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Samuel H. Thompson Survey, Abstract No. 1504, 2017 - Quitclaim Deed l 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 c9Teyance by Ordinance No. 1106, passed by the City Council of the City of Southlake on V� b 4' l�� / Ci , 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 / day of /ev1rtk,Gi/ - , 2014. CITY OF SOUTHLAKE, Grantor By: The Honorable ohn Terrell ayor ATTEST: ,, ,,,,,,,,,,,,,, ,, k •• •• o f / Lori Payne, City Secre': ry : 31 ' ca t • •' ••. ,,,,. 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 lI' day of //0 1/0 b4(2014. h a9'� "�'% LORI PAYNE NO TARY PUBLIC Notary Public in d for the State of Texas W 4 .0 COMMON WIRES: 1 0 -27 -2017 My Commission expires: fo - ?7- ?-0v7 After fling please return to: City Secretary City of Southlake 1400 Main Street Southlake, Texas 76092 ' 1 EXHIBIT 'A' Being a pernanent access and utility easement out of the Samuel H. Theron 1 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 land deeded to Roger H. 8ohanran and wife, Dona, as recorded in Volume 6050, Page 363 of deed records of Tarrant County, Texas. THENCE North 12 degrees 34 minutes 0 seconds East, a distance of 15.04 feet to a point for a corner; THD;CE North 89 degrees 32 minutes 0 seconds East, a distance of 800.45 feet to a point for a corner; iI CE 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. r• N r-. O *ACS /TRC* TARRANT Doc: 000104789 Date: 05/28/1993 Vol: 0011077 Page: 00272 Page: 3 Of 5 . 1 . , EXHIBIT 'B' ROGER H. BOHANNON & WIFE VOL. 6050 P. 363 PROPOSED 15.00' ACCESS AND UTILITY EASEMENT /v72.34 'oo - 4- :::::::......... P.O.B. ....:::: ::::::::::: -- P:itf. 7 -_. . 9je :::::::::::: rr.''' 0, ii F.•:- ,.,' .. SAMUEL IL moirepsom SURVEY ABSTRACT NO. 1504 l\i ::::::::.:. tv • . C) .::::::::•:. cz ".. ......7.-; . . . . ....,..7DIPORARY CCWS7RUC770N EASEMENT ::::::. • - • • ore PROPOSED 15.00' ............ ... . .....:::. • • • • • ............ ..... ACCESS AND (111LITY ::::::. - • • . • .......... • .. - EASEMENT :::::::::::: ... • .- 0, ....x.x.:. • - • - 01 .*::::::::::: • .0, .. ....) ............1::::._ i . y i / 7"---..... . NORTH ...VX... 1 =50' xx N ' „ ---t_ .558 28.07' i ROGER H. BOHANNAN & WIFE VOL 6050, P. 363 D.R.T.C.T. I 00141718.DWG ------- I certify that this la • -..--.)- 0 CHEAsITAII AND ASSOCIATES rtrue e and so presentatl n ol i •• , •••,sTr + . Ai ,„ •' , e • 1170 CORPORATE DRIVE TEST SUITE 207 survey as made on the r 1. 4P ARLINGTON, TEXAS 78008 ground and that there c 'DIE L. 0HEATHAM ‘; RETRO (817) 840-4929 are no visual encroachments ' v- (817) 833-1023 except as shorn. \ *.l i s. 4 :... 2346 it../ ' - \ T op e ote' - Suit • - ■Iimm DATE : •••• 75 .• 431 .. , *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 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 4TH DAY OF NOVEMBER, 2014. / c , JOHN C. TE , MAYOR ,,`%%%%% iIq,,,, ATTEST: � `U °H�c�� +�' s / I s ,\ � i V Z• •� -i LORI PAYNE r ITY SEC1% T ••''� '4,,, ** ,��e � 2 Ordinance No. 1106 PASSED AND APPROVED ON SECOND READING ON THIS 18TH DAY OF NOVEMBER, 2014. wl JOHN C. TERREL ., ' YOR ATTEST: ,,, 'ttglt 41A- :� O ° t ••' t it • ` LORI PAYNE, ITY S CIITARY 111 • ,, '•e * ** ,,,, . EFFECTIVE: A/O 4 ,- /� `L APPROVED AS TO FORM AND LEGALITY: ( / ■ jc t... A CITY ATTORNEY / 3 MARY LOUISE GARCIA ��,,,.• »• ».,. COUNTY CLERK a .�' 01: 100 West Weatherford Fort Worth, TX 76196 -0401 `"•• "'` 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.