0652ORDNANCE NO. 652
AN ORDINANCE VACATING AND ABANDONING AN INGRESS AND
EGRESS ROAD EASEMENT IN THE CITY OF SOUTHLAKE,
TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY
IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE
MAYOR OF THE CITY OF SOUTHLAKE TO EXECUTE A QUIT
CLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST AND
CONTROL OF THIS INGRESS AND EGRESS ROAD EASEMENT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City of Southlake is a home city acting under its charter adopted by the
electorate pursuant of Article XI, Section 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 this ingress and egress road easement in the City of Southlake,
is not being used by, nor useful or convenient to the public in general; therefore, it constitues a
public charge without a corresponding benefit, and the public would be better served and
benefitted by its vacation and abandonment; and
WHEREAS, in order to remove any question as to the continued interest or ownership of
the public in said ingress and egress road easement, the City desires to execute a quitclaim deed
releasing all title, ownership and control in said ingress and egress road easement to the owners
of the abutting property,.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF SOUTHLAKE, TEXAS:
SECTION 1
The following ingress and egress road easement is hereby vacated and abandoned as a:
dedicated ingress and egress road easement, more specifically described in Exhibit A and shown
on Exhibit B. Further, the franchise utility companies have expressed no objection to the
abandonment of said ingress and egress road easement as recounted in Exhibit C. Exhibits A, B
and C are attached hereto and incorporated herein for all purposes. The ingress and egress road
easement 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
benefitted by its vacation and abandonment. The ingress and egress road easement so vacated
and abandoned shall revert in tee simple to the owners of the abutting property.
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 ingress and
egress road easement on the 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
-['arrant 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.
OF
PASSED AND APPROVED ON FIRST READING ON THIS
~ ,1995.
DAY
ATTEST:
OlTY SECRETARY
OF ,
PASSED AND APPROVED ON SECOND READING ON THIS
DAY
1995.
ATTEST:
APPROVED AS TO FORM AND LEGALITY:
City Attorney
4
QUITCLAIM DEED
STATE OF TEXAS § KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
For and in consideration of the sum of Ten Dollars 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 quit claim unto: MTP-IBM
and any and all of their heirs, legal representatives or assigns, all of Grantor's right, title, and interest
in and to the property described on Exhibit "A" and shown on Exhibit "B," attached hereto and
incorporated herein for all purposes.
TO HAVE AND TO HOLD all of Grantor's fight, title, and interest in and to the above
described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor
its heirs, legal representatives or assign shall have, claim or demand any fight or title to the aforesaid
property premises or appurtenances or any part thereof.
EXECUTED this the __ day of
,1995.
CITY OF SOUTHLAKE
By:
Gary, Fickes, Mayor
STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the
, 1995, by
· day of
Notary Public in and for the State of Texas
My commission expires:
Type or Print Notary's Name
Grantee Address:
Return to:
City Secretary
City of Southlake
667 N. Carroll Ave.
Southlake, Texas 76092
2
EXHIBIT ~%
METES AND BOUNDS DESCRIPTION
Being a proposed 40.0 foot road easement out of the R.D. Price
Survey, A-1207, Tarrant County, Texas, and being described by
metes and bounds as follows:
BEGINNING at a point 1047.8 feet North and 222.5 feet East of
the Southwest corner of the R.D. Price Survey;
THENCE East 846.8 feet to a point in the West R.O.W. line of
County Road ~3016;
THENCE North along the West R.O.W. line of said road 40.0 feet
to a point;
THENCE West 816.6 feet to a point;
THENCE South 40.0 feet to the place of beginning.
Being that same Road Easement granted by Harry Boyer and wife,
Carolyn A. Boyer, dated October 26, 1964, filed October 29,
1964, and recorded in Volume 3991, Page 591, Deed Records,
Tarrant County, Texas.
~517.115P'4/JKFI1852/080995
EXHIBIT
T.W.MANN IURVEY
I U ~ V I Y
D. DOUTHIT SURVEY
A - 448
R. O. PRICE SURVEY
U R V E Y
UTILITY COMPANY .~d~PROV.-~-S
We, the undersigned, as duly authorized representatives of the respective utility companies,
hereby express no objection to the abandonment * u d~crilt~d on the
attta~h~l exhibits.
Pria~dN~: GoCdon Hood
Tide: Right of Way Manager
D~m: September 14, 1995
Prittt~ Nai~: _~cnn2c A,,d .... n
Tide: donsZruction Manager
* of a public ingress and egress easement, being a proposed 40.0
foot road easement out of the R.D. Price Survey, A-1207, Tarrant
County, Texas and being that same road easement granted by Harry
Boyer and ¥ife, Carolyn A. Boyer, dated October 26, 1964, filed
October 29, 1964, and recorded in Volume 3991, Page 591, Deed
Records, Tarrant County, Texas
EXHIBIT A
METES AND BOUNDS DESCRIPTION
Being a proposed 40.0 foot road easement out of the R.D. Price
Survey, A-1207, Tarrant County, Texas, and being described by
metes and bounds as follows:
BEGINNING at a point 1047.8 feet North and 222.5 feet East of
the Southwest corner of the R.D. Price Survey;
THENCE East 846.8 feet to a point in the West R.O.W. line of
County Road ~3016;
THENCE North along the West R.O.W. line of said road 40.0 feet
to a point;
THENCE West 816.6 feet to a point;
THENCE South 40.0 feet to the place of beginning.
Being that same Road Easement granted by Harry Boyer and wife,
Carolyn A. Boyer, dated October 26, 1964, filed October 29,
1964, and recorded in Voltune 3991, Page 591, Deed Records,
Tarrant County, Texas.
33517.1/$P3/JKF/1852/080995
EXHIBIT B
D. OOUTHIT lUlfIVEY
T.W.MANN SURVEY
Exhibit C
L'TILITY COMPANY :LPpRov.~t.S
We, the underside'd, as duly authorized representatives of the respective utility companies,
hereby express os objection to t~¢ abandonment * ~a described on the
atlz~hed exhibits.
T~ ~ Electric
~ N~: Gordon Hood
Tide: Right of Way Manager
D~: September 14, 1995
Tide: Flc~ag~r En~in~rinq-R.O..W.
Tide: Construction i{ana~er
DaM:
* of a public ingress and egress easement, being a proposed 40.0
foot road easement out of the R.D. Price Survey, A-1207, Tarrant
County, Texas and being that same road easement granted by Harry
Boyer and wife, Carolyn A. Boyer, dated October 26, 1964, filed
October 29, 1964, and recorded in Volume 3991, Page 591, Deed
Records, Tarrant County, Texas
J. 13. HAR7OH SURWEV — -
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SOUTHLAKE, TEXAS
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FIGURE '7
CITY OF SOUTHLAKE
667 NORTH CARROLL AVENUE
SOUTHLAKE, TEXAS 76092
City Hall (817) 481-5581
Fax (817) 488- 5097
-7¥/
FAX TRANSMITI'AL SHEET
DATE:
FAX NUMBER:
IVmSSAGE:
NUMBER OF PAGES INCLUDING COVER PAGE:
LINE LOCATE FORM
)ATE
~OMPANY
REQUESTOR
PHONE
PERSON TO MEET
MEETING DATE
LOCATION
Fort Worth Star-Telegram FED. I.D. NO. 22-3148254
AD ORDER NO. 928609
400 W.SEVENTH STREET•FORT WORTH,TEXAS 76102 ACCOUNT NO. C I T 5 7
— 7. STATE OF TEXAS
inty of Tarrant
Before me, a Notary Public in and for said County and State, this day
personally appeared TAMMIE BRYANT Billing Specialist for the Fort Worth
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 following clipping of an advertisement was
published in the above named paper on the following dates:
TOTAL
DATE AD ORDER NO. DESCRIPTION AD SIZE INCH/LINE RATE AMOUNT
11/24ME 928609 ORDNANCE NO. 652 I358 1x 32L 32 . 55 17 . 60
11/24-11/24
ORDNANCE NO.652 I
AN ORDINANCE VACATING i - - - - - - - - - -
AND ABANDONING AN IN-
GRESS ERS
EASEM NTDIN THE CITYOOF
SOUTHLAKE TARRANT�I
' COUNTY TEXAS; DECLAR-
1 ING THAI SUCH PROPERTYI
IS UNNECESSARY FOR USE I
BY THE PUBLIC AUTHORIZ-
ING THE MAYOR OF THE _.. _._ _.. .
CITY OF SOUTHLAKE TO EX-I
ECUTE A QUIT CLAIM DEED
RELEASING PUBLIC OWNER-
_ SHIP, INTEREST AND CON-
TROL OF THIS INGRESS AND
EGRESS ROAD EASEMENT;
PROVIDING A SEVERABILITY
CLAUSE; AND PROVIDING
AN EFFECTIVE DATE.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE SIG
G
CITY OF SOUTHLAKE, THIS
THE 21ST DAY OF NOVEM-
BER
SUB �(�`tj��'I�'`ID , MayoriofSouthiake RE ME, THIS THE 28TH DAY OF NOVEMBER , 1995
e V L V 1 Attest:Sandra L.LeGrand, /�
VCity Sveretaryy ' \�r� Ivy.CITY SECS ETAnY I Approved as to form:
.Allen Taylor Jr., Notary Public
City Attorney ;-iNDA R. COKE
01 ;i ; COI,�MNSION EXPIRES �jj TARRANT COUNTY,TEXAS
i
..:11 4 3, 1�99 d
PLEASE PAY THIS ORIGINAL INVOICE AND RECONCILE WITH MONTHLY STATEMENT. THANK YOU!
Ac— -TEAR ALONG THIS PERFORATION AND RETURN THE LOWER PORTION WITH YOUR PAYMENT—�
Fort Worth Star.Telegrarn REMIT TO: ' 400W SEVENTH ST •FORT WORTH, XAS 76102
928609 ACCOUNT NUMBER CIT57 AMOUNT
DUE 17.60
PAGE 1 OF I IF ANY QUESTIONS, PLEASE CALL(817)390-7501
CITY OF SOUTHLAKE
667 N CARROLL AVE
SOUTHLAKE , TX 76092-9595 PLEASE PAY 17. 60
THIS AMOUNT►
PLEASE WRITE IN AMOUNT ENCLOSED