The URL can be used to link to this page

Home My WebLink AboutORD 1990-012 -\ , � - � CITY OF GRAPEVINE, TEXAS w � ORDINANCE N0. 90-12 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS ABANDONING, VACATING, AND CLOSING THAT CERTAIN PORTION OF FRANKLIN STREET AS DESCRIBED IN EXHIBIT A ATTACHED HERETO; REQUIRING FIRST UNITED METHODIST CHURCH TO DEDICATE NECESSARY � � RIGHT-OF-WAY AND EASEMENTS, CONSTRUCT A CUL- DE-SAC, RELOCATE ALL UTILITIES AND UPGRADE THE WATER LINES; PROVIDING A SEVERABILITY '��` CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, First United Methodist Church (the "Church" ) is the owner of property which abuts both the north and south right-of-way lines of that certain portion of Franklin Street as described in Exhibit A attached hereto and incorporated herein for all purposes (the "Franklin Street segment" ) ; WHEREAS, the Church has requested the vacation, abandonment and closure of the Franklin Street segment as evidenced by letter dated October 30, 1989, a copy of which is attached hereto as Exhibit B and incorporated herein for all purposes; and WHEREAS, the Church intends to expand its existing facilities and contends that, in order to make the most efficient and economical use of its property as a whole, the land encompassed in the right-of-way of the Franklin Street segment needs to be used in the expansion; and WHEREAS, the amount of acreage currently owned by the � , Church south of the Franklin Street segment is insufficient to be developed for church purposes; and � ,. WHEREAS, the Church' s land south of the Franklin Street segment is primarily being used for parking which requires pedestrians, including children, to cross the Franklin Street segment to reach the facilities on the north side of the Franklin Street segment, thereby causing a traffic hazard; and WHEREAS, the closure of the Franklin Street segment and development of the remaining land by the Church will not only eliminate the traffic hazard, but also reduce the intrusion of church traffic through residential neighborhoods; and WHEREAS, the Franklin Street segment was originally acquired by the City of Grapevine, Texas (the "City" ) for the purpose of streets, rights-of-way and easements; and WHEREAS, the City' s rules, regulations and ordinances require a cul-de-sac to be constructed at the west end of the Franklin Street segment, the relocation of a11 utilities, and the upgrading of water lines prior to the effective date of the abandonment, vacation and closure of the Franklin Street - segment for development by the Church; and " WHEREAS, the telephone, gas, electric and cable utilities have no objection to the abandonment, vacation and closure of the Franklin Street segment as shown in Exhibits C-1, C-2, C-3, � � and C-4 attached hereto and incorporated herein for all purposes; and . � WHEREAS, the abandonment, vacation and closure of the Franklin Street segment will relieve the City of the cost and expense of maintaining the Franklin Street segment; and WHEREAS, the City Council hereby finds and concludes it is in the public interest to abandon, vacate and close the : Franklin Street segment. 0368L k3 � Li � � t1� � t . . ... ... ... ... .... ....,....... ;xi NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE � CITY OF GRAPEVINE, TEXAS: Section 1. That all of the matters stated in the preamble are true and correct and are hereby incorporated into the body of this ordinance as if fully set forth therein. Section 2 . The Franklin Street segment as described in Exhibit A shall be abandoned, vacated and closed upon the completion, to the satisfaction of the City' s Director of �' ° Public Works, or his designee, indicated by letter of acceptance, of all terms and conditions, stated in this ordinance, particularly Sections 3, 4 and 5 . Upon the �,.:� abandonment, vacation and closure of the Franklin Street segment the public right, title, and interest in and to the Franklin Street segment shall cease and the City shall have no further responsibility for improving or maintaining the Franklin Street segment. Section 3. The Church shall dedicate the necessary right-of-way and construct a cul-de-sac at the point where the west end of the Franklin Street segment adjoins the portion of Franklin Street which is not being abandoned, vacated or closed. The dedication of right-of-way and construction of the cul-de-sac shall be done in accordance with all rules, regulations and ordinances of the City and shall be approved by letter of acceptance by the City' s Director of Public Works, or his designee, prior to any other development on the Church' s property. The cul-de-sac shall be constructed to provide emergency access only through the Church' s parking lot for residents in the area and emergency vehicles, which construction shall be approved by letter of acceptance by the City' s Director of Public Works, or his designee. Section 4 . The Church shall dedicate the necessary � � easements and relocate all utilities of the City, including water, sanitary sewer, and storm drainage in accordance with ;�:� all rules, regulations and ordinances of the City and to the satisfaction of the City' s Director of Public Works, or his designee. In addition, the Church shall dedicate the necessary easements and relocate all other public utilities, including telephone, gas, electric and cable in accordance with the rules, regulations and standards of such public utilities and to the satisfaction of the affected public utility. Section 5 . The Church shall upgrade the existing six inch (6 " j water lines to eight inch (8" ) water lines upon the relocation required by Section 4 . The upgrading of the water lines shall in all respects comply with the City' s rules, regulations, and ordinances and shall be approved by letter of acceptance by the City' s Director of Public Works, or his designee. Section 6 . If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, o� 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 por-tions of this o�dinance; 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. �,..� Section 7 . The provisions of this ordinance shall become effective from and after final passage and approval, and ' it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on first reading on this the 20th day of February , 1990 . - 2 - � _ 0368L .:�:-. � � �$ � � Q��1� , . .., . , . _ .�� r�,-:;�,.� PASSED AND APPROVED BY THE CITY COUNCIL OF �HE ' CITY OF GRAPEVINE, TEXAS on second and final reading on this :the 6th day of March , 1990 . � � �� . �Y�� ' . r��. � ��e�y ..� .. �� Mayor, City of Gr' ��y�'ne, Texas V- William D. Tate .�� t�; �� , � �, . ATTEST: .,� '`� " �� ,`:: �� City Secretary Linda Huff [SEAL] APPROVED AS TO FORM: �, ---- City Attorney John F. Boyle, Jr. ,�:.,,. �� ,�., ,, �� - 3 - ` 0368L - . � �$ � ! �� 9 • � EXHIBIT "A" TO • ORDINANCE NO. 90-12 LEGAL DESCRIPTION 16, 390 square feet of land situated within the existing R.O.W. � . of Franklin Street, a variable width public street in the City � of Grapevine, Tarrant County, Texas, said 16, 390 square feet being moce particularly described by metes and bounds as follows: �,. BEGINNING at the intersection of the south R.O.W. line of said Eranklin Street and the west R.O.W. line of Church Street; THENCE N 89°52 ' W, 258.05 feet along the south line of said Franklin Street to a corner in the east line of Lot 1, of the A. B. Allen Subdivision to said City as recorded in Volume 388-15, Page 499, Tarrant County, Plat Records; THENCE N 00°38 ' E, 30.00 feet to the northeast corner of said Lot 1 ; THENCE N 81°55 ' W, 86 .90 feet along the northerly line of said Lot 1 to the northwest corner of said Lot 1; . . THENCE NORTH, 45.81 feet crossing said Franklin Street to a point in the south line of Lot 1-R, Block 6, Original Town of Grapevine as recorded in Volume 388-168, Page 97, Tarrant County, Plat Records; THENCE along said south line of said Lot 1-R and the northerly �.�, line of said Franklin Street the following courses and distances: ��, EAST 86.04 feet ; � SOUTH 22.40 feet; . . ' S 77°30 ' E, 112. 84 feet; � • S 89°18 ' E, 148 .00 feet to the intersection of said north R.O.W. line of said Franklin Street with the west line of aforementioned Church Street; THENCE S 00°38 ' W, 40.00 feet to the POINT OF BEGINNING and containing 16, 390 square feet of land . �.. . _ �,� � #89046 . ....�.. ..... . . . _ . � �$ � 1 �� . � EXHIBIT "B" TO � � ORDINANCE NO. 90-12 KOMATSU -�(((�� ,��,�,� ALBERI'S.ImMAlSU&ASSOCtATFS,t\C. � ,�� 1 � October 30, 1989 �i ��flti; 1 (, , � J �,��f� ; l�L�:- . _ � ! :� � �.- �.-��.� �.. ... John S. Laster CNGINFF��I(•�r Assistant Director of Public Works Engineering Division ' - P. 0. Box 729 �""`" 6rapev i ne, Texas 76051 RE: FRANKLIN STREET ABANDONMENT PER ATTACHED DRAWING AND LEGAL DESCRIPTION Albert S. Komatsu S Associates as duly hired and paid representatives of the First United Methodist Church of Grapevine, Texas do herewith request in their behalf the vacation of the City' s Right of Way of the portion of - Franklin Street which passes through the chur�ch properties. " Please refer to attached 8-1/2 x 14 Xerox titled "Franklin Street Vacation", dated September 22, 1989. Currently the church owns the properties on the north and south sides of � the subJect Right of Way. THE CHURCH has intentions to e�and their faci- lities, and in doing so would require the land encompassed in the Right of Way for the most efficient and economical use of their other properties. At this time the parcel of land shown and described in the legal descrip- tion attached will be maintained by THE CHURCH as a utility easement for water, sewer and gas until such time as construction documents are prepared '� � for the new addition. At that time the church will prepare final plat documents which will show the relocation of utilities to their new ease- � �„� ments as required by the addition. Therefo�e, if you could please be so kind as to present this petition to � the Public Works staff and the City Council for approval we would be very grateful . If there are� any questions or if there is anything that I can do to facili- tate the process, pleae contact me. . � lit�-� Tim Whitehead Associate/ProJect Coordinator ALBERT S. KOMATSU E ASSOCIATES cc: Rev. Lawrence Van Zile Coy D. Landes, RPS �Jerry L. Hodge, Dir. of Public Works . . Adrienne Leonard, Assist City Attorney - Randy Nill , P.E. Bldg Cmte Chrmn � . . ARCFIITECTS•ENGINEERS•INTER(OR DESIGNERS '�++ 550 BAILEY AVENUE•SUITE 715 PORT R'ORT}I,TF.XAS 16107•Bl7/332-1914•METRO 8l7/429•7468 � �� . ' EXHIBIT "C-1" TO � � ORDINANCE NO. 90-12 �— . ___.� P A R A G O N � ,�,��„ c n � � e , �n� December 5 , 1989 � ��'.f?I?• •�--� h ? F E 3 �_ fj; �� 'r'�' •`� �- t^=,�r i;! City of Grapevine ff� _ �� Attn: Jerry L- Hodge ��'�=•"�•-'.:�' '-s7��:i_;i Director of Public Works FN��NEFRING P.O. Box 729 Grapevine TX 76051 RE: FRANKLIN STREET CLOSURE, CHURCH STREET TO A POINT EAST OF SCRIBNER STREET. � Dear Mr. Hodge: With regards to the above referenced request for abandonment , Paragon Cable of Grapevine has no objections at present to abandonment. �� Thank you for the opportunity to respond. . �� . Sincerely, � Bob Macio " Plant Manager �� 209 South Rogers, Irving, Texas 75060 214/259-8850 Owned by Amerlcon Televislon&Communlcatlons Corp.ond Houston Industries InC. . � �� Q� �� EXHIBIT "C-2" TO � � � ORDINANCE NO. 90-'2 � �� .� a� �...... .�... — — ,� TUELECTRIC � December 7, 1��3� � '' v" � Mr. Jerry L. Hodge City of Grapevine � P. 0. Box 729 . Grapevine, Texas 76051 RE: Franklin Street Closure � Dear Mr. Ho��ge: TU Electric has no ob.jection t.o the abandonmeni: of t.he street Right-Of-Way as describPd in grour letter of Deremher l , 1989. We have only secondary faci.lities in this area and have no plans that would require us to utilize this Right-Of--Way. HowPVr�r , we would stipulat.� that t.he cost of �ny future relocati�n of t11f?SP sec�ndary lines �aould be the responsibilitg• ,.,� of the party making the re�uest, . Should additional information be required, please call me at a58-2�77 . � � Sinrerely, _ ha�94�� P� Margar�t Woolery C�istomer Servi_ces Representati_c�e Mw/,jcf � �(l �._..,I.�.;'I � €n '- ' . U .. ._�•'.`� . ` � � � j EC � rF �y�9 �. . ENGIN':: � t 'i ' EERir�� '°"�" P.O. Boa 609 Eulesa,Texas 76039 . '� � 9�� 7/_ . ._� � EXHIBIT "C-3" TO r � ORDINANCE NO. 90.-12 � � Lone Star Gas Company f��t �•�nn�1� (�Iv�Ct!��1 ��r f�ICTRIRlITIL1FJ ' 100 W.Morning�ide Dr. • Forl Worfh,T�ro�76110 �.,..,, December 15, 1989 City of Grapevine P.O. Box 729 Grapevine, Texas 76051 Attn: Jerry L. Hodge Re: Franklin Street Closure, Church Street � � to a point east of Scribner street Mr. Hodge, . Thank you for submitting the plat on the referenced property. Please be advised that Lone Star Gas Company has no facilities involved at this time, therefore we offer no objections to the closure of this street. Thank you for your inquiry. , � �� , - 1 � _ � �`��: �� .� �: ��« �v,.__. _ - �� Suzan Hinkle Facilities Planning & Zoning cc: file � � _ ; �x� � .. ;,. � j:•'�� . �t�NY' � ��,� � . , . �`�� EXHIBIT "C-4" TO � . . � ORDINANCE NO. 90-12 , _ �; + � ...r ? ; , : � . . � , . .,, . . .. ; �� Post Office Box 128 � Lewisville, Texas 75029 �,1� January 18, 1990 Mr. Jerry L. Hodge City of Grapevine Post Office Box 729 Grapevine, Texas 76051 re : Franklin Street Closure, Church Street to a point east of Scribner Street Dear Mr. Hodge : � This letter is in reply to your letter of December 1 , 1989 on the above referenced subject . GTE has a buried cable on the south side of Franklin Street in the area proposed for abandonment . If Franklin is abandoned , � this situation can be handled either by leaving the facilities �� in place, covered by a utility easement granted by the property owner , or by relocating the cable at the property owner ' s expense . If a utility easement is granted, the area must remain �� accessible for maintenance purposes , i . e. , no structures or parking area covering it. If I can be of further assistance, please give me a call at 214-318-8850, ext. 237 . Sincerely, � �� '(�a��' Mae Beth Whaley �%� Plant Engineer MBW:drr . ��, AFTER FILING RETURN T0: � CITY OF GRAPEVINE . _ � ATTENTION JODI BROWN �"`'� P O BOX 729 GRAPEVINE TX 76051 � �� 11 �� . , . . _ ._ ._ _ ::� i . . ,.,., ,.;,.,�,� , .,� „ ,_ .� _ ,.. _ ... ..._ . _., �_ :!: �T�Y �::)F' r?r,�n,t�'._ .:P.�.. , !::' �-� ,'r�',. _ '-;�, r.. ',''� 's-.V ' r.�,:: , , „ t:i'S ,. , � :. -, �� n..l . �,..� �.. .,. s.. L+.; T� 1�,F f-�c:� /11 !� Cl... ..,�� i ^,I r'; . .; �,,.I , , , _ � �:: ..;,r ;.::� . ,, , _ . ,. . . .: , ... � ,... � �.. � . ,_ . . . . .. , ,... .�. � �.. .. ... , �� , ... ,.. _.... r .� „ r, r,t t r r, , i A i , r.::. � � , 1 r.,, r; :_, ,.., , � , � . ,. ,.. p.� F_� �r„ <�; rt �� ,"-,� � -r� , ; �- ,� � , , _ . �; �... ,:... �. �... .�. r ._ �.. �... �. �..� . ? C) „ ; i �` n r;�:.,�r r ._ 't,' r nJ;` y�f"... � �.. �''... .. ,... . ,.. , ._.., ..i-;� �. , . _ ? .�..� ._. � ,, .�...�.�..., .-��r..�., �., ., ; ...,r � �i n �� n 1� �R.!�r r. .,�_, P,M 1^,i -t �.n ��.:. , , �-. r_ ...,�_. �._. . ... . �.. , , ,.,_.�..,...' � .� ... . . :� ... , �•.� ,r :,�, ��; ri � ; � :r i , , , ,.;r, ,�, � ; , � _.. � . , .. . 1 `? i !'1 i.. '`r�r , i r��: � �::: ,: „� � ,. .. ,: .... r, �_:. ; � , ._. . �:a. nn.{v �::,� r,;,, , r;,..� , � ,;:: � rr .• � i� � ,�,... ..,_l., �rl F:. ,-�:^;' ;�::,f.-y.,;�T�v � > .-�?'�� .., t� � .. . r:.:� �f��. „'�',t_:1= �� ...; . . . . .. ,.. .,�.. ..` . � .. .. �,.; :,� : � ^,r..�, ��.,s r,., � � � . . ,.. ,; �., , . .�.. ... ., . . . ,:,, J � �� ? �