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HomeMy WebLinkAboutORD 2019-061 ORDINANCE NO. 2019-061 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 15 FOOT SANITARY SEWER EASEMENT LOCATED ON LOT 1, BLOCK 1, TRADE GROUP ADDITION TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED WHEREAS, the property owner of Lot 1, Block 1, The Trade Group Addition located at 2900 Genesis Way, City of Grapevine, Tarrant County, Texas has requested that a 15- foot sanitary sewer 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 7,990 square foot sanitary sewer easement located on Lot 1, Block 1, The Trade Group Addition as described 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: O RAPF A._ i/ \F` m Tara Brooks \ r • T " / co City Secretary *�* i APPROVED AS TO FORM: Y/ \\ b Q � City Attorney Ordinance No. 2019-061 2 EXHIBIT NO. 1 EASEMENT ABANDONMENT Part of Lot 1, Block 1, The Trade Group James Gibson Survey, Abstract No. 586 City of Grapevine, Tarrant County, Texas DESCRIPTION, of a 7,990 square foot (0.183 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, The Trade Group, an addition to the City of Grapevine, Texas according to the plat recorded in Instrument No. D21909661 of the Official Public Records of Tarrant County, Texas;said tract also being all that certain tract of land described in Special Warranty Deed to 2ND IP, LP recorded in Instrument No. D218003632 of the Official Public Records; said tract also being all of a 15-foot wide Sanitary Sewer Easement recorded In Instrument No. D205109649 of the said Official Public Records; Said 7,990 square foot (0.183 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 re 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 600.50 feet to a"+"cut in concrete found at the POINT OF BEGINNING; THENCE, North 89 degrees, 28 minutes, 16 seconds East, along the said south line of Genesis Way and a north line of the said Lot 1, a distance of 15,00 feet to a point for corner; THENCE, South 00 degrees, 48 minutes, 19 seconds East, departing the said south line of Genesis Way and the said north line of Lot 1 and into and across said Lot 1, a distance of 533.05 feet to a point for corner in a south line of said Lot 1 and 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, North 88 degrees, 27 minutes, 40 seconds West, along the said south line of said Lot 1 and the said north line of James B. Martino tract, a distance of 15.00 feet to a 3/4-inch iron rod found for corner at the southwest corner of said Fellowship of Las Colinas tract and the southeast corner of said Fellowship Church tract; THENCE,North 00 degrees,48 minutes, 19 seconds West,departing the said north line of James B. Martino tract and the said Lot 1, a distance of 532.51 feet to the POINT OF BEGINNING; Sheet 1 of 3 EXHIBIT NO. 1 EASEMENT ABANDONMENT Part of Lot 1, Block 1, The Trade Group James Gibson Survey, Abstract No. 586 City of Grapevine, Tarrant County, Texas CONTAINING: 7,990 square feet or 0.183 acres of land, more or less. (A survey plat of even surrey 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. rte .`��81 8Tf FO+S,P `j'-1' 020/� RE' han E. oper Date JON�ATHAN E COOP91 gistered rofessional Land Surveyor No. 5369 r..'°1�l0��o acheco Koch, LLC 4 S U R�1+ 7557 Rambler Road, Suite 1400, Dallas TX 75231 (972)235-3031 TX Reg. Surveying Firm LS-10193805 3M3-17246EX2R.doc 3093-17246EX2R4wg Imglmww Sheet 2 of 3 PART OF EXHIBIT NO. 2 0 1H I I / ' MARION & SHARRON WAY SPENCER FELLOWSHIP WA 1 & Jd(VOL. 11038, PG. 1190) (65 PUBLIC RIGHT-OF-WAY) _73o.ss' N 89'28'16" E I SANITARY SEWER EASEMENT P.O.C. GENESIS WA Y 15.00' (TRACT A VOL 12188• PG. 2073) pSF (Gu). (70' PUBUC RIGHT-OF-WAY) �TE FOUND �— ---20' DRAINAGE EASEMENT _im _ N89'28'16"E 600.50 _ _ ..59 (VOL 17000, PO. 149) \ ----, [ 408.T I • IRF if POINT OF(C,M.) L10. unUTY EASEMENT , (INST. Na D205095581) I BEGINNING I I I —10' UTILITY EASEMENT 10 50 100 200 I I I (VOL 1O2, PO 1269) 1 �� J 1/2-INCH IRON RO ROD 10' unLJTY EASEMENT CWr APFOUNNDD M HAU. IGRAPHIC SCALE IN FEET (INST. NO. D205095581) EASEMENT LEGEND LOT 1, BLOCK 1 'BANDONMENT _ I �- PROPERTY LINE THE TRADE GROUP 7. — EASEMENT LINE SF n c NEW EASEMENT LINE O.4 I� (INST. NO. 1321909661) (0.183 ACRE) N 0 M IRF 518-INCH IRON FOUND R ILJ in (UNLESS OTHER WISE NOTED) W (C.M.) - CONTROLUNG MCNU MEN T I*444 LP I W 2ND IP, LP 5 (INST. NO. 0217252411) : (INST. NO. 0218003632) P•O.�'' POINT OF COMMENCING Z a LOT 1, BLOCK 1 15' LANDSCAPE EASEMENT o °� THE TRADE GROUP Q j (INST. NO. 0205095581) a I -�--10' UTILITY e� 8 8 (INST. NO. D21909661) 0 (INST. EASEMENT Z 2ND IP, LP V" I 11 (TO BE ABANDONED W (INST. NO. 0218003632) SEPARATE INSTRUMENT) z I- 4 15' SANITARY SEWER EASENT (INST NO. 0200242925) n (TO BE ABANDONED 15' SANITARY SEWER CASEMENT \ \ BY SEPARATE INSTRUMENT) I (INST. NO. 02051 09 8 49) \ \ 1/2-INCH IRON » 3/4-INCH IRON R00 FOUND (CN.) ROD FOUND IRON ROO FOUND 10' U11UTY dofIIAR! e 01111.[1u'1 r LANDSCAPE EASEMENT 1/2-NCH IRON ROD ' (INST. NO.317 109228) J CAPYIP FOUND MARSH •% 109.18' ).....ty- I �IRF(o.M.) JAMES S MARTNO N 88.27'40" W S EAA.�M385 12 (vOL.73e5. 9. (INST. NO. D209270707) 15.00' PG. 2220) L i The undersigned, Registered Professional Land NOTES: Surveyor, hereby certifies that this plat of 1. A metes and bounds description of even survey survey accurately sets out the metes and date herewith accompanies this plat of survey. • bounds of the easement abandonment tract E OF re. described. , 1t...08TE,p 'f.4 i ., g,e� ,_per Fo;0 2. r system Is based on the State Plane • 7�f Coordinate System, North American Datum of JONATHAN E. COOPER 1983 (2011), Texas North Central Texas, Zone ii 4202. Distances shown have been adjusted to ei.q/ ...p 5369 it.;� surface by applying the Tarrant County TxDOT nothan ooper Dote i..op gg lv i0 combination factor of 1.000120000. agister Professional x. S U is s Land Surveyor No. 5369 EASEMENT a 7557 RAMBLER ROAD, SUITE 1400 ABANDONMENT r = JPacheco_Koch DA11AS' Tx 75231 97.1235'3631PART OF LOT 1, BLOCK 1, TX REG. ENINEERNa FIRM F-14439 THE TRADE GROUP Ill Tx REG. SURVEYING FSIM LS-10193805 JAMES GIBSON SURVEY, ABSTRACT NO. 596s Mow or macaw ar` SCALE OATS OOP NUINEE CITY OF GRAPEVINE, TARRANT COUNTY, TFxAS LMG JEC r=100' SEPT. 2019 3993-17.246 SHEET 3 OF 3 ' , MARY LOUISE NICHOLSON u s COUNTY CLERK 100 West Weatherford Fort Worth,TX 76196-0401 - r t''• :::_- PHONE (817)884-1195 CITY OF GRAPEVINE 200 S MAIN GRAPEVINE, TX 76051 Submitter: CITY OF GRAPEVINE/PUBLIC WORKS DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 10/3/2019 2:50 PM Instrument#: D219227102 OPR 6 PGS $35.00 By: D219227102 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.