HomeMy WebLinkAboutORD 1991-051 t ��� , .
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"'"'�""' ORDINANCE NO. 91-51
v�." AN ORDINANCE OF THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A
PORTION OF AN EMERGENCY ACCESS EASEMENT
LOCATED ACROSS DOVE CREEK PHASE I AS DESCRIBED
IN EXHIBITS "I" AND "I-A"; ACCEPTING AN
EMERGENCY ACCESS EASEMENT LOCATED ACROSS DOVE
CREEK PHASE I AS DESCRIBED IN EXHIBITS "II"
AND "II-A"; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, a portion of an emergency access easement located in
Dove Creek Phase I in the City of Grapevine, Texas, as described in
Exhibits "I" and "I-A" attached hereto and incorporated herein for
all purposes, cannot be utilized for public use and must be
corrected for future public use; and
WHEREAS, a new emergency access easement must be granted and
dedicated to the public by Sunbelt Savings, FSB, the owner of Dove
Creek Phase I property for the welfare, use and benefit by the City
of Grapevine; and
"'"'",
� � WHEREAS, abandoning and vacating a portion of said existing
�.. emergency access easement and the adoption of a new emergency
access easement will correct the access, the City of Grapevine must
have to provide fire and police protection and other emergency
access to the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF GRAPEVINE, TEXAS:
Section 1. That all the 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 portion of the City of Grapevine's
emergency access easement dedicated to the City by Plat as recorded
in Volume 388-174, Page 35, of the Tarrant County Plat Records, and
as described in Exhibits "I" and "I-A" , attached hereto and made a
part hereof, is hereby abandoned and vacated insofar as all public
right, title and interest in and to said described portion of said
emergency access easement is concerned.
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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.
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P Section 4 . That a new emergency access easement has been
°� granted and dedicated to the City of Grapevine for the public use
by Sunbelt Savings, FSB, the present owner of the real property
` covered by the above-mentioned plat recorded in Volume 388-174,
��. Page 35, of the Tarrant County Plat Records. A copy of such
emergency access easement is attached hereto as Exhibits "II" an
"II-A" and made a part hereof.
Section 5. That the City of Grapevine accepts the dedication
of this emergency access easement pursuant to terms and conditions
set out in the Emergency Easement Agreement attached hereto as
"Exhibit III", including, but not limited to, the condition that
Sunbelt Savings, FSB, holds the City of Grapevine harmless, and
indemnifies it against all suits, costs, expenses and damages that
may arise or grow out of the vacation or abandonment of the
emergency easement set out in Exhibits "I" and "I-A" .
Section 6. The fact that the present ordinances and
regulations of the City of Grapevine, Texas, are inadequate to
properly 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 6th day of August , 1991.
? ��' APPROVED:
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William D. Tate
Mayor
ATTEST: ,
ct�
nd Huff
City Secretary
APPROVED AS TO FORM:
. .�-., John F. Boy le, Jr.
City Attorney
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EXHIBIT .I
� To Ord. 91-51
LEGAL DESCR?'�'TION
EXHIBIT �_
�' �' BEING the Emergency Access Easement across Dove Creek Phase I as
recorded in Volume 388-174 , Page 35 , Plat Records of Tarrant County,
Texas and which the centerline of said Emergency Access Easement
being more particularly described by metes and bounds as follows :
COMMENCING at the northwest corner of Dove Creek Phase I ;
THENCE South 89 degrees 26 minutes 10 seconds East followinq the
South ROW line of Autumn Drive a distance of 285 .00 feet to the POINT
OF BEGINNING of said Emergency Access Easement ;
THENCE South 00 degrees 33 minutes 50 seconds West a distance of
70 . 00 feet to a point;
THENCE South 26 degrees 33 rriinutes 50 seconds West a distance of
45 . 00 feet to a point ;
THENCE South 00 degrees 33 minut�s 50 seconds West a distance of
268 . 00 feet to a point;
THENCE South 30 degrees 26 n►inutes 10 seconds East a distance of
175 . 00 feet to a point;
THENCE South 10 degrees 03 minutes 50 seconds West a distance of
83 .00 feet to a point ;
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THENCE South 87 degrees 59 minutes 52 seconds West a distance of
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305 . 32 feet to a point;
THENCE North 00 degrees 08 minutes 00 seconds East a distance of
624 . 00 feet to the end of said Emergency Access Easement , said end
point being in the north line of Dove Creek Phase I ;
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AUTUMN L�j�IVE EXHIBIT I-A
To Ord. No. 91-51
, S 89' 26' 10" E POB 491.58'
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UNPLATiETJ �•..,�
EXHIBIT I-A �- ,
�` EMERGENCY ACCESS EASEMENT �Y�
. 500 DOYE ROAD --
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7.825 ACRES `�'
SURDU�SU�RR�IN�G�COMPANY DOVE CREEK PHASE I �.` ,�
VOLUIIIE 388—i74, PAGE 36
NOR1N "�c�°°+�i"a�"°°° C1TY OF C�RAPSVINl�
SCALE 1" = 80' 1'ARRANT' COUN�'Y, T�.�'A.g
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LEGAL DESCRIPTZON To Ord. No. 91-51
• EXFiIBIT II
. I
Emergency Rccess Easement across Dove Creek PTarrant
BEING a 20 ' pagg 35 , Plat Records ot
ag recorded in Volum� 388-174 , , �merqency Access
d��cribed by metes and bounds as ;
�� County , Texas and which the centerline of said 2
Eaaemen� being more particularlY
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follows :
COHMENCINa at the northwest carner of Dove Creek Phase ' the
T
HENCE South 89 degrees 26 minu�anceQofe305a00�feetftolthen�P�INT
South ROW line of Autumn 9rive a d s
UF BSoIHtiINC3 of said 20 ' Emerg�ncY
Access Easement ;
TAEHCE
South 00 deqrees 33 minutes 40 seconds West a distance of
75 . 00 feet to a point ; of
THENCE South 39 degrees. 03 minutes 54 seconds We9t a distance '
qb . 83 feet to �a point ,
THENC
g South 00 deqrees 33 minutes QO seconds West a distance of
155 . 00 feat to a point ;
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Ganter bear�
THENCE 5outh a5 deqreQSf`a curveeto00h��left�which � dis ance
114 . 88 feot to beg
inning o distance af
tiorth 84 degrees 35 minutes 00 seconds �ast a rad us
50 . 00 feet ; of
TAEHCE alonQ
said curve to the left throuqh a central anale
$ zses 17 minutes 02 seconds and an arc distanc� of 46 . 50 feet °
5 3 d g w;�:;.;:,:
a point : •
THEN
CE South 47 deqzees 52 minutes 00 seconds Ea9t a distance of
95 . 00 feet to a point ;
THLN
CE south 08 degrees 53 minutes 00 seconds �ast a distance of
117 . 39 feet to a point ;
TA
EHCE South 83 degrees 37 minutes 00 seconds West a distance oL
g9 . 19 feet to a point ;
T
IiENCE North 89 cie9rees 44 min::te9 00 sF�onds Weat a distar•r° °f
252 . 05 feet to a point ;
THENCE Nozth 00 degrees 08 minutes 00 seconds EasC a di9tance oF
555 . 00 teat to a point ;
THEIiCE Narth 33 de�rees 29 minutCC89sBEasementancsaid 7end6 point
to the end of said 20 ' Emergency A
beinq in the north line of Dove Creek Phase I ;
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? � DUKAN R . P . L .3 . NO . d613
Date : �..,........ DAVID J .
' � UAVIU J. SURUUKAN
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EXHIBIT III
To Ord. No.91-51
' EMERdENCY EABEM�NT AaREEMENT
STATE OF TEXA5 �
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� COUN7'Y OF TARRANT �
GRANT OF EASEMENT
1 . WHEREAS , the City of Grapevine (the "City" ) determined
the original emergency easement granted by the Final Plat
oL Dove Creek Phasa I recorded in Vol . 388-174 , Page 35
of the Deed Record oi Tarrant County , Texas must be
vacated and abandoned; and described in detail in
Exhibits "I" and "I-A" attached hereto ;
WHEREAS, the Ci�y determined a new emergency easemenc
mus� be granted by ( "Sunbelt") , 5unbelr Fedexal Savings ,
FSB, the present owner �f tihe propex�ty; and
S�7HEREAS , both �n� City anci Sunbelt are desirous of
vacating and abandoning the prior easement and adopting
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the new easement;
NOW THEREFORE, S.n consideration of the City vacating and
abandoninq the prior emergency easement se�. forth above
i.n the Dove Creek Phase I Final Plat, Sunbelt Savings ,
FSB, hereinafter called Grantor, doe� hereby grant, sell
and convey un�o the City, hereinafter called Grantee, an
emerqency easement and right-of-way upon and across the
follcwing described property of the �rantor: S�e �� "
Exhibits "II" and "II-A" attached hereto and incorporated
herein for all purposes .
CHARACTER OF FASEM�NT
2 . The easement granted herain is dedicated to Grantee�
for the use and benetit oi the pubJ.ic for the
purposes set herein.
LOCATION OF EASEI•1ENT .
3 . The easement and rigl�t-ot-way hereby conveyed shall
be a 20 ' wide emergency easement located upon and
across the real property described in Dove Creek
Phase I Plat more particularly described and �et
sarth in Exhibi�s "II" and "II-h" above .
FXNTBZT III DRG�_ 1
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�;Xt11tSl'1' 111
To Ord. No. 91-51
PURPOSE OF EASEMENT
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4 . The easement, rights, and privileges herein granted
shall be perpetual and allow Grantee to provide
�°°° fire protection, police protection, or any other
emergency services to Grantor. Grantor hereby
binds itself and its heirs, successors and legal
representatives to warrant and forever defend the
above-described easement and rights hereby conveyed
to Grantee, its successors and assigns, against
every person whomever claiming or to claim the same
or any part thereof.
EXCLUSIVENESS OF EASEMENT
5. The easement, rights and privileges granted herein
are exclusive, and Grantor covenants that he will
not convey any other easement or conflicting rights
within the area covered by this grant.
ENCROACHMENTS
Grantee shall have the right to cut and trim trees
or shrubbery which may encroach upon the easement
area herein conveyed.
RIGHTS RESERVED
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Grantor retains, reserves, and shall continue to
enj oy the use of the surf ace of such property f or
any and all purposes which do not interfere with or
prevent the use by Grantee of the easement,
including the right to build and use the surface of
the easement for private streets, roads, driveways,
alleys, walks, gardens, lawns, planting or other
like uses. Grantor shall hold Grantee harmless
from, and indemnify it against all suits, costs,
expenses and damages that may arise from the
vacation or abandonment of the easement described
in Exhibits "I" and I-A" .
ENTIRE AGREEMENT
This instrument contains the entire agreement
between the parties relating to the rights herein
granted and the obligations herein assumed. Any
oral representations or modifications concerning
this instrument shall be of no force and effect
excepting a subsequent modification in writing,
� , signed by the party to be charged.
'�"'�' EXHIBIT III , PAGE 2
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EXHIBIT III ,
� � To Ord. 91-51 '
�INDING E FECT
This Agre�ment shall bind and inure to the benefit
of the respsctive parties, their personal
representati.ves, successars, tenants, lessees and
assigns. Resoiution Trust Corporati3�n as
Conservator for Sunbelt Federal Savings
Assignee . esolution Trust Corp.
a� 'receiver SUNBE FED L SA NG FSB
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CK 0 DG T
state of Texas §
Coun�y of �(�(�'S �
This instrument was acknowle g d be re me on this ��- day
of J , 1991, by ,S �
� on behalf of Sunbelt Federal S nqs, FSB.
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Not y ubl c
My Commission Expires:
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