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HomeMy WebLinkAboutItem 15 - Western Oaks Estates Section IIIITEM • /S 0 � MEMO TO: HONORABLE MAYOR AND MEMBERS OF rTHE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER F)iZ. MEETING DATE: JUNE 17, 2003 SUBJECT: UTILITY EASEMENT ABANDONMENT — LOT 37, BLOCK A, WESTERN OAKS ESTATES, SECTION III RECOMMENDATION: City Council consider adopting an ordinance abandoning 2.5 feet of a ten foot utility easement located across the rear of Lot 37, Block A, Western Oaks Estates, Section III, and take any necessary action. BACKGROUND INFORMATION: The owner of Lot 37, Block A, Western Oaks Estates, Section III has requested that 2.5 feet of a ten foot utility easement be abandoned. The owner has requested the abandonment for the placement of a swimming pool in the back yard. The remaining 7.5 foot of the existing utility easement will remain in force. Staff recommends approval. JLH/Ing 0 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A 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 owner of Lot 37, Block A, Western Oaks Estates, Section III, recorded in Cabinet A, Slide 2232, Plat Records of Tarrant County, Texas, has requested 2.5 feet of the ten foot utility easement, more specifically described in Exhibits "1" and "2" attached hereto and incorporated herein for all purposes, be abandoned and vacated; and WHEREAS, the eastern 2.5 foot of the existing ten foot utility easement, described in Exhibits "1" and "2" attached hereto and incorporated herein for all purposes, is not needed for public use and will not be needed in the future for public use. 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 eastern 2.5 foot of the existing ten foot utility easement located within the property described in Exhibits "1" and "2", 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 eastern 2.5 feet of the existing ten foot 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 eastern 2.5 foot of the existing ten foot 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 drainage and 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 JUNE, 2003. t--;• -0 ATTEST: "., j- j- a-61 I amx,'m to I•- ORD. NO. 2 EXHIBIT NO. 1 wu.,t LEGAL DESCRIPTION Being a portion of an existing 10 foot wide utility easement located across a portion of Lot 37, Block A, «'ESTERN OAKS ESTATES, SECTION III, an Addition to the City of Grapevine, Tarrant County, Texas, according to the plat thereof recorded in Cabinet A, Slide 2232, Plat Records, Tarrant County, Texas, said portion being more particularly described by metes and bounds as follows: Beginning at a point in the north line of said Lot 37, Block A, WESTERN OAKS ESTATES, SECTION I1I, said point lying South 84 degrees 22 minutes 42 seconds East, 7.52 feet from the northwest corner of said Lot 37, Block A; THENCE South 84 degrees 22 minutes 42 seconds East along the north line of said Lot 37, Block A a distance of 2.51 feet to a point at the intersection of the north line of said Lot 37, Block A with the east line of an existing 10 foot wide utility easement; THENCE South 01 degree 00 minutes 18 seconds West along the east line of said 10 foot wide utility easement a distance of 83.40 feet to a point at its intersection with the north line of an existing 5' wide T.U. Electric easement; THENCE South 76 degrees 04 minutes 09 seconds West along the north line of said existing 5' wide T.U. Electric easement a distance of 2.59 feet to a point; THENCE North 01 degree 00 minutes 18 seconds East along a line 7.50 feet east of and parallel to the west line of said Lot 37, Block A a distance of 84.27 feet to the Place of Beginning and containing 209 square feet of land. E, .0.F rF *yc���9 a4 GLENN W. MILLER .9.. 4223 �:Q . 9� S U ��ol,�y0 EXHIBIT NO. 2 o� as x 0 LOT 36 EXISTING 10' UTILITY EASEMENT 5 84'22'42" E - 7.52 S 84'22'42 E - 2.51 � I LOT 22R IPORTION OFUWrfEASEMENT W z - TO BE ABANDONED Z O �o U LOT 37, M w BLOCK A a v Z w 1`0 z ' U Q w I o nN w w 0 0 m 0 0 1 Q Z N EX1 TSS E�E�SR10 0 zo I 2.50' EASE! 1� (� LOT 21 F I 7.50' w S 76'04'09' W - 2.59 LOT 38 NORTH SCALE : I" = 30' JUNE 09, 2003 EXHIBIT SHOWING: PORTION OF AN EXISITING 10 FOOT WIDE UTILITY EASEMENT TO BE ABANDONED ACROSS A PORTION OF LOT 37, BLOCK A, WESTERN OAKS ESTATES - SECTION III, AN ADDITION TO THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A. SUDE 2232, PLAT RECORDS, TARRANT COUNTY, TEXAS. of rF� 4rQ o.>Q GLENN W. MILLER ........................ 0 4223 �q�°ms's s �a`.'•yOQ, °sUFt`IE GEODATA SURVEYING, INC. P.O. BOX 13556 ARUNGTON, TEXAS LAND 9URVEI.ING 76094-0556 PHONE 817-261-2878 TOPOGRAPHIC MAPPING