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HomeMy WebLinkAboutItem 13 - High Oaks Estates AdditionITFM r / 3 muna MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER XV MEETING DATE: APRIL 17, 2001 SUBJECT: EASEMENT ABANDONMENT — LOTS 3, BLOCK 1, HIGH OAKS ESTATES ADDITION RECOMMENDATION: City Council consider adopting an ordinance abandoning a 10 -foot wide drainage and utility easement located along the south side of Lot 3, Block 1, High Oaks Estates Addition, and take any necessary action. BACKGROUND INFORMATION: The owner of Lot 3, Block 1, High Oaks Estates Addition has requested that the 10 -foot drainage and utility easement be abandoned. The owner is requesting the abandonment for an addition of a swimming pool. The owner is rededicating the southern half of the easement, a 5 -foot portion, back to the City by separate instrument, for use as a drainage and utility easement. The City has no utilities within this easement and the franchised utility companies are in agreement with this abandonment. Staff recommends approval. JLH/cst \\CHDN\SYS\DATA\PWORKS\AGENDA\04-17-01 \High0akslot3blkl_ABM.doc EASEMENT ABANDONMENT Being a portion of that 10 foot wide drainage and utility easement as shown on the map of High Oaks Estates, an addition to the City of Grapevine, recorded in Cabinet A, Slide 4144, Plat Records, Tarrant County, Texas. The portion of this easement to be abandoned is now part of Lot 3, Block 1, High Oaks Estates as shown on the replat recorded in Cabinet A, Slide 5176, said Plat Records. The portion of the 10 foot wide easement to be abandoned is more particularly described as follows: Beginning at the southwest corner of said Lot 3, Block 1; Thence N 01 degrees 01 minutes 58 seconds W with the west line of said Lot 3, Block 1, 10.00 feet to the north line of said 10 foot wide easement; Thence N 88 degrees 58 minutes 02 seconds E with the north line of said 10 foot wide easement, 125.72 feet to the northeasterly line of said Lot 3, Block 1; Thence S 35 degrees 56 minutes 16 seconds E with the northeasterly line of said Lot 3, Block 1, 12.19 feet to the south line of said Block 1; Thence S 88 degrees 58 minutes 02 seconds W with the south line of said Lot 3, Block 1, 132.70 feet to the point of beginning and containing 0.030 of an acre or 1,292 square feet. ..Z - 2 o- 4 t 97075 9 it: I 0:!= io Y CD !0 Z: LLJ Z 0) 40 C\j 81 W Z-1 z 0 QD to 0 0 Z ll� 0 o m < 0 UJ F- > w Z CO x Z < F- x 0 F- C) CC 0 r- 1'I LLJ(3) W . 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C) D M F- 0- ui F- .,o —0 ND Lr) D I i z X: LJ -r Of - CD rf) 0 n F- • 0 F- UJ z < M �e U 0 LLI cn (1) NL4 Mui 0 "1 0 Z cr- u F- -j 'M 0 < "-4 0 M LLJ z F- MW < (.) 0 ui < M r1r) p W 0 LL 2 F- Z WUl) Co 0 (f) U) 0 0 co m 0 < QOD 0 (f) LLJ uwi LU C; -i 0- z D it: I 0:!= io !0 Z 0 C\j 81 W Z-1 F - d — M a LLJ z) — < 0 UJ F- > w Z x < < F- 0- < 0 F- W uj 1'I O . z (J) Si83808 Of 0 CD F - z Lt - 0 Z 0 d — M a LLJ z) — < 0 UJ F- > w Z x < < F- 0- < 0 F- W uj cr (D LIJ 0 z (J) U- Of 0 CD F - z UJ M -13c: < 0 U w0 D z 0 >- w C) F- M F- 0- ui F- CD < Lr) z lA z X: LJ -r UJ 0 n F- F- < F- F- uj Nr- z < M �e U 00 LLI cn (1) < 0 :z Z F- -j 'M 0 0 M LLJ F- 0 r < (.) 0 ui M r1r) p W ui (f)F- < (f) F- < 0 < < LLJ Z < -i 0- z AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A TEN FOOT (10') UTILITY EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owners of Lot 3, Block 1, High Oaks Estates, recorded in Cabinet A, Slide 5176, Plat Records of Tarrant County, Texas, the property containing a ten foot (10') utility easement, more specifically described in Exhibit "A" attached hereto and incorporated herein for all purposes, has requested the utility easement, as herein after described be abandoned and vacated; and WHEREAS, the utility 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 utility 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 utility easement located within the property described in Exhibit "A", 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 utility 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. The fact that the utility 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 utility 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 17th day of April, 2001. ATTEST: ORD. NO. 2