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1019 CITY OF SOUTHLAKE ORDINANCE NO. 1019 AN ORDINANCE AUTHORIZING THE SALE OF PROPERTY AND ABANDONING AN ACCESS EASEMENT AT 4429 SODA RIDGE ROAD CONVEYED TO THE CITY OF SOUTHLAKE AND RECORDED IN VOLUME 14, PAGE 5, PLAT RECORDS, DENTON COUNTY, TEXAS; DECLARING THAT A 0.172 ACRE PROPERTY AND ACCESS EASEMENT ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE SPECIAL WARRANTY DEED RELEASING PUBLIC INTEREST OF THE 0.172 ACRE PROPERTY AND ACCESS EASEMENT; 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 a 0.172 acre property, located in the City of Southlake, recorded in Volume 14, page 5, Plat Records, Denton County, Texas. is not being used by, nor useful or convenient to the public in general; therefore, it would be better served and benefited by its sale; and WHEREAS, the City Council of the City of Southlake has determined the property was conveyed to the City of Southlake for the use of the public by Aqua Utilities, Inc. and recorded in volume 14, page 5, Plat Records, Denton County, Texas; together with an access easement all set out in Exhibit A attached hereto. WHEREAS, in order to remove any question as to the continued interest in the property, the City desires to execute a special warranty deed releasing all title and control in said 0.172 acre property and access easement to Ray Wilson; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF SOUTHLAKE, TEXAS: SECTION 1 A 0.172 acre property, located in the City of Southlake, recorded in Volume 14, page 5, Plat Records, Denton County, Texas, more specifically described in Exhibit "A ". Exhibit "A" attached hereto and incorporated herein for all purposes, is not being used by, nor useful or convenient to the public in general and the 1 public would be better served and benefited by the sale of the 0.172 acre property and access easement. SECTION 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a special warranty deed to the following entity: Ray Wilson for the property described in Exhibit "A ". SECTION 3 Copies of said quitclaim deeds shall be presented for filing with the County Clerk of Denton 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. PASSED AND APPROVED ON FIRST READING ON THIS 15th DAY OF NOVEMBER, 2011. 1 MAYOR ATTEST: ,_ l 'i CITY SECRETARY r ce c • t. *, ,,,,, 2 PASSED AND APPROVED ON SECOND READING ON THIS 6th DAY OF DECEMBER, 2011. ' MA OR �,�.��` F ATTEST: , •,, Ap � .. • cn c CITY SECRETARY = v , so,,, ,, EFFECTIVE: /Q4'Il APPROVED AS TO FORM AND LEGALITY: e ‘J CITY ATTORNEY 7 2 3 EXHIBIT "A" The Property Being the East 100 feet of the North 50 feet of Lot 3, Block C, of Lakewood Ridge Addition, an Addition to the County of Denton, Texas, according to the plat thereof recorded in Volume 14, Page 5, Plat Records, Denton County, Texas said property being described by metes and bounds as follows: Commencing at the Northwest corner of Lot 3, Block C Lakewood Ridge Addition in the East line of Soda Ridge Road; THENCE, East along the North line of said Lot 3, 217.97 feet to the POINT OF BEGINNING; THENCE, South parallel with the East line of said Lot 3, 50 feet to a point for corner; THENCE, East parallel to and at all times 50 feet south of the North line of said Lot 3, a distance of 100 feet to the East line of said lot 3; THENCE, North along said East line, 50 feet to the Northeast corner of said Lot 3; THENCE, East along the North line of said Lot 3, 100 feet to the POINT OF BEGINNING. Together with a 20 foot access easement to the property described above and being a part of the North 20 feet of Lot 3, Block C, of Lakewood Ridge Addition, an Addition to the County of Denton, Texas, according to the plat thereof recorded in Volume 14, Page 5, Plat Records, Denton County, Texas said property being more particularly described by metes and bounds as follows: BEGINNING at the Northwest corner of Lot 3, Block C Lakewood Ridge Addition in the East line of Soda Ridge Road; THENCE, East along the North line of said Lot 3, 217.97 feet to a point for corner in the common line of this easement and the above described property; THENCE, South parallel with the East line of said Lot 3, along said common line, 20 feet to a point for corner; THENCE, West parallel to and at all times 20 feet South of the North line of said Lot 3, a distance of 220.00 feet, more or less, to a point for corner in the West line of said Lot 3 and in the East line of Soda Ridge Road; THENCE, in a Northeasterly direction along the West line of said Lot 3 and the East line of Soda Ridge Road, a distance of 20.76 feet, more or less to the POINT OF BEGINNING. 4 INVOICE Star - Telegram Customer ID: CIT57 400 W. 7TH STREET RECEIVED Invoice Number: 3190440110.e FORT WORTH, TX 76102 ej (817) 390 -7761 Invoice Date: 11/29/2011 e:, Federal Tax ID 26- 2674582 Terms: Net due in 21 days v 4 2 Due Date: 11/30/2011 Bill To: CITY OF SOUTHLAKE OFFICE OF ore SECRETARY PO Number: 21200238 1400 MAIN ST Order Number: 31904401 STE 440 Sales Rep: 073 SOUTHLAKE, TX 76092 -7604 Description: PUBLIC HEARING Attn: Attn: ACCOUNTS PAYABLE Publication Date: 11/29/2011 PUBLIC HEi C " `� ' I3580 1 26 26 LINE $6.25 $162.56 Notice is her 41v4n it al{ inter- ested Ni hat the City council of the City of Southlake, Texas, Sales Discout win hold a public heating on ($128.10) Tuesday December b 2011, at 5:30 p.m. or Immediately following the Misc Fee City Council Work Session In the Council Chambers at City Hall, 1400 $10.00 Main Street, Southlake, Texas. The purpose of this hearing is to consider. • Ordinance No. 1019 authorize the sale of city owned property at 4429 Soda Ridge Road in the amount of Net Amount: $44.46 $9,125.00 • Ordinance No. 1018 providing for. exempt the under d Section 11 253 of the ``` IIHO �'' All Interested persons are urged to 5 .* attend. Q� ;13V P(/ e City of Southlake Ai p ' lcia Richardson, TRW V : 2 r ' City Secretary ,- THE STATE OF TEXAS / // /q / � �07 1 11 $1 , ,, ` County of Tarrant Before me, a Notary Public in and for said County and State, this day personally appeared Deborah Baylor Norwood, Bid and Legal Coordinator for the Star - Telegram, published by the Star - Telegram, Inc. at Fort Worth, in Tarrant County, Texas; and who, after being duly sworn, did depose and say that the attached clipping of an advertisement was published in the above named paper on the listed dates: BIDS & LEGAL DEPT. STAR TELEGRAM (817) 215 -2323 �, l signed �L3�.L \� `�i� 1/4--- S\Q"•. ,— SUBSCRIBED AND SWORN TO BEFORE ME, THIS Monday, Dec- b . ti, 2011. / Notary Public / . _ _! / _ .i � _ 7 . Thank You For Your Payment Remit To: Star - Telegram Customer ID: CIT57 P.O. BOX 901051 Customer Name: CITY OF SOUTHLAKE FORT WORTH, TX 76101 -2051 Invoice Number: 319044011 Invoice Amount: $44.46 PO Number: 21200238 Amount Enclosed: $