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HomeMy WebLinkAboutOrd 364 Vacation and Abandonment of a portion of Lot 8, Block C, GlenWyck Farms additionTOWN OF WESTLAKE, TEXAS ORDINANCE NO. 364 AN ORDINANCE OF THE BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS, AUTHORIZING THE VACATION AND ABANDONMENT AND RETENTION OF A FLOOD PLAIN AND DRAINAGE EASEMENT ON A CERTAIN PORTION OF LOT S, BLOCK C, GLENWYCK FARMS ADDITION; PROVIDING AN EFFECTIVE DATE; AND PROVIDING FOR A SAVINGS CLAUSE. WHEREAS, the Town of Westlake, Texas (the "Town"), no longer is in need of fee simple ownership to a certain portion of Lot 8, Block C, GlenWyck Farms addition (the "Property"), as shown on the attached Exhibit A; and WHEREAS, the Town desires to retain the Property for a perpetual public flood plain and drainage casement while vacating and abandoning its fee simple ownership. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE TOWN OF WESTLAKE, TEXAS: SECTION 1: That all matters stated in the preamble are found to be true and correct and are incorporated herein as if copied in their entirety. SECTION 2: That the Town Manager is hereby authorized to execute the Quitclaim Deed as shown on attached Exhibit. SECTION 3: It is hereby declared to be the intention of the Board of Aldermen of the Town of Westlake, Texas, that sections, paragraphs, clauses and phrases of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of the Ordinance shall be declared legally invalid or unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such legal invalidity or unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs or sections of this Ordinance since the same would have been enacted by the Board of Aldermen of the Town of Westlake without the incorporation in this Ordinance of any such legally invalid or unconstitutional phrase, sentence, paragraph or section. PASSED AND APPROVED ON THIS 12TH DAY OF JUNE, 2000. ATTEST: /I t ) tinge rosswy, Town Qcretary APPROVED AS TO FORM: �.� Scott Bradley, Mayor Trent Petty, Town Manager QUITCLAIM DEED THE STATE OF TEXAS § KNOW ALL PERSONS BY COUNTY OF TARRANT § THESE PRESENTS TOWN OF WESTLAKE § That, the Town of Westlake, Texas a general law municipality organized under the laws of the State of Texas, hereinafter referred to as Grantor, for and in consideration of the sum of $10.00, and other good and valuable consideration, to Grantor in hand paid by John Kelly Custom Homes, hereinafter Grantee, the receipt of which is hereby acknowledged, have this day quitclaimed unto Grantee all of its right, title and interest, save and except a perpetual public floodplain and drainage easement, in the following described land (the "Property"), to -wit: All that certain parcel of land, lying and being situated in the County of Tarrant, State of Texas, more particularly described in Exhibit `A' and made a legal part hereof. That, the Grantor hereby reserves in perpetuity a public floodplain and drainage easement on, over, under, and across the Property for flood and drainage purposes; and, that Grantee, its subsequent purchasers, assigns, or successors shall be prohibited from constructing, placing or maintaining any building, structure, fence, bridge, fill or other improvement on the Property. That, the Town Manager of the Grantor is hereby authorized to execute this Quitclaim Deed pursuant to Ordinance No. 364 passed and approved by the Grantee on June 12, 2000. TO HAVE AND TO HOLD the Property together with all and singular the rights and appurtenances thereto in anywise belonging, unto Grantee, its successors and assigns, forever, save and except the retention of a perpetual public floodplain and drainage easement in the Property. SI11'3NEU AND EXECUTED this the 14`h day of June AD., 2000. GRANTOR: TOWN OF WESTLAKE, TEXAS Y anagerTrent O. etty,Terw GRANTEE: JOHN KELLY CUSTOM HOMES By: ��= D_ �� Flannigan Its: STA'G'E OF TEXAS § (�OUNTY OF TARRAN T § BEFORE ME, the undersigned notary public, on this day personally appeared Trent O. Petty 1�mown 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 and that he has the authority and power to enter into the foregoing instrument on behalf of the Town of Westlake. Texas. (Seal) t* Y Zo GINGER CR4SSWY } Notary Public y STATE OF TExCAS rg¢ OF My Comm. Exp. 02I2212Q04 MY HAND AND SEAL OF OFFICE, this 14" day of June, 2000, My Commission Expires: 02/22/2004A_ NotaPy Public in and fcOhe State of Texas ,FORE ME, t)e ndersigned notary public, on this day personally appeared known to me to be the person whose name is subscribed to the foregoing i ent and acknowledged to me that he executed the same for the purposes and consideration therein expressed and that he has the authority and power to enter into the foregoing instrument on behalf of John Kelly Custom Homes. (S I aGINGER CR®SSWY .021�122 Notary Public � STAiE GF TEXAS 12004 AND SEAL OF OFFICE, this qday of �� 2000. My Commission Expires: Pub is in and for e State of Texas 1_1:lWest Lakelwl-deedslwl-deeds quitclaim deed john kelly csim hms.%vpd Being a parcel of land located in G1enWyck Farms being an addition to the Town of Westlake, Tarrant County, Texas, being more particularly described as follows; BEGINNING at the southwesterly most corner of Lot 8, Block C of said G1enWyck Farms addition, said point also being the easterly most point of Lot 9, Block C; THENCE, N. 05020'01"W. along a rear property line of said Lot 8 for a distance of 14.80 feet to a point for corner; THENCE, S. 78013'10"E. continuing along a rear property line of said Lot 8 for a distance of 100.00' to a point for corner;. THENCE, N. 86°37'54" We departing from the rear property line of said Lot 8 to a point, said point being the point of place of BEGINNING; said parcel of land containing 707 sq.$. of land. Lot 8, Blk C 14.80' N.05°20'0 l " W O Lot 9, N.86°37'54"W -96.68' ~ Blk C �.O.B. Drainage Area