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CITY OF SOUTHLAKE ~
STATE OF TEXAS ~
COUNTY OF TARRANT ~
CERTIFICATION TO COPY OF OFFICIAL RECORD
I, Lori A. Farwell, City Secretary for the City of Southlak:e, Texas, a municipal corporation, in
the performance of the functions of the Office of City Secretary, hereby certify that the attached
Ordinance No. 745 with Exhibits A through F, are full, true, and correct copies of the documents
as the same appears of record in the Office of City Secretary.
In witness whereof, I have hereunto set my hand and affixed the official seal of said City of
Southlak:e, Texas, this 28th day of January, 2004.
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Sworn to and subscribed before me on the J ~ day of ~, 2004.
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Notary Public
State of Texas
1400 Main Street Suite 270 . Southlake. TX 76092
(817) 481-1490 . www.cityofsouthlake.com
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OFFICIAL RECORD
11llS UO(;Umem IS re-recoraea a
the Deed'ofRecords, Tarrant
County ~o ip..dudeExhibits A-I
CITY OF SOUTHLAKE
ORDINANCE NO. 745
AN ORDINANCE VACATING AND ABANDONING PORTIONS OF THE
RIGHT-OF-WAY OF NORTH CARROLL AVENUE, LOCATED IN THE
CITY OF SOUTHLAKE, TEXAS; DECLARING THAT SUCH
PROPERTIES ARE UNNECESSARY FOR USE BY THE PUBLIC;
RESERVING A PUBLIC UTILITY EASEMENT; AUTHORIZING THE
MAYOR TO EXECUTE QIDTCLAIM DEEDS RELEASING PUBLIC
OWNERSIDP INTEREST AND CONTROL OF THESE RIGHTS-OF-
WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, The City of Southlake, Texas 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, the City Council of the City of Southlake, after careful study and
consideration, has determined that portions of the right-of-way of North Carroll
Avenue, located in the City of Southlake, are 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; and
WHEREAS, the City Council desires to reserve a ten (10) foot public utility
easement along certain portions of the right-of-way of North Carroll A venue; and
WHEREAS, in order to remove any question as to the continued interest or
ownership of the public in said rights-of-way, the City desires to execute quitclaim
deeds releasing all title, ownership and control in said rights-of-way to the owners of
the abutting properties.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
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Section 1.
Portions of the right-of-way of North Carroll A venue, more specifically
described in Exhibits "A", "B", "C", "D", "E", and "F" attached hereto and
incorporated herein for all purposes, are not being used by, nor useful or convenient to
the public in general. They constitute a public charge without a corresponding benefit,
and the public would be better served and benefited by their vacation and abandonment.
Accordingly, the above described rights-of-way are hereby vacated and abandoned as
public property, except a ten (10) foot public utility easement reserved by the City and
described in Exhibits "C", "D", "E", and "F" referenced above. The described
rights-of-way shall revert in fee simple to the owners of the abutting properties.
Section 2.
The Mayor of the City of Southlake, Texas, is hereby authorized and
empowered to execute quitclaim deeds to the following persons or entities: 1) Mendez,
Ltd. for the right-of-way described in Exhibits "A" and "B"; 2) Juergen F. Strunck for
the right-of-way described in Exhibits "C" and "D"; and 3) Cooper and Stebbins for
the right-of-way described in Exhibits "E" and "F", releasing all claims to title,
ownership, or control of these rights-of-way, on behalf of the City of Southlake, Texas.
The quitclaim deeds for Juergen F. Strunck and Cooper and Stebbins shall reserve a ten
(10) foot public utility easement, as described in Exhibits "C", "D", "E", and "F"
referenced above.
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.
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This Ordinance shall be in full force and effect from and after its passage, and it
so ordained.
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DAY
ATTEST:
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cITY SECRETARY
PASSED ANDfROVED ON SECOND READING ON TIDS
DAY OF 1/ , 1999.
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ATTEST:
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RETURN TO:
CITY OF SOUTHlAKE
OFFICE OF CITY SECRETARY
1725 EAST SOUTHLAKE BOULEVARD
SOUTHlAKE. TEXAS 76092
D 20105.=3 J ~11- PI: 4
D199176147
CITY OF SOUTHLAKE
OFFICE OF CITY SECRETARY
1725 E SOUTHLAKE BVD
SOUTHLAKE TX 76092
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-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
199323288
REGISTER
DR96
RECD-BY
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PRINTED DATE TIME
07/13/1999 08:16
1
INSTRUMENT FEECD
D199176147 WD
INDEXED TIME
19990713 08:16
CG
TOT A L
DOCUMENTS: 01
FEE S:
13.00
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.
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Exhibit 'B'
Being a 0.046 acre tract of land in the W. W. Hall Survey, Abstract No. 695, City of Southlake,
Tarrant County, Texas, and being a portion of a tract conveyed to Mendez LTD., as recorded in
Volume 1234<;>, Page 1818 CD.R.T.C.T.) and being more particularly described as follows:
COMMENCING at a 5/8" iron pin found in the north property line of said Mendez LTD. tract, said
point also being the southeast comer of a tract conveyed to Southview Joint Venture II, as recorded
in Volume 9994, Page 1954 CD.R.T.C.T.);
THENCE EAST, along the north property line of said Mendez LTD. tract, for a distance of 19.61
feet to the northeast comer of said tract, said point being in the existing west right-of-
way line of North Carroll Avenue;
THENCE SOUTH, for a distance of 169.59 feet to a point in the east property line of said
Mendez LTD. tract and in the west right-of-way line of North Carroll Avenue, said
point being in a curve to the left having a radius of 1 ,050.00 feet, a chord bearing S
13024' 39" E, and a chord length of68.70 feet, said point also being the POINT OF
BEGINNING;
THENCE continuing along said curve, for a distance of 68.74 feet to a point;
THENCE WEST, for a distance of 33.33 feet to the southeast comer of said Mendez LTD. tract,
sa.id point being in the existing west right-of-way line of North Carroll A venue;
THENCE NORTH, for a distance of 126.04 feet to the POINT OF BEGINNING, containing
0.046 acres, more or less.
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June I, 1999
Ellhibit B
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Exhibit 'B'
Being a 0.2332 acre tract ofland in the W.W. Hall Survey, Abstract No. 695, City of South lake, Tarrant
County, Texas, and being a portion of the Carroll Aveni.le right-of-way and being more particularly
described as follows:
BEGINNING at a 1/2" iron pin found, said point being the southeast corner of a tract conveyed to
Juergen F. StI'unck in Vplume 6365 Page 206 (D.R.T.C.T.) and in the west right-of-way line of Carroll
A venue;
THENCE
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NORTH, along the east property line of said Strunck tract, for a distance of295.30 feet to
the northeast corner of said tract, said point being in the existing west right-of-way I ine of
North Carroll A venue;
EAST, for a distance of 32.64 feet to a point in the west line of Lot 2, Block 9 of the
Southlake Town Square addition;
S 000 4I'17"E, for a distance of295.32 feet continuing along said west line of Lot 2,
Block 9 of the South lake Town Square addition to a point, said point being in the existing
west line of Lot I, Block 9 of the Southlake Town Square addition;
WEST, for a distance of 36.18 feet to the POINT OF BEGINNING, containing 0.2332
acres, more or less, save and except 0.136 acres f<?r public use as two 10' utility
easements, and being more particularly described as follows.
10' Utility Easement #1
BEGINNING at a Y2" iron pin found, said point being the southeast corner of a tract conveyed to Juergen
F. Strunck in Volume 6365 Page 206 (D.R.T.C.T.) and in the west right-of-way line of Carroll Avenue;
THENCE
THENCE
THENCE
THENCE
NORTH, along the east property line of said Strunck tract, for a distance of295.30 feet to
the northeast corner of said tract, said point being in the existing west right-of-way line of
North Carroll Avenue;
EAST, for a distance of 10.00 feet to a point for a corner;
SOUTH, for a distance of295.30 feet to a point for a corner;
WEST, for a distance of 10.00 to the POINT OF BEGINNING, containing 0.068 acres,
more or less.
10' Utility Easement #2
COMMENCING at a W' iron pin found, said point being the southeast corner of a tract conveyed to
Juergen F. Strunck in Volume 6365 Page 206 CD.R.T.C.T.) and in the west right-of-way line of Carroll
A venue;
THENCE
THENCE
THENCE
THENCE
THENCE
EAST, for a distance of 26.18 feet to the POINT OF BEGINNING;
N 000 41' 17" W, for a distance of295.32 feet to a point for a corner;
EAST, for a distance of 10.00 feet to a point in the west line of Lot 2, Block 9 of the
South lake Town Square addition;
S 000 41' 17" E, for a distance of 295.32 feet to a point for a corner;
WEST, for a distance of 10.00 to the POINT OF BEGINNING, containing 0.068 acres,
more or less.
0:\00 1-232\232-L4 R.Doe
Exhibit D
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Exhibit 'B'
Being a 0.305 acre tract ofland in the W.W. Hall Survey, Abstract No. 695, City of South lake, Tarrant
County, Texas, and being a portion of the Carroll Avenue right-of-way and being more particularly
described as follows:
BEGINNING at a concrete monument found, said point being in the north right-of-way line of Southlake
Boulevard (PM 1709);
TH EN C E N 89' 23' 40" W, along the north righ t-of- way line of South lake Bou levard (PM 1709) for
a distance of3.66 feet to a W' iron pin found, said point being the southeast corner of Lot
1R2 of the W.W. Hall No. 695 Addition, Cabinet A, Slide 4545, (P.R.T.C.T.) and in the
west right-of-way line of Carroll Avenue;
THENCE N 00045' 53" W, along east line of said Lot 1 R2 and the west right-of-way line of Carroll
Avenue for a distance of280.99 feet to a W' iron pin found, said point being the northeast
corner of said Lot I R2;
THENCE S 890 54' 44" E, for a distance of 48.2 1 feet to a point in the west line of Lot l, Block 9 of
the South lake Town Square addition;
THENCE S 000 23' 09" E, for a distance of28\.53 feet to a point for a corner, said point being the
southwest corner of Lot l, Block 9 of the Southlake Town Square addition;
THENCE N 89000' 34" W, for a distance of 42.63 to the POINT OF BEGINNING, containing 0.305
acres, more or less, save and except 0.130 acres for public use as two lO' utility
easements, and being more particularly described as follows.
10' Utility Easement #1
BEGlNNlNG at a concrete monument found, said point being in the north right-oF-way line of South lake
Boulevard (FM l709);
THENCE
N 000 55' 39" E, for a distance of 28 \.0 1 feet to a W' iron pin found, said point being the
in the north line of said Lot 1 R2;
THENCE
S 890 54' 44" E, for a distance of 1 0.00 feet;
THENCE
S 00055' 39" W, for a distance of281.13 feet to a point in the north line of South lake
Boulevard (FM 1709);
THENCE
N 89000' 34" W, for a distance of 10.00 to the POINT OF BEGINNING, containing 0.065
acres, more or less.
10' Utility Easement #2
COMMENCING at a concrete monument found, said point being in the north right-of-way line of
South lake Boulevard (FM l709);
THENCE
S 89000' 34" E, for a distance of 32.63 feet to the POINT OF BEGINNING, said point
being in the north line of Southlake Boulevard (FM l709);
THENCE
N 00023' 09" W, for a distance of28\.53 feet to a point;
THENCE
S 890 54' 44" E, for a distance of 10.00 feet to a point in the west line of Lot l, Block 9 of
the Southlake Town Square addition;
THENCE
S 000 23' 09" E, for a distance of281.53 feet to a point in the north line of Southlake
Boulevard (PM 1709);
THENCE
N 890 00' 34" W, for a distance of 1 0.00 to the POINT OF BEGINN)NG, containing 0.065
acres, more or less. i
0:\00 '_B2\232-l-5R.DOC
Exhibit F
D2D 4D63 168 . p~ II
CITY OF SOUTH LAKE
OFFICE OF SECRETARY
1725 E SOUTHLAKE BLVD
SOUTH LAKE TX 76092
Submitter: RA TTIKIN TITl.E CO
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 02/19/200404:00 PM
Document No.:
0204053188
12 PGS
$34.00
L:D
By:
11111111 \1\1 \\1\\ 11\\\ 1\1\\ 11\1\ 111111\11\\\11\ \1\1\ \1\\ \11\
0204053188
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.
)0\
~I'
ORDINANCE NO. 773
AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN
PORTIONS OF LOTS 1 AND 2, BLOCK 9 OF THE SOUTH LAKE TOWN
SQUARE ADDITION IN THE CITY OF SOUTH LAKE, TARRANT
COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS
UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC
OWNERSHIP INTEREST AND CONTROL OF SAID RIGHT-OF-WAY;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake, Texas 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 right of way has been previously dedicated to the City of
Southlake by the owners of Lots 1 and 2, Block 9 of the Southlake Town Square
Addition 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 right-of-way located in portions of Lots 1 and 2,
Block 9 of the South lake Town Square Addition 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;
WHEREAS, in order to remove any question as to the continued interest or
ownership of the public in said right-of-way, the City desires to execute a quitclaim deed
releasing all title, ownership and control in said right-of-way to the owner of the abutting
property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF SOUTHLAKE, TEXAS:
,*r,
!iii'
SECTION 1.
The right-of-way in portions of Lots 1 and 2, Block 9 of the Southlake Town
Square Addition to the City of Southlake, Tarrant County, Texas, more specifically
described in Exhibits "A" and "B" attached hereto and incorporated herein for all
purposes, 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 right-of-way is hereby vacated and abandoned as public property and shall
revert in fee simple to the owner of Lots 1 and 2, Block 9 of the Southlake Town Square
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
right-of-way, on behalf of the City of Southlake, Texas.
SECTION 3.
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 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,
"91
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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 after its passage, and it
is so ordained.
~~
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.#~ ~2.lJ.l!!~~ MAYOR
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PASSED AND APPROVED ON SECOND READING ON THIS L DAY OF
~ ,2000. ~
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OVED AS TO FORM AND LEGALITY:
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QUITCLAIM DEED
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STATE OF TEXAS ~
~ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT ~
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That the City Council of the City of Southlake, County of Tarrant, State of Texas,
after careful study and consideration, has determined that the right of way of
portions of North Carroll Avenue, located in portions of Lots 1 and 2, Block 9 of
the Southlake Town Square Addition, located in the City of Southlake, hereinafter
more specifically described and depicted as on Exhibit "A" attached hereto and
incorporated herein, 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 ("Grantor") does hereby bargain, sell,
release, vacate, abandon and forever quitclaim unto S..Quthlake Venture West,
~.p. {"Grantees"), any and all of their heirs, legal representatives or assigns, all of
Grantor's right, title, and interest in and to the right of way described on Exhibit
"A" in proportion to their abutting ownership.
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TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the
above described right of way unto the said Grantee, his 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 right of way,
premises or appurtenances or any part thereof.
EXECUTED this
7
day of
~
,2000.
CITY OF SOUTHLAKE
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, Exhibit 'B'
Being a 0.143 acre tract of land in the Richard Eads Survey, Abstract No. 481, City of South lake, Tarrant
County, Texas, previously being a portion of the Carroll Avenue right-of-way and currently portions of
Lots I and 2, Block 9 of the South lake Town Square Addition, as recorded in Cabinet A, Slide 4892, Plat
Records, Tarrant County, Texas and being more particularly described as follows:
COMMENCING at a 112" iron pin found, said point being the southeast corner ofa tract conveyed to
Juergen F. Strunck in Volume 6365 Page 206 (D.R.T.C.T.) and in the original west right-of-way line of
Carro II A yen ue;
THENCE
S 89029' 49"E, for a distance of36.18 feet to the POINT OF BEGINNING, said point
being in the west property line of said Lot 1 of the South lake Town Square Addition, said
point also bears S 000 11 '06"E 5.16 feet from the northwest corner of Lot 1;
THENCE
N 000 1I'06"W, for a distance of 297.19 feet continuing along west property line of said
South lake Town Square Addition to a point for a corner in the west property line of Lot 2,
Block 9 of the Southlake Town Square Addition passing the northwest corner of Lot 1 at
5.16 feet;
THENCE
S ] 50 02' 30" E, for a distance of 97 .22 feet to a point for a corner in the east line of the
previous right-of-way line of North Carroll Avenue;
THENCE
S 000 1I'06"E, for a distance of203.52 feet continuing along said previous right-of-way
line to a point for a corner, said point being 5.16 feet south of the south property line of
Lot 2, Block 9 of the South lake Town Square Addition;
THENCE
N 89029' 50" W, for a distance of24.93 feet to the POINT OF BEGINNING, containing
6,241 square feet or 0.143 acres, more or less.
0:\001.2J2\2J2-L6.DOC
Ja"uary 7. 2000
I(;;E~?(>\
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. "c;::: ,.;ND CORflECT COpy OF
';;:1iC:;!!'i/,;., F:t:(;Of':D FII ED IN
FAf'li'Wn COUNTY, TE~\(AS;
:::.UZNmC Ha.IDEFISON, COUNTY CLEf\f(
8 '{ 11"\ n\.
. --L!"_l1L-_~____" Deputy
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THENCE
N 000 1I'06"W, for a distance of297.19 feet continuing along west property line of said
Southlake Town Square Addition to a point for a corner in the west property line of Lot 2,
Block 9 of the Southlake Town Square Addition passing the northwest corner of Lot 1 at
5.16 feet;
THENCE
S ISo 02' 30" E, for a distance of97.22 feet to a point for a corner in the east line of the
previous right-of-way line of North Carroll Avenue;
THENCE
S 000 1I'06"E, for a distance of203.52 feet continuing along said previous right-of-way
line to a point for a corner, said point being 5.16 feet south of the south property line of
Lot 2, Block 9 of the South lake Town Square Addition;
THENCE
N 89029' 50" W, for a distance of24.93 feet to the POINT OF BEGINNING, containing
6,241 square feet or 0.143 acres, more or less.
G:\OO 1.232\232.L6.DOC
January 7. 2000
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D200068668
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE, TX 76092
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-W A R N lNG-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
200181495
REGISTER
DR93
RECD'-BY
MD
PRINTED DATE TIME
04/04/2000 09:14
1
2
INSTRUMENT FEECD
D200068668 WD
02 COPIES CC
INDEXED TIME
20000404 09:14 CG
COP I E S
TOT A L
DOCUMENTS: 01
FEE S:
41. 00
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.
,
~
rp.
ORDINANCE NO. 823
OFFICIAL RECORD
AN ORDINANCE VACATING AND ABANDONING A RIGHT OF WAY IN
PORTIONS OF LOTS 1 AND 2, BLOCK 9 OF THE SOUTHLAKE TOWN
SQUARE ADDITION IN THE CITY OF SOUTHLAKE, TARRANT COUNTY,
TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE
BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A
QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP INTEREST AND
CONTROL OF SAID RIGHT-OF-WAY; PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING 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 right of way has been previously dedicated to the City of Southlake by the
owners of Lots I and 2, Block 9 of the Southlake Town Square Addition 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 right-of-way located in portions of Lots I and 2, Block 9 of the Southlake Town
Square Addition is not being used by, nor useful or convenient to the public in general; save and except
for a utility easement for existing utility facilities.
WHEREAS, in order to remove any question as to the continued interest or ownership of the
public in said right-of-way, the City desires to execute a quitclaim deed releasing all title, ownership,
and control in said right-of-way to the owners of the abutting property, save and except for a utility
easement for existing utility facilities.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
SOUTHLAKE, TEXAS:
SECTION 1
The right-of-way in portions of Lots 1 and 2, Block 9 of the Southlake Town Square Addition to
the City of Southlake, Tarrant County, Texas, more specifically described in Exhibits "A" and "BOO
attached hereto and incorporated herein for all purposes, is not being used by, nor useful or convenient
to the public in general. Save and except for a utility easement for existing utilities. 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 right-of-way is hereby vacated and
abandoned as public property save and except for a utility easement for existing utilities.
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 right-of-way on the behalf of the
City of Southlake, Texas.
SECTION 3
A copy of said quitclaim shall be presented for filling 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 judgement 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 after its passage, and it is so ordained.
PASSED AND APPROVED ON FIRST READING ON THIS
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Exhibit 'B'
Being a 0.161 acre tract of land in the Richard Elida Survey, Abstract No. 481, City of Southlake, Tarrant.
County, T...., previously boinS a portion ofth. Carroll Avenue right-of-way and currently portion of
Lot I, Blnek 9 of the Southlake Town .Squaro Addition, as recorded in Cabinet A, Slide 4892, Plat
Recorda, Tart,,"! County, Texas and boinS more particularly described IS fnllows:
BEGINNING at a 518" iron pin found, ssid point bolns the southwest enmer of said Lot I, Blnek 9 of tho
Soulhlake TOWII Square Addition;
THENCE N 00' II' 06"W, for s distance of28I.S3 feel enntinuing along w.st property line of said
Lot 1, Block 9 of the Southlake Town Square Addition to a point for a comer,
THENCE S 89' 29' 50"E, for a distanc. of 24.93 feet to a point for a enmer in the wast property line
of said. Lol I, Block 9 ofth. Southlak. Town Square Addition, said point boing in tho north
property line of Lot I, BlOck 9 of the SouthlakeTown Square Addition;
THENCE S 00' 11' 06"E, for a distance of28J.78 feet to a point for. comer, said point boingin the
south property line of said Lot I of the South lake Town Square Addition;
THENCE N 88' S4'28"W, for a distance of24.94 feet enntinuing along south property line of said
Southlake Town Square Addition to the POINT OF BEGINNING, containing 7,021"'1uare
feet or 0.161 acres, moreo~ less. .
O:\OOI.2)11J32.U.DOC
OCIO'*', 2001
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 the right-of-way of North Carroll Avenue, located in the
City of Southlake, hereinafter more specifically described and depicted as on Exhibit "A" attached
hereto and incorporated herein, 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 ("Grantor") does hereby bargain, sell, release, vacate, abandon and
forever quitclaim unto: South lake Venture West, L.P. ("Grantees"), and any and all of their heirs, legal
representatives or assigns, all of Grantor's right, title, and interest in and to the right-of-way described
on Exhibit "A" in proportion to their abutting ownership save and except for a utility easement for
existing utility facilities.
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described
right-of-way unto the said Grantee, his 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 right-of-
way premises or appurtenances or any part thereof.
EXECUTED this ~d.
CjfVllildlj
2-
, 200t
day of
CITY OF SOUTHLAKE, GRANTOR
~~
By. I
. -Ji{A. OR .-
STATE OF TEXAS ~
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This o/~ment
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Not8ry PUbliC "
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My commission expires:
Return to:
City Secretary
City of Southlake
1400 Main Street
Suite 270
Southlake, Texas 76092
Grantee:
acknowledged before me 11.01} tht1....L d~ rt...! day
, 20Q.1, by L{VJ fL-yM {CA c.JG .-XI11J. C<J .
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D202050991
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE, TX 76092
-Wi 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
202166801
REGISTER
DR2A
RECD-BY
LW
PRINTED DATE TIME
02/22/2002 10:04
1
INSTRUMENT FEECD
D202050991 WD
INDEXED TIME
20020222 10:04
CG
TOT A L
DOCUMENTS: 01
FEE S:
23.00
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.