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HomeMy WebLinkAboutItem 12 - Enchanted WayMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER fes,/ MEETING DATE: AUGUST 17, 2004 SUBJECT: TEMPORARY ACCESS EASEMENT ABANDONMENT — ENCHANTED WAY RECOMMENDATION: City Council consider adopting an ordinance abandoning a 739 square foot segment of temporary access easement bordering Enchanted Way and take any necessary action. BACKGROUND INFORMATION: The owner of a tract of land bordering Enchanted Way has requested the abandonment of a 739 square foot segment of temporary access easement that extends beyond the right of way for Enchanted Way. The temporary access easement was originally dedicated to provide a turn around at the north end of the Enchanted Way terminus. Enchanted Way has since been extended to connect with the area roadway network. The turn around has been removed. The owners of the adjacent property are preparing to develop the tract. They have a preliminary plat on the P&Z and City Council agenda for August 17, 2004. The segment proposed for abandonment is no longer needed by the City. Abandonment will remove an encumbrance upon the adjacent property in coordination with their development plans. Staff recommends approval. JLH/saj \\CHDN\VOL1 \DATA\PWORKS\AGENDA\2004\08-17-04\Enchanted Way ABM.doc APPLICATION •• ABANDONMENTTHE OF Date: &4 UJB --2 '.2 Qo Location of right-of-way/easement to be abandoned: Address: ,�o-- / f3G/� l �S/Y1F 7n tires s ��of' �cn Legal Description: :1 5 5'fl a c reJ , Zg m f G — I't."tl -ty � /t Q� ��. r-ra v„'�" � J �.e. w �/ /•a �_ p J Property owner's Name: S M f` 1 � e. r e f 4f Address: &36,3 /ll� r`f ti h Gv� / 6 / r S�. ,`� J 7S Phone Number: �/ �� -_���— FO TO THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAPEVINE: The undersigned hereby makes application for the abandonment of that portion of the above right-of-way particularly described in Exhibit No.1, attached. In support of this application, the undersigned represents and warrants the following: 1. The undersigned will hold the City of Grapevine harmless, and indemnify it against all suits, costs, expenses and damages that may arise or grow out of such abandonment. 2. Attached, marked Exhibit No. 1, is one sealed metes and bound description of the area sought to be abandoned, prepared by a Licensed Public Surveyor. 3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of the public right-o€-wayleasement sought to be abandoned and the surrounding area to the nearest streets in all directions, showing the abutting lots and block, and the subdivision in which the above described right-of-way/easement is situated, together with the record owners of such tots. 4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment. 5. Attached, marked Exhibit No. 4, is the consent of the City of Grapevine staff to the abandonment. O:tFORMSIASANDON.doc (updated February 26, 2001) d W CZ�'r y U Z W WAY CL m "M Q31NVHDN3 c cn z w 111 MH 31VIS AN ORDINANCE OF THE CITY COUNCIL 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. 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 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 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 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 August, 2004. ATTEST: ORD. NO. 2 w� a ,T,WP. ACCESS EAMMENT t47LUW- 12912, PAGE 192 a 70/NT OF M-O1NNlNO® ------------- Scale.• 1 "-40' BASIS OF BEAR/NCS /S 1 -HE PLAT F/L£D /N CAB/NET A, .2/9E 2B5B, -Rro REMAINDER OF 18.9813 ACRE TRACT DFX'—NO?7H ,�E2, L TD. WUME 11152, PAGE 1792 DRTCT DELTA ANOtE = .9129 26" RAD/US = 50.00' LENOIH = 79.54' N 00t71'19" W 595' T OF COQ AIENC/NG SURREYOR.• -1AS7E1F-OO1N1-AN/LLA DALLAS, LLP 2105 CO1WiWZ-RCE STREET 'U/TE 900 DALLAS, TEXAS 75201 214 752-9098 OFN' NORTH L 117. kOMME 7669, PAGE 1896 DIi'TCT %V10 VfAkLEY RAY, FELTS -.a 4625 ,.:ea KOVI !q.Ti EXH/B1T ABANDONMENT OFA POT/ON DFA TEMPORARYACCESS EASEMENT 9Z NO 7.39 SQUARE FEET OF LAND LOCATED IN Th'E JAMES 019SON SURREY, ABSTRACT NO. 586 CITY OF ORAPERlNi, TARRANT COUNTY, TEXAS EXHIBIT B 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 square feet of fond. ............... STANLEY RAY, FELTS 4625 .,:4m