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HomeMy WebLinkAboutItem 20 - Utility Easement AbandonmentFROM: BRUNO RUMBELOW, CITY MANAGER kyp' MEETING DATE: OCTOBER 20, 2015 RECOMMENDATION: City Council consider adopting an ordinance abandoning a 10' wide utility easement across the rear of the residence at 3004 Mahan Court, and take any necessary action. The property owner of the residence at 3004 Mahan Court has requested the City to abandon a 10' wide Utility Easement across the rear of his yard to relieve a conflict of their proposed swimming pool and the easement. The applicant has obtained approval of this request from the five public utilities and the request poses no problems for City facilities. Staff recommends approval. R:\Agenda\2015\10-20-15\Easement Abandonment -Mahan Court.doc ORDINANCE NO. 6-ps"00 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 10 FOOT WIDE UTILITY EASEMENT ON LOT 2, BLOCK 1, MAHAN PLACE ADDITION IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 2, Block 1, Mahan Place Addition located at 3004 Mahan Court, City of Grapevine, Tarrant County, Texas has requested that a 10 foot wide utility easement bordering the north property line of said lot, as herein after described, be abandoned and vacated; and WHEREAS, the easement is not needed for public use and will not be needed in the future for public use; and WHEREAS, abandoning and vacating the 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 10 foot wide utility easement located on Lot 2, Block 1, Mahan Place Addition described in Exhibit "A" and Exhibit "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. 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 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 20th day of October, 2015. ATTEST: APPROVED AS TO FORM: ORD NO. 2 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 20th day of October, 2015. Notary Signature My Commission Expires: 01/14/2016 ORD NO. 3 EASEMENT ABANDONMENT 10' UTILITY MAHAN PLACE LOT 2. BLOCK 1 OR 0.024 1 OF 2 Being ail that 1,061 square foot tract of land, situated in the G.W. Minter Survey, Abstract No. 1034, and being a portion of Lot 2, Block 1, Mahon Place, on Addition to the City of Grapevine, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 7156, Official Public Records of Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod with yellow cap found for the Northwest corner of the herein described tract, some being the Northwest corner of said Lot 2, some being the Northeast corner of Lot 3, said Block 1, Mahon Place, some being in the South line of Lot 2, Block 1, McDonnell Place, an addition to the City of Grapevine, Tarrant County, Texas, according to the plot thereof recorded in Volume 388-166, Page 67, Map Records, Tarrant County, Texas; THENCE North 89 deg. 22 min. 52 sec. East, along the common line of said Lot 2, Block 1, Mahan Place and said Lot 2, Block 1, McDonnell Place, a distance of 106.13 feet to point from which a fence corner post found bears South 22 deg. 55 min. 51 sec. East, 0.77 feet for the Northeast corner of the herein described tract, some being the Northeast corner of said Lot 2, Block 1, Mohan Place, some being the Southeast corner of said Lot 2, Block 1, McDonnell Place, some being in the West line of Lot 1, said Block 1, Mahon Place; THENCE South 00 deg. 09 min. 03 sec. West, along the common line of said Lot 2 and said Lot 1, a distance of 10.00 feet to a point for the Southeast corner of the herein described tract; THENCE South 89 deg. 22 min. 52 sec. West, through the interior of said Lot 2, Block 1, Mahon Place, a distance of 106.13 feet to a point for the Southwest corner of the herein described tract, some being in the West line of said Lot 2, Block 1, Mahon Place, some being in the East line of aforesaid Lot 3, Block 1, Mahan Place; THENCE North 00 deg. 09 min. 03 sec. East, along the common line of said Lot 2, Block 1, Mohan Place and said Lot 3, Block 1, Mohan Place, a distance of 10.00 feet to the POINT OF BEGINNING and containing 1,061 square feet or 0.024 acre of computed land, more or less. GENERAL NOTES: 1. Basis of Bearing - Based on the West line (South 00 deg. 09 min. 03 sec. West) of Lot 2, Block 1, Mahan Place, an Addition to the City of Grapevine, Tarrant County, Texas, according to the plot thereof recorded in Cabinet A, Slide 7156, Official Public Records of Dallas County, Texas. 2. A plat of survey of even survey date herewith accompanies this legal description. JOB NO.: DATE: NOT TO SCALE DRAWN: 15-0818 PEISER &T t � A- LLC 8/28%2015 SURVEYING LLC www.peisersurveying.com Texas 623 E. DALLAS ROAD society of GRAPEVINE, TEXAS 76051 Professional 817-481-1806 (0) J.B.W. 817-481-1809 (F) FIRM N0. 100999-00 Member Since 1977 The undersigned, Registered Professional Land Surveyor, hereby certifies that this legal description accurately sets out the metes and bound§easement tract described. r C3�E Sf 4 612 .'0 ff' .11 Registered Professional Land Surveyor No. 6122 LLC COMMERCIAL • RESIDENTIAL BOUNDARIES • TOPOGRAPHY MORTGAGE MAHAN PLACE LOT 2, BLOCK 1 1,061 SO. FT. OR 0.024 ACRE LOT 2, BLOCK 1 POINT OF DATE: MCDONNELL PLACE SURVEYING, LLC I BEGINNING 1/2- IRF W VOL. 388-166, PG. 67 SCALE: YELLOW CAP MONUMENT N89 -22'52"E 106.13' FENCE CORNER POST BEARS S22'55*51 E 0.77' GRAPEVINE, TEXAS 76051 Surveyors 14 817-481 —1806 (0) FIRM NO. 100999-00 Member Since 1977 10.00 S89*22'52*W 106.13' LO CO LJ 0:2 cl� o— MAHAN PLACE CAB. A, SLIDE 7156 V) YELLOW CAP CONTROLLING MONUMENT MAHAN COURT (50' RIGHT—OF—WAY) GRAPHIC SCALE `o a, ( IN FEET ) Basis of Bearing —8ased on the West line (South 00 uvn os mm. oJ sec. weo) of Lot o. Block 1` Woxon p|oce. on Addition to the City of G,opovmo. Tarrant County, T"xon, ocnummg to the plot thereof recorded in Cabinet A. s/mo 7156. onioio| pwmio Records of Donoo County, Toxon. JOB 5—O DATE: 8/28/2015 SURVEYING, LLC I SCALE: 1 20' 623 E. DALLAS ROAD f GRAPEVINE, TEXAS 76051 Surveyors 14 817-481 —1806 (0) FIRM NO. 100999-00 Member Since 1977 11�i� COMMERCIAL - RESIDENTIAL BOUNDARIES ~ TopomB»PaY