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Home My WebLink AboutORD 2002-003 ::_�� ORDINANCE NO. 2002-03 � �'� � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ; / -' GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF RIGHT OF WAY LOCATED ALONG THE SOUTHEAST PORTION OF THE FOXFIRE LANE CURVE IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER , DESCRIBED; SAVE AND EXCEPT THE RETENTION OF - SAID RIGHT-OF-WAY FOR A DRAINAGE AND UTILITY ' �` EASEMENT; PROVIDING A SEVERABILITY CLAUSE; �H�' DECLARING AN EMERGENCY AND PROVIDING AN ° EFFECTIVE DATE WHEREAS, the property owners of Lots 3 and 4, Upton Acres, recorded in Cabinet 1997, Slide 444 Plat Records, Tarrant County, Texas, the property containing a right of way, more specifically described in Exhibits "1" and "2" attached hereto and incorporated herein for all purposes, has requested the right of way, as herein after described be abandoned and vacated; and �.>-� WHEREAS, the right of way is not needed for public use and will not be needed in the future for public use; and WHEREAS, abandoning and vacating the said rigk�t of way will relieve the City of Grapevine, Texas from the cost and expense of maintaining said property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble of this ordinance are true and correct and are hereby incorporated into the body of this ordinance as if copied in their �r�t��ety. Section 2. That the right of way located within the property described in Exhibits "1" and "2", attached hereto and incorporated herein for all purposes, is hereby abandoned and vacated for public use and the same is hereby abandoned and vacated insofar as all public right, title, interest in and to said right of way is concerned, save and except the retention of said right-of-way as a drainage and utility easement for public use. Section 3. That the terms and provisions of this ordinance shall be deemed to be severable, and that if the validity of any section, subsection, word, sentence or phrase shall be held to be invalid, it shall not affect the remaining part of this ordinance. ,�:,:°:�' / Section 4. The fact that the right of way is no longer needed by the public for S public usage and would create a hardship or burden upon the City of Grapevine to keep � open and maintain such right of way creates an urgency and an emergency for the �"''� � immediate preservation of the public health, safety, and general welfare which requires that �;�. � this ordinance shall take effect immediately from and after its passage and it is accordingly so ordained. ;,�; PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ;; �� GRAPEVINE, TEXAS on this the 15th day of January, 2002. � � APPROVED: .._. . :� � William D. Tate A` `. Mayor ATTEST: �>.;.; � � " in Hu City Secretary APPROVED AS TO FORM: ;_ . John F. Boyle, Jr. � City Attorney �:.e.. ORD. NO. 2002-03 2 � ' � ` EXHIBlT_..L, TO °�� -03 ' , Pafle ___1_,. of ._..,L_,_ � � Application for Abandonment af , ' � A Public Right-of-Way/Easement �' � F`^ � Address: Foxfire Lane where it tums to head north �:; Legal Description: Tract 1A1A1A3, Leonard Lincoln Survey. (Proposed Upton Acres). �:: � : �`. � EXHIBIT NO. 1 ` '� Attached is one sealed copy of the metes and bounds description of the public right-af- � � way/easement situated in Leonard Lincoln Survev, Abstract Number 981 in the City of Grapevine, Tarrant County, Texas, sought to be abandoned. Description for a tract of land in the LEONARD LINCOLN SURVEY,ABSTRACT NUMBER 981, City of Grapevine, Tarrant County, Texas, and being a portion of Foxfire Lane; BEGINNING at the southeast corner o#Foxfire Lane, at a point which lies South 89 degrees 54 minutes 18 seconds West, 502.12 feet, and SOUTH 30.00 fieet from the northwest corner of a tract of land described in a deed to K.M. Properties, Inc., recorded in Volume 14803, Page 375, � ' Deed Records, Tarrant County, Texas; � THENCE South 89 degrees 55 minutes 16 seconds West a distance of 319.85 feet along the south line of existing Foxfire Lane to a curve, concave to the no�thwest, having a radius of 320.46 feet, and a long chord which bears 139.41 feet, North 57 degrees 30 minutes 57 seconds East; THENCE Northeasterly along said curve, passing through a central angle of 25 degrees U7 minutes 46 seconds, a distance of 140.53 feet to the east line of existing Foxfire Lane; THENCE SOUTH 320.01 feet along the east line of Foxfire Lane to the POINT OF BEGINNING, said described tract containing 21,425 square feet of land. E OF � �,o�ar ' ... '�: �ROGE�2 W.�FiART . . . . . , . �• l,��P�4 �SUR�1� �.� � C:�projects\Upton\Street Abandonment.doc (Updated February 26, 2001) � 4, EXH181T -2 TO ,��a°_�3_ :�� Pa9e -----�-- of .,.L.,, r Application for Abandonment of �,; �A Public Right-of-Way/Easement :. / . : Address: Foxfire Lane where it tums to head north �� Legai Description: Tract 1A1A1A3 Leonard Lincoln Survev. lProqosed Upton Acres). .;:F EXHIBIT NO. 2 e.,.F: - Attached is one copy of a plat or detailed sketch of the public right-of-way/easement sought to be abandoned in the above mentioned application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the public right- of-way/easement sought to be vacated is situated, and the addition or subdivision in which the po�tion of the public right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. . Area to be abandoned by � ° City Ordinance No. __� Cannon Homestead . To be retained as a Partnership � Utility Easement Volume 14382, Page 583 0 Final Plat Approved: CANNON � HOMESTEAD �m � Delton E. Ekstrom and �' � wife, Kikuko Ekstrom ��t� o Volume 6765, Page 261 �� N S 89•55'16" W 319.85 � � K. M. Properfies, Inc. � Volume 14803, Page 375 Map Showing Portion of Foxfire Lane to be abandoned by the City of Grapevine. Being a tract of land in the Leonard Lincoln Survey� Abstract Number 981, In The City of Grapevine, _ � Tarrant County� Texas. � 21 ,425 Square Feet �`'"' NUMBER DELTA ANGLE CHORO DIRECTION TANGENT RADIUS ARC LENGTH CHORD LENGTH C4 25'07'36" S 5T30'S7' W 71.41 320.46 140.53 139.41 C:\projectslUpton\Street Abandonment.doc (Updated February 26, 2001) s � .�a�m.�°_: l ." � �raaY,� r . � ...,. / z::; D202023210 � '` CITY OF GRAPEVINE—PUBLIC WORKS P O BOX 95104 �-"� GRAPEVINE TX 76099 ;E.�s `� ;' o;'„ - —�` A R N I N G—THIS IS PART OF �`�� OFFICIAL RECOP.D--D O N O T D E S T R O Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF GRAPEVINE—PUBLIC WORKS RECEIPT NO REGISTER RECD—BY PRINTED DATE TIME 202131700 DR2A LW O1/24/2002 10 : 59 INSTRUMENT FEECD INDEXED TIME �..-. 1 D202023210 WD 20020124 10: 59 CG T O T A L : DOCUMENTS: Ol F E E S: 15 . 00 B Y: 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. uxa::.;; �3�,�