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HomeMy WebLinkAboutORD 2004-047 � ORDINANCE NO. 2004-47 , : ,. ��� AN ORDINANCE OF THE CITY COUNGL OF THE CITY OF �� ' GRAPEVINE, TEXAS, ABANDONING AND VACATING A 739 = SQUARE FOOT PORTION OF A TEMPORARY ACCESS EASEMENT LOCATED ADJACENT TO ENCHANTED WAY RIGHT-OF-WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of the remainder of an 18.9813 acre tract, DFW- North # 2, Ltd, recorded in Volume 11152, Page 1792, Deed Records, Tarrant County, Texas, the property containing an access easement, more specifically described in Exhibit "A" attached hereto and incorporated herein for all purposes, has requested the access easement, as herein after described be abandoned and vacated; and WHEREAS, the access 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 access easement will relieve the City of Grapevine, Texas from the cost and expense of maintaining said property. �:.a� 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 access easement located within the property described in Exhi�it "A", attached hereto and incorporated herein for all purposes, is hereby abandoned �;-;.-� ,,���tcr�! fnr ��hlir �,�e anc± tne ��.mP i� hPrehy ah�ndoned and vacated insofar as all public right, title, interest in and to said access 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 access 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 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 shal� 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 August, 2004. APPROVED: William D. Tate Mayor ATTEST: ��"�" Linda Huff City Secretary �,� APPROVED AS TO FORM: f:- �_ L�-���� _ John F. Boyle, Jr. City Attorney �� ORD. NO. 2004-4� 2 � � ��tMi6i1`.�. TO r�a�o� �,� � , � P�q� ._.L..,.. of � �,..,� � � � Sco%• 1"-40� � v � � � BAS/S OF BEAR/NGS/S Tf�E PLAT f7LED/N C.4B/NET A, .SC/DE 28.�8, PRTCT. � � y � � � =o= a O � w � a � R TRA T � REMA/NDER OF 1�981.3 AC E C OFfY-NGYQTf�,,�'2, L lU. .0 1�7LU�(!E 1»52, PAGE 1792 _-_ ORTCT �- �� � � � . � � � TL�'A/P. ALL^E'SS EA.S£MENT � I?7LUME 1292� PAGE 19? � � j DEL TA ANGLE = 9>t79 016'" � V$ RAD/US = 50.00' � �� LENGTf� = 79.54' . � `� �� � �� A�NT Ol�BEGYNN/NG �v �n»9"� 5.65' ---------5�� PGi�NT G�' CD�1/�I/ENGYNG OFiY NGt?Tt/L 7D. 1�7LUME 7669, PAGE >896 ORTCT �.9� r �g��'*s'�c ��STI1NLElf R%1Y FELTS� .�����'!$SI�'�i0 �• •'v�► t,��' � �o� 7� � SURI�EYOR.• EXH/B/T ✓�ISTER—QU/NT�1N/LLA DALLAS, LLP ABANDONMENT OFA POT/ON OFA � � 2105 COtifit-fERCE STREET TEMPORAi9YACCESS EASEMENT SU/TE .300 BE/NG 7.39 SQU.4RE FEET OF LAND LOCATED '��`� DALLAS, TEX�1S 75201 /N TNE ✓,4�ilES G/BSON SURIi£Y, ABSTRACT NO. 586 214 752-9098 ' C/TY OF GRAPEIi/NE, TARRANT COUNTY, TEX.4S EXHIBIT� TO � �.D:�'� ,k P�pa � of ,..�..._ ,�:� ABANDONMENT OF A PORTION OF A TEMPORARY ACCESS EASEMENT BEING a 739 square feet of land situated in the James Gibson Survey, Abstract 586, located in the City of Grapevine, Tarrant County, Texas, and being part of a called 18.9813 acre tract descibed in Volume 11152, Page 1792 of the Deed Records of Tarrant County, Texas, and further being part of a Temporary Access Easement described in Volume 12922, Page 192 Deed Records of Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod set in the east line of Enchanted Way (70' Right of Way), said iron rod also being in the south line of the aforementioned 18.9813 acre tract of land and the north line of that certain tract of land descibed in Volume 7669, Page 1896 Deed Records of Tarrant County, Texas; THENCE North 00 degrees 01 minutes 19 seconds West with the east line of said Enchanted Way, a distance of 5.65 feet to the POINT OF BEGINNING; THENCE North 00 degrees 01 minutes 19 seconds West continuing along the east line of said Enchanted Way, a distance of 71.42 feet to a point of curvature to the right; THENCE along said curve (non—tangent) to the right having a delta angle of 91'09'06", a radius of 50.00 feet and an arc length of 79.54 feet to the POINT OF BEGINNING and `" containing 739 squore feet of lond. �°� �I� '<<'•��,°t�a�.� After filing, please return to: "�;y,��y�j%�js' . .............. �szs y. Li nda Huff '1'�o�t88to4�40 City Secretary "'U �� City of Grapevine nr _ P. O. Box 95104 /�`7 Grapevine, TX 76099 G� �O�. Os� �� �;,.�, � •�.R��,�r�,ikYr� r��a ����`_!' `�� !.�� .. � .,�i�`d_�� �. � �' °�,',�s :;,,Y .�, s.�,, {�� +�`. �4 ..a'l+i y�"" �i LINDA HUFF -CITY SECRETARY ` CITY OF GRAPEVINE �-. � .+� ,;� �� # * �i�; POB 95104 +rr`"'��� GRAPEVINE TX 76099 Submitter: CITY OF GRAPEVINE/PUBLIC WORKS -001 ZGRAP SUZANNE HENDERSON TARRANT COUNTY CLERK TARRANT COUNTY COURTHOUSE 100 WEST WEATHERFORD FORT WORTH, TX 76196-0401 DO NOT DESTROY WARN/NG - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 08/23/2004 03:17 PM Instrument#: D204262672 OPR 5 PGS $20.00 By: ����II���'��II�II��III�I�I�II'I��III�II�I��IIII I��I��I�)I�'I Q204262672 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.