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HomeMy WebLinkAboutItem 30 - Easement AbandonmentMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: OCTOBER 18, 2022 SUBJECT: SANITARY SEWER EASEMENT ABANDONMENT - 216 EAST NORTHWEST HIGHWAY RECOMMENDATION: City Council to consider adopting an ordinance abandoning the five foot (5') wide sanitary sewer easement along the southern boundary on proposed Lot 1, Block 1, 430 Main Addition, and take any necessary action. FUNDING SOURCE: BACKGROUND: Property owner for 216 East Northwest Highway has requested the City to abandon an existing five foot (5') wide sanitary sewer easement due to no sanitary sewer line being located in the easement. Final Plat of Lots 1 and 2, Green Park Addition is being considered by City Council on November 15, 2022 has a dedicated 10' utility easement along back property line to encompass utilities and existing sanitary sewer main. Staff recommends approval. ORDINANCE NO. 2022-071 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 5- FOOT WIDE SANITARY SEWER EASEMENT LOCATED AT 216 EAST NORTHWEST HIGHWAY TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of the proposed Lot 1, Block 1, 430 Main Addition located at 216 East Northwest Highway, City of Grapevine, Tarrant County, Texas has requested that a 5-foot wide sanitary sewer easement on said lot, as herein after described, be abandoned and vacated; and WHEREAS, this easement was originally dedicated to the City as a 5-foot wide sanitary sewer basement by separate instrument Vol 4739 Page 596 in June 1969; and WHEREAS, the applicant has received signatures from the Water/Wastewater Collection Superintendent and the Director of Public Works and the easement is not needed for sanitary sewer use and will not be needed in the future for public use; and WHEREAS, abandoning and vacating the said easements will relieve the City of Grapevine, Texas from the cost and expense of maintaining said property; and 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 Chapter 211 of the Local Government Code; 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 Sanitary Sewer Easement located on Proposed Lot 1, Block 1, 430 Main Addition in Exhibit "A", 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. 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 easements are 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 maintaining such easements create 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 18th day of October, 2022. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2022-071 2 SHEET 11 OF 2 Being that certain 750 square feet (0.017 acre) tract of land situated in the A. F. Leonard Survey, Abstract No. 946, in the City of Grapevine, Tarrant County, Texas, being all that certain 5 foot Utility Easement to the City of Grapevine, as recorded in, Volume 4739, Page 594, Deed Records, Tarrant County, Texas, and being a portion of that certain tracts of land conveyed to Wright 430 Main LLC, by deeds recorded in Instrument Numbers D222214316, Official Public Records, Tarrant County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod set with "Peiser & Mankin SURV" red plastic cap (hereinafter referred to as 1/2 inch iron rod set) for the southwest corner of said Wright tract, some being the southwest corner of said 5 foot Utility Easement, some being the southeast corner of that certain tract of land conveyed to W R. Williford., by deed recorded in Volume 5571, Page 691, Deed Records, Tarrant County, Texas, some being in the north line of that certain tract of land conveyea as Tract I to Gr8 Green Properties LLC and The Rylor Group LLC, by deed recorded in Instrument Number D222068817, Official Pubiic Records, Tarrant County, Texas; THENCE North 00 deg. 04 min. 58 sec. Wes*, along the common line of said 5 foot Utility Easement, said Wright tract and said Williford tract, a distance of 5.00 feet to a point for the northwest corner of said 5 foot Utility Easement; THENCE through the interior of sold Wright tract and along the north and east lines of said ' foot Utility Easement as follows: North 89 deg. 46 min. 44 sec. East, a distance of 150,00 feet to a point for the northeast carrier of said 5 foot Utility Easement; South 00 deg. 04 min, 58 sec. East, a distance of 5,00 feet to a point for the southeast corner of said 5 foot Utility Easement, some being in the south line of said Wright tract, some being in the north line of that certain tract of land conveyed to Grand Nova LLC, by deed recorded in Instrument Number D221318052, Official Public Records, Tarrant County, Texas, - THENCE along the common line of said 5 foot Utility Easement, said Wright tract, and said G,ond Nava tract, passing a 112 inch iron rod found for the northwest corner of said Grand Nova tract, some being the northeast corner of that certain tract of land conveyed as Tract 11 to Gr8 Green Properties LLC and The Rylor Group LLC, by aforesaid deed recorded in Instrument Number D222068817, Official Public Records, Tarrant County, Texas, and continuing along the common line of said 5 foot Utility Easement, sold Wright tract, and said Tract 11, passing the northwest corne- of said Traci 11, some being the northeast corner of aforesaid Tract 1, and continuing along the common line of said 5 foot Utility Easement, said Wright tract, and said Tract 1, a total distance of 150.00 feet to the POINT OF BEGINNING and containing 750 square feet or 0.017 acre of computed land, more or less. Bearings of lines shown hereon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (COPS) via Real Time Kinematic (RTK) Methods, JOB N 0* ' 22 -0 713 1-JOB NO.: 22-0713 PEISER 'C MANKIN -DATE* 'D/j 2/2022 -DATE: 10/12/2022 - YING, LLC SURVE :REVISION www.peisersurve ing.com F�, Tones NOT TO SCALE FIRM NO. 1009W-00 'L/ 'K­ ----------- V Professional 1604t HARf SIREET SUrVCyorB SOUTHILAKE, TEXAS 76092 DRAWN' j.B W_ 817-481­1Fl­,F_ (0) Member Since 1977 The undersigned, Registered Professional Lana Surveyor, hereby certifies that this legal description accurately sets out the metes and counals-lof ;Aheeczsernent tract describec. .*1OTHY R. MANKIN Registered PfofeaslonGl Land Surveyor No 6122 COMMERCIAL g RESIDENTIAL BOUNDARIES g TOPOGRAPHY MORTGAGE EXHIBIT 'A' SHEET 2 OF 2 5' UTILITY EASEMENT ABANDONMENT A. F. LEONARD SURVEY. ABSTRACT NO. 946 CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS E. NORTHWEST HIGHWAY (A 100- RIGHT—OF—WAY) 1 /2- IRS N89'28'14'E 200.00' L0' U11UTY EASBAENT IVC( OL 12407. PG. 2018 LEGEND YCIRF — Irori Rod Found with yellow cap IRS — Iron Rod with red "Peiser & Mankin SURV" cap found z 0. P. R. T. C. T. Official Public Records W. R. W1ILUFORD of Tarrant County Texas VOL. 5571, PG. 691 C5 D,R,T,C,T Deed Records of Tarrant D. R. T. C. T. 00 WRIGHT 430 MAIN LLC County Texas INST. NO. D222214316 INST. NO, Instrument Number O.P.R.T.C.T. VOL• Volume cD P& Page Ln UTILITY EASEMENT VOL 4739, PG. 594 ABANDONMENT /750 SO. FT 0.017 AC. OR N89*46*44NE 150.00' tv I /r yaw S89*55-02 W 12- IRF S89*46'44"W 150.00' / CONTROLUNG 25�78' MONUMW POINT OF Ul CL6 BEGINNING 6ZO6 !>- LO 0 0 ,Alo �(L_co cot� TRACT I < — — 5 0: GR8 GREEN PROPERTIES LLC AND 0 -if THE RYLOR GROUP LLC INST. NO. D222068817 The undersigned, Registered O. P. R. T. C. T. Professional Land Surveyor, hereby certifies that this plot of survey accurately sets qutth - e metes and bounds of ,the eaSjsrnL-h1r tract descr6ed, GRAPHIC' Profeasionot Land Sur�e Registered FIMEW u) a. UJ D =LJ(t O0N ix ., F- 0 CL 0 (-) 0� 0 'ON < (L 5� z X C5 � Uj Z 0 LLJ UJ 0W F CO 0 Z < SCALE I L) 15 30 1 LINE �I Ll w�I L2 ( IN FEET ) I inch = 30 ft. 22-0713 PEISER & MANKIN 10/12/2022 SURVEYING. LLC V) OD V M LINE TABLE BEARING N 00'04'58" W S 00*04'58" E DISTANCE 5.00' S,00' Bearings of lines shown fieieon refer to Grid North of the Texas Coordinate System of 1983 (North Central Zone 4202; NAD83 (2011) Epoch 2010) as derived locally from Western Data Systems Continuously Operating Reference Stations (COBS) vic Real Time Kinernatic (RTK) Methods. www.peisersurveying.com FIRM NO. 100999-00 Society or 1" 30, Professional /PM 1A "T STREET Surveyors 1604 HA R LLC/ SOUTHi AKE, TEXAS 76092 (0) COMMERCIAL - RESIDENTIAL J- B, W. 817 -- 4 81 — 180 6 9 BOUNDARIES - TOPOGRAPHY Member Since 1977 MORTGAGE