CITY OF SOUTHLAKE ORDINANCE NO. 1177

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1 CTY OF SOUTHLAKE ORDNANCE NO AN ORDNANCE VACATNG AND ABANDONNG A CERTAN DESCRBED 322 SQUARE FOOT LFT STATON PARCEL PREVOUSLY DEDCATED TO THE CTY BY RCHARD PAUL DAVS AND DAWN LAWRENCE DAVS THROUGH AN NSTRUMENT RECORDED N THE REAL PROPERTY RECORDS OF TARRANT COUNTY AS NSTRUMENT D ; DECLARNG THAT SUCH LFT STATON PARCEL S UNNECESSARY FOR USE BY THE PUBLC; AUTHORZNG THE MAYOR TO EXECUTE A QUTCLAM DEED RELEASNG AND ASSGNNG THE REAL PROPERTY TO THE OWNERS OF THE FEE ESTATE; PROVDNG A SEVERABLTY CLAUSE; AND PROVDNG AN EFFECTVE 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 X, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, on or about March 16, 2009, Richard Paul Davis and Dawn Lawrence Davis dedicated an area as a lift station parcel, specifically, the portion of Lot 7, Block 1, Twin Creeks Addition, described in the legal description attached to this Ordinance as Exhibit A and depicted in the survey attached to this Ordinance as Exhibit B ( the lift station parcel to be abandoned ), to the City through an instrument recorded in Document Number D of The Deed Records Of Tarrant County, Texas; and WHEREAS, the City Council of the City of Southlake, after careful study and consideration, has determined that the lift station parcel to be abandoned is not being used by, nor useful or convenient to the public in general, and that the public 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 right-of-way to be abandoned, the City desires to execute a quitclaim deed releasing and assigning all title and control in the lift station parcel to be abandoned to the owners of the fee estate on which the lift station parcel to be abandoned is located. NOW, THEREFORE, BE T ORDANED BY THE CTY COUNCL OF THE CTY OF SOUTHLAKE, TEXAS: SECTON 1 The City Council finds that the lift station parcel described in the legal description attached to this Ordinance as Exhibit A and depicted in the survey attached to this Ordinance as Exhibit B ( the lift station parcel to be abandoned ), to the City through an instrument recorded in Document Number D of The Deed Records Of Tarrant County, Texas, is not being used by, nor useful or convenient to the public in general and that the public would be better served and

2 benefited by the vacation and abandon of the right-of-way to be abandoned. SECTON 2 The Mayor of the City of Southlake, Texas, is hereby authorized and empowered to execute a quitclaim deed to the right-of-way to be abandoned, which deed is attached to this Ordinance as Exhibit E, to the current owner of the fee estate on which the easement is located, specifically, Richard Paul Davis and Dawn Lawrence Davis SECTON 3 After the quitclaim deed is executed, the City Secretary is authorized and instructed to file it in the deed records of Tarrant County, Texas. SECTON 4 t 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. SECTON 5 This Ordinance shall be in full force and effect from and its passage, and it so ordained. PASSED AND APPROVED ON FRST READNG ON THS 20TH DAY OF JUNE, ATTEST: THE HONORABLE LAURA HLL, MAYOR CTY SECRETARY

3 PASSED AND APPROVED ON SECOND READNG ON THS 1ST DAY OF AUGUST, ATTEST: THE HONORABLE LAURA HLL, MAYOR CTY SECRETARY EFFECTVE: APPROVED AS TO FORM AND LEGALTY: CTY ATTORNEY N:\00-New N Drive\Meetings\City Council\2017 Agendas\ AMS Due \tem 4H - Ord Abandon ROW 1655 Creekside\Abandonment Ordinance for 1655 Creekside No docx

4 EXHBT A 322 SQUARE FOOT LFT STATON PARCEL BENG a portion of Lot 7 Block 1 TWN CREEKS ADDTON an addition to the City of Southlake Tarrant County Texas according to the plat recorded in Volume Page 74 of the Plat Records of Tarrant County Texas conveyed by deed to Richard Paul Davis and Dawn Lawrence Davis in Volume Page 1555 Deed Records Tarrant County Texas and being more particularly described by metes and bounds as follows COMMENCNG at an iron rod found in the east line of Creekside Drive said point being the northwest comer ofsaid Lot 7 and the southwest cornerof Lot 8 Block 1 of said TWN CREEKS ADDTON THENCE South 01 degrees 17 minutes 00 seconds East along said east line a distance of23 73 feet to a 58 inch iron rod capped 5894 for the PONT OF BEGNNNG THENCE North 88 degrees 30 minutes 24 seconds East departing said east line a distance of845 feet to a 58 inch iron rod capped 5894 for parcel corner THENCE South 01 degrees 21 minutes 06 seconds East a distance of38 00 feet to a 58 inch iron rod capped 5894 for parcel corner THENCE South 88 degrees 30 minutes 24 seconds West a distance of850 feet to a 58 inch iron rod capped 5894 for parcel comer in the east line of Creekside Drive THENCE North 01 degrees 17 minutes 00 seconds West along the east line of Creekside Drive a distance of38 00 feet to the PONT OF BEGNNNG and containing 007 acres or 322 square feet of land PSOUTHLAKE 1782 SURVEY Esmt ROW 1655Creekside LiftStation doe bwgomcq 5 7

5 EXHBT B 322 SQUARE FOOT LFT STATON PARCEL 10 WDE TEMPORARY CONSTRUCTON EASEMENT 1657 CREEKS DE OR YE p L OT 8 BL OCK 1 TWN CREEKS 4001T ON 11OL UME J E 7if PRTCT 0 POC RF W p o N E 845 POB S E N W TEMPORARY CONSTRUCTON EASEMENT CREEKS OEOR lie RCHARD PAUL OA 015 DAWN LAWRENCE OA015 W J VOL UME PAGE 1555 ORTCT Z LOT 7 BLOCK 1 TWN CREEKS A00 TON MOLUME PAGE 74 PR CT S W miz 850 z Q 0 F SURVEYOR SCERTFCATON S T Eq T f Philip B Wolters a Registered Professional Land Surveyor of the State of Texas certify that the calculations graphic PHLP B WOLTERS 5894 vr 9o ce55t SURJ depiction and legal descriptions of this survey were o properly prepared under my personal supervision from an eground survey eln N FEET Registered Professi al Land Surveyor No inch 20 ft PSOUTHLPxE 1792 SURVEY Eamt ROW 1762 LiftStationParul dgi AMMGTON SURVATMG do MAPPNG as Ar9Wa10 tu ratoelr tma BTas Dave raosises same bon7 1q D