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HomeMy WebLinkAboutItem 06 - Drainage Easment r�. MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: AUGUST 18, 2009 SUBJECT: DRAINAGE EASEMENT ABANDONMENT — SHORECREST ACRES LOT 75R RECOMMENDATION: City Council consider adopting an ordinance abandoning a 32.36 foot wide portion of a 49.96 foot wide Drainage Easement along the southern property line of Lot 75R, Shorecrest Acres Addition, and take any necessary action. BACKGROUND: The owner of Lot 75R, Shorecrest Acres Addition has requested the City to abandon and vacate this 32.36 foot wide portion of a 49.96 foot wide drainage easement along their southern property line to build a detached garage. Abandonment of the easement poses no negative impact to City facilities. The remaining 17.6 foot wide drainage easement has been improved by the owner and is of sufficient width to convey the stormwater that drains to Corps property to the east of Lot 75R. Staff has reviewed the request and has no objections. Staff recommends approval. O:\AGENDA\2009\08-18-09\Easement Abandonment-Shorecrest Acres Lot 75R.doc August 4,2009(9:09AM) EXHIBIT 'B' DRAINAGE EASEMENT ABANDONMENT 4,424 SQ. FT. OR 0.10 ACRE \ '/ e/6•IRF =' • 25'BUILDING LINE r VOL 388-1.,PG'81 UNITED STATES OF AMERICA A z \ CORPS OF ENGINEERS (TRACT NO. A-22A) N 73 CAUSE NO. 2115 P $ LOT 74 SHORECREST ACRES \ 4'unurY ESMT. P c VOL. 388-L, PG. 81 v4 11UTY PG.a� • m o 1/2•IRF (73 CONTROLUN� N89'22'03'E 190.32' \ tom• • ........\.v, 4'U11UT'ESMT. CM.A.SIJDE 11289 \ ! 1 °r3 R=185.00''"''''-- =185.00' \ SHORECREST ACRES \ ' 88. o' CAB. A. SLIDE 11289 BR KSHOUSE r 300' I ice\ O DRAINAGE ESMT. 1'IPF BEARS I -I-—-1 CAB.A,SLIDE 11289 • r N61.41'47.E 0.70' 1/z•IRF.1M1 s� S89"53 E 132.01' N •UTILITY EsMr. o M \ cA t�T. ]CAB289 y��, O M \\O >t. Z s \ ►�. .. 1/2'IRF 1/2'IRF 3' S89"53100 E 141.4 >�°°�. .• 9207• o MONUMENT �`0'� 1 I 1/2'IRF t�a• 581"13'13"W :• • • \• •t/2.IRF �/ •••I 'N S84'31'05 W P.0,8 lo `4 1/2'IRF•:•.: 34.88' r S65'47'46' Ra20.00' LOT 76 SHORECREST ACRES so• 24.84' L=8.71' LOT ACRES VOL. 388-L, PG. 81 S� ?'off • 1/2*IRF \ CAB. A, SLIDE 11289 \ IA J CAB.BUILDING 11289 O 4'U1RITr ESMT. VCL.388-1.,PG.81-....-/ \ 1/2'IRF \ • NOTES: .'\:::::: ',, rrc d 1. IRF - Iron Rod Found i�''''%d' 2. Basis of Bearing - Subject Plat ti z o 3. Not all improvements have been shown, this easement exhibit was performed N't r without the benefit of a title comltment, and this property has not been L-.. i'_.,l,.Eq abstracted per the client's request. \. '..`• :bc3".. The pat Mason le a true,correct and accurate representation of the property a.determined by on an the ground \.SL,,,\ft,�,,› 7x'21 su 1 to any and og easement.,n.erwtlan.and n.tlotlan.that ma be of record.Si.6bm and d.n.kn. ...� of w..property being I�dloatea oy 1M plat,the Ma,b action and l�iyppe.of b aM the diatomant.an ae \ ISi. Si. diatoms from Si.nearest hhn.otlon as indicated I.as drown on said pot There an no.Mlle.neroadwnents. conflict..or protrusion except as shown. JOB NO. PEISER SURVEYING CO. �"e1 P-3643EX www.pelsersurveying.com R"" PEISER eateter.d Prolbeelanal land SrMIartla Jf188 DATE: 07/13/09 'Texas• of PS `\( SCALE: 623 E. DALLAS ROAD su▪rveyors X Co 1• = 40' GRAPEVINE, TX 76051 (817) 481-1 806 COMMERCIAL • RESIDENTIAL DRAWN BY: (817) 481-1809 FAX BOUNDARIES • TOPOGRAPHY T.R.M. Member Since 1917 MORTGAGE i } 111 1733, 1.� �1Z3'3 117B C. _t? .A 1 1 1 1 1 1 • � 11 %!i-347 '} 11 ECID 11 ,• . 11 • 1 WCB 3 Drainage Easement Abandonment 0 50 100 200 Feet I I 1 1 1 I vV),4V2 ORDINANCE NO. ;4) 0,Qfrr AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING THE PUBLIC'S RIGHTS IN A CERTAIN DRAINAGE EASEMENT LOCATED ON LOT 75R, SHORECREST ACRES ADDITION TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 75R, Shorecrest Acres Addition, Grapevine, Tarrant County, Texas has requested that a 32.36 foot wide segment of a 49.96 foot wide drainage easement located along the southern boundary of the subject lot, as herein after described be abandoned and vacated; and WHEREAS, the easement is not needed for City use and will not be needed in the future for City use; and WHEREAS, abandoning and vacating said 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 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's rights in the 32.36 foot wide portion of a 49.96 foot drainage easement located along the southern boundary (northern portion of drainage easement) of Lot 75R, Shorecrest Acres Addition, recorded in Cabinet A, Slide 11289, PRTC, depicted in Exhibits"A"& "B"attached hereto and incorporated herein for all purposes, is hereby abandoned and vacated for City use and the same is hereby abandoned and vacated insofar as all City right, title, interest in and to said easement 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. That the fact that the 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 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 August, 2009. APPROVED: ATTEST: APPROVED AS TO FORM: State of Texas County of Tarrant Before me, Jodi C. Brown, 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 18th day of August, 2009. Notary Signature My Commission Expires: 05/30/2012 ORD. NO. 2 EXHIBIT `A' DRAINAGE EASEMENT ABANDONMENT 4,424 SQ. FT. OR 0.10 ACRE Being a portion of Lot 75R,Shorecrest Acres,an Addition to the City of Grapevine,Tarrant County,Texas, according to the plat thereof recorded in Cabinet A,Slide 11289,of the Plat Records of Tarrant County, Texas,and being more particularly described as follows: BEGINNNING at a''V2 inch iron rod found for corner,said point being the southeast corner of said Lot 75R, same being the northeast corner of Lot 76,of said Shorecrest Acres,same being in the west line of the United States of America Corps of Engineers,Tract No.A-22A,Cause No.2115; THENCE through the interior of said Lot 75R as follows: South 89 deg.53 min.00 sec.East,a distance of 141.41 feet to a point for corner; North 00 deg.07 min.00 sec.East,a distance of 32.36 feet to a point for corner; South 89 deg.53 min.00 sec.East,a distance of 132.01 feet to a point for corner from which a 1 inch iron pipe bears North 61 deg.41 min.47 sec.East,0.70 foot,said point being in the east line of said Lot 75R, same being in the west line of said United States of America Corps of Engineers tract; THENCE South 16 deg.05 min.00 sec.East,along the common line of said Lot 75R,and said United States of America Corps of Engineers tract,a distance of 33.70 feet to the POINT OF BEGINNING and containing 4,424 square feet or 0.10 acre of computed land. fcklAX / ugh E.Peiser RPLS No.3688 July 15,2009 • 99, eea`J% } ._^Jt' Iry • P-3643EX 1 f iF if 4