HomeMy WebLinkAboutItem 15 - Utility and Landscape Easement AbandonmentMEMOTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER %�
MEETING DATE: OCTOBER 1, 2019
SUBJECT: ABANDON A 10-FOOT WIDE UTILITY AND LANDSCAPE EASEMENT
AT 2900 GENESIS WAY
RECOMMENDATION: City Council consider adopting an ordinance abandoning a 10-foot wide
utility and landscape easement located on Lot 1, Block 1, Trade Group
Addition, and take any necessary action.
FUNDING SOURCE:
BACKGROUND: The property owner located at 2900 Genesis Way has requested the City
to abandon a 10 -foot wide utility and landscape easement that was never
occupied. The utility and landscape easement was originally dedicated in
March 2005.
Staff recommends approval.
I
LOT 3, BLOCK 1
FELLOWSHIP OF LAS COLINAS ADDITION
(CAB. A, SLIDE 9759)
FELL O WSHIP WAY
(65' PUBLIC RIGHT—OF—WAY) / PART OF FELLOWSHIP CHURCH INC.
/ (FORMERLY KNOWN AS
PART OF �I I / FELLOWSHIP OF LAS COLINAS) ZONE 'AE'
MA (ON & 038,SHARRON. SPENCER I O Im / (VOL. 94091, PG. 1680) (SEE NOTE 2)
(VOL. 71038, PG. 1190) VOL. 11578. PG. 1111
IJ I / / / 20' DRAINAGE EASEMENT
0
IOU -�/ / (CAB. A SUDE 9]59) -
ELL
_ _ _ - rye. I / / 730.20- � 4
t012s0' 118.5}r
N 00'ST40' W TRACT A N 8928'16' E 641.09'
POINT OF �C ��,� II,�V / SANITARY SEWER EASEMENT N 00''26GENESI rr ` 63.00'. '(VOL. 12168, PG. 20]3) 2ND IP, LP 2663'BEGINNING . aT w (INST. NO. D218103968)
(426'17°j E° Mt70}S5t996 / 1/ C, 3'Roe O' PUBLIC RIGHT-OF-WAY) CONCRETE FOUND) I � •'` DUE NORTHJIRI
N 15V4'38' W�y I
WAR FOUND MARSHALL" 2C' DRAINAGE EASEMENT 28.64' lam)oa _ -
26.27': (GRID COORDINATES)
CAP FOUND / RF f'OL. 1i000, PG. 149) 64D 9t' 4 i (GRID COORDINATES) _ � m N 6926'16� E 664.09' L- •� - -. - - -- - - - - - - - -
-_•1777' _ - _ - ■ S 0031'4a' E L2 N 1916'31- WV
— �. �4}.50' -- 30' BUILDING SETBACK (BY THIS PLAT)— �� _— _—_—_—_—_.-37.63'—
�' 8°16' E % N 892816" E 440.11' N_' BUILDING SETBACK N 44" �}( — — — — — — — — -
I `Y 7e El � — — — — — '- N 89'28'OS' E 1,28511 �BV iNIS PLAT) — — $• r - — — N 89i8'16' E 286.51— — — _ — J I� — — I
L_ _ — _ — — — �g S 45}5.47" E
„ I 5-INCH IRON / /�N 44'2B'1 -10 UTILITY EASEMENT �Y. yi
I ROD FIXING (C.M.) ( / 6218' (INST NO, D196109228) S 8928i6' W 1]4.50' 34.55'
mI I I (TO BE ABANDONED BY N 0919'22" M \/ L4
SEPARATE WSTRUMEN'T) {5.99't j L5
15' WATER EASEMENT Ir�t
N _XI
II 1 AIL• I I I ``. \ (BY THIS PLAT) N 2229µ 57 _j I
00�N 5'47' W' IS' SANITARY { 4gg8'24�41.41E '� I I T
�1s.00' I I I SEWER EASEMENT BLOCK 1 LOT 1,
p('�I (BY THIS PLAT)
I I N 8974'13' E I 00
48,14' I 2ND P. LP
O II 15' WATER EASEMENT I 17.194 ACRES \'' (INST. N0. D218003632) �P��� `�'I2515, Tta' Ea I�
!2 I (BY THIS PLAT) (748,960 S� I i
I LO1 I �I
I I ( PROPOSED FINISH FLOOR I I PQQOE \aOIJ.¢f,�,ol m�m
ELEVATION=536.40' 15' SANITARY SEWER EASEMENT \h 5� 1 11 I I -I I F
> I O LOT I, I CK 7 (INST. NO. D20D242925) PART OF EXHIBIT 'A" J#` L f v
q I MINIMUM FINISH FLOOR DECLARATION OF COVENANT FEL
3 I I- SMF INTERES i ADDITION I (TO BE ABANDONED BY AND DEED RESTRICnONs f 00
ELEVATION=526.00' SEPARATE INSTRUMENT) \ 6 ^�
) (VOL. 12482, PG. 1245) 0 y 9 I .I mI o (INST. N0. E J509556i � 11 1
iI Q o 1 x % 2ND IF LP 40 2ND IP, LP
F (INST. N0. D. 7252411) �T
"I _ (INST. NO. 0218003632) I ZONE "X� ?" y�j� 15' WATER EASEMENT
= i i �I (SEE NOTE 2) \ (BY HS PLAT) I o o
W
n IIIz 7I I. I f�yy \\ w� IN WI Ia
I� m ( AREA TAB
`` 31 I I. I I a TOTAL PLATTED AREA 17.194 ACRES p� \ o, I Im
NET PLATTED AREA 13.474 ACRES I
O o
T I I Y To' unuTY A RIGHT—OF—WAY 0.000 ACRE o6 f
MI I I LANDSCAPE EASEMENT DEDICATION ( I 6-I'°9 d ®•o? E
`I1 O ' I I' (INST. No. D196109228) DRAINAGE EASEMENT 3.720 ACRE N µh N 73�753 ZONE *AE* -
g (TO BE ABANDONED BY DEDICATION yyi°d 52 SEE NOTE 2 8 L9 y
x SEPARATE INSTRUMENT) f \\ ( ) \ I L j
Q Z N 4823'O6" E F10
33.00j// \ L III'
W 1 I I (NST 'ABA
1 2 BENT i' 15 SANITARY SEWER EASEEIA.T 15' SANITARY SE R EASEMENT
\\li / / -12111 `N 1618'3Y E 05 / — — — — — 1 — — N 89Z8'16" E 358.86_ N µZa115 U6'(� I CIS 00'31'44 i E I
Z _
�/ 42.04'
TO BE ABANDOI ] BY ) S 44-24*13" W I
SEPARATE INS TR ENT) (TO BE ABANDONED BY
I '. /
I SEPARATE INSTRUMENT) ■ \ I , \ 102.53' 4 S89'28'I6' W 3� I,t-----S 8928'16' W 260.6a-/�27.49'
i 15' WATER EASEWNT I S 4438'16' W
N 89'28'16' E 419.21' (BY 7NI8 PUT) 1 y \J4 \� 7777•�' % /6 102,09' DRAINAGE EASEMENT-,
N 89'2816" E I S` BT i. '27'a6" W y/.h011 + Q I I ? $ (BY THIS ACRES)
785.07' (3.720 ACRES)
-Jc— —J ------ -Ve
I —I---- — --- s
_ S 8928'I6 W 349.97 _ _ N 892BY 6" E t 285.00 —_ /-. __ �1�� .( ` 2 yI- yI- 5 89'21'23' W 556.07 — — 15' BUILDING BETBACK_ — -
-� -5 89'24'H' W i]8 8]=— — _- 111
S B9.2s16- W 409 05' 15' BUILDING SETBACK (B- THIS PLAT) - �1� ; - �c — — — — i" — — — — — _ — L �S '\ �S�B52'
`\ S 89244$ W 213.67' /s S 89 5 s' v1 403.7T /4 RON- ' / N 8827'40' W 3DIDe' 0 —� S 8921'40 W 581.40' RF
`5/8-INCH IRON R )ND / 123.19'
ROD FOUND C.M.
t/2-INCH IRON PART OF
\ /I �I !� I FELLOWSHIP CHURCH INC.
�66. ROD FOUNO (C.M.)
2900 Genesis Way Easements E N.,A..a� al r _ �i (FORMERLY KNOWN AS )
II s 9IA L s.ol AwcnnoN EASEMENT- FELLOWSHIP OF LAS COLINAS
N-7,034,989.81 (VOL. 7385. PG. 2220) I (VOL. 94091, PG. 1680) /
E-2,418,184.40
/ (GRID COORDINATES) ® I (VOL. 11578, PG. 1111)
Item #13 Abandon 15' Lift Station and Utility Easement
® I 15' SANITARY SEWER EASEMENT
■ ■ Item #14 Abandon 15' Sanitary Sewer Easement �- - �� "i NST N0. D200242925) i N
■ ■ ■ Item #15 Abandon 10' Utility & Landscape Easement k
New 15' Sanitary Sewer Easement by Plat 00 00
9/25/2019
ORDINANCE NO. 2019-062
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING A 10-
FOOT UTILITY AND LANDSCAPE EASEMENT ON LOT 1,
BLOCK 1, TRADE GROUP ADDITION TO THE CITY OF
GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED
WHEREAS, the owners of Lot 1, Block 1, The Trade Group Addition located at 2900
Genesis Way, City of Grapevine, Tarrant County, Texas has requested that a 10-foot utility
and landscape 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, 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 5,329 square foot utility and landscape easement located on
Lot 1, Block 1, The Trade Group Addition in Exhibits "1 and 2", 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 1st day of October, 2019.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
City Attorney
Ordinance No. 2019-062 2
EXHIBIT NO. 1
PARTIAL EASEMENT ABANDONMENT
Part of Lot 1, Block 1, SMF Interests Addition
James Gibson Survey, Abstract No. 586
City of Grapevine, Tarrant County, Texas
DESCRIPTION, of a 5,329 square foot (0.122 acre) tract of land situated in the James Gibson Survey,
Abstract No. 586, Tarrant County, Texas; said tract being part of Lot 1, Block 1, SMF Interests Addition, an
addition to the City of Grapevine, Texas according to the plat recorded in Instrument No. D205095561 of
the Official Public Records of Tarrant County, Texas; said tract also being part of a 10-foot wide Utility and
Landscape Easement recorded in said SMF Interests plat; Said 5,329 square foot (0.122 acre) being more
particularly described as follows (bearing system is based on the State Plane Coordinate System, North
American Datum of 1983 (2011), Texas North Central Texas, Zone 4202. Distances shown have been
adjusted to surface by applying the Tarrant County TxDOT combination factor of 1.000120000):
COMMENCING, at a 5/8-inch iron rod found at the north end of a right-of-way corner clip at the intersection
of the south line of Genesis Way (a 70-foot wide public right-of-way) and the east right-of-way line of
Enchanted Way (a 70-foot wide public right-of-way); said point being the northwest corner of said Lot 1;
THENCE, North 89 degrees, 28 minutes, 16 seconds East, departing said east line of Enchanted Way and
along the said south line of Genesis Way and the north line of said Lot 1, a distance of 181.73 feet to the
POINT OF BEGINNING;
THENCE, North 89 degrees, 28 minutes, 16 seconds East, continuing along the said south line of Genesis
Way and the north line of said Lot 1, a distance of 10.00 feet to a 1/2-inch iron rod with "GOODWIN
MARSHALL" cap found for corner at the northeast corner of said Lot 1 and the northwest corner of that
certain tract of land described in Special Warranty Deed to Fellowship Church recorded in Instrument No.
D206287644 of said Official Public Records;
THENCE, South 00 degrees, 48 minutes, 19 seconds East, departing the said south line of Genesis Way
and along the east line of said Lot 1 and the west line of said Fellowship Church tract, a distance of 532.87
feet to a 1/2-inch iron rod with "GOODWIN MARSHALL" cap found for corner at the southeast corner of
said Lot 1 and the southwest corner of said Fellowship Church tract; said point also being in the north line
of that certain tract of land described in Trustee's Deed to James B. Martino recorded in Instrument No.
D209270707 of said Official Public Records;
THENCE, South 89 degrees, 24 minutes, 44 seconds West, along the south line of said Lot 1 and the said
north line of James B. Martino tract, a distance of 10,00 feet to a point for corner;
THENCE, North 00 degrees, 48 minutes, 19 seconds West, departing the said north line of James B.
Martino tract and into and across said Lot 1, a distance of 532.88 feet to the POINT OF BEGINNING;
CONTAINING: 5,329 square feet or 0.122 acres of land, more or less.
(A survey plat of even survey date herewith accompanies this description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description
accurately sets out the metes and bounds of the easement abandonment tract described.
OF
athanr Cooper Date '�.'�G 9Fo'9cn
egister, Professional Land Surveyor No. 5369 ..i................•...
Pacheco Koch, LLC JONATHAN E. COOPER
•. a
7557 Rambler Road, Suite 1400, Dallas TX 75231 ; �5369 Q :
(972) 235-3031 9,j,•OFF�s�o�.yo
TX Reg. Surveying Firm LS-10193805 09 U R4�
3993-17.246EX 1.doc
3993-17.246EX1.dwg Img
Sheet 1 of 2
PART OF EXHIBIT NO. 2 �.
MARION & SHARRONCI Im
SPENCER FEL L O V H// P A Y
(VOL, 11038, PG. 1190)
1,01260' (65 PUBLIC RIGHT—OF—WAY) z% I
N 89'28'16" E /'�E/�/WAY
ESIS A Y I a
P.O.C.+ 10.00 // ��
IRF (C.M.) \ (70' PUBLIC RIGHT—OF—WAY)
N 892816E 181.73'
28.27' r
IRF '
(C.M.) POINT OF
I I I BEGINNING
10' UTILITY EASEMENT
(INST. NO. D205095561)
10' UTILITY EASEMENT
(INST. NO. 0205095561)
I �00 ^ I LOT 1, BLOCK 1
�- SMF INTERESTS r)
1-.I ADDITION `n
o I I (INST. N0. 3
LW I -I D205095561) I,
ZE IISMF INTERESTS INC. O_
(INST. NO. D204397570) 0p
m 15' LANDSCAPE 00
EASEMENT
O I II (INST. NO. D205095561) Z
I PARTIAL
II EASEMENT
I 1 ABAN 5 ONMNT
329E SF
I II (0.122 ACRE)
II 10UTILITY &
LANDSCAPE EASEMENT -
(INST. NO. 0205095561)
203.67
00
CV
K)
In
W
I
O
Do
O
O
M
W
Z
0
J
Q
z
c�
0
0
_ 730.5S
SANITARY SEWER EASEME�
TRACT A
/ (VOL. 12168, PG_ 2073)
�— 20' DRAINAGE EASEMENT
(VOL. 17000. PG. 149)
408.77',7
,59 48'
_ 1
CUT IN
CONCRETE FOUND
10' UTILITY EASEMENT
(VOL. 12392, PG. 1269)
1/2-INCH IRON ROD 1 0 50 100 200
W/"GOODWIN MARSHALL" I I I
CAP FOUND
I I I GRAPHIC SCALE IN FEET
III
LJ
U) I I
FELLOWSHIP CHURCH F I I I
(INST. 1-40. D206287644)
Ill
PART OF
I I
I
FELLOWSHIP OF LAS COLINAS
10' UTILITY &
LANDSCAPE EASEMENT
94091PG1680 )
(VOL., .
(INST. NO. D205095561)
I I
I
(VOL. 11578, PG. 1111)
15' SANITARY SEWER EASEMENT
15' SANITARY SEWER
EASEMENT
(INST, NO, 0205109649)
(INST. NO. D200242925)
(TO BE ABANDONED BY
I I
(TO BE ABANDONED
SEPARATE INSTRUMENT)
\
BY SEPARATE INSTRUMENT)
I\\
3/4-INCH IRON
ROD FOUND
I I
1/2-INCH IRON
\ \ ROD FOUND (C.M.)
\ (5/9-INCH IRON ROD FWND
1/2-INCH IRON ROD
BEARS: S 011W E. 5.9')
w/"GOODWIN MARSHALL"
CAP FOUND
408.77' A 123.19'
IRF (C.M.) S 89'24'44" IN
1 10.00'
The undersigned, Registered Professional Land
Surveyor, hereby certifies that this plat of
survey accurately sets out the metes and
bounds of the easement abandonment tract err .OF,•TF
described. �P,.•G�STR••q
re
athan 0' Cooper
gistered Professional
d Surveyor No. 5369
Date
JONATHAN E. COOPER
...
...........
40FSUH��o
JAMES B MARTINO o AVIGATION
(INST. NO. D209270707) EASEMENT
(VOL.7385,
NOTES: PG. 2220)
A metes and bounds description of even
survey date herewith accompanies this plat
of survey.
2. Bearing system is based on the State Plane
Coordinate System, North American Datum of
1983 (2011). Texas North Central Texas, Zone
4202. Distances shown have been adjusted to
surface by applying the Tarrant County TxDOT
combination factor of 1.000120000.
Pacheco Koch RAMBLER ROAD, SUITE 1400
DALL
DALLAS, TX 75231 972.235.305.3031
5.1ATX REG. ENGINEERING FIRM F-14439
TX REG. SURVEYING FIRM LS-10193805
DRA WN BY I CHECKED BY
LMG I JEC
SCALE
1 "=100'
OA rE I JOB NUMBER
AUGUST 20171 3993-17.246
PARTIAL EASEMENT
ABANDONMENT
PART OF
LOT 1, BLOCK 1, SMF INTERESTS ADDITION,
JAMES GIBSON SURVEY, ABSTRACT NO. 586,
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
SHEET 2 OF 2