Loading...
HomeMy WebLinkAboutItem 08 - High Oaks Estates EasementITEM 0 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER All/ MEETING DATE: SEPTEMBER 17, 2002 SUBJECT: DRAINAGE AND UTILITY EASEMENT ABANDONMENT — LOT 8, BLOCK 1, HIGH OAKS ESTATES RECOMMENDATION: City Council consider adopting an ordinance abandoning a 25 foot drainage and utility access easement located within Lot 8, Block 1, High Oaks Estates, and take any necessary action. BACKGROUND INFORMATION: The owner of Lot 8, Block 1, High Oaks Estates is requesting that the 25 foot drainage and utility easement along the rear of the lot be abandoned. The abandonment is for the construction of a pool. In exchange for the abandonment, the owner is re -dedicating a variable width drainage and utility easement along the rear of the lot. The easement will be 25 foot in width for a distance of 53 feet from the southern property line. The easement will then reduce to a 15 foot width for the remaining lot width (111.68 feet). There is an existing sanitary sewer line at the southern edge of the property. The 25 foot easement width will accommodate this line. Public Works and the franchise utilities are amenable to this abandonment and re- dedication. Staff recommends approval. JLH/Ig 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 owner of Lot 8, Block 1, High Oak Estates, recorded in Cabinet A, Slide 5176, Plat Records of Tarrant County, Texas, the property containing a 25 foot drainage and utility easement, recorded in Volume 9038, Page 348, Deed Records, Tarrant County, Texas, more specifically described in Exhibit "1" attached hereto and incorporated herein for all purposes, has requested the 25 foot drainage and utility easement, as hereinafter described be abandoned and vacated; and WHEREAS, the 25 foot drainage and utility easement is not needed for public use and will not be needed in the future for public use; and WHEREAS, the property owner is re -dedicating a variable width drainage and utility µ easement. 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 25 foot drainage and utility easement located within the property described in Exhibit "1 ", 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 25 foot 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 25 foot 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 17th day of September, 2002. ATTEST: ORD. NO. 2 Drainage & Utility Easement Abandonment Being the easterly 25 feet of Lot 8, Block 1, Hi gh Oaks Estates, an addition to the City of Grapevine as shown on the map recorded in Cabinet A, Slide 5176, Plat Records, Tarrant County, Texas and also being all of the 25 foot wide drainage and utility easement within said Lot 8 shown on the map of high Oaks Estates, recorded in Cabinet A, Slide 4144, said plat records. The easterly 25 teet of said Lot 8 is more particularly described as follows: Beginning at the northeast corner of said Lot 8; Thence S 00 degrees 24 minutes 17 seconds E with the easterly line of said Lot 8, 179.06 feet to the southeast corner of said Lot 8; Thence S 88 degrees 58 minutes 02 seconds W with the southerly line of said Lot 8, at 5.00 feet pass a 5/8" iron with cap found and continue with the southerly line of said Lot 8 for a total distance of 25.00 feet to the westerly line of said 25 foot drainage and utility easement; Thence N 00 degrees 24 minutes 17 seconds W with the westerly line of said 25 foot drainage and utility easement, 154.91 feet to the northerly Iine of said Lot 8; Thence N 45 degrees 15 minutes 51 seconds E with the northerly line of said Lot 8, at 29.95 feet pass a 5/8" iron with cap found and continue on with the northerly line of said Lot 8 for a total distance of 34.95 feet to the point of beginning and containing 0.096 of an acre or 4,175 square feet. Surveyed on the ground on July 12, 2002. Steve Miller R. P. L. S. 4224 ---- �- -- ---' -- �— - - AT 29.95' PASS ���Yj 518' IRON W/CAP FOUND Qn I BFci,�, N 45 ° 15' S 1" E ti -'a0 34. 95' 25. 00' AREA OF EASEMENT TO BE ABANDONED: 0.096 OF AN ACRE 4,175 SQUARE FEET SKETCH SHOWING AN ABANDONMENT OF A DRAINAGE 8 UTILITY EASEMENT 4101 PARKWAY DRIVE SURVEYED ON THE GROUND ON JULY 12, 2002. GRAPEVINE, TEXAS LOT 8, BLOCK 1 HIGH OAKS ESTATES ----- PLAT RECORDED IN CABINET A, SLIDE 5176 STEVE MILLER - PLAT RECORDS, TARRANT COUNTY, TEXAS R. P. L. S. 4224 OF T �P.•'�ST�QS x...``.�. ........ MILLER SURVEYING, INC. g,GVE MILLER 430 MID -CITIES BOULEVARD, HURST, TEXAS 78054 ........w............ �... �'q�0 4224 .A_ __..._. _... PHONE: METRO (617) OTT -1052 FAX: 2llETR0'SIT) 571-0972 PLOT FILEt AQAY LOT 37 iD O LOT 9 W ui w W r J - 0- , 0 d / u7 i- _ = J N Y cv aLLJ Uj F- - wMODCr Z Z CO M d LOT 8 0 0 0 BLOCK 1 o N -v D 70 D / _ p LOT 36 f LOT 7 ; I m ( AT 5.00' PASS S880 558' 02" W 518' IRON W/CAP FOUND 25. 00' AREA OF EASEMENT TO BE ABANDONED: 0.096 OF AN ACRE 4,175 SQUARE FEET SKETCH SHOWING AN ABANDONMENT OF A DRAINAGE 8 UTILITY EASEMENT 4101 PARKWAY DRIVE SURVEYED ON THE GROUND ON JULY 12, 2002. GRAPEVINE, TEXAS LOT 8, BLOCK 1 HIGH OAKS ESTATES ----- PLAT RECORDED IN CABINET A, SLIDE 5176 STEVE MILLER - PLAT RECORDS, TARRANT COUNTY, TEXAS R. P. L. S. 4224 OF T �P.•'�ST�QS x...``.�. ........ MILLER SURVEYING, INC. g,GVE MILLER 430 MID -CITIES BOULEVARD, HURST, TEXAS 78054 ........w............ �... �'q�0 4224 .A_ __..._. _... PHONE: METRO (617) OTT -1052 FAX: 2llETR0'SIT) 571-0972 PLOT FILEt AQAY U Na MOa`d3W _ o, co f 80 XIVMAl Jvd i v 01 V)w U Y 0 F— Z W w 2 i— �— Z cnmco0 co Y Q F -- 0—Z C=�OwO = w w Q w