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HomeMy WebLinkAboutItem 27 - Utility Easement Beard AdditionMEMOTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MAY 7, 2019 SUBJECT: APPROVAL OF UTILITY EASEMENT ABANDONMENT FOR 3541 NORTH GRAVEL CIRCLE RECOMMENDATION: City Council consider adopting an ordinance abandoning a utility easement on Lot 3, Block 1, Beard Addition. FUNDING SOURCE: BACKGROUND: The owner of the property located at 3541 North Gravel Circle has requested the City abandon a 10 -foot utility easement. The utility easement was originally dedicated by the Beard Addition plat. With franchise improvements of the Beard Addition on N. Gravel Circle, this portion of the easement is not needed. Franchise utility companies have signed off on this request. Staff recommends approval. ORDINANCE NO. 2019-019 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A UTILITY EASEMENT ON LOT 3, BLOCK 1, BEARD ADDITION IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED WHEREAS, the property owner for Lot 3, Block 1, Beard Addition located at 3541 North Gravel Circle, City of Grapevine, Tarrant County, Texas has requested that a utility easement of said lot, as herein after described, be abandoned and vacated; and WHEREAS, the easement is not needed for public use, will not be needed in the future for public use and has been signed off by franchise utility companies; and WHEREAS, abandoning and vacating the said easement will relieve the City of Grapevine and franchise utility companies, 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 Chapter 211 of the Local Government Code; 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 1,216 square foot utility easement located on Lot 3, Block 1, Beard Addition described in Exhibit "A" and Exhibit "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 easement 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 and franchise utility companies 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 7th day of May, 2019. APPROVED: Darlene Freed Mayor Pro Tem ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2019-019 2 FIELD NOTE DESCRIPTION: BEING a portion of Lot 3 in Block 1 of Beard Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded under Cabinet A, Slide 13009, Plat Records of Tarrant County, Texas, (P.R.T.C.T.), said portion being more particularly described by metes and bounds as follows: COMMENCING at a 1/2 inch iron rod found for the northeast corner of said Lot 3, same being the northwest corner of Lot 3 in Block 1 of Lake Park, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded under Cabinet A, Slide 3688, (P.R.T.C.T.), said point also being in the south line of North Gravel Circle, having a 50 foot Right of Way; THENCE South 00 degrees 24 minutes 58 seconds West, with the east line of said Lot 3 (A/13009), a distance of 10.00 feet to a point for THE POINT OF BEGINNING, same being the northeast corner of the herein described tract; THENCE South 00 degrees 24 minutes 58 seconds West, with the east line of said Lot 3 (A/13009), a distance of 121.60 feet to a point for corner, from which a M2 inch iron rod found for the southeast corner of said Lot 3 (A/13009) bears South 00 degrees 24 minutes 58 seconds West a distance of 10.00 feet; THENCE North 89 degrees 45 minutes 56 seconds West, over and across said Lot 3 (A/13009), a distance of 10.00 feet to a point for corner, THENCE North 00 degrees 244 minutes 58 seconds East, over and across said Lot 3, a distance of 121.58 feet to a point for corner; THENCE South 89 degrees 53 minutes 31 seconds East, over and across said Lot 3 (A/13009), a distance of 10.00 feet to THE POINT OF BEGINNING and containing 0.028 acres of land, more or less. 106,14 ON II: M 10' UTIIIITY EASEMENT ABANDONMENT 0.028 Acres out of Lot 3 in Block 1 of the Beard Addition City of Grapevine, Tarrant County, Texas — 2018 — ARTHUR � LAND SURVEYING 220 Elm St, # 200 - Eewisv> IX75W LI.972.221.9439 - TFRN# L0063800 W&MSWV9YiM--C-0M FzbblisW 1986 (50'ROW) S89053'31'E P.Q.C. NORTH GRAVEL 10.00' CIRCLE i R. F NORTH 'iD� unt. ESMT SCALE: I"= ,fly (A/13009) 500 2458"W Bearings shown hereon based on Beard Addition, 10.00' an addition to the City of Cvapevine, Tarrant I County, Texas, according to the plat recorded f under Cabinet A, Slide 13009, P.R.T.C.T. NOTES: ; P.O.B. • I.R.F. =1/2" hon Rod Found 30' BLDG. LINE I • I.R.S. = 1/2" Iron Rod Set with (A/i3009) yellow cap stamped "ARTHUR I SURVEYING COMPANY" 40' BLDG LINE • P.O.C. - Point of Commencing 1 • P.O.B. - Point ofBeginning Portion of Lot 3 (A/3688) Blo& 1, Beard Additi —�--• Cab. A, Slide 13 P.R.T.C.T. ro 0.028 Acres •.4 li3' i 00 W z n I Lot 3; Block 1 C N T o ( Lake Park ON Cab. A, Slide 3688 am + P.R.T.C.T. to ' j R j aeOFTF yc �, N89045'56"W e �.= ... 1000' F.H. W€3TPHALL II 5832 L- Jj 10' U17L ESMT. Power x S0024.. . W (A/13009) 'Pole 80.00' _ « 10' UAL. ESM% (A111003) F.I.R. Block i — B&G Properties Additim OXMIT B Cab. A, Slide illi i g , a 0 10' UAL ESMT. (A/3688) - -QHW 10' UTILITY EASEMENT Lot 2 (F w Lot 3 ABANDONMENT �I 0.028 Acres out of Lot 3 in ARTHUR Block 1 of the Beard Addition � LAND SURVEYING City of Grapevine, Tarrant County, Texas 220 nm sc, # 200 - Lewb : TX 75057 Ph 972.221.9439 - TFRM 100638M —2018— an1m surmyirggcom Established 1986