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Home My WebLink AboutORD 1994-022 n ", �t �� ' . . ,��.� , ��. � ORDINANCE NO. 94-22 , ,,� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS ABANDONING AND VACATING A FIFTY FOOT (50') ACCESS ROAD EASEMENT BETWEEN STATE HIGHWAY 114 FRONTAGE ROAD AND AUSTIN OAKS ADDITION ACROSS LOT 3, BLOCK 1, AUSTIN OAKS ADDITION IN THE CITY OF GRAPEVINE, TEXAS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, a fifty foot (50') a�cess ;oa� .;asernert acros� Lot 3, Block 1, Austin Oaks Addition, recorded in Volume 10026, Pages 0848 through 0853, Deed Records of Tarrant County, is not needed for public use and will not be needed in the � future for public use; and WHEREAS, the access road easement was dedicated to provide a secondary entrance to Austin Oaks Addition on a temporary basis until an access point at State Highway 114 through the City of Southlake could be constructed; and "�"'° WHEREAS, the second access point to Austin Oaks Addition has been constructed through the City of Southlake connecting with State Highway 114 and �...� this temporary access road is no longer needed; and WHEREAS, abandoning and vacating the access road easement 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 the 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 the City of Grapevine fifty foot (50') access road easement dedicated across Lot 3, Block 1, Austin Oaks Addition recorded in Volume 10026, Pages 0848 through 0853, Deed 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 road access easement is concerned. � { i � � :� ; � �, ! �; �. 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 said access road easement is no longer needed by the public for public usage and would create a hardship or burden upon the City of Grapevine to keep open and maintain such easement creates an urgency and an emergency for the immediate preservation of the public health, safety, and general welfare, which requiares that this ordinance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED A!`vD APPROV€� BY THE �ITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 22nd day of March , 1994. APPROVED: v *� `� Willi m D. Tate Mayor � ATTEST: in Huff City Secretary APPROVED AS TO FORM: /�"`' John F. Boyle, Jr. City Attorney �� ORD. N0. 94-22 2 � ! � � v � 4.% .� �. ': . , PUBLIC ACCESS EASEi4ENT �j .�y � • � , EXHIBIT_L` TO �C. 9¢-az-= l-- . STATE OF TEXAS § °d�e --L— Of � KNOW ALL MEN BY THESE PRESENTS COUNTY OF TARRANT 5 � .. THAT AUSTOAK, INC. , for and in consideration of the sum of one dollar ($1.00) cast to us in hand paid by the City .of Grapevine, Texas, a '�� municipal corporation of the County 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 access upon and across land described � as follows: See Exhibit "h" & "B" Attached Hereto and Made a Part Hereon The easement described on the attached Exhibit "A", and shown on Ehxibit "B" is a part of a certain tract of land described by plat of record as shown in Cabinet A, Hanger 408, Plat Records of Tarrant County, State of Texas. Said easement across this property, as herein designated and described, being a temporary easement fifty (50) feet �,>-.�r. in width for the construction, reconstruction and perpetua maintenance of public access; said access easement to be abandoned �� upon the extension of Austin Oaks Drive to SH 114 through the City of Southlake from the South line of said tract of land. The City of Grapevine, Texas shall have the right and privilege to remove and dispose of, off-site trees, brush, debris, excess excavated material, and other material in the easement, that would interfere with access to the construction site and that would interfere with construction, reconstruction and perpetual maintenance of the said public access. 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 premises or any part thereof, for the purpose of constructincj, reconstructing and perpetually maintaining said public access together �� with necessary appurtenances inside said permanent easement an or making connections therewith; all upon the condition that the City of �mw Grapevine, Texas, will at all times, after doing any work in 1 � : ; � `J ..i � � � .� jconnection with the construction, reconstruction or repair of said � • , - public access restore said premises as nearly to the condition in • which same were found before such work was undertaken, including repair of all fences that might be disturbed or damaged in performing said work, 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 Ww�w detrimental to said premises and that said tract will not be used by said City of Grapevine, Texas, for any other purpose under this grant, except herein provided. WITNESS MY HAND THIS ��t day of /C � ' , 1990. AUSTOAK, INC. / i � _ � � �`. . .l' "�--� Ro ert . Flipp , Vice President STATE OF TEXAS § COUNTY OF DALLAS § ' BEFORE ME, the undersigned, a Notary Public in and for said state, on this day personally appeared Robert R. Flippin, Vice President of ""�''�' AUSTOAK, INC. , known to me 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, this the a5� day of �� , 1990. >"�., BRANDI L.DUNN ��' � �,,�„�_ v��, NOTARYDUBUC.STATlO/TEYAf Notar Public in and for the State of Texas 4Y COMMISSION!%DIRES y ' MARCH 2, 1993 EXNIBIT� TO �{—zz Page 2 of � �"t�e�"—�-b 9 _ j - � r:... : °�-t �( � � � � �� 4 � yz� �� 50 FUOT ACCESS ROAD EASEtiENT EXHIBIT "A^ � BEING a tract or parcel of land situated in the City of Grapevine, Tarrant County, Texas; and being part of the Thomas Easter Survey, Abstract No. 458, and being part of the Austin Oaks Addition, an addition to the City of Grapevine recorded in Cabinet A, Hanger 408, Plat Records, Tarrant County, Texas; and being more particularly described as follows: BEGINNING at the Northeast corner of Lot 3, Block 1, of said Austin Oaks Addition and the South line of Bonham Trail (50 foot wide Right- of-Way) ; THENCE South 01�08'23" West, alonq the East line of said Lot 3, a distance of 26.46 feet at the beginning of a curve to the right whose chord bears South 08'43'14" West; THENCE in a Southerly direction alonq said curve to the right having a central angle of 15'09'42", a radius of 325.00 feet, and an arc length of 86.00 feet to the end of said curve to the right, said point being in the South line of said Lot 3 and the North line of a tract of land conveyed to 168 Venture No. 3 by Deed recorded in Volume 7859, Page 1476, Deed Records, Tarrant County, Texas; THENCE North 88�09'24" West alonq the South line of said Lot 3, and the North line of said 168 Venture No. 3 tract, a distance of 51.95 feet to a point in a curve to the left whose chord bears North 10'04'20" East; THENCE in a Northerly direction along said curve to the left having a central angle of 17'51'54", a radius of 275.00 feet, and an arc length �"""" of 85.75 feet to the end of said curve to the left; THENCE North 01�08'23" East a distance of 26.46 feet to a point for y�� corner in the North line of said Lot 3 and the South line of said Bonham Trail; THENCE South 88�51'37" East along the North line of said Lot 3, and the South line of said Bonham Trail, a distance of 50.0o feet to the POINT OF BEGINNING and containing 0.13 acres of land, more or less. I, Paul S. Unzicker, of Paul S. Unzicker, Inc., a Registered Public Surveyor do hereby certify that the map shown herewith: (1) accurately represents the property as determined by an on-the-ground survey made under by direction; (2) correctly shows the boundary line and dimensions indicated; and (3) currently shows the easement affecting the subject property. Interior improvements have not been loca < �f ct�;;-9�E:�qN Paul S. Unzicker, R.P.S No. 2207 •••�••.....�,'�,�,�.. �" ......:... Paul S. Unzicker, IT1C. ?AULS.UFiZICKER � A`...2207.»«.f... !i�dj►c�*Lp�Q� �/�'SUF��y /� Exr+ieir �-� ro �4��Zy Page �_. of�_ , "'�"e.�,�.'—�.�.d,8, � � � � � �j j i,j � ..l ii B/oCk 3 q�sfin Oaks Add��on I 2 3 C�bi�e P,�.CaT9c�408 � W� � 4 � Wo� .. .. .. Q�o BONf�Q�t�1 TRA/G o � 588°6/'37"E h PO/NT pF 50 00� BEG/N,V/il/G �o.oo�'—T�o. � ia2�o�' Q NO/°46'23"E : 5O/°08�23"K/ 2�4�o I I 2�.a� � 30'6/dC�. L�ne d=/7°5%�54� `5O'�ccess o 4=/5°09'42' � R=275.00' � � 2oad Esn�f � R-3Z,�Op' m �=85 75' � I � �= 8�.Oo' Sca/e: l'=-40' � C6=N/0°04'20'E' . C�=508°�L3'/4"6l/ io'u�/�y I_s'� / Z esmt � 3 4 s' B/ock / J. i42.os �o.o�� Cji'YOF G,�ZCT/dEt/� �— - /o�Ufi/%�l.�ES/77f Tran��Crrn 88°09'24"k/ C/7Y OF �50UTyLD!!E ,�.:�, E� � 5/.�5' �" AuS�oak /nc. /�08 ven�rire No.3 !�o% °J622, Pq. 749 f/D/. 7g59, P9. /47�c o.R.r.c.r` o.R.r.c r. ' � 50'!�//de Access Ea�emen� Cify OF 5'oufh/ake .. � �Xf�//8/T"6,• 50' �u�oE .�ccEss �oQO E,�sE�Etir ��sriiv oQ�S QD�oirio�V � C/Tr OF �'a�lPE!//�i/E� T4,P,C24�t/T COU�c/TY, TEa'QS EXHI8IT � TO Q�'Z�- Page of _�_ � �� :� __� :� �� °� � � � � � _ �, R � �f��, �,,. ,> D194087722 CITY GRAPEVINE BOX 95104 GRAPEVINE, TX 76099 �� 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 i� 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 GRAPEVINE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 194199803 DR92 T000224 04/12/94 08 :49 � 4 INSTRUMENT FEECD INDEXED TIME �. 1 D194087722 WD 940412 08 :49 CK 73724 � T 0 T A L : DOCUMENTS: O1 F E E S: 19 . 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. �� ° �� _- j i � .� � ' �