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HomeMy WebLinkAboutItem 12 - Blevins StreetMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: EN HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL BRUNO RUMBELOW, CITY MANAGER NOVEMBER 15, 201'1 RIGHT OF WAY ABANDONMENT -� BLEVINS STREET City Council consider adopting an ordinance abandoning the southern portion of Blevins Street right of way at the West Sunset Street Intersection, authorizing the City Manager to execute a Quit Claim Deed to the abutting property owner, and take any necessary action. BACKGROUND: Blevins Street runs south from Wall Street to the rear property line of Lot 5, Block 2, Dellwood Acres Addition, a residential subdivision platted in 1964. The section of Blevins Street right of way, south of the intersection with West Sunset Street (an east - west street to Ball Street) is not a paved city street. The property owner at 402 Blevins St., Michael and Terry Toce, have requested the City abandon the right of way for this 138 foot long dead end portion of Blevins Street. This unimproved section of Blevins Street provides the only access for the Toce's 0.643 acre tract of land via a private driveway. The water and sewer utilities serving: this tract of land are located in Blevins and West Sunset Street. In the proposed abandonment of the street right of way, the City of Grapevine will retain the right of way as a utility easement for the current franchise utilities utilizing this area. Abandonment of the right of way poses no negative impact to City or franchise facilities. Staff has reviewed the request and has no objections. Staff recommends approval. O:\AGENDA12011\11- 15- 111Street ROW Abandonment - Blevins Street Memo.doc EXHIBIT A FIELD NOTES FOR A TRACT IN THE HEIRS OF A. FOSTER SURVEY, ABSTRACT No. 518, SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a pipe found at the southwest corner of a tract described in a deed recorded in Volume 7360, Page 401, Deed Records, Tarrant County, Texas, said point also being the southeast corner of the herein described tract; THENCE N. 89 "- 49' -52 "W. along the north line of Block 2, Deliwood Acres, as shown on a plat recorded in Volume 388 -36, Page 75, Plat Records, Tarrant County, Texas, a distance of 34.82 feet to a 3" metal fence corner post at the southeast corner of the tract described in a deed filed under Clerk's File No. D211011983, Deed Records, Tarrant County, Texas; THENCE N. 00 °- 30' -16 "W. 138.01 feet (called South 110.00 feet in the last referenced deed) along the east line of the last referenced tract to a 3/8" iron found at the northeast corner of , same; THENCE N. 880- 25' -14 "E. 36.05 feet to an "X" cut in the top of curb for the northwest corner of the tract described in a deed filed in Volume 7360, Page 401, above referenced; THENCE S. 000- 00' -00 "E. (Base Bearing — Volume 7360, Page 401) 138.90 feet to the POINT OF BEGINNING and containing 4,906 =/— Sq.Ft. or 0.113 acres. NOTE: See attached Exhibit B for sketch. I, Walter W. Ward, certify these field notes to be a true and accurate representation of a survey made ynder my supervisLen on the ground. -2 tzz Registered P�rpofessional Land Surveyor No. 2014 Date /—Z—1 .- ..111 ...... 6 WALTER LI WARD SURVEYING INC. FORT WORTH, TEXAS 78182 P.O. BOX 820253 -0259 PHONE 817 - 898 -7088: FAX 817- 898 -7095 EXHIBIT B 10023 •� a p4 � West Sunset SCALE: 1 30' Street N 88 025'14 "E 36.05' 3/8" IF "X" Cut on Curb w o ° 0 om o� Michael Toce and Terry Toce O 4,906 Sq.Ft. p of Peggy West CF# D211011983, DRTCT. = 0.113 Ac. O 6 Vol. 7360, Page 401, DRTCT �w a ca 00 flo as CD o o r U 3" Metal P.O.B. Fence Post Pipe Fnd S 89 °49'52 "W 34.82 Lot 5, Block 2, Dellwood Acres Vol. 388 -36, Pg. 75, PRTCT. SKETCH SHOWING Sketch to accompany field notes for a tract in the Heir of A. Foster Survey Abstract No. 518, situated in the City of Grapevine, Tarrant County, S. NOTE: See attached Exhibit A for field notes. '• "••••`'•• "•••f•• YL 2014 RD, f w I I, Walter W. Ward, certify this sketch to be a �'►tr� "' true and accurate representation of a survey TTY ode nde� y sup rvisio on the ground. WARD SURVEYING �A"� �j J/n II INC. _ � �a.z� - - - -�� FORT NORTH, T&)iA.S 78182 Registered Professional land Surveyor No. 2014 P.O. BOX 820259 -0253 PRONE 817 -838 -7088: FAX 817 --e98 -7099 i ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF BLEVINS STREET RIGHT OF WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of 402 Blevins Street, also part of the Heir of A. Foster Survey, Abstract No. A 518, City of Grapevine, Tarrant County, Texas has requested that the right of way of Blevins Street bordering the subject tract, 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 located adjacent to the subject property described in xhibits "A" and "B ", 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 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 15th day of November, 2011. APPROVED: ATTEST: APPROVED AS TO . State of Texas County of Tarrant Before me, Anne Baker, Notary Public on this day personally appeared and 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 November, 2011. Notary Signature My Commission Expires: 01/14/2012 ORD. NO. 2