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Home My WebLink AboutORD 2009-032 ORDINANCE NO. 2009-32 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: William D. Tate Mayor ATTEST: / r Lind- Huff ff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney 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. deg .0.A.ATIAT/\_ Notir Signature My Commission Expires: 05/30/2012 JOIN C. MOWN SIM et ORD. NO. 2009-32 2 A ■t EXHIBIT. TO 040.Po..ao09' 3 g' Page __L_ of 1. __ 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''/2 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. 4, ugh E.Peiser RPLS No.3688 July 15,2009 •-■.,,,,,,\ S :- '".. `ifs .,T ,4 zt3 *, P-3643EX �j c -,rye , r EXHIBIT 'B' DRAINAGE EASEMENT ABANDONMENT 4,424 SQ. FT. OR 0.10 ACRE EXHIBIT_.a. TO 00.13°.aiog - f-ge —L_ of . I v) •5/8'IRF \ 25'BUILDING UNE r VOL 388-L,1'G'81 UNITED STATES OF AMERICA A \ CORPS OF ENGINEERS 0 ' o z (TRACT NO. A-22A) ,� u 0 \ CAUSE NO. 2115 c (n $ LOT 74 SHORECREST ACRES o c VOL. 388-L, PG. 81 \ va UALTm rn ‘i o v O 1/2'IRF (� CMONUMMEENT N89'22'O3"E 190.32' \ �•• IRF • I A.UTY MIT. \ CABB. SUDS 11289 \ N rn LOT 75R \ 0. R=185.00' o L=88.90' SLIDE 11289 30.0' HONE STORY OUSE 0 3p,0' I4 I i� O L!_� DRAINAGE ESMT. 1'IPF BEARS I 4-—-I CAB.A,SLOE 11289 r • r N61'41'47'E 0.70' --- 1/2,IRF• ( w • \ S89'53'•0.E 132.01' •o io \ i�t�''j10 cn CAJUUTYESMT 28 9 y P le) `\O mod'. N. 6..\X `� 1/2'IRF ',''r?' Z • S8953100 E 141.4 '.1/2•IRF 07 OMNONUMENTG .. t/2 ... •1/2'IRF'1 • 581^13'13 • (� • 1/Y IRF "/ ` I S84'31'OS•W P.0.B ID C/ 1/2'IRF 34.88' \ LOT 1 �S 865'47'46" R=20.00' LOT 76 L=8.71' SHORECREST ACRES °'o• 24.84' SHORECREST ACRES \ VOL. 388-L, PG. 81 �Q �'o� • 1/2'NW \ CAB. A, SLIDE 11289 /(\ 30'BUILDING UNE �J CAB.A.SLIDE 11289 O 4'UTIUTY MT.VOL 388-L PG 81_-..- \ 1/2 IRF \ •NOTES: ,... Tfi� ;' to 1. IRF — Iron Rod Found �. . .P 2. Basle of Bearing — Subject Plat ca 3. Not all improvements have been shown, this easement exhibit was performed HI_ -;'r^"'. '' t ' without the benefit of a title comitment, and this property has not been u5d3 abstracted per the client's request. , , ..`P..; The plat hereon h a true tarred and accurate roprwntatlan of the prop.rty a.determined by an an the ground � � ., -. wmwy,subject-to my and ob aa.rn.ntr,r•.rwtlan and r..trlotlone that ma be of:cord the ntr and rin.ndon. �.,..,y tom'""' of Improvements Y b tag Mloatad by th.plat em.Ile location end h�yqpc of bu and Yn&tre s a:d. 1.Waited. U,. distance from the:caret ht.rs.etbn a indteat.d b as locum m cold plat,Thor.on no lath.mmwdmmte cootie*or protrusions exempt as Mawr. JOB NO. - PEISER SURVEYING CO. 11--,/t#1:"..-,) P-3643EX WWW. eisersurve ri .com PEISER P ✓' g I Registered Prob.dmd land Surma.No.3Q88 DATE: 07/13/09 Testy of PS 623 E. DALLAS ROAD `'0�ar'al SCALE: Surveyors .1C.9) 1"1" = 4()' GRAPEVINE, TX 76051 (817) 481-1806 COMMERCIAL • RESIDENTIAL DRAWN BY: (817) 481-1809 FAX BOUNDARIES • TOPOGRAPHY T.R.M. Member Sine 1977 MORTGAGE a CITY OF GRAPEVINE /CITY SECRETARY e iFN Ff**i 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 RECORD. lied For Regi ion: 09/1./2009 02:56 PM Instrument#: D20' 48125 PR PGS $28.00 By: 11 11111 11111 11111 11111 11111111 11111 11011 I I D209248125 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: DS