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Home My WebLink AboutORD 1997-037 �� , ' . � �� , ORDINANCE NO. 9�-3� ww�. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A TWO FOOT (2') PERMANENT SLOPE EASEMENT SITUATED IN THE CITY OF GRAPEVINE, TEXAS, WILLIAM = DOOLEY SURVEY, ABSTRACT NO. 422, VOLUME 9415, PAGE 551, DEED RECORDS OF TARRANT COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, a two foot (2') permanent slope easement was purchased in accordance with Texas Department of Transportation requirements for the construction of Dallas Road, recorded Volume 9415, page 553, Deed Records of Tarrant County, Texas, more specifically described as Exhibit "A", attached hereto and incorporated herein for all purposes, is not needed for public use and will not be needed in the future for public use; and � WHEREAS, the owners of the property, as described in a deed from L. J. McPherson, et.ux., to B. O. Cox, et.ux., dated December 1, 1944, and recorded in Volume �,,, 1679, page 178 of the Deed Records of Tarrant County, Texas have requested the City of Grapevine to abandon and vacate said two foot (2') permanent slope easement; and WHEREAS, the request for abandonment and vacation has been reviewed and approved by the City of Grapevine; and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated in the preamble of this ordinance are true and correct and are hereby incorporated into the body of this ordinance as if copied in their entirety. Section 2. That a two foot (2') permanent slope easement situated in the City of Grapevine, Texas, as recorded in the William Dooley Survey, Abstract No. 422. Tarrant County, as shown in Exhibit "A" attached hereto and made a part hereof, is hereby �.�, abandoned and vacated for public use and the same is hereby abandoned and vacated insofar as all public right, title, and interest in and to said utility easement is concerned � Section 3. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of the remaining portions of this ordinance; and the City Council hereby declares �, it would have passed such remaining portions of the ordinance despite such invalidity, which remaining portions shall remain in full force and effect. rr.� Section 4. The fact that the present ordinances and regulations of the City of Grapevine, Texas are inadequate to property safeguard the health, safety, morals, peace : and general welfare of the public creates an emergency which requires that this ordinance become effective from and after the date of its passage. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the �st day of April , 1997. APPROVED: � William D. Tate Mayor �� ATTEST: � Lin a uff City Secretary APPROVED AS TO FORM: . ,_ f , . .., , x.� ._ _.__._ . . ± - , - , John F. Boyle, Jr. City Attorney � ilrwr ORD. NO. 97-37 2 _ - � SW-GR 102197 EXHIBIT � TO �� ' `��7 �� ' � EXHIBIT A �a�� of � � PERMANF�IT SLOPE EASE27II�T ...;.... : : .. � „ STATE OF TEXAS 9[ � IQ�K)W ALL MII�I BY Tf�SE PRESIIVTS THAT: � COUN'I'Y OF TARRANT 9[ That, I, Byron O. Cox hereinafter referred to as Grantors, whether one or more natural persons or legal entities, for and in the consideration of the sum of One Dollar ($1.00) to Grantors in ; hand paid by the City of Gragevine ,Texas, the receipt and sufficiency of which is hereby acknaaledged and confessed, and the further benefits to be derived by Grantors frcan the projected public improv�nents hereinafter described, and for which no lien, expressed or implied, is retained, have this day Granted, Sold, Conveyed, and by these presents do hereby Grant, Sell and Convey unto the City of Grapevine, a ;muiicipal corporation, situated in Dallas, Tarrant and Denton Counties, Texas, an ease�nent to construct, reconstruct and maintain a permanent slope of cuts and fill in, upon and across the following described land, situated in Tarrant County to wit: � All that certain tract or parcel of land, lying and being situated in the County of Tarrant, State of Texas, described in Exhibit "B" and "C" attached hereto and made a part hereof for all purposed, to which reference is here made for a more particular description of said property. �"° The City of Grapevine is purchasing this property for this purpose of constructing, reconstructing and maintaining a permanent slope of cuts � and fills in connection with the construction of a proposed street, and it reserves the right to make improveqnents on such grade according to such plans and specifications, as will, in its opinion, best serve the public purpose. The payment of the purchase price for the property herein conveyed shall be considered full ccanpensation for same, and for any diminution in value that may result to r�naining property by virtue of project proximity thereto, grade patterns and facilities. Should one ar more of the Grantors herein be natural persons and not joined by the respective spouse, it is conclusively pres�r�ed that the land herein conveyed is not the residence or business hanestead of such Grantors. Should one or more of the Grantors herein be a legal entity other than a natural person, it shall be conclusively presLUred that the person signing on behalf of such party has been duly and legally authorized to so sign and there shall be no necessity for a seal or attestation. � HAVE AI�ID TO HOLD the same, together with all and singular the rights and appurtenances thereto in anywise belonging unto the City of Grapevine, Texas, its successors and assigns, together with the right and privilege at any and all t�mes to enter said premises, or any part � thereof, for the purpose of constructing, reconstructing and maintaining said permanent slope. � F�UTED this 20th day of October A.D. , 19 88 -- GRAIVrlI�R(S) ' � r ��—� . . ' � " EXH181T—.�� TO ��- �f 7—a37 . Pa9e �- of —s — .� � BEFORE I�, the undersigned, a Notary Public in and for the State of _ Texas, on this day personally appeared Charles Wavne Cox as A�ent and Attorney-in-fact for Bvron O. Cox lrnown to me to be the person(s) whose name(s) are subscribed to the foregoing instrument and � acknawledged to me that they executed the same for the purposes and ' `�., consideration therein expressed, and in the capacity therein stated. . �� ,�,•. ��,� c�: �. ; �-�� "`:""�. GIVF�I UNDER MY FIAND AND SEAL OF OFFIC�E ',, , � . �=':"�: / . ;'" � :� ,�� • `�., � '. ��,� :�� ?his the 20th day of October , 19 88 _ ..�, ` .{J�•...s f� ''� Notary Publ'c in and for the State of Texas ql�.� l�n My Cc�mission Expires: � � A��' �rr�r +�^ �1 EXH 181 T � TO �%�- � ("`�'i .; - Page 3 of '� � � EXHIBIT "B" FIELD NOTES FOR 0.0016 ACRE PERMANENT SLOPE EASEMENT BEING a 0.0016 permanent slope easement situated in the Wm. Dooley Survey, Abstract 422, Tarrant County, Texas , and being part of that same land as descrihed in a deed fro�a L. J. HcPherson et ux to B. 0. Cox et ux, dated December 1 , 1944, and recorded in Volume 1679, Page 278 of the Deed Records of '1'arrant Caunty, Te�cas , said C.0016 acres ot l�nd to be more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod set for the Southeast corner of a 0.0054 acre right-of-way, said point being in the proposed South right-of-way line of Da11as Road , said point also being in the East boundary line of above referenced Cox tract , from said point a 1/2" iron pipe found for the Northeast corner of said Cox tract bears North 00° 05' 11" West, a distance of 3.77 feet; �+ THENCE South 00° 05' 11" East, a distance of 2.00 feet with the East boun- dary line of said Cox tract to a point��for corner; � THENCE South 86° 03' 20" West, a distance of 38.40 feet to a point for corner in a curve to the right whose functions are as follows: an angle of 31° 24' 22", a radius of 18.00 feet, a tangent of 5.06 feet, a length of 9.87 feet and whose chord bears North 74° 12' 38" East, a distance of 9.74 feet; THENCE in a Northeasterly direction with said curve to the right and the South right-of-way line of said 0.0054 acre right-of-way a distance of 9.87 feet to a 1/2" iron rod set at the end of said curve; THENCE North 86° 03' 20" East, a distance of 29.00 feet with the Soutn boundary line said 0.0054 acre rignt-of-way back to the place of •beginr.ing , ai�d containing 0 .0016 acres of land or 71 .78 equare feet. ^ . ; � . ` �-�� , �. . 1,�`, � ..�.. � !� '` ,� . i- Dennis H. Walker '''�• "%� �.-•, % c: +'r - , Regis tered Publ ic Surveyor � �;•, ' �" 4�"•'•� State .of Texas No. 2117 `� � , � •`� ,' .r�. '-��4�,. �• . � � no �, � ti (1553 �� EXH181T �" TO �G'�' � j-J`� Page ._.;�-- of ._-�-- � � EXHIBIT "C" FIELD NOTES FOR 0 .0001 ACRE PERMANENT SLOPE EASEMENT BEING 0.0001 acre permanen� slope easement situated in the Wm. Dooley Survey, Abstract 422, Tarrant County, Texas , and being part of that same land as described in a deed from Clarence E. Long et ux to Byron 0. Cox et ux, dated J uly 28, 1951 , and recorded in �Jolume 2338, Page 137 of ttie Deed Records of Tarrant County, Texas , said 0.0001 acres of land being more particularly described by metes and bounds as follows: BEGINNING at a 1/2" iron rod set for the Southwest corner of a 0.0002 acre right—of—way, said point being in the West boundary line of above referenced Cox tract; ��. THENCE North 86° 03' 20" East, a distance of 2.00 feet with the South boun— ' dary line of said 0.0002 acre right—of—way to a 1/2" iron rod set for the , Southeast corner of said 0.0002 acre right—of—way, said point being in the East �1°"' boundary line of said Cox tract; THENCE South 00° 05 ' 11" East, a distance of 2.00 feet with the East boun— dary line of said Cox tract to a point for corner; THENCE South 86° 03 ' �0" West , a distance of 2.00 feet to a point for corner in the West boundary line of said Cox tract; THENCE North 00° OS' 11" West, a distance .of 2.00 feet with the West boun— dary line of said Cor, tract back to the place of beginning and containing O.00101 acres of land or 4.00 square feet. , . ' , ,. ��,� ,�: 1 ,,�, ,..:. ,: /��. �� ::. � , � • � . / : �� ` s�•.'. .. 1- . .. )ennis H. Walker �� .f � 'r � •,3•� � La,�.�c I�;'r . Registered Public Surveyor �r , �-"� !� •.� � State of Texas No. 2117 -`-fj" '. �� • "��t�� :5�;�� .,� ' �+,, .-r ;: . �� 0941 � OS-54 SSSD � f �1 (� FXNISiT� �� ' ��`� ��J�r �-;; PERMANENT SLOP7 AS�N�ENT w/ EXHIBITS Page � Of ..'� . . ,�, . • . FROM: Charles Wayne Cox as Agent and Attorney in fact for Byron O. Cox � �°° TO: City of Grapevine, Texas AFTER RECORDATION RETURN TO: �'" Southwest Land Title Co. P.O. Box 488 �= Grapevine, Texas 76051 .r 'M1f1 � ��e��o�N3Nn aNd ai�dnN� si ��d� bo 1��3a3� �3aN� u�3dObd 1tl3� 6�81��S3o 3H1 �0 �S(1 a0 �plp� �0 3S(1tl�38 S1�I�1S3a H�IHM N13b3H NOISI�Oad 1�Ntl "1tl1N3� 3ltlS 3H1 ,�. � i� � �p Y: �,r� 'c : s �• tf•> F `- N a:_�. •_ � �w,�;`� �F" �J t�.1� � �Y 0 �� z� i �z � z� 4 NV � � � _ � � � , � � � I �; x � �'o � � �:s s-. �z�uw �: �'� D197070366 F� CITY OF GRAPEVINE �... P O BOX 95104 '� GRAPEVINE, TX 76099 -W A R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R 0 Y I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF GRAPEVINE RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 197171923 DR93 T008322 04/23/97 10 :40 INSTRUMENT FEECD INDEXED TIME 1 D197070366 WD 970423 10 :40 CG T O T A L : DOCUMENTS: O1 F E E S : 21 . 00 n�f B Y: � � 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. �