FEET TO THE POINT OF BEGINNING;
N 55058'39" W, A DISTANCE OF 181.36 FEET TO A POINT FOR CORNER;
S 89054'34" W, A DISTANCE OF 327.24 FEET TO A POINT FOR CORNER;
THENCE N 27055'11" W, OVER AND ACROSS SAID EASEMENT, A DISTANCE OF 16.96
FEET TO A POINT FOR CORNER IN THE NORTHERLY LINE OF SAID EASEMENT;
THENCE ALONG THE NORTHERLY LINE OF SAID EASEMENT, THE FOLLOWING
TWO (2) COURSES AND DISTANCES:
N 89054'34" E' A DISTANCE OF 339.76 FEET TO A POINT FOR CORNER;
S 55058139" E, A DISTANCE OF 207.54 FEET TO A POINT FOR CORNER;
THENCE S 89013106" W, OVER AND ACROSS SAID EASEMENT, A DISTANCE OF 26.28
FEET THE POINT OF BEGINNING, ANi\~pNTAINlNG 0.182 ACRES OF~, MORE
OR LESS. 'I ~oFF~~
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PAGE 1 OF2
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LINE
L1
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BEARING
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DISTANCE
1 0.59'
256.68'
0.182 ACRES
15' SANITARY SEWER EASEMENT
VOL. 11558, PG. 677
D.R.T.C.T.
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BLOCK 1
LOT 1
T1MARRON
GOLF COURSE
CAB. A, SLIDE 2985-2986
P.R.T.C.T.
f7J
89-13'06" W
26.28'
BLOCK 3
LOT 1R
TIMARRON
GOLF COURSE
CAB. A, SLIDE 4576-4577
P.R.T.C.T.
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THE BEARING BASE IS THE SOUTHERLY LINE OF THAT SANITARY SEWER EASEMENT
RECORDED IN VOLUMEl1558. PAGE 677, DEED RECORDS, TARRANT COUNTY, TEXAS.
OA 1!: 12/02/99
_ Carler II Burgess
Consultants in P1anning. EnQineetinljl. Architecture.
Construction Manogement ond Related. Services
CARTER It BURGESS. INC..
7I5G [..-xlIC -. WIt 250'
~.m;7-''''. '
SHEET
SCALE: 1 00'
DRAWN BY: R. BEECHAM
OUT OF THE
HAll MEDLIN SURVEY. ASST NO. 1037
IN THE
CITY OF SOUTHlAKE. TARRANT COUNTY. TEXAS
2 OF
2
CHECKEO BY: C. \/EORO
H:\JOB\TIMARRON\992118C>1\GRA\ 118EX001,DWG
5F-9
5-B. Authorize the Mayor to enter into a contract with Avanti Landscape Management
for annual mowing services for public rights-of-way.
5-C. Resolution No. 00-33, Authorizing the City Attorney to bring a condemnation
action for the purpose of obtaining fee simple ownership of land for use by the
City as a park, library or for other public purposes.
5-D. Authorizing the Mayor to enter into an interlocal agreement with TML
Intergovernmental Employee Benefits Pool.
5-E.
Resolution No 00-35. Appointing Curtis Powell and Dave Visney to the SPIN
Standing Committee as co-representatives for SPIN Neighborhood #15.
>5-F.
Resollltioll ~~o\JO-3(;, .\b:t:ldonn:ent of sanitary sewer easement in Eagle Bend
Estates, Phase 1[, Lots [l), 20, 21, and 23, Block 64.
5-G.
Authorize the Mayor to execute a commercial developer agreement with Carroll
Independent School District for improvements at Johnson Elementary School.
8-A.
Ordinance No. 776, 1,1 Reading, Abandoning a portion ofT.W. King Road.
8-B.
Ordinance No. 777, I sl Reading, Abandoning a portion of Kirkwood Boulevard.
8-C.
Ordinancc No. 480-:U2. I sl Reading, (ZA 99-139), Rezoning and Site Plan for
114 Kimball Square. Tabled at the request of the applicant to June 6, 2000
City Council meeting.
10-A. Authorize the 1'1 ~lyor to cntcr into a Scope of Services agreement with Call a Ride
of South LIke. Jill'. (CARS).
1O-C. Authorize the \Llyor to enter into a reciprocal parking agreement with EPIPD-
Crossroads Square, LP. (Tom Thumb). Tabled until April 18, 2000 City
Council meeting.
10-D. Award of bid to .JRJ P~lving, Inc. for the reconstruction of Harrell Drive from
Johnson Road to Jordan Drive.
lO-E. Award of bid to Whizcon Utilities, Inc. for the installation of water line
improvements to serve Napa Valley Estates and Woodland Heights Addition.
Motion was made to approve the consent agenda as noted: Agenda Items #5-A through
#5-G; Item #8-A; #8-8. #8-C, tabling until June 6,2000; Item #10-A, noting that this will
encompass the first payment in the contract with review to be made before the 4th quarter
payment is made: [tem I; I O-C. to table to April 18, 2000; Item #IO-D, and #10-E.
Motion: Fa\\ks
Second: DuPre
Regular City Councill\1eeting Minutes of April 4, 2000 Page 8 of23
D200121752
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 NOT DES T ROY
I N D E XED -- TAR RAN T C 0 U N T Y T E X A S
S U Z ANN E HEN D E R SON -- COUNTY CLERK
OFF I C I A L R E C E I P T
T 0:
CITY OF SOUTHLAKE
RECEIPT NO
200250589
REGISTER
DR2A
RECD-BY
LW
PRINTED DATE TIME
06/06/2000 15:56
1
INSTRUMENT FEECD
D200121752 WD
INDEXED TIME
20000606 15:56
CG
TOT A L
DOCUMENTS: 01
FEE S:
31.00
B Y:
""
~
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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.