HomeMy WebLinkAboutItem 13 - Easement Abandonment l�°����� {f�: /
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MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER ��
MEETING DATE: MAY 20, 2008
SUBJECT: UTILITY EASEMENT ABANDONMENT — LINKSIDE AT
GRAPEVINE
RECOMMENDATION:
City Council consider adopting an ordinance abandoning a 10 foot wide Utility Easement
along the west boundary of Lots 8 through 13, Block 1, Linkside at Grapevine Addition,
and take any necessary action.
BACKGROUND:
The owners of Lot 8 through 13, Block 1, Linkside at Grapevine Addition have requested
the City to abandon and vacate this 10 foot utility easement along their west property
line to resolve encroachments of their patios into the easement.
Linkside at Grapevine is a R-TH development with limited rear yard depth. The subject
lots border Cowboys Golf Course and all utilities are located in the front of the lots.
Abandonment of the easement poses no negative impact to the City or the utilities.
The public utilities have all agreed to the request. Staff has reviewed the request and
has no objections.
Staff recommends approval.
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R:IAGENDA\05-20-08\Easement Abandonment-Linkside Memo..doc May 15, 2008 (9:48AM)
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ORDINANCE NO. � ��'�
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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 LINKSIDE ADDITION IN THE CITY OF
GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED AND
PROVIDING AN EFFECTIVE DATE
WHEREAS, the property owners of Lots 8 through 13, Block 1, Linkside At
Grapevine Addition, Grapevine, Tarrant County, Texas has requested that the 10 foot wide
utility easement located along the west boundary of subject lots, 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 the 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
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 City of Grapevine's rights in the 10 foot utility easement
located along the west boundary of Lots 8 through 13, Block 1, Linkside At Grapevine
Addition, recorded in Cabinet A, Slide 11527, PRTC 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 20th day of May, 2008.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
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ORD. NO. 2