HomeMy Public PortalAboutOrdinance No. 1295-15 07-07-20152D-3
ORDINANCE NO. 1295-15
AN ORDINANCE VACATING AND ABANDONING AN EASEMENT, LOCATED IN THE CITY
OF RICHLAND HILLS, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR
USE BY THE PUBLIC; AUTHORIZING THE MAYOR TO EXECUTE A QUITCLAIM DEED
RELEASING PUBLIC OWNERSHIP INTEREST AND CONTROL OF THIS EASEMENT;
PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Richland Hills, Texas is a home rule city acting under its charter 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 Richland Hills, after careful study and consideration, has
determined that a drainage easement, located in the City of Richland Hills, is not being used by, nor is
useful or convenient to the public in general; therefore, it constitutes a public charge without a
corresponding public 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 easement, the city desires to execute a quitclaim deed releasing all title, ownership and
control in said easement to the owner of the abutting property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF RICHLAND HILLS,
TEXAS:
SECTION 1.
The City of Richland Hills hereby vacates and abandons a portion of a fifty-foot wide drainage
easement, said portion being only that part of the easement located on and across Lots 13, 14, 15, Block
B, RICHLAND HILLS, as shown on the plat recorded in Volume 388-C, Page 154, Plat Records, Tarrant
County, Texas.
SECTION 2.
The Mayor of the City of Richland Hills, Texas, is hereby authorized and empowered to execute a
quitclaim deed to Seagate Richland Holdings, LLC, releasing all claims to title, ownership, or control of
the easement, on behalf of the City of Richland Hills, Texas.
SECTION 3.
A copy of said quitclaim deed shall be presented for filing with the County Clerk of Tarrant
County, Texas.
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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 after its passage, and it is so ordained.
PASSED AND APPROVED ON THIS 7th DAY OF July, 2015.
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QUITCLAIM DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
That the City Council of the. City of Richland Hills, County of Tarrant, State of Texas, after careful
study and consideration, has determined that certain property used for a drainage easement generally
located in Tarrant County, and hereinafter specifically described, is not being used by, nor useful or
convenient to the public in general; .therefore, it constitutes a public charge without a corresponding
public benefit, the public would be better served and benefitted by its vacation and abandonment, and
the City of Richland Hills has therefore, by Ordinance No. 1295-15, vacated and abandoned the
easement. 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 Richland Hills does hereby
bargain, sell, release, vacate, abandon and forever quitclaim unto: Seagate Richland Holdings, LLC
("Grantee") and any and all of its heirs, legal representatives or assigns, all of its right, title, and interest
in and to the following described real property situated in Tarrant County, Texas, to wit:
A portion of a fifty-foot wide drainage easement, said portion being only that part of the
easement located on and across Lots 13, 14, 15, Block B, RICHLAND HILLS, as shown on
the plat recorded in Volume 388-C, Page 154, Plat Records, Tarrant County, Texas.
TO HAVE AND TO HOLD all of its right, title and interest in and to the above described property unto the
said Grantee, his or her heirs and assigns forever, so that neither Grantor nor its heirs, legal
representatives or assigns shall have, claim or demand any right or title to the aforesaid property,
premises or appurtenances or any part thereof.
EXECUTED this 7`h day of July, 2015.
CITY OF RICHLAND HILLS, TEXAS
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Bill Agan, Mayor
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STATE OF TEXAS §
COUNTY OF TARRANT §
This instrument was acknowledged before me on the 7th day of July, 2015, by Bill Agan, Mayor
of the City of Richland Hills, Texas, a municipality, on behalf of said municipality.
;~a;,°ar,¢k~ CATHY BOURG
~= Notary Public, stole or Texos Notary Public in and for the
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s, o, arc, January 13, 21)19
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State of Texas
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