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Home My WebLink AboutORD 2018-016 ORDINANCE NO. 2018-016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ABANDONING AND VACATING A 10- FOOT WIDE UTILITY EASEMENT ON LOT 2R, BLOCK 1 , PLACID PENINSULA ADDITION (3539 RED BIRD LANE) IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 2R, Block 1, Placid Peninsula Addition located at 3539 Red Bird Lane, City of Grapevine, Tarrant County, Texas has requested that a 10-foot wide utility easement through the middle and along a portion of the west perimeter property line of said lot, as herein after described, be abandoned and vacated; and WHEREAS, the easement is not needed for public use and will not be needed in the future for public use; and WHEREAS, abandoning and vacating the said easement will relieve the City of Grapevine, Texas from the cost and expense of maintaining said property. WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1 . That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the 10-foot wide utility easement located on Lot 2R, Block 1, Placid Peninsula described in Exhibits"A"and "B", attached hereto and incorporated herein for all purposes, is hereby abandoned and vacated for public use and the same is hereby abandoned and vacated and vacated insofar as public right, title, interest in and to said right of way is concerned. 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 utility easement is no longer needed and would create a hardship or burden upon the City of Grapevine to maintain such easement 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 6th day of February, 2018. APPROVED: William D. Tate Mayor ATTEST: GRA/3 O '' � Tara Brooks City Secretary i' APPROVED AS TO FO : * City Attorney Ordinance No. 2018-016 2 i Exhibit A LEGAL DESCRIPTION 10' UTILITY EASEMENT ABANONMENT 0.062 ACRES PART OF 2R, BLOCK 1 PLACID PENINSULA, SECTION A BEING all that certain lot,tract or parcel of land, situated in the J. Whitman Survey, Abstract Number 1593, Denton County,Texas,and being part of Lot 2R, Block 1, Placid Peninsula, according to the plat thereof, recorded in Volume 388-218, Page 95, Plat Records,Tarrant County,Texas, and being more particularly described as follows: COMENCING at a 1/2" rebar found at the southerly corner of said Lot 2R, being the easterly southeast corner of Lot 4R, Block 1, Placid Peninsula, Section A, an addition to the City of Grapevine,according to the plat thereof, recorded in Volume A, Page 991, Plat Records,Tarrant County,Texas, and being the and being on the north line of Red Bird Lane; THENCE N 54°58'18" W, 114.45 feet with the west line of said Lot 2R and the east line of said Lot 4R to the POINT OF BEGINNING; THENCE N 54°58'18" W, 10.00 feet with the west line of said Lot 2R and the east line of said Lot 4R to a inner ell point; THENCE N 06°27'00" E, 133.56 feet with the west line of said Lot 2R and the east line of said Lot 4R; THENCE N 89°53'00" E, 140.16 feet to a 1/2" rebar found at a point for corner on the east line of said Lot 2R, and the west line of Lot 1, Block 1, Placid Peninsula, Section A, an addition to the City of Grapevine, according to the plat thereof, recorded in Volume 388-U, Page 61, Plat Records,Tarrant County,Texas THENCE S 07°09'50" E, 10.08 feet with the east line of said Lot 2R and the west line of said Lot 1; THENCE S 89°53'00" W, 132.48 feet; THENCE S 06°27'00" W, 127.31 feet; THENCE S 36°17'10" W, 2.44 feet to the POINT OF BEGINNING and containing approximately 0.062 acres of land. I Bearings based on Placid Peninsula,Section A, recorded in Volume 388- ' Page 95 of the Plat Records, j Tarrant County,Texas. dp � Field work performed during the month of May, 2016. i.--.? i c,�s TEq''f i 177 E k 5076 �T�f4 . \�gNOR u Rv'i'r /8 Exhibit B United States of . /\ America (Lake Grapevine) CURVE TABLE N 88'04'38" E 104.90' CURVE RADIUS DELTA ANGLE ARC LENGTH LONG CHORD 1/2• RF 1/2e RF Cl 127.89' 29'39'29" 66.20' S 51.06'55" W, 65.46' i 1 UNE TABLE LINE BEARING DISTANCE L1 N 54'58'18" W 10.00' L2 S 07.09'50" E 10.08' R N L3 S 3617'10" W 2.44' N of L4 S 36.17'10" W 33.01' W so L N1 o 1 o NOTES: in w 1n p 1. Bearings based on Placid Peninsula, Section A. recorded in oO Volume 388-218, Page 95 of the Plat Records, Tarrant N County, Texas. ;V 1 0 2. Surveyor has mode no investigation or independent search for eosements of record, encumbrances, restrictive Z covenants, ownership title evidence, or any other facts that an accurate abstract of title may disclose. c 3. No flood zone area analysis has been performed by G&A 2 1 Consultants, LLC, on the subject property. 0 1 PORTION OF 0177 10' UTILITY EASEMENT IN in o rn 388-218/95 a a TO BE ABANDONED 1 c i a N 89'53'00" E10' UTILITY EASEMTENT _0 140 .16' r 388—N/28 • S 89'53'00" W L2 T 132.48' in W i .. J t O - _ C� P co Lot, Block 1 N / O -_ d G�\ o Placid Peninsula, Sec. A (a 4d0 � �\� seO, � 388—U/61 N ^ ��' J\o, Q rn ;-ø ,— —I N \. \�5 '\�' 1 LA _ _ N 9\o'-' \. w 3/4' RF.j oe� 10' UTILITY EASEMENT �99E/,/�,• L3 �/ 1/2" RF ABANDONMENT EXHIBIT �/ �/� tis G1 Lot 2R, Block 1 o / AS Placid Peninsula, Section A , `7,',: �... A, /gym• e'B' ,g) 0.062 Acres `/ • in the 77A 4S, v J. WHITMAN SURVEY, ABSTRACT NO. 1593 to A4 CITY OF GRAPEVINE ID.1?. '1/2• RF O R>a n G. TARRANT COUNTY,TEXAS y• �a anaANNING avo.a�s n ATTING /// Q- CONSULTANTS,LLC / 111 1498.48 Dn.e•Lewicvle.TX 75057 P.972 436 9712•F:972 436 9715 144 Old Town Blvd North.Ste 2•dale.TX 76225 P 940 240 1012•F 940 240 1028 TOPE Fon No.1796 TOPLS Form No 10417794 "yr DRAWN BY: CC DATE: 1/23/2018 SCALE:1" = 60' JOB. No. 16301 G MARY LOUISE GARCIA ., *. COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 . 7 PHONE (817) 884-1195 CITY OF GRAPEVINE 200 S MAIN GRAPEVINE, TX 76051 Submitter: CITY OF GRAPEVINE/PUBLIC WORKS DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 2/27/2018 9:54 AM Instrument#: D218041253 OPR 5 PGS $28.00 By: D218041253 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.