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HomeMy WebLinkAboutItem 09 - 529 Dunn CourtSTEM # MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: AUGUST 6, 2001 SUBJECT: EASEMENT ABANDONMENT — 529 DUNN COURT RECOMMENDATION: City Council consider adopting an ordinance abandoning a 7-Y2 foot wide drainage and utility easement along the southwest side of Lot 8, Block 1, Lakeside Estates, 529 Dunn Court, and take any necessary action. BACKGROUND: The existing 7-'/2 foot wide easement is not currently used for public utilities nor drainage and the existing house encroaches approximately 1-'/2 feet into the easement. The property owner is proposing to add a screened -in porch at the rear of the property which extends along the west edge of the home and encroaches the easement by approximately 1-Y2 feet. The applicant has received approval from all of the franchised utilities in the area for this abandonment and, in exchange for this abandonment, has dedicated a new easement reflecting the 7-Y2 foot wide easement excluding the areas where the home encroaches over the existing easement line. Staff feels this request is reasonable and should be given favorable consideration. Staff recommends approval. JSL/dsm 0:\agenda\080601 \easementaband_529DunnCt. August 2, 2001 (11:46AM) 01 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A DRAINAGE AND 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 8, Block 1, Lakeside Estates, recorded in Volume 388-141, Page 8, Plat Records of Tarrant County, Texas, the property containing a drainage and utility easement of variable width, more specifically described in Exhibit "A", attached hereto and incorporated herein for all purposes, has requested the drainage and utility easement, as herein after described be abandoned and vacated; and WHEREAS, the drainage and 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 drainage and 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 drainage and 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 drainage and 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 drainage and 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 6th day of August, 2001. ATTEST: F����Mvjl ORD. NO. 2 PROPOSED DRAINAGE AND UTILITY EASEMENT ABANDONMENT Being a .028 acre of land in the Samuel Freeman Survey, Abstract No. 526 situated in the City of Grapevine, Tarrant County, Texas and being a portion of a platted drainage and utility easement situated in Lot 8, Block 1, Lakeside Estates an addition to the City of Grapevine as recorded in Volume 388-141, Page 8 of the Plat Records of Tarrant County, Texas and being more particularly described as follows: Beginning at a 1/2" iron rod found at the southeast corner of Lot 8, Block 1 of said Lakeside Estates; THENCE N 67° 03' 47" W along the south property line of said Lot 8, 160.80 feet to a point and being 10.86 feet S 67° 03'47" E of a 5/8" iron rod found; THENCE North 8.15 feet to a point on the existing drainage and utility easement line; THENCE S 670 03'47" E along said easement line 160.48 feet to the right-of-way line of Dunn Court and being the point -of -curvature of a curve concave to the east and having a radius of 50.00 feet; THENCE in a southerly direction along said right of way a distance of 8.29 feet, having a chord bearing of S 02° 01'50" E, and a chord length of 8.28 feet to the point of Beginning and containing 1205 square feet or .0278 acres of land. it LOT 8 5/8" IRF 1 BLOCK 1 y , 0 30 tf LOT 7 BLOCK 1 )D, SEE DETAIL'A' 1/2" IRF 1. N 67- 03'47" W, 160.80' 2. North 8.15' 3. S 67- 03'47" E, 160.48' SUN 4 s "OR 4. RADIUS = 50,00' 1,34 00,W ARC = 8.29' CHORD = 8.28' kjs 011� CHORD BEARING S 02* 01'50" E 0 OUSE Y 0.49' 011, 2.11' OF DETAIL'A' NOTE: DISTANCES MARK THE AMOUNT OF e%. cell NOT TO SCALE ENCROACHMENT INTO EASEMENT TOMMY 3668