HomeMy WebLinkAboutItem 16 - Easement AbandonmentMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: OCTOBER 2, 2018
SUBJECT: PARTIAL UTILITY EASEMENT ABANDONMENT — 914 VINTERS
COURT
RECOMMENDATION: City Council consider adopting an ordinance abandoning a portion of an
utility easement on Lot 3A, Block A, Kelley Addition, and authorize staff to
take any necessary action.
FUNDING SOURCE:
BACKGROUND: The property owner at 914 Vinters Court is requesting the City of
Grapevine abandon 2.5' of a 7.5' utility easement located along the back
property line. The utility easement was dedicated in the original Kelley
Addition plat. Franchise utilities have all signed off on the abandonment
request. There are no City utilities in said easement.
Staff recommends approval.
ORDINANCE NO. 2018-077
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING A
PARTIAL UTILITY EASEMENT ON LOT 3A, BLOCK A,
KELLEY ADDITION IN THE CITY OF GRAPEVINE, TEXAS
AS HEREINAFTER DESCRIBED; DECLARING AN
EMERGENCY AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the owners of Lot 3A, Block A, Kelley Addition located at 914 Vinters
Court, City of Grapevine, Tarrant County, Texas has requested that a portion of a utility
easement of said lot, as herein after described, 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, 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 is 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 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 163 square foot utility easement located on Lot 3A, Block A,
Kelly Addition 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. 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 2nd day of October, 2018.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2018-077 2
PARTIAL ABANDONMENT
OF UTILITY EASEMENT
EXHIBIT "B "
(PAGE 2 OF 2)
LEGAL DESCRIPTION
TRACT 1
BEING a 0.004 acre tract of land in the A.F. Leonard Survey, Abstract No. 946 being a portion of Lot 3A,
Block A, Kelley Addition, an addition to the City of Grapevine, Tarrant County, Texas as recorded in
Clerk's File No. D217176989 Plat records of Tarrant County, Texas and being more particulalry described
as follows:
COMMENCING a 112" iron rod found with a cap at the southeast corner of said Lot 3A;
THENCE S 89°19'08" W along the south line of said 3A a distance of 6.06 feet to the Point of Beginning;
THENCE S 89°19'08" W along said south line a distance of 2.50 feet to a point;
THENCE N 00°10'52" W leaving said south line a distance of 65.00 feet to a paint in the north Iine of said Lot ;
THENCE N 89019'08" E along said north line a distance of 2.50 feet;
THENCE S 00'010'52" E a distance of 65.00 feet to the Point of Beginning and containing in all 163 square feet
or 0.004 acres of land.
SURVEYORS CERTIFICATE
The plat shown hereon is a representation of the property as determined by an actual on the
ground survey: the lines and dimensions of said property being indicated by the plat. The
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undersigned has no knowledge of or has been advised of any known or apparent intrusions, conflicts,
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easements, or protrusions except as shown.
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The word certify as used in various forms herein is understood to be an expression of
Professional opinion by the surveyor based on his best knowledge, information, and belief.
TOMMY 0. BURKS
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Tommi Q. Burks
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Registered Professional Land Surveyor No. 5509
Burks Land Surveying
Firm No. 10069700