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Home My WebLink AboutORD 2012-035 � j‘, ORDINANCE NO. 2012-35 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF BANYAN DRIVE RIGHT OF WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of 315 North Main Street, also known as Lot 1, Block 1, Cook's Subdivision of the City of Grapevine, Tarrant County, Texas has requested that a 25 foot wide strip of Banyan Drive Right of Way, as herein after described, be abandoned and vacated; and WHEREAS, the right of way is not needed for public use and will not be needed in the future for public use; and WHEREAS, abandoning and vacating the said right of way 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 public street right of way described in Exhibits "A" and "B", 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 right of way 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 right of way 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 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 21st day of August, 2012. APPROVED: William D. Tate Mayor ATTEST: Jo 7 . Brown City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney State of Texas County of Tarrant Before me, Anne Baker, Notary Public on this day personally appeared William D. Tate, Jodi C. Brown, and John F. Boyle, Jr. known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 21st day of August, 2012. No a Signature 4 . My Commission Expires: 01/14/2016 ANNE BAKER Notary Public . ♦ ,; State of Texas ORD. NO. 2012-35 2 Pig Comm.Expires 01-14.2016 -___. EXHIBIT TO o40. aoia -3S Page __L of i Page 1 of 2 EXHIBIT'A' FIELD NOTES A portion of Banyan Drive embraced within BANYAN PLACE, an Addition to the City of Grapevine, Tarrant County, Texas, according to the Plat recorded in Volume 388-180, Page 83, Plat Records,Tarrant County, Texas and a Sign Easement embraced within BANYAN PLACE, an Addition to the City of Grapevine, Tarrant County, Texas, according to the Plat recorded in Volume 388-192, Page 78, Plat Records, Tarrant County,Texas and being more particularly described by metes and bounds as follows: BEGINNING at a 5/8" iron found at the Southwest corner of said Sign Easement and the Southeast corner of Lot 29, Block 1, BANYAN PLACE, an Addition to the City of Grapevine, Tarrant County, Texas, according to the Plat recorded in Volume 388-217, Page 16, Plat Records, Tarrant County, Texas, said iron being a reentrant corner of Banyan Drive (R.O.W.varies); THENCE N 01° 32' 12" E, along the West line of said Banyan Drive and said Sign Easement, a distance of 25.26 feet to a Y2" iron found at the Northwest corner of said Sign Easement and the Southwest corner of Lot 1, Block 1, COOK'S SUBDIVISION, an Addition to the City of Grapevine, Tarrant County, Texas, according to the Plat recorded in Volume 388-H, Page 345, Plat Records,Tarrant County,Texas, said iron being a reentrant corner in the North line of said Banyan Drive; THENCE S 89° 52' 00" E, along the North line of said Banyan Drive and said Sign Easement, a distance of 135.59 feet to the intersection of the North line of said Banyan Drive and the West line of North Main Street(R.O.W.varies)from which a %2" iron found bears S 89°52'00" E, 15.00 feet; THENCE S 01° 10' 33" W, along the East line of said Sign Easement, 25.07 feet to a Y2" iron with Fulton Surveying cap set at the Southeast corner of said Sign Easement; THENCE N 89° 56' 45" W, along the South line of said Sign Easement, 135.75 feet to the POINT OF BEGINNING and containing 3414 S.F. of land. Susan L.Stewart, R.P.L.S. Registration No. 5495 July 25, 2012 EXHIBIT, 8 TO ola. A°12. *35 , Page , L , of .—L---- _ _ :4:-:* Z• • 0. . g" .-,.,Ln A ...-.. •,. 0;,,,'''' J.,.. r."• . 0:0, ,• Fr " !..' 't 731,- 0 t/)• ”Y: f '-' -- ‘t• t gt. A.. r co a: LA w I gtg 54 m r-- 0 0 X N 01°32'12"E 25.26' (ACTUAL) . IND (0 — N 0731'11E g 25.24' (PLAT) b - • • $ to co CO -- Z o --3 , c• co _- 'CO'`I .:■ =r1 '' f; 6 1 1 Z 0, r r 2 ; c2 cn n CO 0 r- I ,..,4 0 . * " G rn 9 'D u, 83 z C E; , ,..„ ,,, `,-;', s°, -c`,' g,, 1,4 ,,, - . 5, gi _ - , 0 C.n —.- .,' C cn C. ,••■ ,....., <.___ > ,-,; O ,... Fri O -'- a > a S"-- g -0 0 — ■ 0 ,.•- •-' -0 ,,,D- i a ° 0 V) M t • • ,7, vt, 0 0 03013. 3. 1 5 9. . a --- - 30 = 63 S 01°10'33"W g " m .._1 25.07' (ACTUAL) • S 01°15'21"W s' 25.06' (PLAT) ' `'‹ '''' 2 0 m g 0 c,, 0 ••• D CD i • CA 3 :2, OD D < --I 00 CD NORTH MAIN STREET A cr) (ID n- (ROW VARIES) 97 A __ 0 5 3, 6%.A CD —t CD ,D "a !D tt X •:.`C iii ,,,,, I D V c,),, co _I MARY LOUISE GARCIA .:• COUNTY 0-- is 100 West Weatherford Fort Worth, TX 76196-0401 •{''• •`' PHONE (817) 884-1195 CITY OF GRAPEVINE 200 S MAIN GRAPEVINE, TX 76051 Submitter; CITY OF GRAPEVINE/PUBLIC WORKS DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD, Filed For Registration: 9/26/2012 3:02 PM Instrument#: D212237501 OPR 5 PGS $28.00 3y. D212237501 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. 'repared by: CAMADDOCK