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HomeMy WebLinkAboutItem 07 - Timberline DriveMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: ITEM R 1 M000000000 - HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL BRUNO RUMBELOW, ACTING CITY MANAGER IR SEPTEMBER 6, 2005 STREET RIGHT OF WAY ABANDONMENT — TIMBERLINE DRIVE City Council consider adopting an ordinance abandoning 417 square feet of street right- of-way on the north side of Timberline Drive east of Windy Knoll, authorize the City Manager to execute a Quit Claim Deed to the abutting property owner and take any necessary action. BACKGROUND: The original plat of the Vineyards Addition abutting the north side of Timberline Drive dedicated street right-of-way consistent with a wider pavement section than is currently planned and in place. The property owner has requested the City abandon a portion of the right-of-way to enable him to expand his fenced in rear yard. Staff has reviewed the request and have no objections to the request. The property owner has obtained approvals from all franchised utilities. In exchange for the abandonment, the property owner is dedicating a Visibility Easement in the southwest corner of the lot to protect visibility at the intersection of Windy Knoll and Timberline Drive. Staff recommends approval. \\CHDN\DATA3\CITYWIDE\AGENDA\09-06-05\ROW Abandonment - Timberline Drive.doc August 30, 2005 (10:44AM) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A SEGMENT OF TIMBERLINE DRIVE 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 Lot 8, Block 1, The Vineyard Addition to the City of Grapevine, Tarrant County, Texas has requested that a portion of the right of way of Timberline Drive bordering subject lot, as herein after described be abandoned and vacated; and WHEREAS, the right of way is not needed for public use and will not be needed in the future for public use; and WHEREAS, abandoning and vacating the said right of way 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 public street right of way located adjacent to the subject 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 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 right of way 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 right of way 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 6th day of September, 2005. ATTEST: ORD. NO. 2 g a� 0 m a- R aW Z °z j g Not] �o 0 0 aWo�s a z U) a min L y, iA. O r SC W yQ = ay CMZ o~E BB c� oro O ci Z 3 ,4 rzr,,��_'8 - Z C V Q UVc Z ®>W .- J m5 m 1- 1-� F-0 �U om