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Home My WebLink AboutORD 2019-062 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: O GRA- im Tara Brooks s co City Secretary APPROVED AS TO FORM: -45-7/Q 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. 52/ - /_-2.0/7 OF T athan E 'Cooper Date *.G .9esAr � a m / egisterbr. Professional Land Surveyor No. 5369 Pacheco Koch, LLC JONATHAN E. COOPER 7557 Rambler Road, Suite 1400, Dallas TX 75231 ;9 5369 Q (972) 235-3031 9ijiO�FF86�v�••1° TX Reg. Surveying Firm LS-10 1,93805 S U 3993-17.246EX 1.doc 3993-17.246EX1.dwg Img Sheet 1 of 2 PART OF EXHIBIT NO. 2 I "7 MARION SPENCER RRON FEL L O WSHIP WAY 1 I In (VOL. 11038, PG. '190) �� , / _ _ _ 1,012.60' (65' PUBLIC RIGHT-OF-WAY) I _ 730.53' —'— I ,SANITARY SEWER EASEMENT P O.C. N 89'28'16" E WA1 o / (vocT,s,6S PG. 2073) 1OOQ �- 20' DRAINAGE EASEMENT RF (CM) ,� k ,\GEIIESIS (70' PUBLIC RIGHT-OF-WAY) // (VOL. 17000, PG. 149) N89'28'16"E 181.73' (C.M.) rl POINT OF •CONCRETE CUU IN CONCRETE FOUND —10' UTILITY EASEMENT 11Z:1" I 11 BEGINNING (VOL. 12392, PG. 1269) 1/2-INCH IRON ROD 10' UTILITY EASEMENT W/"GOODWIN MARSHALL" 0 SO 100 ZOO 1 ` (INST. NO. D205095561) / CAP FOUND 1 . }F 10' UTILITY EASEMENT GRAPHIC SCALE IN FEET II1 (INST. NO. D205095561) - LEGEND oo l ° — — LOT 1, BLOCK 1 DDkNi N — - - — PROPERTY LINE EASEMENT LINE i SMF INTERESTS In If) NEW EASEMENT LINE I'! ADDITION in IRF 5/8-INCH IRON ROD FOUND POINT FOR CORNER J. I' (INST. NO. 3 LA z (UNLESS OTHERWISE NOTED) LIJ 0205095561) _ 0) U (C.M.) - CONTROLLING MONUMENT = SMF INTERESTS INC. �_ FELLOWSHIP CHURCH (INST. NO. D204397570)pp d cr (INST NC. D206287644) - P.O.C. POINT OF COMMENCING �' b m 15' LANDSCAPE 0 0 Q D I EASEMENT -(n PART OF (INST. NO. D205095561) z FELLOWSHIP OF LAS COLINAS 10" UTILITY & 0 -----LANDSCAPE EASEMENT (VOL. 94091, PG. 1680) ' `•' W (INST. NO. 0205095561)z (VOL. 11578, PG. 1111) v PARTIAL � n Z EASEMENT/ EASEMENT SANITARY SEWER i 15' SANITARY NO. 0205 096 9) (INST. NO. D200242925) ABANDONMENT IN rn G a (TO BE ABANDONED BY (TO BE ABANDONED 5,329 SF SEPARATE INSTRUMENT) \ BY SEPARATE INSTRUMENT) (0.122 ACRE) \ cr'1 \\ i 1/2-INCH IRON S63/4-INCH IRON ROO FOUND (C.M.) 0 ROD FOUND I (5/e-41oo IRON Roo FOUND 10' UTILITY do LANDSCAPE EASEMENT 1/2-INCH IRON ROD ( I BEARS: 5 o+le' s.el 7 WfGOODWIN MARSHALL" \ r(INST. NO. D205095561) CAP FOUND 203.67 408.7T 123.19' JAMES B MARTINO o AVIGATION % \IRF (C.M.) n (INST. NO. D209270707) rc EASEMENT S 89'24 44 W I 10.00' NOTES: (VOLG. 2220j The undersigned, Registered Professional Land 1. A metes and bounds description of even °; Surveyor, hereby certifies that this plat of survey date herewith accompanies this plat ,�, survey accurately sets out the metes and of survey. bounds of the easement abandonment tract 4E OF .TF ' described. ,NQ:••G�S.TE,q'•:�q 2. Bearing system is based on the State Plane i g:e. .--,- �0•;J' Coordinate System, North American Datum of �� 1983 (2011). Texas North Central Texas, Zone ./5/ / JONATHAN E. COOPER 4202. Distances shown hove been adjusted to f) `.37.2a( j %. 5369 p�Q surface by applying the Tarrant County TxDOT 90 o combination factor of 1.000120000. i .d nathan ,E. Cooper - -- Date 9*4.ESS 1°•.,l ( ,,, 'Registered Professional S 11 Ft v ':' Land Surveyor No. 536911 / PARTIAL EASEMENT Pacheco Koch RAMBLER ROAD, SUITE 1400 ABANDONMENT DALLAS, TX 75231 972.235.3031 PART OF P� TX REG. ENGINEERING FIRM F-14439 LOT 1, BLOCK 1, SMF INTERESTS ADDITION, toTX REG. SURVEYING FIRM LS-10193805 JAMES GIBSON SURVEY, ABSTRACT NO. 586, DRAWN BY CHECKED BY SCALE DATE JOB NUMBER CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS LMG JEC 1"=100' AUGUST 2017 3993-17.246 SHEET 2 OF 2 a t 1 0,1 MARY LOUISE NICHOLSON e COUNTY CLERK 'u 100 West Weatherford Fort Worth, TX 76196-0401 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#: D219227103 OPR 6 PGS $35.00 - 1it r,,toI , By D219227103 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.