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HomeMy WebLinkAboutORD 2008-038 ORDINANCE NO. 2008-38 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING THE PUBLIC'S RIGHTS IN A CERTAIN UTILITY EASEMENT LOCATED IN THE CREEKWOOD WEST PHASE THREE ADDITION TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 37, Block 5, Creekwood West Phase Three Addition, Grapevine, Tarrant County,Texas has requested that a 4 foot wide segment of a 10 f3ot wide util ty easement ioca ed along th-3 northern boundary of ire 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 4 foot portion of a 10 foot utility easement located along the northern boundary(southern portion of utility easement) of Lot 37, Block 5, Creekwood West Phase Three Addition, recorded in Volume 388-171, page 4{. PRTC,v, dep'L!L;c1 in "T i :.0 LlL d hereto and {{i( r .i:..ao d herein for aii 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 19th day of August, 2008. APPROVED: William D. Tate Mayor ATTEST: Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney 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. ORD. NO. 2008-38 2 Given under my hand and seal of office this 19th day of August, 2008. .„, 4dJ o .ry Signature My Commission Expires: 01 /14/2012 o ANNE BAKER Notary Public `� g State of Texas Peorw My Comm.Expires 01-14-2012 ORD. NO. 2008-38 3 EXHIBIT"A"TO ORD. NO. 2008-38 Page 1 of 2 ABANDONEMENT OF A 4' PORTION OF A 10' UTILITY ESMT. RECORDED IN VOL. 388-171, PG. 48 323 SQ. FT. OR 0.01 ACRE Being a 0.01 acre tract of land situated in the G.B. Knight Survey, Abstract No. 898, in the City of Grapevine, Tarrant County. Texas, and being a portion of Lot 37, Block 5, of Creekwood West Phase Three, an addition to the City of Grapevine, Tarrant County, Texas,according to the plat thereof recorded in Volume 388-171, Page 48, of the Plat Records of Tarrant County, Texas,and being a 4 foot portion of a 10 foot utility easement dedicated by said Creekwood West Phase Three, and being more particularly described as follows: COMMENING at a 1/2 inch iron rod found for corner, said point being the southeast corner of said Lot 37, same being the southwest corner of Lot 38, Block 5, of said Creekwood West Phase Three, same being in the northeasterly right-of-way line of Creekview Drive(a 50'right-of-way); THENCE North 20 deg. 58 min. 29 sec. East, along the common line of said Lot 37, and Lot 38, a distance of 105.00 feet to a point for the POINT OF BEGINNING, said point being the beginning of a curve to the right having a radius of 530.00 feet, and a delta angle of 08 deg. 46 min. 34 sec.; THENCE through the interior of said Lot 37,and along said curve to the right, an arc distance of 81.18 feet,and a chord bearing and distance of North 65 deg. 01 min. 35 sec. West, 81.10 feet to a point for corner, said point being in the west line of said Lot 37, same being in the east line of Lot 36, Block 5, of said Creekwood West Phase Three; THENCE North 29 deg. 44 min. 44 sec. East, along the common line of said Lots 37, and Lot 36, a distance of 4.00 feet to a point for corner, said point being the beginning of a curve to the left having a radius of 526.00 feet, and a delta angle of 08 deg. 46 min. 34 sec.; THENCE through the interior of sa;d Lot 37, and along said curve to the left, an arc distance of 80.57 feet, and a chord bearing and distance of South 65 dea. 01 nun. 16 sec. East, 80.49 feet to a point for corner, said point being in the east line of said Lot 37, same being in the west line of said Lot 38; THENCE South 20 deg. 58 min. 29 sec. West, along the common line of said Lot 37,and said Lot 38, a distance of 4.00 feet to the POINT OF BEGINNING and containing 323 square feet or 0.01 acre of computed land. Hugh E. Peiser R.P.L.S. No. 3688 P-2731EXLegal E OF P�\STE�'�gs Q HUGH E. PEISER • •.4 3688 •9CFEss\Q. lq- � • ' ' ' ABANDONEMENT OF A 4' PORTION OF A 10' UTILITY ESMT. RECORDED IN VOL. 388-171, PG. 48 323 SQ. FT. OR 0.01 ACRE EXHIBIT"A"TO 0'D. NO. 2008-38 . Page 2 of 2 0=08'46'34" R=520.00' L=79.65' CB=S65.02'02'E D=08'46'34" CONCRETE CD=79.57'ALLEY R=526.00' /N29'44'44'E L=80.57' 6.00' _�� :/2'IRF / CB=S65'01'46"E N29'44'44"E— 4 CD=80.49' 4.00' LOT 36 BLOCK 5 1/2'IRF S20'58'29aW 6 00' j S20'58.2 9"W oo D=08'46'34" �� 4.00' C) R=530.00' 10'UT1UTY ESA/7. � \ .4./ L=81.18' VOL. Jab-171. PG. 48_ / .„ CB=N65'01'35"W 'P.O.B.`-- 1 \ 0, CD=81.10' 1o'unuTY ESMT. J ` 2 VOL. 388-171, PC. 48 LOT 37, BLOCK 5 • CREEKWOOD WEST a \ PHASE THREE o•k VOL. 388-171 4,Q LOT 38 D=08.46'3\ PG. 48 O m� BLOCK 5 ....\,...s. 1/2-IRF FROM BEARS / In Co A 1/2' IRF BEARS R=635.00' \ 0 Q 30'BUILDING UNE 589'48'06 E 0.95' L=97.25' _',� VOL 388-171.PG. 48 CB=N64'57'47"W CD=97.16' SD "'C/O'` // O 1/2'IRF OF it.i iF `P.o.C. .-:\".F,o F re 4 HUGH E. PEISER '•4 3638 ,' */:p,y aP: ESS�o, Pa ly ._SUR\L��" , NOTES: 1. IRF — Iron Rod Found 2. Basis of Gearing — Based on the east line (North 20 deg. 58 min. 10 sec. I✓ �t East), Lot 37, Block k 5, of Creekwood West Phase Three, an addition to the City V/I/ of Grapevine, Tarrant County, Texas, according to the plat thereof recorded in Volume 388-171, Page 48, of the Plat Records of Tarrant County, Texas. HUG E. PEISER Rsgi.lared Pr,f..nand Land Surva,or No.3688 4.1„0, NO. PEISER SURVEYING CO. I P-2731EX www.peisersurveymg.com TE: A P 05/15/2008 Society Texas �� 623 E. DALLAS ROAD Professional SCALE: GRAPEVINE, TEXAS 76051 „ Surveyors � I co I 1 - '30' 817-481-1806 (0) ` , DRAWN BY: 817-481-1809 (F) �' '" COMMERCIAL • RESIDENTIAL BOUNDARIES • TOPOGRAPHY C,A, ll+mbar stnve 197? MORTGAGE ate#* �** LINDA HUFF CITY SECRETARY, CITY OF GRAPEVINE 'S #*•,8 PO BOX 95104 GRAPEVINE TX 76099 Submitter: CITY OF GRAPEVINE/PUBLIC WORKS SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL REC R . Filed For Registratio : 09/30/2008 01:35 PM Instrument#. D208375526 6 PGS $32.00 1111111 1111 1111111111 1111 II1II 11111 11111 11111 VIII III 11 D208375526 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Printed by: MV