HomeMy WebLinkAboutORD 1997-020 � '
�,,:,.,� ORDINANCE NO. 9�-20
�� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING A TEN
FOOT (10') UTILITY EASEMENT DEDICATED IN LOT 7,
BLOCK 3, DELLWOOD ACRES ADDITION IN EXCHANGE
FOR THE DEDICATION OF A VARIABLE WIDTH FIVE-TO-
TEN FOOT (5'-10') UTILITY EASEMENT IN LOT 7, BLOCK 3,
DELLWOOD ACRES ADDITION, CITY OF GRAPEVINE,
TEXAS; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, a ten foot (10') utility easement dedicated in Lot 7, Block 3, Dellwood
Acres Addition, recorded in Volume 388-22, Page 11, Plat Records of Tarrant County,
more specifically described in Exhibit "A" attached hereto and incorporated herein for all
purposes, is not needed for public use and will not be needed in the future for public use;
and
,� WHEREAS, the owners of Lot 7, Block 3, Dellwood Acres Creek Addition have
requested the City of Grapevine to abandon and vacate said ten foot (10') utility easement;
„�, and
WHEREAS, the request for abandonment and vacation has been reviewed and
approved by the franchised utilities in the City of Grapevine; and
WHEREAS, abandoning and vacating this portion of said utility easement will
relieve the City of Grapevine, Texas from the cost and 2xpense of maintaining said
property; and
WHEREAS, in exchange for abandoning and vacating said utility easement, the City
will receive a variable width five-to-ten foo; (5-10') utility easement in Lot 7; Block 3,
Dellwood Acres Addition, more specifically described in Exhibit "B" attached hereto and
incorporated herein for all purposes dedicated by the owners of Lot 7, Block 3, Dellwood
Acres Addition to the City of Grapevine.
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 entirety.
� � � � � � � � �
,� Section 2. That a ten foot (10') utility easement dedicated in Lot 7, Block 3,
Dellwood Acres Addition recorded in Volume 388-22, Page 11, Plat Records of Tarrant
County, as shown in Exhibit "A" attached hereto and made a part hereof, is hereby
+� abandoned and vacated for public use and the same is hereby abandoned and vacated
insofar as all public right, title, and interest in and to said utility easement is concerned in
exchange for the dedication of a variable width five-to-ten foot (5-10') easement in Lot 7,
Block 3, Dellwood Acres Addition, more specifically described in Exhibit "B" attached
hereto and made a part hereof.
Section 3. That the terms and provision of this ordinance shall be deemed to be
severable, and that if the validity of any section , subsection, word, sentence or phase
shall be held to be invalid; it shall not affect the remaining part of this ordinance.
Section 4. The fact that the present ordinances and regulations of the City of
Grapevine, Texas are inadequate to property safeguard the health, safety, morals, peace
and general welfare of the public creates an emergency which requires that this ordinance
become effective from and after the date of its passage.
PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the 4th day of March , 1997.
�
,,�„ APPROVED:
William . Tate
Mayor
ATTEST:
Lind Huff ,�
City Secretary
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ORD. NO. 97-20 2
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� APPROVED AS TO FORM:
� '�
---�_
John F. Boyle, Jr.
City Attorney
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ORD. NO. 97-20 3
1 � 691 f211
Exhibit "A" to Ord. .97-20
Page 1 of 2
'""�" FIELD NOTES
FOR 10' UTILITY EASEMENT ABANDONMENT
� LOT 7 BLOCK 3
DELLWOOD ACRES
BEING a portion of Lot 7, Block 3, DELLWOOD ACRES, an Addition to the City of
Grapevine, Tarrant County, Texas, according to the plat recorded in Volume 388-22,
Page 1 l, Plat Records of Tanant County, Texas, said portion being more particularly
described by metes and bounds as follows:
BEGiNNING at an `X' found in concrete on t:�e Ivorth rig.'zt-�f-way Iine of West College
Street (50' R.O.W.) for the Southeast corner said Lot 7, and being the Southeast corner
of the portion of Lot 7 herein described;
THENCE North 73 degrees 19 miuutes 52 seconds West, along the North right-of-way
line of West College Street, 10.38 feet to a point for the Southwest comer of an existing
10.0 feet utility easeinent, and being the Southwest coruer of the portion of said Lot 7
herein described;
THENCE North 1 degree 04 minutes East, along the West line of said existing 10.0 feet
'�""' utility easement, 200.96 feet to a point ou the South line of an existing 5.0 feet utility
easemeut, being the Northwest comer of the portion of said Lot 7 herein described;
�
THENCE North 88 degrees 12 minutes 47 seconds East, along the South line o£said
existing 5.0 feet utility easement, 10.01 feet to a point on the East line of said Lot 7, being
the Northeast comer of the portion of Lot 7 herein described;
THENCE South 1 degree 04 miuutes West, along the East line of said Lot 7, 204.25 feet
to the POINT OF BEGINNING and containing 2,026 square feet of land.
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Exhibit "A" to .Ord. �97-20
6 Page 2 of 2
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Exhibit "B" to Ord. .97-20
Page 1 of 5
"'�" FIELD NOTES
FOR A PROPOSED VARIABLE WIDTH UTILITY EASEMENT
� LOT 7 BLOCK 3
DELLWOOD ACRES
BEIl\TG a portion of Lot 7, Block 3, DELLWOOD ACRES, an Additic�n to the City
of Grapevine, Tarrant County, 'Texas, according to the plat recorded in Volume
388-22, Page 11, Plat Records of Tarrant County, Texas, said portion be.ing n�ore
particularly desci•ibed by metes and bounds as follows:
BEGINNING at an `X' found in concrete on the Nortb right-of-wa�� tine of West
College Street (50' R.O.«'.) for the Southeast corner of said Lot 7, and being the
Southeast corner of the portion of Lot 7 herein described;
THENCE North 73 degrees 19 minutes 52 seconds West, along the lorth right-of-
�vay line of West College Street, 5.19 feet to a �oint for the South�vest corner of the
portion of said Lot 7 herein described;
THENCE North 1 degrce 0-3 �ninutes East, 147.86 feet to a point;
�
THENCE North 88 degrees �6 minutes West, 5.0 feet to a point;
�
THENCE North 1 degree 04 minutes East, 54.50 feet to a point on tl�e Soutl� line of
an existing 5.0 feet utility easement for the Northwest corner of the portion of said
Lot 7 herein described;
THENCE North 88 degrees 12 minutes 47 seconds East, along the Soutb line of said
e�sting 5.0 feet utility easement, 10A1 feet to a point of the East line of said Lot 7
for the Northeast corner of the portion of Lot 7 herein described;
THENCE South 1 degree 04 minutes West, along the East line of said Lot 7, 204.25
feet to the POINT OF BEGINNING and containing 1,290 square feet of land.
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Exhibit "B" to Ord. 97-20
6 Page� 2 of 5
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Exhibit "B" to Ord. 97-20
Page 3 �of 5 '
� PUBLIC UTILITY EASEMENT
`""" STATE OF TEXAS §
KNOW ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT §
THAT _—_ __Bi11.y_ W�T�nnisnn_a��i._Amy_E._Ter��ison __ ____—_ —
for and in consideration of the sum of one Dollar (S1 .001 cash to us in hand paid by
the City of Grapevine, Texas, a municipal corporation of the Courty of Tarrant, State
of Texas, the receipt of which is hereby acknowledged, and other good and valuable
consideration including the benefits that will accrue to our property, do hereby GIVE,
GRANT, and EXTEND to the said City of Grapevine, Texas, its successors and
assigns, the right to construct, reconstruct and perpetually maintain public utilities
upon, under and across land described as foilows:
"""' SEE EXHIBIT "B"
�
The easement described or� the attached Exhibit "B" is a part of a certain tract
of land recorded in Volume _�_�822_, Page(s) 11, Plat Records of Tarrant County,
State of Texas. Said easement across this property, as herein designated and
described, being a permanent public utilities easement _�car_iable in width for the
construction, reconstruction and perpetual maintenance of public utilities.
The City of Grapevine, Texas shall have the right and privileges to remove and
dispose of to an offsite location, any trees, brush, debris, excess excavated material,
and other material in the said easement, that would interfere with access to the
construction site and that would interfere with construction, reconstruction and
perpetual maintenance of the said public utilities.
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Exhibit "B" to Ord: 97-20
Page 4 of 5 •_
TO HAVE AND TO HOLD, all singular, the privileges aforesaid to it, the said
City of Grapevine, Texas, its successors and assigns forever, together with the right
�
and privilege, at any and all times to enter said prerr�ises or any part thereof, for the
purpose of constructing, reconstructing and perpetually maintaining said public
utilities together with necessary appurtenances inside said permanent easement and
for making connections therewith; all upon the condition that the City of Grapevine,
Texas, will at all times, after entering upon said premises and/or doing any work in
connection with the construction, reconstruction, or repair of said pubiic utilities,
restore said premises as nearly to the condition in wh�ch same were found before
such entry and/or worl< was undertal<en, inciuding repair of ali fences that might be
disturbed or damaged in entering and/or performina said worl<, and further upon the
condition that in the use of the aforesaid rights and privileges herein granted, the City
of Grapevine, Texas, will not create a nuisance or do any act that will be detrimental
to said premises and that said tract wiii not be used by said City of Grapevine, Texas,
� for any other purpose under this grant, except herein provided.
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Exhibit "B" to Ord. 97'-20
Page 5 of- 5 .
� _ WIT SS OI�R _HAND_S O_t�L THIS THE 2�._ DAY OF ��R'���-�___, 1997.
..>> J . � " _-_ ' �� //`"'�
.
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"� l..- � � � -__ ` � ,l�,��I�`/�� � 1,1��t�c.V�� ��
� Owner �lly W. Tennison rlmy E. Tennison
STAT E O F L o �c-� t�,4 §
COUNTY OF �e p� §
.� BEFORE ME, the undersigned, a Notary Public in and for said state, on this day
personally appeared Bi11�- t�. Tenniso�, � �my �. 'rennisc�own to be the person(s)
whose name(s) are subscribed to the foregoing instrument and acknowledged to me
that they executed the same for the purposes and consideration therein expressed,
and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE,
r
. :-•... PAMELA R.STOLZER t h i s aS d a y o f �Ef_s�'��--------- ��
`�F. _ , 19_ _.
Mv c�M�ssar�r cc�
Po' oc�i�s:,�anuan a.�oo �
"�R �„` Ba�dea Thru►bWY RAMc Undeiv+dte�s - -----
�.(
Notary Pubiic in and for the State of �.t.�ir-c-�-
My Commission Expires:
o:\AGENDA\03-04-97\DELLWOOD.EAS �
AFTER FILING:
RETURN TO ' ��
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D197039361
CITY GRAPEVINE
CITY SECRETARY
PO BOX 95104
GRAPEVINE TX 76099
-W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--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 0 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 GR.APEVINE
RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME
197128964 DR96 T000224 03/06/97 12 : 09
INSTRUMENT FEECD INDEXED TIME
1 D197039361 WD 970306 12 : 09 CG
�:::;�,
T O T A L : DOCLTMENTS : O1 F E E S : 27 . 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.
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