1106 Ordinance No. 1106
ORDINANCE NO. 1106
AN ORDINANCE VACATING AND ABANDONING A
PERMANENT UTILITY EASEMENT LOCATED ON A
TRACT OF LAND DEEDED TO ROGER H. BOHANNAN
AND WIFE, DONNA AS RECORDED IN VOLUME 11077,
PAGE 272 OF THE DEED RECORDS OF TARRANT
COUNTY AND RECORDED AS INSTRUMENT NO.
D193104789 IN TARRANT COUNTY; DECLARING THAT
SUCH EASEMENTS ARE 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. D193104789, 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 utility easement located on a tract of land deeded to Roger H.
Bohannan and wife, Donna as recorded in Volume 11077, Page 272 of the deed records of
Tarrant County, in the City of Keller, more specifically described in the county records as
Instrument No. D193104789. 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
1
Ordinance No. 1106
to execute quitclaim deed for the above mentioned property in Section 1 to the following
entity: Terra Creekview LLC.
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.
PASSED AND APPROVED ON FIRST READING ON THIS 4T11 DAY OF
NOVEMBER, 2014.
JOHN C. TE , MAYOR
ATTEST: ' �,,,` • vTH s•• �-
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Ordinance No. 1106
PASSED AND APPROVED ON SECOND READING ON THIS 18TH DAY OF
NOVEMBER, 2014.
40pAr
JOHN C. TERREL . - YOR
ATTEST: `` ••%,; 4;),:: ,,,, M- • '
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LORI PAYNE, ITY SCIITARY 17
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EFFECTIVE: k /v'e4444 4) ,O`
APPROVED AS TO FORM AND LEGALITY: 'Cl,y/s
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CITY ATTORNEY / '
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NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON,
YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING
INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN
REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER.
QUITCLAIM DEED
STATE OF TEXAS
COUNTY OF TARRANT
KNOW ALL MEN BY THESE PRESENTS:
The City Council of the City of Southlake, County of Tarrant, State of Texas, after
careful study and consideration, has determined that an existing permanent utility easement
granted to the City by Roger H. and Donna Bohannan, filed with the County Clerk of Tarrant
County, Texas as Instrument No. D193104789 and recorded in volume 11077, page 0272 of the
deed records of Tarrant County, Texas is not being used by, nor useful or convenient to the public
in general; and it therefore constitutes a public charge without a corresponding public benefit and
the public would be better served and benefited by its vacation and abandonment.
Therefore, 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 assign and convey and forever quitclaim unto the current owner
of the fee estate on which such easement is located, specifically, Terra Creekview LLC, Grantee,
and its successors or assigns, all of the City's right title, and interest, if any, in and to the real
property described in the attached Exhibit A and shown on the attached Exhibit B.
In accordance with governing law, the undersigned has been authorized to execute this
cyveyance by Ordinance No. 1106, passed by the City Council of the City of Southlake on
V�4 firi 9/ ' /1 , a copy of which ordinance is attached hereto as Exhibit C and
incorporated herein by reference.
This deed shall convey any right, title and interest, if any, owned by Grantor in and to the
above described property unto the said Grantee, so that Grantee, and its heirs and assigns, shall
have and hold such property conveyed, if any, forever, and so that neither Grantor nor Grantor's
successors or assigns shall have, claim or demand any right or title to the aforesaid property,
premises or appurtenances or any part thereof.
Executed this the /g day of W,Weekth.€4/ , 2014.
CITY OF SOUTHLAKE, Grantor
B „ / tip ��
Y:
The Honorable ohn Terrel ayor
ATTEST: `,,,,`wmtu,,,,,,
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Lori Payne, City Secret: : v m +
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STATE OF TEXAS
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared John Terrell,
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 l day of
N0 ✓nn b',//2014.
, „ ,„„ „,„, , 4/04:p
4 9 4 x 6 LORI PAYNE
TA RY PUBUC Notary Public in d for the State of Texas
COW110111011 WORM
27 -2017
My Commission expires: , v ?-�.- ?-O
After filing please return to:
City Secretary
City of Southlake
1400 Main Street
Southlake, Texas 76092
•
EXHIBIT 'A'
Being a permanent access and utility easenent out of the Sam::el H. 'Thompson
Survey, Abstract 1504 in Tarrant County, Texas and being more particularly
described by metes and bounds as follows:
Beginning at the westerly southwest corner of a tract of lard deeded to Roger
H. Bohanrar and wife, Donna, as recorded in Volume 6050, Page 363 of deed
records of Tarrant County, Texas.
28F2JCE North 12 degrees 34 minutes 0 seconds East, a distance of 15.04
feet to a point for a corner;
'I4 WE North 89 degrees 32 minutes 0 seconds East, a distance of 800.45
feet to a point for a corner;
i12rTJCE South 58 degrees 9 minutes 35 seconds East, a distance of 28.07
feet to a point for a corner;
THENCE South 89 degrees 32 minutes 0 seconds West, a distance of 827.64
feet to a point for a corner, said point being the point of
beginning and containing 0.2803 acres of land, more or less.
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•ACS /TRC• TARRANT Doc: 000104789 Date: 05/28/1993 Vol: 0011077 Page: 00272 Page: 3 Of 5
EXHIBIT 'B'
ROGER H. BOHANNON & WIFE
VOL. 6050 P. 363
PROPOSED 15.00' ACCESS
AND UTILITY EASEMENT
Nf2 j Q0 ,
45 : 10' E
P.O.B. --. f'M 1
EAST gy p '
to : to . - : j SAMUEL IL. THOMPSOP4
N : N SURVEY ABSTRACT NO. 1504
rz , :.1
, 7EVPORARY co.vslRucnc.v EASEAdEvr
PROPOSED 15.00'
ACCESS AND UTILITY .
EASEMENT .....•.I
•
i
T`�.
NORTH
1"=60° .......
S58 09'35 E
28.07'
r.
— — — fir— — —
I
ROGE H. BOHANNAN & 1NFE
VOL 6050. P. 363
D.R.T.c.T.
O0141718.DWG
s
1 certify that this is a / • 0
C$ AND ASSOCIATES true and
s: accurst• this
/ ; `o� s t \
re p • s a cu of �
1170 CORPORATE DRIVE WEST SUITE 207 surrey as made on the ' y, • „A
i,
ARLINGTON, TEXAS 78008 Around and that there (' .DIE L. CHEATHAM ` :
METRO 817) 640 -4329 are no visual enoroaohments 2346
(817) 3 -1023 except au shown.
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y0'.SUit46't- .J.... I DATE : 2 m .• a�j
•ACS /TRC• TARRANT Doc: 000104789 Date: 05/28/1993 Vol: 0011077 Page: 00272 Page: 4 Of 5
Ordinance No. 1106
ORDINANCE NO. 1106
AN ORDINANCE VACATING AND ABANDONING A
PERMANENT UTH.dTY EASEMENT LOCATED ON A
TRACT OF LAND DEEDED TO ROGER H. BOHANNAN
AND WIFE, DONNA AS RECORDED IN VOLUME 11077,
PAGE 272 OF THE DEED RECORDS OF TARRANT
COUNTY AND RECORDED AS INSTRUMENT NO.
D193104789 IN TARRANT COUNTY; DECLARING THAT
SUCH EASEMENTS ARE 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 ECTIVE 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. D193104789, 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 utility easement located on a tract of land deeded to Roger H.
Bohannan and wife, Donna as recorded in Volume 11077, Page 272 of the deed records of
Tarrant County, in the City of Keller, more specifically described in the county records as
Instrument No. D193104789. 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
1
Ordinance No. 1106
to execute quitclaim deed for the above mentioned property in Section 1 to the following
entity: Terra Creekview LLC.
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.
PASSED AND APPROVED ON FIRST READING ON THIS 4TH DAY OF
NOVEMBER, 2014.
� tZI
JOHN C. TE ' ' , MAYOR
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Ordinance No. 1106
PASSED AND APPROVED ON SECOND READING ON THIS 18TH DAY OF
NOVEMBER, 2014.
,=e 4 Iv °
JOHN C. TERREL -, ' YOR
ATTEST: ,� , O .il,llll MO,, ��I'
S6 SOUTH .,,
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LORI PAYNE, ITY S$CI TARY , 9
EFFECTIVE: A/D 4 11 �O`I
APPROVED AS TO FORM AND LEGALITY:
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CITY ATTORNEY / ,'
3
MARY LOUISE GARCIA 1,
COUNTY CLERK,,
•'� 100 West Weatherford Fort Worth, TX 76196 -0401
s
* *f * '' : 0** PHONE (817) 884 -1195
CITY OF SOUTHLAKE
1400 MAIN ST STE 270
SOUTHLAKE, TX 76092
Submitter: CITY OF SOUTHLAKE
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL RECORD.
Filed For Registration: 12/5/2014 10:32 AM
Instrument #: D214263640
WD 8 PGS $40.00
By:
D214263640
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.