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HomeMy WebLinkAboutItem 09 - Western Oaks EstatesITEM 0 q�_ MEMO TO: HONORABLE MAYOR AND MEMBERS OF E CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER MEETING DATE: OCTOBER 16, 2001 SUBJECT: DRAINAGE, ACCESS, AND UTILITY EASEMENT ABANDONMENT —WESTERN OAKS ESTATES, SECTION II, LOTS 13, 15, AND 40, BLOCK 3 RECOMMENDATION: City Council consider adopting an ordinance abandoning a 17.5 -foot wide drainage, access, and utility easement located along the rear lot lines of Lots 13, 15, and 40, Block 3, Western Oaks Estates, Section Il, and take any necessary action. BACKGROUND INFORMATION: The owners of Lots 13, 15, and 40, Block 3, Western Oaks Estates, Section II, have requested that the 17.5 -foot drainage, access, and utility easement be abandoned for the construction of swimming pools. A 10 -foot wide drainage, access, and utility easement is being dedicated back to the City under separate instrument by the owners. The 10 -foot wide easement rededication is sufficient for the use of public utilities and existing drainage facilities along the rear of the properties. The franchised utility companies and the City are in agreement with this abandonment and re -dedication. Staff recommends approval. JLH/saj \\CHDN\DATA3\DATA\PWORKS\AGENDA\10-16-01\WestOaksLot13,15,40 ABM.doc (a ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A SEVENTEEN AND ONE-HALF FOOT (175) DRAINAGE, UTILITY AND ACCESS 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 Lots 13, 15, and 40, Block 3, Western Oaks Estates, Section 11, recorded in Cabinet A, Slide 866, Plat Records of Tarrant County, Texas, the property containing a seventeen and one-half foot (17.5') drainage, utility and access easement, more specifically described in Exhibit "A" attached hereto and incorporated herein for all purposes, has requested the drainage, utility and access easement, as herein after described be abandoned and vacated; and WHEREAS, the drainage, utility and 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 drainage, utility and 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 drainage, utility and 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 drainage, utility and 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 drainage, utility and 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 drainage, utility and 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 16th day of October, 2001. ATTEST: ORD. NO. 2 0 PHONE - METRO (817) 129-9898 FtY (817) 429-7676 3361 SPRUCE LANE J cry, IIlr1' to of H. D o J y d 6850 AIANHATT,-1 NBLVD. #310 FORT WORTH. TEXAS 76120 EXHIBIT NO. I PROPERTY DESCRIPTION ROb1ND RODRIGUEZ, RPLS EUGENE D. ABBEY. RPLS BEING a portion of a 17.5 feet wide Drainage, Utility and Access Easement and a portion of Lot 13, Block 3, Western Oaks Estates, Section II, an addition to the City of Grapevine, Tarrant County, Texas, both according to the plat recorded in Cabinet A, Slide 866, Plat Records, Tarrant County, Texas, said portion being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found at the southeasterly corner of said Lot 13; THENCE North 68°39'24" West, along the southerly line of Lot 13, a distance of 17.56 feet to a point in the westerly line of said 17.5 feet Drainage, Utility and Access Easement; THENCE North 16°47'01" East, along the west line of said easement, a distance of 80.91 feet to a point in the northerly line of said Lot 13; THENCE South 68°39'24" East, along said north line, a distance of 17.56 feet to a 1/2" iron rod found at the northeast corner of said Lot 13; THENCE South 16047'01" West, a distance of 80.94 feet to the POINT OF BEGINNING and containing 1,416 square feet of land. Eugede D. Abbey March 19, 2001 R.P.L.S. Into. 4886 1/2" I.R. FND. 30' BUILDING LINE Lo m SCALE 1" = 20' co 12 co cc A/866 z 3361 SPRUCE LANE L=81.29' R-375.00, 5' UTIL. ESM'T A/866 BRICK & FRAME RESIDENCE LOT 13 m om X co aW co > z r1l CD 0 r� P.O.B. '1111- I,' 16-47'01 8191, 7,2 UTILITY & ACCESSA/866 17 5' DRAINAGE, ED Ln. 11416 So. FT TO �3E AE3ANDON- Ll- 7 --- 7-7 / / / / /- /. , / 3 17 l-1/2" LR FND. 16 A/866 EXHIBIT NO. 2 AN EXHIBIT SHOWING DRAINAGE, UTILITY & ACCESS EASEMENT TO BE VACATED flu — o aut-, EUGEiE D ABBEY, R P.L.S. No 4886 6850 MANHATTAN BLVD. SUITE 310 FORT WORTH, TEXAS 76120 (817) 429-9898 1/2" I.R. FND. 14 A/866 'R -TND. rrl O...F .. lll�' S T EUGENE D. ABBEY ...... . ..... 4886 0 '7'." SU PHONE - METRO (817) 429-9893 FAX (317) 429-7676 0 3340 PECAN HOLLOW James H. D ©wJ7 Land Sui°vice V oars, � nl c. 6850 NtANHAT` AN BLVD. #810 FORT WORTH, TEXAS 76120 EXHIBIT NO. 3 PROPERTY DESCRIPTION ROLAND RODRIGUEZ, RPLS EUGENE D. ABBEY, RPLS BEING a 17.5 feet wide Drainage, Utility and Access Easement and a portion of Lot 15, Block 3, Western Oaks Estates, Section II, an addition to the City of Grapevine, Tarrant County, Texas, both according to the plat recorded in Cabinet A, Slide 866, Plat Records, Tarrant County, Texas, said portion being more particularly described by metes and bounds as follows: BEGINNING at a'/2" iron rod found at the northwest corner of said Lot 15; THENCE South 8I°11'02" East, aloe; the north line of said Lot 15, a distance of 17.67 feet to a point at the intersection of the north line of said Lot 5 and the east line of said Drainage, Utility & Access easement, tj THENCE South 16°47'01" West, along the easterly line of said easement, a distance of 83.19 feet to a point in the south line of said Lot 15; THENCE North 83002'03" West, along the south Iine of said Lot 15, a distance of 17.76 feet to a 1/2" iron rod found at the southwest corner of said Lot 15, THENCE North 16°47'01" East, along the west line of said Lot 15, a distance of 83.77 feet to the POINT OF BEGINNING and containing 1,461 square feet of land. 9 Eu,en D. Abbey August 22, 2001 R.P.L.S. No. 4886 LLo'w o c xl\, 0 - , 57„ '1 " F '3'3 6- 57 SMT. "6r 21—.7 4 L-57.21 — ,— SCALE. 20' co rn 30' BUILDING LINE 16 A/866 LOT 15 15' BUILDING LINE . co .2 S 16047'01 " W 83.19' — — — — — — — — — 17 5* DRAINAGE, UTILITY & ACCESS ESM'T. A/866 1,461 SO. FT. TO BE ABANDONED T -2 P.O.B. z Z.- 7 z z / ;;—z / x 14 /166 --a-------A-- -------- EXHIBIT NO. � AN EXHIBIT SHOWING DRAINAGE, UTILITY & ACCESS EASEMENT TO BE VACATED OF S T Ar ...... ........ ............ . .. EUGENE D. ABBEY 4 8 8 6 EUGd-E D. ABBEY, R.P.L.S. NL 4886 <' OP , I 4z- 6850 MANHATTAN BLVD. SUITE 310 SU R'j FORT WORTH, TEXAS 76120 (81.7) 429-9896 cc PHONE - METRO (817) 429-9898 FAX - (317) 429-7676 011 3345 SPRUCE LANE James H. D®wally 6850 MANHATTAN BLVD. #310 FORT NORTH, TEXAS 76120 EXHIBIT NO. PROPERTY DESCRIPTION ROLAND RODRIGUEZ, RPLS EUGENE D. ABBEY, RPLS BEING a 17.5 feet wide Drainaje, Utility and Access Easement and a portion of Lot 40, Block 3, Western Oaks Estates, Section II, an addition to the City of Grapevine, Tarrant County, Texas, both according to the plat recorded in Cabinet A, Slide 866, Plat Records, Tarrant County, Texas, said portion being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod found at the southeast corner of said Lot 40,- THENCE 0; THENCE North 87°37'27" West, along the south line of said Lot 40, a distance of 18.00 feet to a point in the west line of said 17.5 feet wide Drainage, Utility and Access Easement; THENCE North 151152'51" West, along the west line of said easement, a distance of 1.33 feet to an angle point in said west line, THENCE North 02045'49" West, continuing along the west line of said easement, a distance of 90.59 feet to a point in the north line of said Lot 40; THENCE North 81027'05" East, along, the north line of said Lot 40, a distance of 17.59 feet to a'/2" iron rod found at the northeast corner of said Lot 40,- THENCE 0; THENCE South 02°45'49" East, along the east line of said Lot 40, a distance of 95.24 feet to the POINT OF BEGINNING and containing 1,638 square feet of land. Euge e D. Abbey August 22, 2001 R.P.L.S. No. 4886 3345 SPRUCE LANE L=71.50' R=375,00 5' UTIL ESM -T. A/866 — — — — — — — — — — — — — — — — — 00 30' BUILDING LINE SCALE. 1" = 20' 39 A/866 Cu CID r- iCZ) 36 A/866 . CPQ I � N 02045'49_W 90_59' - - - - - 175 DRAINAGE. UTILITY & ACCESS ESM'T. A/866 6) –2 - \�1,638 SO. FT. TO BE ABANDONEDI 6— P.O.B. 35 34 A/866 A/866 — — — — — — — — — — — — — — — — — — — — — — — — — — — EXHIBIT NO. 6 AN EXHIBIT SHOWING DRAINAGE, UTILITY & ACCESS EASEMENT TO BE VACATED // r�l S T J-, - EUGEbE D. ABBEY, R.P.L.S, No. 4886 6850 MANHATTAN BLVD, SUITE 310 FORT WORTH, TEXAS 76120 (817) 429-9898 41 A/866 v : - --- ----- -------------- -- EUGENE D. ABBEY ......... . ............. . . ................ 4886 su RJB SURVEYED ON THE GROU�Z AUGUST 22, 2001