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Home My WebLink AboutORD 2017-067 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 LWHEREAS, 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: GRAP ` 1/..4 ,(!‘ Tara Brooks ,�`\ / ,'co City Secretary * APPROVED AS TO FORM: -N(`A John F. Boyle, Jr. City Attorney ORD NO. 2017-067 2 r EXHIBIT "A" ) r..o srswr li,"rorins Pim•P-eel.r r..rn"rr.,,•WORM) 1 ado I•.20'' .ib Ns. 5' DRAINAGE AND UTILITY EASEMENT ABANDONMENT EXHIBIT T000D2. 11- o Page l of I 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 UNE 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 UNE 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. 1 PAUL 0. PULL N ► ' 4$43 ; ,,��••" • '-,• 5' DRAINAGE ABANDONMENT S R it v w P t Data, 7/27/2017 PART Cr/LOCK 2, 'rerrel�el ara=TM Ana NI 1 hereby certify that this plat is trod aid correct O. ST re eus:varb.T No.ods to tF1e beet of my ialolui.dOe and belief as surveyed art'Or GRAPRVPIL TAIIRMIT=WIZ TWOS by me or under my direct supervision. This survey was done without a tRie search and shows only FULLER ENGINEERING easements an the recorded subdivision plat aid does not Mc1idiother ""Melt'"Mt' of record "`h' I. LAND SURVEYING, INC. `may affect this property. 2411 GOMM PARK COURT, ARLINGTONPF , TX. 7501! - M (247)821.-24 42, PA=(en)45I-567fp EXHIBIT 'B" 7) T.r.R&tide srrrrarlti Finn s P-tlSI and sr/vgro Frans xx>woo 1 Neal& I'. 90'I Ted" SN Jb N& FM& AT 5' DRAINAGE AND UTILITY EASEMENT ABANDONMENT EXHIBIT B TOO a J7:f%7 Page ( of 1 LOT 18 1 MICHAEL PERKINS GAMEY A, SUDS 9282 P.R.T.C.T. N45° 00' 00' E 5.00' w.co' POINT OF BEGINNING W 1Z PORTION OF DO CN BURKHART• n • Z THRYN BURICHART IINNST ND OPO D.R.T.C.T. . I5 g to LOT I q Ax BLOCK A 1rI = V YlNT10r/°AKN!?TATER W arneN ul I� WNW A, Nuns 902 r, L 8 P.R.T.C.T. F+•) /— F REMAINDER OF 1 REMAINDER OF gum OURI0Vi1iART• DIXON OURKKART KATI*YN BURKHART TNRTN OURgMRT4 MST.NO. 02082,113.1 MST. NO. 020824401411 D.R.T.C.T. D.R.T.C.T. W U 10 ' oi' 36° 5.031 5 3°I LOT 20 v,N- CA p. EACTI2922 •• PAUL G. FULLER 8 f ,•,�4fl1!• ,! ~41143 w 4 5' DRAINAGE AND UTILITY sulk ,- EASEMENT ABANDONMENT �+1 N. i 1 �► Day, 07/27/17 PART or Kam AnxarrwTwlsuo s ATER.=MR IO I hereby certify that this plot Is true and correct 6A STAR eat'eaeb THE ANeTRACT ND.Nils to the best of my Ia101ulsdae aid belief as surveyed CITY CrGOW RAMMt,wow,T COUNTY,AINITIVCT NO. TOW by me or under my direct supervision. This survey was done t." °,�,ed vision la only FULLER ENGINEERING oaeorhondoes not Include other easements of record Which & LAND SURVEYING, INC. . `may affect this property. 2411 GARDEN PARK COURT, ARLINGTON, Tx. 7606 - Plat (847)056-2442, FAX* (6I7)45I-0676 MARY LOUISE GARCIA .-«... .•�c��c�'tu�?'��. ' � '�,': COUNTY CLERK t� ; �: •s � �� 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 WARN/NG - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 10/4/2017 2:02 PM Instrument#: D217231416 OPR 5 PGS $28.00 � By: �x`�c�+4�.�., D217231416 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.