A-899 (Timarron) (6)
RESOLUTION NO. 94-,QFFICI L P r. r
A RESOLUTION VACATING AND ABANDONING A PORTION
OF A 20 FOOT UTILITY, IN THE CITY OF d
SOUTHLAKE, TAR.R.ANT 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
FOR AN EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home rule city acting
under its charter adopted by the electorate pursuant to Article XI,
Section 5 of the Texas Constitution and Chapter 9 of the Local
Government Code; and
WHEREAS, a 20 foot utility easement has previously been
dedicated to the City of Southlake by the previous owner of the
affected property in the City of Southlake, Tarrant County, Texas.
WHEREAS, the City Council of the City of Southlake Texas,
after careful study and consideration, has determined that the 20
foot utility easement located in property owned by Timarron Land
Corporation in accordance with the deed recorded in Vol. 9813, Page
2375, DRTCT is not being used by, nor useful or convenient to the
public in general; therefore, it constitutes a public charge
without a corresponding public benefit, and the public would be
better served and benefited by its vacation and abandonment. Said
20 foot utility easement is more specifically described on the
attached exhibits:
Exhibit A: Metes and Bounds Description
Exhibit B: Graphic Depiction
Further, The attached Exhibit "C" documents the approval of
this abandonment by public utility companies.
Whereas, in order to remove any question as to the continued
interest or ownership of the public in said 20 foot utility
easement, the City desires to execute a Quit Claim Deed releasing
all title, ownership and control in said easement to the owner or
owners of the property recorded in Vol. 9813, Page 2375 and their
heir and assigns.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
SECTION 1
The 20 foot utility easement, as described herein, is notbeing
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 20 foot utility
easement located in property owned by Timarron Land Corporation in
1
L i i
1160
accordance with the deed recorded in Vol. 9813, Page 2375, DRTCT,
City of Southlake, Tarrant County, Texas is hereby vacated and
abandoned as public property and such area so abandoned shall
revert in fee simple to the owner of the remaindor -of Timarron
Addition.
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
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.
day of
PASSED AND APPROVED ON THIS /J,-
1994.
or
p • Attest:
^vl :ciao
ty Secretary
'''~jlllll! 1111111111``
APPROVED AS TO FORM AND LEGALITY:
1,4 ) L 60
City ttorney
Date
Adopted:
Effective: /"Or
2
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QUITCLAIM DEED
STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT
That the City Council of the City of Southlake, County of Tarrant, State of Texas, after
careful study and consideration, has determined that a portion of a certain 20 foot utility
easement located on a tract of land recorded in Vol. 9813, Page 2375 DRTCT, 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 public 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: Timarron Land Corporation and any
and all of its heirs, legal representatives of 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 portion of the 20 foot utility easement unto the said Grantee, its heirs and assigns
forever, so that neither Grantor nor its heirs, legal representatives of assigns shall have, claim
of demand any right or title to the aforesaid 20 foot utility easement, premises or appurtenances
or any part thereof.
Executed this the - day of f 1994.
CITY OF SOUTHLA
By:
ary Fickes, Mpdf
1
1 0- 22 1 077
STATE OF TEXAS
COUNTY OF TARR.ANT
BEFORE ME, the undersigned authority, on this day personally appeared GARY FICKES,
Mayor of the City of Southlake, known to me to be the person whose name is subscribed to
the foregoing instrument, and acknowledged to me that he executed the same for the purposes
and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the-&-day of ,
1994.
Notary Public in and for the State of Texas ft SANDRA L LEGRAND
M NOTARY PUBLIC
to
Comm. Exp. Texas
97
My commission expires:
A141?7
Grantee Address: Return to:
City Secretary
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
forms\quitclaimIrm
2
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E 10
EXHIBIT "A"
BEING a portion of a 20-foot wide utility easement situated in the Obediah Knight Survey
Abstract No. 899, in the City of Southlake, Tarrant County, Texas, as recorded in Volume
9955, Page 303, Deed Records, Tarrant County, Texas, and being more particularly
described along the centerline of said 20 foot wide utility easement as follows:
COMMENCING at the beginning of said centerline, in the center of east Continental
Boulevard, said point being South 85°41'44" East, a distance of 365.46 feet from a
5/8-inch iron rod found in the south line of a tract of land conveyed to Timarron Land
Corporation (formerly Bear Creek Communities, Inc.) by deed recorded in Volume 9813,
Page 2375, Deed Records, Tarrant County, Texas;
THENCE North 11°29'22" West, a distance of 396.63 feet to a point for corner;
THENCE North 12°22'13" West, a distance of 8.27 feet to the POINT OF BEGINNING;
THENCE North 12°22'13" West, a distance of 472.85 feet to a point for corner;
THENCE North 80°19'05" West, a distance of 90.08 feet to the end of centerline of the
here in described 20-foot utility easement abandonment.
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TO REMAIN
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TIMARRON LAND CORP.
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M IRF m„„ Y PARTIAL EASEMENT ABANDONMENT `o
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365,45' 2 TILITY EASEMENT
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P.O.C. VOLUME 9955.PAGE 303
N Y.. OUT OF THE
U ~
OBEDIAH W. KNIGHT SURVEY. ABSTRACT NO. 899
IN THE
o o - CITY OF SOUTHLAKE, TARRANT COUNTY, TEXAS
W FEBRUARY, 1994
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EXHIBIT "C"
UTILITY COMPANY APPROVALS
We, the undersigned, as duly authorized representatives of the respective utility
companies, hereby express no objection to the partial abandonment of the 20 utility
easements recorded in Volume 9955, Page 303 situated on a tract of land conveyed to
Timarron Land Corporation by deed recorded in Volume 9813, Page 2375, so noted and
described on the attached exhibits.
Texas Utilities Electric Tri-County Electric Coo ive Inc.
Signe Signed: fl-
Printed Name: c Printed Name:
Title: S6#y1ayz- S74eVtcf-, /WiC Title: .I 157-
Date: -12 Date: 2
GTE So st Inc. 1&"') Lone Star Gas Company
Signed: uth Signed: C'
Printed Name ~A✓~d Printed Name: R~Z-'1AIJ
Title: T-
Date: Date:_ ~f-
Harro ablevisi of Texas Sammons Communications, Inc.
Signed Signed:
Printed Name- ~\Nµ~~scrl Printed Name:
Title: (Irlms -Ltmp! I~ A.AAL,9--'P-- Title:
Date: (o f z194 Date:
92316702.S22
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D194142738
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 O N O T D E S T R O Y
I N D E X E D T A R R A N T C O U N T Y T E X A S
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 O: CITY OF SOUTHLAKE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
194269080 DR93 T003957 06/17/94 13:47
INSTRUMENT FEECD INDEXED TIME
1 D194142738 WD 940617 13:47 CG
T O T A L DOCUMENTS: 01 F E E S: 21.00
f. e
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.
iH9