HomeMy WebLinkAboutItem 11 - Bass Pro Drive Abandonment E , .�_
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: SEPTEMBER 15, 2009
SUBJECT: ORDINANCE ABANDONING A PORTION OF BASS PRO DRIVE
RECOMMENDATION:
City Council consider adopting an ordinance abandoning the portion of Bass Pro Drive
right-of-way west of State Highway 26, and take any necessary action.
BACKGROUND:
The Bass Pro Drive right-of-way west of SH 26 was dedicated with the plat of Lot 1,
Block 1, The Bluffs at Grapevine in May, 2000.
With the planned development of Lot 1, Block 1, Silver Lake Addition for the Marriott
Courtyards hotel, part of the existing right-of-way will eventually be completely
abandoned and part will be reconfigured for new right-of-way.
In the interim, this ordinance abandons and vacates the right-of-way but retains it in its
entirety as an easement for public access, drainage and utilities.
The plat of Lot 1, Block 1, Silver Lake Addition dedicates the new street right-of-way for
Bass Pro Drive which is shorter and somewhat offset from the original alignment.
The balance of the right-of-way being retained as an easement for public access,
drainage and utilities will be completely abandoned by separate instrument after the
developer has relocated the existing utilities, drainage facilities and constructed a new
access route.
Staff recommends approval.
O:\AGENDA\2009\09-15-09\Bass Pro Drive Memo.doc September 3,2009(4.52PM)
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ORDINANCE NO.
lb
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING A
PORTION OF BASS PRO DRIVE RIGHT OF WAY IN THE
CITY OF GRAPEVINE, TEXAS AS HEREINAFTER
DESCRIBED AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the property owner of Lot 1, Block 1, Silver Lake Crossings and the
abutting property surrounding Lot 1, Block 1, Silver Lake Crossings located in the A. W.
Anderson Survey, Abstract No. 26, Grapevine, Tarrant County, Texas has requested that
the right of way of Bass Pro Drive west of State Highway 26, 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 right 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
entirety.
Section 2. That the public street right of way described 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, subject to the retention by the City of said
right of way as a public access, drainage and utility easement.
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. That the fact that the right of way 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 access 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.
Section 5. That this ordinance shall 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 15th day of September, 2009.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
State of Texas
County of Tarrant
Before me, Anne Baker, Notary Public on this day personally appeared William D. Tate,
Linda Huff and John F. Boyle, Jr. known to me to be the persons whose names are
subscribed to the foregoing instrument and acknowledged to me that they executed the
same for the purposes and consideration therein expressed.
Given under my hand and seal of office this 15th day of September, 2009.
My Commission Expires: 01/14/2012 Notary Signature
ORD. NO. 2