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Home My WebLink AboutItem 18 - Western Oaks Estates MEMO TO: HONORABLE MAYOR AND MEMBERS GOF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER `p ' MEETING DATE: OCTOBER 3, 2017 SUBJECT: DRAINAGE AND UTILITY EASEMENT ABANDONMENT — WESTERN OAKS ESTATES RECOMMENDATION: City Council consider adopting an ordinance abandoning a five foot wide drainage and utility easement on Lot 19, Block A, Western Oaks Estates Section III, and take any necessary action. BACKGROUND: The property owner of Lot 19, Block A, Western Oaks Estates Section III located at 2625 Flameleaf Drive has requested the City to abandon a five foot wide drainage and utility easement from the dedicated 15' drainage and utility easement across the rear of his yard to relieve a conflict of their proposed swimming pool and the easement. A 10' drainage and utility easement will be retained across the rear of his yard. The applicant has obtained approval of this request from the five public utilities and the request poses no problems for City facilities. Staff recommends approval. ORDINANCE NO. 2017-067 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 19, BLOCK A, WESTERN OAKS ESTATES, SECTION III IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING EFFECTIVE DATE WHEREAS, the property owner of Lot 19, Block A, Western Oaks Estates Section III located at 2625 Flameleaf Drive, City of Grapevine, Tarrant County, Texas has requested that a 5 foot wide drainage and utility easement be abandoned and vacated; and WHEREAS, the easement is not needed for public use and will not be needed in the future for public 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; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the 5 foot wide drainage and utility easement recorded in Cabinet A, Slide 2232, Plat Records of Tarrant County, Texas, located on Lot 19, Block A,Western Oaks Estates Section III 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 are 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 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 3rd day of October, 2017. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney ORD NO. 2017-067 2 P EXHIBIT "A" ) TOM Registered Engineering Fl,,.,s F-5351 ad sawyYq Finn a 10091E00 Scan, I'° 20'1 Tech.I Field, AT JI701INIEJob GEA4 5' DRAINAGE AND UTILITY EASEMENT ABANDONMENT METES AND BOUNDS BEING A PORTION OF LOT 19, BLOCK A,WESTERN OAKS ESTATES,SECTION III,AN ADDITION TO THE CITY OF GRAPEVINE,TARRANT COUNTY,TEXAS,ACCORDING TO THE PLAT RECORDED IN CABINET A,SLIDE 2232,PLAT RECORDS OF TARRANT COUNTY, TEXAS,ALSO BEING A TRACT OF LAND CONVEYED TO DIXON BURKHART&KATHRYN BURKHART,RECORDED IN INST.NO.D208246391,PLAT RECORDS OF TARRANT COUNTY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT FOR THE NORTH CORNER OF THE HEREIN DESCRIBED TRACT OF LAND,SAID POINT BEING 15.00 FEET FROM THE WEST CORNER OF SAID LOT 19, BLOCK A; THENCE S 45°00'00" E,WITH THE NORTHEAST LINE OF THE HEREIN DESCRIBED TRACT OF LAND,A DISTANCE OF 85.33 FEET TO A POINT FOR THE EAST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND; THENCE S 39°01'38"W,WITH THE SOUTHEAST LINE OF THE HEREIN DESCRIBED TRACT OF LAND,A DISTANCE 5.03 FEET TO A POINT FOR THE SOUTH CORNER OF THE HEREIN DESCRIBED TRACT OF LAND,SAID POINT BEING 10.06 FEET FROM THE SOUTH CORNER OF SAID LOT 19, BLOCK A; THENCE N 45°00'00"W,WITH THE SOUTHWEST LINE OF THE HEREIN DESCRIBED TRACT OF LAND,A DISTANCE OF 85.85 FEET TO A POINT FOR THE WEST CORNER OF THE HEREIN DESCRIBED TRACT OF LAND,SAID POINT BEING 10.00 FEET FROM THE SAID WEST CORNER OF LOT 19,BLOCK A; THENCE N 45°00'00" E,WITH THE NORTHWEST LINE OF THE HEREIN DESCRIBED TRACT OF LAND,A DISTANCE OF 5.00 FEET TO THE POINT OF BEGINNING,AND CONTAINING 0.010 ACRES(428 SQUARE FEET)OF LAND,MORE OR LESS. +� OF r► tf.,.. ..,jF yl PAUL G. FULLER II •4 4843 e. , ,c " s gays\ 5' DRAINAGE AND UTILITY _ /h. �O•SUR.,P.-- EASEMENT ABANDONMENT ` 7/27/2017 PART OP 8{.=A, WESTERN OAKS ESTATES, SECTION III CABINET A, SLIDE 2232 I hereby certify that this plat is true and correct G. STAR 9URV TRACT NO.1455 AND THE to the best of my knowledge and belief as surveyed E.cox SURVEY, ABSTRACT NO.362 by me or under my direct supervision. This survey CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS was done without a title search and shows only FULLER ENGINEERING easements on the recorded subdivision plat and does not ay affectcthis lude pr opertey. ante of record which & LAND SURVEYING, INC. m2411 GARDEN PARK COURT, ARLINGTON, TX. 76013 - P1.1* (817)866-2442, FAX* (617)451-5676 e EXHIBIT j1 B° ) Texas R.pi.w ed Ermine/wing Flrrn•F-8331 ad Surveying Flims 10091800 1 Sealer I'. 20'I Field. AT II7071N EGEASI 5' DRAINAGE AND UTILITY EASEMENT ABANDONMENT LOT 18 MICHAEL PERKINS CABINET A, SLIDE 2232 P.R.T.C.T. N 45' 00' 00" E 5.00' 10.00' POINT OF —5.0' BEGINNING W Z II ` PORTION OF DIXON BURKHART 4 ^ KATHRYN BURKHART FSI ai Z INET. NO. D206244311 � D.R.T.C.T. 0 -N o `. LOT I i �' g ° o pg o BLOCK A W m = ? WESTERN OAKS ESTATES SECTION III X CABINET A, SLIDE 2232 G• Qc_ P.R.T.C.T. W �— L REMAINDER OF REMAINDER OF DIXON BURKHART DIXON BURKHART t Ln KATHRYN BURKHART KATHRYN BURKHART INST. NO. D206246391 INST. NO. /7209246391 D.R.T.C.T. �T D.R.T.C.T. Ln 1--I LO UJ l g 3° 0 '1 35'W 5.03' /11 LOT 20 ` N. DDANIELLEE SER v CABINET A, SLIDE 2232 P.R.T.C.T. .4AM. 4' OF T A.4:..4* '0 N a I 4 t PAUL G. FULLER II *4 4843 v• 1V 4�°fESSlte. /, 5' DRAINAGE AND UTILITY �:° SUR�> EASEMENT ABANDONMENT P �•%„ , _ 1 �� 07/27/17 PART OF BLOCK A, WESTERN OAKS ESTATES, SECTION III CABINET A, SLIDE 2752 I hereby certify that this plat Is true and correct GA STAR SURVEY AND TMA93E TRACT NO. 1466 to the best of my knowledge and belief as surveyed E.COX SURVEY, ABSTRACT NO.352 by me or under my direct supervision. This survey CITY GRAPEVINE, TARRANT COUNTY, TEXAS was done without a title search and shows only easements an the recorded subdivision plot and FULLER ENGINEERING does not include other easements of record which & LAND SURVEYING, INC.J may affect this property. 2411 GARDEN PARK COURT, ARLINGTON, TX. 74013 - P1-15 (917)966-2442, FAXS (817)461-3676