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HomeMy WebLinkAboutItem 20 - North Starnes StreetMEMOTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MAY 21, 2019 SUBJECT: APPROVAL OF RIGHT OF WAY ABANDONMENT AT 231 NORTH STARNES STREET RECOMMENDATION: City Council consider adopting an ordinance abandoning North Starnes Street right-of-way and authorizing the City Manager to execute a Quit Claim Deed to the abutting property owner, and take any necessary action. FUNDING SOURCE: BACKGROUND: The owner of Lot F, JJ Hall Addition (platted in 1947) has requested the City to abandon and vacate a 680 square foot parcel of Starnes Street right-of-way. This parcel of land is a portion of a platted cul-de-sac in Starnes Street that was never built. Starnes Street north of J.J. Hall Addition, was platted, dedicated, and constructed, eliminating the need for the cul-de-sac. The franchise utility companies have no facilities in the area to be abandoned, and have all signed off on the request. Staff has reviewed the request and has no objections. Staff recommends approval. ORDINANCE NO. 2019-022 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A RIGHT OF WAY ON LOT F, J.J. HALL'S REVISION OF LOTS 11 TO 22, INCLUSIVE STARNES ADDITION IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot F, J.J. Hall's revision of Lots 11 to 22, Inclusive Starnes Addition located at 231 North Starnes Street, City of Grapevine, Tarrant County, Texas has requested that a right of way of said lot, as herein after described, be abandoned and vacated; and WHEREAS, the right of way 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 right of way will relieve the City of Grapevine and utility franchise 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 680 square foot right of way located on Lot F, J.J. Hall's Revision of Lots 11 to 22, Inclusive Starnes 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 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 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 21st day of May, 2019. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2019-022 2 0 = EXHIBIT NO. 1 RIGHT-OF-WAY ABANDONMENT STARNES STREET GRAPEVINE, TEXAS 680 SQ. FT. OR 0.016 ACRE BEING all that certion 0.016 acre tract of land situated in the A. F. Leonard Survey, Abstract No. 946, Tarrant County, Texas, and being a portion of Starnes Street per plat recorded in Volume 1997, Page 448, some being a portion of that certain tract of land conveyed to Janet Rodriguez, by deed recorded under Instrument Number D218050702, Official Public Records, Tarrant County, Texas, and being that certain tract of land conveyed to N. B. Greer, by deed recorded in Volume 4744, Page 447, Deed Records, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod set with 'POSER & MANKIN SURV" red plastic cap for the northeast corner of said Rodriguez tract, some being the southeast corner of that certain tract of land to The Housing Authority of The City of Grapevine, Texas, by deed recorded in Volume 4569, Page 491, said Official Public Records, some being in the projection of the west right—of—way line of said Starnes Street; THENCE South 00 deg. 00 min. 00 sec. East, along the common line of said Ridruguez tract, and through the interior of Starnes Street (a 50 foot right—of—way), a distance of 39.79 feet to a point for the south corner of the herein described tract, some being the most easterly northeast corner of Lot F, J.J. Hall's Revision of Lots 11 to 22, Inclusive Starnes Addition, an addition to the City of Grapevine, Tarrant County Texas, according to the plat thereof recorded in Volume 1997, Page 448, Plat Records, Tarrant County, Texas, same being the beginning of a non—tangent curve to the right, having a radius of 50.00 feet and a central angle of 55 deg. 58 min. 08 sec; THENCE along the common line of said Lot F and said Starnes Street, and through the interior of said Rodriguez tract, along said non—tangent curve to the right, an arc distance of 48.84 feet and a chord bearing and distance of North 32 deg. 00 min. 56 sec. West, 46.92 feet to a point for the northwest corner of the herein described tract, same being the most northerly northeast corner of said Lot F, some being the most southerly southeast corner of Lot G, said J.J. Hall's Revision of Lots 11 to 22, Inclusive Starnes Addition; THENCE North 90 deg. 00 min. 00 sec. East, through the interior of said Starnes Street and along the north line of said Rodriguez tract, a distance of 24.88 feet to the POINT OF BEGINNING and containing 680 square feet or 0.016 acre of computed land, more or less. NOTES 1. Basis of Bearing — Based on the East line (South 00 deg. 00 min. 00 sec. East) of Lot F, J.J. Hall's Revision, Vol. 1997, Pg. 448, Deed Rocords, Tarrant County Records. 2. This is an above—ground survey. The underground utilities, if shown, are based on information provided by the various utility companies and these locations should be considered approximate. There may be additional underground utilities not shown on this drawing. JOB NO.: 19-0202 PEISER & MANKIN DATE: 3/26/2019 SURVEYING LLC REVISION 4/2/2019 www.peisersurveving.com Texas TO SCALE FMM N0. 100996-00 society of Professional 11 623 E. DALLAS ROAD surveyors GRAPEVINE, TEXAS 76051 DRAWN: J.B.W. 817-481-1806 (0) 817-481-1809 (F) Member since 1977 The undersigned, Registered Professional Land Surveyor, hereby certifies that this legal description accurately sets out the metes and bounds of the easement tract described. &IE VF TZ .............. ...... ..... TIMOTHY R. MANKIN ........................... 9 8122 J TIMOTHY R. MAIC Registered Professional Land Surveyor No. 6122 Ks COMMERCIAL • RESIDENTIAL BOUNDARIES TOPOGRAPHY MORTGAGE EXHIBIT NO. 2 RIGHT-OF-WAY ABANDONMENT STARNES STREET GRAPEVINE, TEXAS 680 SQ. FT. OR 0.016 ACRE O 'X' CUT FND. 00 BEARS 4 N16'10'E 1.4' (0 3 O O 0 O O O z X CUT FND. O O O w 0 O 0 0 O O In The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of ement tract describ � 0 F TIMOTHY R. MANKIN .....A... -- . 122 11-.: � �i�'• FESS\•.•.nQ`N/ TIMOTHY R. MAIMN Registered Professional Land Surveyor No. 6122 JOB NO.: DATE: REVISION DRAWN 19-0202 3/26/2019 4/2/2019 J.B.W. LOT G w J.J. HALL'S REVISION / OF LOTS 11 TO 22, ORIGINAL RIGHT—OF—WAY LINE OF STARNES STREET INCLUSIVE STARNES VOL 1997, PG. 448 ADDITION TO THE LEGEND CITY OF GRAPEVINE � VOL. 1997, PG. 448 — Instrument Number N90'00'00"E 200.00' LOT F J.J. HALL'S REVISION OF LOTS 11 TO 22, INCLUSIVE STARNES ADDITION VOL. 1997, PG. 448 JANET RODRIGUEZ INST. NO. D218050702 200. 0; RIGHT-OF-WAY ABANDONMENT 680 SQ. FT. OR 0.016 AC. LOT E J.J. HALL'S REVISION OF LOTS 11 TO 22, INCLUSIVE STARNES ADDITION VOL. 1997, PG. 448 GRAPHIC SCALE 0 20 40 ( IN FEET ) 1 inch = 40 ft. PEISER & MANKIN SURVEYING. LLC HOUSING AUTHOF OF THE CITY OF RAPEVINE, TEXAS )L 4569, PG. 49 O.P. T.C.T. L2 /2" IRS'N. B. GEER j 4744 PG.447 O.P.R..C.TC.T. D www.peisersurveying.com Texas FIRM NO. 100999-00 Society of Professional 1604 HART STREET Surveyors SOUTHLAKE, TEXAS 76092 817-481-1806 (0) 817-481-1809 (F) Member Since 1977 X COMMERCIAL • RESIDENTIAL BOUNDARIES TOPOGRAPHY MORTGAGE w / OVERHEAD SERVICE LINE 3 0 GAS LINE o LEGEND o � INST. NO. — Instrument Number VOL. — Volume MAG NAIL FND. C POB _ I oc (AT BASE OF (South 00 . . Lot F, J.J. FENCE CORNER) Z U) O Q " O w M w w Q o m 00 P w 1/2' IRF 00 N MONUMENT Q .� www.peisersurveying.com Texas FIRM NO. 100999-00 Society of Professional 1604 HART STREET Surveyors SOUTHLAKE, TEXAS 76092 817-481-1806 (0) 817-481-1809 (F) Member Since 1977 X COMMERCIAL • RESIDENTIAL BOUNDARIES TOPOGRAPHY MORTGAGE LINETYPE TABLE OHU OVERHEAD SERVICE LINE GAS GAS LINE LEGEND IRF — Iron Rod Found INST. NO. — Instrument Number VOL. — Volume PG. — Page POB — Point of Beginning Basis of Bearing — Based on the East line (South 00 deg. 00 min. 00 sec. East) of Lot F, J.J. Hall's Revision, Vol. 1997, Pg. 448, Deed Rocords, Tarrant County Records. www.peisersurveying.com Texas FIRM NO. 100999-00 Society of Professional 1604 HART STREET Surveyors SOUTHLAKE, TEXAS 76092 817-481-1806 (0) 817-481-1809 (F) Member Since 1977 X COMMERCIAL • RESIDENTIAL BOUNDARIES TOPOGRAPHY MORTGAGE