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HomeMy WebLinkAboutItem 04 - Creekwood Estates EasementMEMO TO FROM: MEETING DATE: SUBJECT RECOMMENDATION: ire. , -4-____ HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER/06111 OCTOBER 1, 2002 UTILITY EASEMENT ABANDONMENT — LOT 36, BLOCK 5, CREEKWOOD WEST PHASE III City Council consider adopting an ordinance abandoning the southern three feet of the existing ten foot utility easement located along the rear of Lot 36, Block 5, Creekwood West, Phase III, and take any necessary action. BACKGROUND INFORMATION: The owner of Lot 36, Block 5, Creekwood West, Phase III has requested that the southern three feet of the existing ten foot utility easement along the rear of the lot be abandoned. The property owner has a pool in their back yard and a portion of this pool encroaches into the utility easement. This abandonment will clear up the encroachment. Public Works and the franchise utilities are agreeable to this abandonment. Staff recommends approval. JLH/Ig PHONE - METRO (817) 429-9898 FAX - (817) 429-7676 Aft 1 James Ho DowJy LanJ Surveyors, Inc. 6850 MANHATTAN BLVD. #310 FORT WORTH, TEXAS 76120 Iare] ' Wei 4 0191 I 3050 CREEKVIEW DRIVE Reference# 88340 ROLAND RODRIGUEZ, RPLS Page 2 of 2 BEING a portion of Lot 36, Block 5 of CREEKWOOD WEST, an Addition to the City of Grapevine, Tarrant County, Texas, according to the Plat recorded in Volume 388-171, Page 48, Plat Records, Tarrant County, Texas, being more particularly described as follows: COMMENCING at an "X" found for the Northeast corner of said Lot 36; THENCE South 29 degrees 44 minutes 44 seconds West, along the easterly line of said Lot 36, 7.0 feet to the POINT OF BEGINNING; THENCE South 29 degrees 44 minutes 44 seconds West, continuing along said easterly line 3.0 feet, to a point in the south line of a 10' utility easement; THENCE North 61 degrees 39 minutes 15 seconds West, 70.65 feet, to a point in the west line of said Lot 36; THENCE North 29 degrees 44 minutes 44 seconds East, along said west line 3.0 feet to a point; THENCE South 61 degrees 39 minutes 15 seconds East, also being 3.0 feet from and parallel to the south line of said 10' utility easement, 70.65 feet two t1i�:-P�OIIT OF BEGINNING and contaim g 211.89 square feet. 09-05 to E,r;�r, fa+l�wfo�*h .L. q'� wX '•i �r ks�r �.K •�. E HIE, I -F !-1` 20' ALLEY F" X" FND. 1/2" I.R. F\D. S.61°39' 15"E. 70.65'— _ _ S.29'44'44W. 7.0' oaC t0' UTILITY ESWT. 388-171/48 p.O.B. S.61°39' 15"E. 70.65' 1 N.6 t°39' 15"W. 70.65' S.29.44'44"W. 3.0' N.29'44'44"W. 3.0'—/ 1 1 C I 1 ti C�2 ' 41 J LOT 36 e s°© CQ 0 [ o C C 1 1 C N.60' 15' 16"VY. 70.60' \-1/2" I.R. F\D. 3050 CREEKVIEW DRIVE 50' RIGHT-OF-WAY NORTH I PROPERTY DESCRIPTION: Lot 35, Block 5, Creekwood West, Phase Three, an Addition to the City SCALE: 1"=20' of Grapevine, Tarrant County, Texas, according to the plat recorded in Volume 388-171, Page 48, Plat Records, Tarrant County, Texas. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF AN 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 36, Block 5, Creekwood West Phase III, recorded in Volume 388-171, Page 48, Plat Records, Tarrant County, Texas, more specifically described in Exhibit "1" attached hereto and incorporated herein for all purposes, has requested the southern three feet of the existing ten foot utility easement along the rear of the lot, as hereinafter described be abandoned and vacated; and WHEREAS, the southern three feet of the existing ten foot utility easement 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 southern three feet of the existing ten foot utility easement located within the property described in Exhibit "'I", 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 southern three 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 southern three feet 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 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 1st day of October 2002. ATTEST: ORD. NO. 2 Participation in this inter -local agreement is allowed under the Inter -local Cooperation Act, Chapter 791, Texas Local Government Code. Under this act any entity participating through an inter -local agreement satisfies any bidding requirements required under State law. All fees are vendor based with no registration or administrative fees of any kind charged to the City. Staff believes that savings achieved through pricing efficiencies and reduced administrative costs would be beneficial to the City and recommends approval. M September 24, 2002 (9:47AM) RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, MAKING FINDINGS OF CERTAIN FACTS RELATIVE TO PARTICIPATION IN AN INTERLOCAL PURCHASING AGREEMENT WITH THE INNOVATION GROUP NATIONAL PURCHASING ALLIANCE AND AUTHORIZING THE CITY MANAGER OR HIS DESIGNATE TO EXECUTE SAID AGREEMENT AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Grapevine, Texas, pursuant to the authority granted by Article 791 et seq. of the Interlocal Cooperation Act, as amended, desires to participate in the purchasing program of the Innovation Group National Purchasing Alliance; and WHEREAS, the City of Grapevine, Texas, has elected to be a Cooperative Member in purchasing program of the Innovation Group National Purchasing Alliance; and WHEREAS, the City of Grapevine, Texas, is of the opinion that participation in the purchasing program of the Innovation Group National Purchasing Alliance will be highly beneficial to the taxpayers of the City of Grapevine through the efficiencies and potential savings to be realized; and WHEREAS, the City of Grapevine, Texas desires to participate and join with other local governments in a cooperative Interlocal agreement for the purpose of fulfilling and implementing their respective public and governmental purposes, needs, objectives, programs, functions and services. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the City of Grapevine does request that the Innovation Group National Purchasing Alliance include its stated needs for all categories, including but not limited to, office supplies, maintenance, custodial and automotive goods and services, on the Innovation Group's National Purchasing Alliance purchasing program and award contracts for those items, whereby the Cooperative Members may be allowed to purchase those items from the purchasing program of the Innovation Group National Purchasing Alliance contracts; and the purchasing program of the Innovation Group National Purchasing Alliance is authorized to sign and deliver all necessary requests and other documents in connection therewith for and on behalf of the Cooperative Members that have elected to participate. Section 2. That the City Council of the City of Grapevine, Texas does hereby authorize the City Manager or his designate to execute the Interlocal Participation Agreement which includes the adoption and approval of the Organizational Interlocal Agreement previously executed and adopted by two or more local governments. Section 3. That the execution of this Resolution shall evidence the election of the City of Grapevine, Texas to become a member of the Innovation Group National Purchasing Alliance upon the terms and conditions stated. The City of Grapevine, Texas has, and at the time of adoption of this resolution had, full power and lawful authority to adopt the foregoing resolution and to confer the obligations, powers, and authority to the persons named, who are hereby granted the power to exercise the same. Section 4. That this resolution shall become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 1st day of October, 2002. ATTEST: APPROVED AS TO FORM: RES. NO. 2 A ii A q j, 1pej neill Z! Fit 9 191 ZEN M 2 11 Zon This agreement made and entered into this _ day of 20 by and between the participating governmental entity in the INNOVATION GROUP NATIONAL PURCHASING ALLIANCE (hereinafter called "ALLIANCE") and the CITY OF GRAPEVINE, TEXAS (hereinafter called "GRAPEVINE") each acting by and through its duly authorized officials: WHEREAS, ALLIANCE is composed of government entities engaged in the purchase of goods and services, which is a recognized governmental function; and WHEREAS, ALLIANCE participants and GRAPEVINE wish to enter into an Interlocal Agreement pursuant to Chapter 791 of the Texas Government Code (hereinafter "Interlocal Cooperation Act") to set forth the terms and conditions upon which ALLIANCE participants and GRAPEVINE may purchase various goods and services commonly utilized by each entity; and WHEREAS, participation in a Cooperative Purchasing Program will be highly beneficial to the taxpayers of ALLIANCE participants and GRAPEVINE through the anticipated savings to be realized and is of mutual concern to the contracting parties; and WHEREAS, ALLIANCE participants and GRAPEVINE have current funds available to satisfy any fees owed pursuant to this Agreement. NOW, THEREFORE, in consideration of the foregoing and the mutual promises, covenants and obligations as set forth herein; ALLIANCE participants and GRAPEVINE agree as follows: 1. ALLIANCE participants and GRAPEVINE will cooperate to provide a program for the purchase of various goods and services commonly utilized by all participants, where available and applicable, ("Cooperative Purchasing Program") and under such program may purchase goods and services from vendors under present and future contracts. 2. ALLIANCE participants and GRAPEVINE will enter into individual contracts with vendors under the Cooperative Purchasing Program provided for under this Agreement. ALLIANCE participants and GRAPEVINE shall each be individually responsible for payments directly to the vendor and for the vendors compliance with all conditions of delivery and quality of purchased items under such individual contracts. ALLIANCE participants and GRAPEVINE shall each make their respective payments from current revenues available to the paying party. Alliance AGR 1 3. Notwithstanding anything herein to the contrary, participation in this Agreement may be terminated by any party upon thirty (30) days written notice to the other entities at the address set forth below the signatures hereto. 4. The undersigned officer and/or agents of the parties hereto are duly authorized officials and possess the requisite authority to execute this Agreement on behalf of the parties hereto. 5. This Agreement may be executed separately, each of which shall be deemed an original and all of which together shall constitute one and the same instrument. 6. Notwithstanding anything herein to the contrary, nothing in this Agreement is intended to create a joint enterprise between or among GRAPEVINE, the ALLIANCE or any participant in the ALLIANCE. The purpose of this Agreement is to gain the advantage of economies of scale and the reduction of advertising, administrative, and overhead expenses relating to the purchasing of goods and services by allowing any participant in the ALLIANCE to enter into individual contracts with participating vendors. The only parties to those contracts will be the respective individual ALLIANCE participant and the vendor. No other ALLIANCE participant has any right of control over that contract. No party to this Agreement and no participant in the ALLIANCE have the authority to enter into contracts or to assume any obligation for any other participant, nor to make warranties or representations on behalf of any other participant. EXECUTED hereto on the day and year first above written. CITY OF GRAPEVINE, TEXAS TITLE: P.O. Box 95104 GRAPEVINE, TX 76099 Alliance AGR 2