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HomeMy WebLinkAboutItem 14 - Creekwood West Phase 3 ���� � � MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL �2 FROM: BRUNO RUMBELOW, CITY MANAGER I�,� MEETING DATE: AUGUST 19, 2008 SUBJECT: UTILITY EASEMENT ABANDONMENT — CREEKWOOD WEST PHASE THREE RECOMMENDATION: City Council consider adopting an ordinance abandoning a four foot wide portion of a 10 foot wide Utility Easement along the northern property line of Lot 37, Block 5, Creekwood West Phase Three Addition, and take any necessary action. BACKGROUND: The owner of Lot 37, Block 5, Creekwood West Phase Three Addition has requested the City to abandon and vacate this four foot wide portion of a 10 foot wide utility easement along their northern property line to build a pool and resolve encroachments in the easement. Creekwood West Phase Three is a R-7.5 development with alley access behind the rear yard. The water and sewer utilities are located in Creekwood Drive. Abandonment of the easement poses no negative impact to City facilities. The Public Utilities have all agreed to the request. Staff has reviewed the request and has no objections. Staff recommends approval. � R:�,4GENDA\08-19-OS1Easement Abandonment-Creekwood Memo..doc August 13, 2��8 (4:12PM) EXHIBIT ►,A" ABANDONEMEh`T OF A 4' PORTIOti OF A 10' UTILITI' ESMT. RECORDED IN VOL. 388-171, PG. 48 323 SQ. FT. OR 0.01 ACRE Being a 0.01 acre tract of land situated in the G.B. Knight Survey, Abstract No. 898, in die Cit� of Grapevine, Tarrant County_ Te�:as, and being a por[ion of Lot 37, Block 5, of Creek�tood West Phase Three, an addition to the Cit} of Grapevine, Tarrant County, Tezas,accordin�to the plat thereof recorded in Volume 388-171_ Page 48, of the Plat Records of Tarrant Count�, Texas, a.nd being a 4 foot portion of a 10 foot utilitv easement dedicated by said Creekwood West Phase Three, and being more particularly described as follo��-s: COMMENING at a 1/2 inch iron rod fuund for conier; said point bein�the southeast corner of said Lot 37, same being the southwest corner of Lot 38, Block �, of said Creekwood West Phase Three, same being in the northeasteriv right-of-«�ay line of Creekvie��Drive(a 50' right-of-wa��); THENCE North 20 deg. �8 min. 29 sec. East_ along the common line of said Lot 37, and L,ot 38, a distance of 10�.00 fzet to a point for the POINT OF BEGI:�,'NING, said point being the beginning of a curve to the right having a radius of�3U.00 feet, and a delta angle of 08 deg. 46 min. 34 sec.: THENCE through the interior of said Lot 37, and along said cun%e to the right, a.n arc distance of 81.18 feet, and a chord bearing and distance of North 65 deg. O1 min. 3� sec. West; 81.10 feet to a point for corner, said point being in the �z-est line of said Lot 37, same being in the east line of Lot 36, Block 5, of said Creek«-ood West Phase Three; THENCE North 29 deg. 44 min. 44 sec. East; along the common line of said Lots 37; and Lot 36, a distance of 4.00 feet to a point for comer; said point being the beginning of a cune to the left having a radius of 526.00 feet, and a delta angle of 08 deg. 46 miu. 34 sec.; THENCE thraugl�the interior of sa�d Lot 37, and alonQ said curve to the leit; an a,c distance of 80.�7 fe��. and 1 chord bearing and distauce ci Sauth 6� Ueg. Ol nun, i6 scc.. East. 80.49 feet to � point for corn:.r; said ;;oint being ir �i�e east li�;� of said Lot 37, same bein� �n t13e «est liue of said Lot 3S: THENCE S��uth 20 deg. �8 min. 29 sec. West, alona the common line of said Lot 37, and said Lot 38, a distance of 4.00 feet to the POIl�T OF BEGIi�'NII`G and containing 3Z3 square feet or 0.01 acre of coniputed land. ����,-, Hu�fl E. Peiser R.P.L.S. I�TO. 3688 P-2 731 EXLega1 ,,�P�E o F TF�- � G�Q;`G�5 T f R�o cS� ... . .. .�....i�..... HUGH E. PEI�ER ............................ •.4 36&8 '.5CF E S 5 i O�P:� •' Q` `9 � S UR`Ey0 EXHIBIT "B" ABANDONEMENT OF A 4' PORTION OF A 10' UTILITY ESMT. RECORDED IN VOL. 388-171, PG. 48 323 SQ. FT. OR 0.01 ACRE ��,� 0=a8'46'34" R=520.00' L=79.65' ce=ses•o2'o2°E 0=08'46'34" �� co�c�E� co=�e.s�• R=526.OQ' � w�r N29'44'44'E� L=80.57� s.oa• � '�2• �R` CB=S65'01'46"E N29'44'44"E CD=80.49' 4.00' LOT 30 BLOCK S 1/2' IRF S20'S8'29"w 6.00' 0o D=08'46'34" S20'S8'29"W R=530.00' 4.00' ,�o� ia'unurr Esnrr. �\ \ .�, L=81.18' �a. �ee-i�,. P�. +a �\\ � a C8=N65'01'35' W P.0.8. � � � \ �,°� CD=81.10� io' unun EsMr. � ``� � va. aaa—rn. Pc. aa LOT 37, BLOCK 5 CREEKWOOD WEST o � PHASE THREE o�= VOL. 388-171 �, Q LOT 38 o=oa•as'3� PG. 48 °'m`� BLOCK 5 I/2' IRF fROM NHICH h(7 A I/2' tRf 8EAR5 R=635.Oa� \ p Q 30� BUII,pINC L1NE 589"48'08'E 0.95' L=9�.ZS� _� �VO�. 388-171, PG. 48 � C8=N64'S7'47"W C0=97.16' � ¢"'°'�`. CRF��� � ` � S /�,I' I/2'IRF Ri�yr � °F,��R�VF P.o.c. � , � , \, _ _ _ �P��.�F.rF-� .�.�,,5 TE��9s ....:..................:. � HUGFi E. PEISER � � 363f3 : � . (�;^FESS��.a��P �S UR:��� '`� NOTES: 1. IRF — Iron Rod Found 2. 8osis of 6earing — Based on the east line (North 20 deg. 58 min. 10 sec. East), Lot 3�, Blcck 5, of Creekwood West Phase Three, an addition to the City ` � y �t' � of C�apevine, Tarront County, Texas, accarding to the plat thereof recorded in Volume 388-171, Page 48, of the Plat Records of Tarront Cou�ty, Texas. HUG E. PEISER � Fegl�tsed Profu��md�a�e s,...,yo,r�o. 3eaa � JOe N� PEISER, SURVEvING C0. ! P-2731Ex www.peisersurveying.com OATE: � � 05/15/2008 r<.a� p 623 E. DALLAS ROAD P���;;,a,�,oi S SCALE: GRAPEVINE, TEXAS 76051 Surwyora /� CO '� ° �0' a»-4��-�soe (o) DRAWN 8Y: 817-481-1809 (F) C06(MERCLIL • RESIDENT[AL � BQ[JNDARIES • TOPOGRAPHY �%:A� 1lambar 9tnu� f?'n, ►dQRT(;ACF _. . � � _��,���8�.�,��,��k.�.,ffi�.��,.., . ...,���,.�ff�„�����,��.� ..: ,. .�,�����F,��.�,,u .,.� o�� � �� ORDINANCE NO. �� V� � �� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING THE PUBLIC'S RIGHTS IN A CERTAIN UTILITY EASEMENT LOCATED IN THE CREEKWOOD WEST PHASE THREE ADDITION TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 37, Block 5, Creekwood West Phase Three Addition, Grapevine, Tarrant County, Texas has requested that a 4 foot wide segment of a 10 foot wide utility easement located along the northern boundary of the subject lot, as herein after described be abandoned and vacated; and WHEREAS, the easement is not needed for City use and will not be needed in the future for City use; and WHEREAS, abandoning and vacating said 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 GRAPEVWE, 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 City of Grapevine's rights in the 4 foot portion of a 10 foot utility easement located along the northern boundary(southern portion of utility easement) of Lot 37, Block 5, Creekwood West Phase Three Addition, recorded in Volume 388-171, page 48, PRTC, depicted in Exhibit "A" attached hereto and incorporated herein for all purposes, is hereby abandoned and vacated for City use and the same is hereby abandoned and vacated insofar as all City right, title, interest in and to said 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. That the fact that the 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 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 19th day of August, 2008. APPROVED: ATTEST: APPROVED AS TO FORM: ..���, ORD. NQ, 2