Diamond Circle Estates (Lots 5 and 6, Block 6) - Termination of Temporary Construction EasementA RESOLUTION
OFFICIAL
RESOLUTION NO. 98-16
VACATING AND ABANDONING
A TEMPORARY
CONSTRUCTION EASEMENT IN LOTS 5 & 6, BLOCK 6. DIAMOND
CIRCLE ESTATES ADDITION, IN THE CITY OF SOUTHLAKE,
TARR.~NT COL~TY, TEXAS; DECLARING THAT SUCH PROPERTY IS
L.'N.'NECESSARY FOR USE BY THE PI~LIC: AUTHORIZING THE
.MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUITCLAIM
DEED RELEASING PU'BLIC O~.~.'NERSHIP, INTEREST OR CONTROL
OF SAID UTILITY 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 temporary construction easement has been previously dedicated to the
City of Southlake by the owner of Lots 5 & 6, Block 6, Diamond Circle Estates Addition to the
City of Southlake, Tarrant County, Texas.
WHEREAS, the City Council of the City of Southlake, after careful study and
consideration, has determined that the temporary construction easement located in Lots 5 & 6,
Block 6, Diamond Circle Estates Addition (the "Construction Easement") are 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 Construction Easement is more specifically described on the attached
exhibits:
EXHIBIT A: Graphic Depiction
EXHIBIT B: Legal Description
Cff'¥ OF SOUTHLAI(E ADMINISTRATIVE OFFICES
OFFICE OF CITY SECRETARY
172,5 E SOUTHLAKE 6LVO.
SOUTHLAKE, TEXAS 76092
WHEREA'S. in order to remove any question as to the continued interest or ownership of
the public in said Construction Easement. the City desires to execute a Quitclaim Deed releasing
ali title, ox~ nership and control in said easements to the owner or owners of Lots 5 & 6. Block 6.
Diamo~xd Circle Estates Addition. NOW, THEREFORE, BE IT RESOLVED BY TIKE
CITY COL.~CIL OF THE CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The Construction Easements, as described herein, are 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 construction easement, located on Lots 5 & 6, Block 6,
Diamond Circle Estates Addition to the City of Southlake, Tarrant County. Texas, are hereby
vacated and abandoned as public property and such area shall revert in fee simple to the owner of
Lots 5 8.: 6. Block 6, Diamond Circle Estates 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 the behalf of the City of Southlake, Texas. A copy of said quitclaim deed shall be presented
tbr filing with the County Clerk of Tarrant County, Texas by the or'flee of the City Secretary.
SECTION 3
This resolution shall be in full force and effect from and after its passage as provided by
PASSED AND APPROVED ON THIS ~ , DAY OFFS, 1998.
MAYOR
APPROVED AS TO FORM AND LEGALITY:
City Attorney
D198060121
CITY OF SOUT~LAKE
667 N CARROLL AVE
SOUT~LAKE, TX 76092
-W k R N I N G-T~{IS IS PART OF T~{E OFFICIAL RECORD--D O N O T D E S T R O Y
INDEXED-- TARRANT COUNTY TEXAS
S U Z A N N E ~ E N D E R S O N -- COUNTY CLERK
OFFICIAL RECEIPT
T O: CITY OF SOUT~LAKE
RECEIPT NO
198155233
REGISTER RECD-BY PRINTED DATE TIME
DR92 T004891 03/25/98 09:05
INSTRUMENT FEECD INDEXED TIME
1 D198060121 WD 980325 09:05 CG
T O T A L : DOCUMENTS: 01 F E E S: 13.00
B Y:
ANY PROVISION WI~ICH RESTRICTS T~E SALE RENTAL OR USE
OF TME DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE
IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
OFFICIAL REC"-
QUITCLAIM DEED %~ ' ~ '~'
STATE OF TEXAS §
§ ICNO~,V ALL MEN BY THESE PRESENTS:
COL.'NTY OF TARtL~NT §
That the City Council or' the Cit.~ of Southlake. Count.,,' of Tarrant. State of Texas. after careful
study and consideration, has determined that a certain construction easement located in Lots 5 &
6. Block 6. Diamond Circle Estates Addition. hereinafter specifically described, is not being
used by. nor useful or convenient to the public in general: theretbre, it constitutes a public
charge without a corresponding public benefit, and the punic would be better served and
benefited by its vacation and abandonment. For and in consideration of the above findings and
tbr 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: Frank Putt 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 Count.,,'. Texas. to wit:
~' See Exhibit 'A': Graphic Depiction
See Exhibit 'B': Legal Description
TO HAVE AND TO HOLD all of its right, title and interest in and to the above described utility
easements 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 construction easement premises or appurtenances or any part thereof.
Executed this the
CITY OF SOUTHLAKE
day of~ , 1998.
RICK STACY. Mayor
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 is subscribed to the
fi)regoing instrument, and acknowledged to me that he executed the same for the purposes and
consideration therein expressed.
GIVEN' V,~I?.ER~,N~Y HAND AND SEAL OF OFFICE this the 6 day of__
Notary Public in and for the State oi" Texas
My commission expires:
Return to:
City Secretary
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
Grantee:
Frank Putt
#2 Palmetto Court
Trophy Club. Texas 76262
D198060120
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 N 0 T D E S T R 0 Y
INDEXED-~ TARRANT COUNTY TEXAS
S U Z A N N E H E N D E R S O N -- CO~Y CLERK
OFFICIAL RECEIPT
T O: CITY OF SOUTHLAKE
RECEIPT NO
198155232
REGISTER RECD-BY PRINTED DATE TIME
DR92 T004891 03/25/98 09:05
INSTRUMENT FEECD INDEXED TIME
i D198060120 WD 980325 09:05 CG
T O T A L : DOCUMENTS: 01 F E E S: 11.00
BY:
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.
OFFICIAL RECORD
TERMINATION OF TEMPORARY CONSTRUCTION EASEMENT
STATE OF TEXAS §
COUNTY OF TARRANT §
KNOW ALL MEN BY THESE PRESENTS:
WHEREAS, Frank Putt granted a Proposed 40' Temporary Construction Easement (the
"Easement") to the City of Southlake ("Grantee") as shown on Exhibit A to instrument dated
December 12, 1995 recorded in Volume 12226, Page 0963, Official Public Records of Real
Property of Tarrant County, Texas; and
WHEREAS, Grantee has completed its construction and has no further use for the
Easement.
NOW, THEREFORE, IN CONSIDERATION OF THE FOREGOING, TEN AND
NO/100 DOLLARS ($ I 0.00) and other good and valuable consideration, Grantee hereby
FOREVER RELEASES the Easement.
IN WIZg~E.SS ~WI?EREOF, the undersigned have executed this instrument effective the
day of /~[~"~, 1998.
STATE OF TEXAS §
COUNTY OF TARRANT §
CITY OF SOUTHLAKE
Title:
This instmm~Lxv~ledged before me on the
day' of~ll,/.~.., 1998 by
of the City of Southlake.
My Cornn~~-~* ......
P:\REALX2294\5\TERM-EAS.DOC
2/19/98