1059Ordinance No. 1059
ORDINANCE NO. 1059
AN ORDINANCE VACATING AND ABANDONING A
PERMANENT EMERGENCY ACCESS EASEMENT
LOCATED ON THE THOMAS M. HOOD SURVEY,
ABSTRACT NO. 706 AND RECORDED AS INSTRUMENT
NO. D210295331 IN TARRANT COUNTY; DECLARING
THAT SUCH EASEMENT IS UNNECESSARY FOR USE BY
THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE
QUITCLAIM DEEDS RELEASING PUBLIC INTEREST OF
THIS 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 these easements, located in the City of Southlake,
recorded as Instrument No. D210295331, are 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 abandonment; and
WHEREAS, in order to remove any question as to the continued interest in the
easements, the City desires to execute quitclaim deeds releasing all title and control in
said easements to the owners of the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
A permanent emergency access easement located on the Thomas M. Hood
Survey, Abstract No. 706, in the City of Southlake, more specifically described in the
county records as Instrument No. D210295331. 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 abandoned 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: Terra/Shady Oaks, L.P..
Ordinance No. 1059
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. 1059
PASSED AND APPROVED ON FIRST READING ON THIS 15th DAY OF
JANUARY, 2013.
MAYOR
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PASSED AND APPROVED ON SECOND READING ON THIS 5th DAY OF
FEBRUARY, 2013.
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APPROVED AS TO FORM AND LEGALITY:
CITY ATTORNEY
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