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HomeMy WebLinkAboutORD 1989-030 CITY OF GRAPEVINE, TEXAS ORDINANCE N0. 89-30 AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS ABANDONING AND VACATING THAT CERTAIN PORTION OF BERRY STREET' AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, SAVE AND EXCEPT AN EASEMENT FOR DRAINAGE AND UTILITIES RESERVED FOR THE A � CITY OF GRAPEVINE, TEXAS; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. �<;.:.. WHEREAS, ASC Pacific, Inc. ( "ASC" ) is the owner of property which abuts both the east and west right-of-way lines of that certain portion of Berry Street as described in Exhibit "A" attached hereto and incorporated herein for all purposes (the "Berry Street segment" ) and shown as Dooley Street on the plat approved by the City of Grapevine, Texas (the "City" ) on the lOth day of December, 1948, and recorded at Volume 388F Page 37 on the 30th day of June, 1949 in the Real Property Records of Tarrant County, Texas, (the "Plat" ) ; and WHEREAS, in conducting its operations and business, heavy vehicles and equipment operated by ASC frequently crosses over the Berry Street segment creating a potential safety hazard to ' pedestrians and other vehicles travelling along the Berry Street segment; and WHEREAS, the Berry Street segment was originally acquired by the City of Grapevine, Texas (the "City" ) for the purpose of streets, rights-of-way and easements, but is no longer needed for street purposes or rights-of-way by the public and will not be needed for street purposes or rights-of-way by the public in the future, although the City does need to retain and reserve a �- -� �rainage and utility easemEnt for pu�lic use within the Berry Street segment; and WHEREAS, the City is in the process of improving Dallas Road located at the north end of the Berry Street segment and the abandonment and vacation of the Berry Street segment in conjunction with the improvement of Dallas Road would be more convenient and efficient than at a later date; and WHEREAS, the City Council desires to trade or exchange the Berry Street segment as consideration for the necessary right-of-way for Dallas Road abutting ASC ' s property as described in Exhibit "B" attached hereto and incorporated herein for all purposes; and WHEREAS, pursuant to an appraisal obtained by the City, the Berry Street segment is being traded or exchanged for at least the fair market value of the City' s interest in the Berry Street segment; and WHEREAS, ASC has consented to the abandonment and �, , vacation of the Berry Street segment as indicated by its letter attached as Exhibit "C" , attached hereto and incorporate herein for all purposes; and �� WHEREAS, several other property owners to the south of the Berry Street segment have indicated their consent to the abandonment and vacation of the Berry Street segment as shown in Exhibit "D" attached hereto and incorporated herein for all � purposes; and WHEREAS, the abandonment and vacation of the Berry Street segment will relieve the City of the cost and expense of maintaining the Berry Street segment. 0264L/5 � __ ;:� .� � .� �: � �� � 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. 5ection 2 . That except as provided in Section 3 hereof, upon the execution and delivery by ASC to the City of the Street Right-of-Way Deed attached hereto as Exhibit "B" and the Drainage and Utility Easement attached hereto as Exhibit "E" and incorporated herein for all purposes, the Berry Street ' segment as described in Exhibit "A" shall hereby be abandoned ,,,�,�,,, and vacated for street purposes and rights-of-way by the public and the same shall be abandoned and vacated insofar as all p�ablic right, title, duty and interest in and to said Berry ��reet segmerx� for st�eet pu,poses and rig�7ts-of-way by the public is concerned. LJpc�Yi such abandc�nment and vacation, the City shall have no further responsibility for improving or ' maintaining said Berry Street segment for street purposes or rights-of-way. Section 3 . The City hereby retains and reserves a drainage and utility easement to construct, reconstruct and perpetually maintain drainage facilities and public utilities, including but not limited to sanitary sewer mains, water mains, gas mains, electric poles and lines, telephone and telegraph poles and lines or authorize such construction by any contractor of public utility company, in, upon and across the Berry Street segment. ASC has agreed to grant a Drainage and Utility Easement to the City as shown in Exhibit "E" attached hereto which Drainage and Utility Easement is acceptable to the City and is hereby approved. Section 4 . If any section, article, paragraph, �� sentence, clause, phrase or word in this ordinance, or application thereto any person or circumstances is held invalid ar uncc:tstit�tional hy a �ourt of competent j�arisdzct�.on, 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. Section 5 . The fact that the Berry Street segment is no longer needed for street purposes or rights-of-way by the public for public usage and would create a hardship and a burden upon the City of Grapevine to keep open and maintain the Berry Street segment 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 �µOF GRAPEVINE, TEXAS on this the 18th day of April { 1�$��„,. '; h� :::f • ��� �� �:�' � . � � . . � . •j J� � Mayor, City of Grapev �, �T �as � .,,;�, � �'; ,;-'`� .��. ATTE : `� ,',°j Yirw - City Secretary [SEAL] AP ROVED AS TO FORM: C �. 0264L/6 = s� � � � � � �-; � � , EXHIBIT "A" TO ORDINANCE NO. 89-30 ; �'. WALKER & ASSOCIATES SURVEYING, INC. 329 SOUTH FANNIN TYLER,TEXAS 75702 214-592-8515 Dennls H.Walker Registered Public Surveyor March 20, 1989 '"`'' Stats of Texas No.2117 CITY OF GRAPEVINE � �- -° WM. DOOLEY SURVEY, ABSTRACT 422 E. MOORE SURVEY, ABSTRACT 1029 �.D. HUDGINS SURVEY, ABSTRACT 755 GITY OF GR�APEVINE TARRANT COUNTY, TEXAS 3678 FIELD NOTES FOR A 0.54 ACRE ABANDONMENT BEING a 0.54 acre abandonment of Berry Street situated in the Wm. Dooley Survey, Abstract 442, E. Moore Survey, Abstract 1029, P.D. Hudgins Survey, Abstract 755, City of Grapevine, Tarrant County, Texas, and being a part of that certain Hilltop Addition to the City of Grapevine, Tarrant County, Texas, according to plat of said addition recorded in Volume 388-F, Page 37 of the Deed Records of Tarrant County, Texas; BEGINNING at a point in the proposed South right-of-way line of Dallas Road said point being South 00° 00' 11" East, a distance of 8.75 feet from the Northeast corner of Lot 1, Block 2 of the above re£erenced Hilltop Addition; THENCE South 00° OS' 11" East, a distance of 355.45 feet to a point; THENCE North 89° 54' 49" East, a distance of 65.03 feet to a point; ��,. .. THENCE North 00° 05' 11" West, a distance 352.59 feet to a point in the pro- posed South right-of-way line of,. Dallas Road, said point also being in a curve to the left whose functions are as follows: an Angle of 04° 05' S9", a Radius of 909.93 feet, a Tangent of 32.57 feet and whose Chord bears North 87° 34' 16" West, a distance of 65.10 feet; THENCE in a Northwesterly direction with said curve to the left and the pro- posed South right-of-way line of Dallas Road, a distance of 65.11 feet back to the place of beginning and containing 0.54 acres of land or 23,048.33 square feet. \ Dennis H. Walker Registered Public Surveyor State of Texas No: 2117 ,�,:4 JSC/th ��.., � -. -_= � � � t.� , � ! . � EXHIBIT "B" , PAGE 1 OF 6 - TO ORDINANCE NO. 89-30; : STREET RIGHT-OF-WAY STATE OF TEXAS S S RNOW ALL MEN BY TIiESE PRESENTS: COUNTY OF TARRANT S THAT, ASC Pacific, Inc. , hereinafter referred to as a Grantors, whether one or more, for and in consideration of the sum of ONE DOLLAR ($1.00) and other good and valuable consideration, to Grantors in hand paid by the City of Grapevine, Texas, the receipt and sufficiency of which is �'`` hereby acknowledged and confessed, and the further benefits to be derived by Grantors as a result of projected public �nprovements, and fox whic�h no lien, express or implied, is retained, have this day G�tANTED, SOLD and CONVEYED, and by these �presents do hereby GIZANT, SELL and CONVEY, unto the said City of Grapevine, Texas, a municipal corporation situated in Tarrant County, Texas, for street right-of-way purposes for the passaqe of vehicular and pedestrian traffic, together with the customary uses attendant thereto, including drainage and utilities, over, under, through, across and along all those certain lots, tracts or parcels of land situated in Tarrant County, Texas and described as follows, to-wit: All those certain tracts, pieces or parcels of land being situated in the County of Tarrant, State of Texas, described in Exhibit "A" attached hereto • and made a part hereof for all purposes, to which reference is here made for a more particular description of said property; �- � Should one or more of the Grantors herein be natural persons and not joined by the respective spouse, it ' is conclusively presumed that the land herein conveyed is not the '�' " residence or business homestead of such Grantors. Should one or more of the Grantors herein be a legal entity other than a natural person, it shall be conclusively presumed 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. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto, in anywise belonging unto the said City of Grapevine, � Texas, its successors and assigns forever; and Grantors, hereinafter named, whether one or more, do hereby bind themselves, their heirs, executors, administrators, successors and assigns to warrant and forever defend all and singular the said premises unto the said City of Grapevine, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim 'the same or any part thereof. EXECUTED this the day of , A.D. , 1989 . �..q GRANTOR: ASC PACIFIC, INC. �a� By: Printed Name: Title: 0264L/8 _ '� � � � ;,� _ � � ; .� � EXHIBIT "B" , PAGE 2 OF ,6 ' TO ORDINANCE NO. 89-30 STATE OF TEXAS S S COUNTY OF S This instrument was acknowledged before me on the day of , 1969, by as of ASC Pacific, Inc . . �,.m Notary Public in and for the State of Texas My Commission Expires: �`'' I � • �� , I ���, ��� 0264L/9 � EXHIB.IT "B" , PAGE 3 OF 6 ' ' TO ORDINANCE NO. 89-30, WE��E��t ��ALKER�URVEYOR8, INC. 329 SOUTH FANNIN TYLER,TEXAS 75702 Z 1�•6�2-8515 Jame�E W�aver worarw o�a�e 6urvyo� D�nnh H.W�Ik�r Sa��d T�u�Nn 1767 November 17� 1986 Miui.a T�..a..kN 2i�'� ASC PACIFIC, INC. LOT 1 , BLOCK 2 HILL'fOP ADDITION '�"�" P. D. HUDGINS SURVEY, ABSTRACT 755 CITY OF GRAPEVINE TARRANT COUNTY, TEXAS �a;,, 0036 FIELD NOTES FOR 0.0392 ACRES OF LAND BEING 0.0392 acres of land situated in the P. D. Hudgins Survey� Abstract 755� Tarrant Councy, Texea , and being part of that certein land described as Parcel 2 in a deed from Omega Induatries, Inc. , to ASC Pacific, Inc. , da[ed June 10� 1985, and recorded in Volume 8212� Page 1207 of the Deed Records of Tarrant County, Texas , said 0.392 acres of land to be more particularly described by mEtes �nd bounds as follows: BEGINNING at e 1/2" iron pipe found in [he Northweet corner of said ASC Pacific tract , said poin[ being at the intersection of the existing South right- of-way line of Dallas Road and the East right-of-vay line of Jean Street; THENCE North 86° 15' 32" East, a distance of 207.10 feet vith the existing South right-of-way line of Dallas Road and [he North boundary line of said ASC Pacific tract to a S/8" iron rod found for corner at the Northeast corner of said ASC Pacific tract, said point for corner being at the interaec[ion of the existing South right-of-way line of Dallas Road and the West right-of-way line of existing Berry S[reet; � � THENCE South 00° OS' 11" East, a diatance of 41.75 feet with the East boun- dary line of esid ASC Pacific tract and the West right-of-vay line of existing � , Berry Street to a 1/2" iron rod set for corner in the proposed South right-of- way line of Dallas Road (90.00' R.O.W.) and being in a curve to the left whose functions are as follows; an angle of 89° 25' 35", a redius of 33.00 feet, a tangent of 32.67 feet, a length of 51.51 feet and whose chord beara Nor[h 45° 22' 24" West , a distance of 46.43 feet; ?HENCE in a Northwesterly direction and with said curve to the left and said proposed right-of-way line, a diatance of 51.51 feet to a 1/2" iron rod set at the beginning of a curve to the left whose functione are as follows: an angle of 02° 14' 43", a radius of 909.93 feet, a tangent of 17.83 feet, e length 35.66 feet and whose chord bears South 87" 10' 42" Weat, a distance of 35.65 feet; THENCE in a Southwesterly direction with said curve to the left and with the proposed South right-of-way line of said Dallas Road parallel with and 45 feet from the proposed centerline of said Dallae Road, a diatance of 35.66 feet to a 1/2" iron rod set a[ the end of said curve to the left; THENCE South 86° 03' 20" West, a distance of 120.38 feet with the proposed South right-of-way line of said Dallas Road parallel With and 45 feet from the proposed centerline of said Dallas Road to a 1/2" iron rod aet at the beginning of a curve [o the left whoee functione are as folloas: an angle of 93° 51 ' 29", a radius of 18.00 feet, a tangent of 19.25 feet, a length of 29.49 feet end �� vhose chord bears South 42" 59' 05" West, a distance of 26.30 feet; THENCE in a Southwesterly direction with said curve to the left a distance ;�� of 29.49 fee[ to a 1/2" iron rod eet at the end of said curve� said point being in the Wes[ boundary line of said ASC Pacific tract and the East right-of-way line of Jean S[reet; THENCE North 00° OS' 11" fieat, a dietance of 24.89 feet with the West boun- dary line of eaid ASC Pacific tract and the East right-of-wey line of Jean Street back to the place of beginnin end containing 0.0392 actes of land or a 1 ,708.10 equare feet. �• �'� � Dennie A. Walker Regis[ered Public Surveyor DHW/sw State of Texg$ Po.'�2117 62/0.0392 ;: a � ; ,. _: _� � � __ .� : �, REVISED: 11-25-87 Page 1 . '-- � � � � `� � � � EXHIBIT "B" , PAGE 4 OF 6 . ; ; TO ORDINANCE NO. 89-30 Exhibit "A" to EXHIBIT "B" I�ro�os�d R O W. Li^�_ e�*� �,.. a �� J a' � n� I • _, cs — � . o � ROAD � pALLAS � . � . os�d � P o O � .— w �� 2 W W — A N K h Yt 'l'D - O�'. � �� A � O? ��D �n � O m�`0O �'1 v�°,' �j a ca M 1 •� . �- N86' 15' 32" E - 207.10' / UQ R N �' Exisllny R.O.W. Lln� 0.0392 Ac. o� 1708.10 SV• Ft. � E5.66 � Pro os�d R.O.W. Line 0 Vy _ 120.36 --- �------ O S g g 6'O 3_2_ '.._—---- �S p� '�— �Tempo���Y �ons�ru�l�on Eosement O �. ti�O F HILLTOP ADDITtON w Lot I w '"� a � Block 2 O cuRVE �aTn � v � L - e9'25 '35 R _ 3 3 .00 � �,�"` � T : 32 .67 � I L - SI .Si � t!1 I C - N4S'22 24'w'-46 .43 W Z A$C PACIFIC, IfJC, m Q PARCEL 2 �� � = C2' I�'! '4z R = 909.93 � Vol. 8212, Pg. 1?07 T - I 7 .E3 ' D. R., T. Co., Tx. L = 35.66 ' C = SA7• IO'47 'H'-35.65 0036 (3') � = 93'S I 29 � R = I 8.O'J' 1 = 19.25 ' WM. DOOLEY �- ' 29'q9 A-42� C : S42'S9'05"w-26 .3C� NOTE: , a Indicoies �" Iron Rod Sei unless otherwise shown. DALLAS ROAU ' (' I TY �F GRAF�EV I NE SURVEYS AS SHOWN TARRANT COUNTY � TEXAS �.� SCALE : 1 " = 30' � 3 •��l.�.•���.A4���u� •nd co�rAln�lu a� ►���d en IM t��e� Coerdin�l. '�.��.+�. Ne•'�C���ui I�e•. T�• �c�'• lecle� 1� 0.!!!S'165. � :.' F A VE R d !✓ A L KEA S UR V _F Y 0AS , I NC . r., ' ►' L ER , TEXAS PN � 21 4 - 592 - BS1 S M E T R O : B / 7 - 2 6 / - / 9 B 5 ',����'O`'T�•�t I. t'ennls N Ne1kEr, fiegiStfrEd PubliC SurvEynr, do hBrEby Certl{y �' •' `�:� �'•.+ !'��! fhjs pldt wes p�Epdred trom e Survey n►ade on thE yround �r Y •, ..... . .. . . ......... ��^�c' T)' SupErviSlon durjn9 ChE monih of OctoCEr, 1986. � i,►►r��c i��t':�LKFR ' ... ................. '='���' (/.VDER MY HAND d SEAL fh15 the _�»h _ dey o! _ Nov�mber_, 19B6 ,; _ 2117 ,� ,�o- � \c �/ ' rc�'�nf,4t� I . ,.� . . ��/ ��'a C ��1('� F►� ----19_-wSLa.�=-=-�- a'� ...•. ' -� - ' ------- c'enn15 H !✓e1kEr' qcgistEred Public Surveyor • Siete of Texes No. 2117 Page 2 _ _ �# � _ - — r; sdM 2 ' Rev.: II-25-1987 ' "� - _ - _- _ ' - i ,,.i '�.. � w r� n q�)A . ^ • EXHIBIT , "B" , PAGE 5 OF 6 • - TO ORDINANCE NO. 89-30 Exh ' t "A" (Co�tinued) to EXHIBIT "B" �EAVER d�,WALKER SURVEYOR8, INC. 326 30UTH FANNIN TYLER,TEXAS 75702 2/4-5�2-8515 Jaen�s E W�aver D�nM�Fl w�lk�r NpMt�r�d PNbMt Surv�yor Mpy��r�A p�plk iwv r sui.a T....Mo »a� December 15 1987 "'O � waaT....Nv:„� ASC PACIFIC, INC. TRACTS SA, 5A1 6 5 HILLTOP ADDITION P. D. HUDGINS SURVEY, ABSTRACT 755 CITY OF GRAPEVINE � TARRANT COUNTY, TEXAS �"�"' 00 3 7 FIELD NQTES FOR 0.1734 ACltES OF LAND BEING 0.1734 acres of land situated in the P. S. Hudgins Survey, Abetract 1029, Tarran[ County, Texas , and being part of that certain land described as Parcel 3 in a deed from Omega Industries, Inc. , to ASC Pacific� Inc . , dated June 10, 1985� and recorded in Volume 8212� Page 1207 of the Deed Recorde of Tarrant County, Texas , said 0.1734 acrea of land being more particularly described by a�e[es and bounds as follovs: BEGINNING at a 1/2" iron rod found for the Northwest corner of above refer- enced ASC Pacific tract , ssid point being at the intersection of the existing South right-of-way line of Dallas Road and the East right-of-way line of exis[ing Berry Street; THENCE North 87° 52' 10" East, a distance of 137.01 feet with the North boundary line of said ASC Pacific tract and the existing South right-of-Way line of Dallas Road to a 1/2" iron pipe found for an angle corner; THENCE South 73° 28' 48" East� a distance of 151.95 feet with [he North boundary line of said ASC Pacific tract and the existing 3outh right-of-vay line of Dallas Road to a 5/8" iron rod found at [he Noztheast corner of said ASC Pacific tract; �:,� THENCE South 00° 10' 00" East, a distance of 20.37 feet with the East boun- dary line of said ASC Facific tract to a 1/2" iron rod set for corner in the proposed South right-of-way line of Dallas Road (90.00' R.O.W.) ; THENCE North 79° 33' S1" Wes[ , a dietence of 192.05 feet with the proposed - South right-of-way line of said Dallas Road parallel vith and 45 feet from the proPosed centerline of said Dallas Road to a 1/2" iron rod set at the beginning of a curve to the left whose functiona are as follova: an angle of 03° 52' 45" , a radius of 909.93 feet , a tangent of 30.81 fee[, a length of 61 .61 feet and whose chocd bears North 81° 30' 14" West, a distance of 61.59 feet; THENCE in a Northvesterly direction with said curve to the left and with the proposed Sou[h right-of-way line of aaid Dallae Road parallel vith and 45 feet from th� proposed cen[erline of said Dallas Road a distance of 61 .61 feet to a 1/2" iro� rod set at the beginning of a curve to the left Whose functions are as follows: an angle of 84° 23'' 45", a radiva of 33.00 feet, a tangent of , 29.92 feet, a length of 48.61 feet and ahoae chord beara South 47° 42' S6" West, a distance of 44.33 feet; THENCE in a Southwesterly direction aith eaid curve to the left and with the proposed South right-of-vay line of agid De118s Road a dietence of 48.61 feet to a 1/2" iron rod aet for corner in the West boundary line of said ASC � Pacific tract and the East right-of-way •line of said Berry Street; �"` THENCE North 00° OS' 11" West, a diatance of 44.42 feet with the West boun- dary line of said ASC Pacific tract and the East right-of-wey line of exiating Berry Street back to [he place of be inning and containing 0.1734 acres of land or 7 ,554.71 square feet. •�.- .� p_r�,y, \-� _ . • `• ,� Dennie H. Walker "'"'""� Regiatered Public•�$urveyor State of Texae No. 2117 x� ; � � ? OWM/sw � � 6 2/0.17 34 ,°°��,°�, Page 3 '"' - , , EXHIBIT "B" , PAGE 6 ,OF 6 . EXHIBIT "C" , PAGE 2 OF 2 ` . , 97°-04'-35.4 � � N ZE 2�130 I � �� z ,• �e � i �.��rrM .. 1 � � 1 i cn p � ° � _ � , v+ „ , „ � O v► � i �J . Q w , m —_-..—.-- . f . < � I I N • •f . . w f � f �� = U . .. �i O w� �/f w � '� � _ � ' � : rt u[ f tn M t . . . 1?.VC__...� ~ ---- � ..__ � � ',,., . g w �=M , � , :-- - -- - - -�� -- N�� 1 w _ • ' . y �1� O (� li O� I o ! v o; � ! � . I� .� u..; i i• rs� � � a r u� , � �I� " » - � KINO Sj� � � �' p l { 1 t t 1 �'� . � � ,�_ �� .n: ' � I jj 1I � g � N � �iO , � � � � 1 wo , � � ' ' It o• ( � N ��� � t t � � j ' N p p• `� w ��' w ♦ M » � �� � O � ^ O '! �� o � i ��� � � � ' '"�I n s I � I o • rw v :r� � .�, w s 4 1 A = ■ l�Q� J�f � OO f t111t �f� o � � E 2,I 31 - :o ..�,. �.�. . . ,., I o . o �, � —+— O � a �' t f� 5 G " i s ' � � . i � � � o � . : � � � . I —� ^_ ,��'.,. � �.....����������� N � � . _w -. � vo I Op _ - � .�i o OO � � _ , 'I �P£�4 of' P�COPv E . �� � S d , 98�4:N/►�FNT O F � L3E•PrPr cST�e c e r I . �__ ._.�_ ���Pni o F .�o r � ' .___._.._.� ' • --— n= ��COCK � �LtTJP ni � �`� � ' ' 0 � 9oe�r�aN) wa �I . , ao wo V rt � f�1 j�'1 � • ; EXHIBIT "D" , PAGE 1 OF; 2 CONSENT TO AHANDOI�IIKENT .. Mayor William Tate and Members of the Grapevine City Counsel �,:..:� P.O. Box 729 . , Grapevine, Texas 76051 �,:.v� RE: Abandonment of a portion of Berry �treet in connection with Ir��rc�veme.,ts *o Dallas Road Gentlemen and Ladies : � We are the owners of Lot 8 of Block 2, Hilltop Addition, City of Grapevine, Texas, according to the plat thereof recorded in Volume 388-F, Page 37 of the Deed Records of Tarrant County, Texas. This property is contiguous to Berry Street south of Dallas Road. • We have been informed by officials oE the City of Grapevine and others that the City intends to make improvements to Dallas Road, and that a portion of Berry Street will be closed , vacated and abandoned by the City in conjunction with this project . The portion of Berry Street which is to be closed, vacated and abandoned is from the south right-of-way of Dallas Road extending south to a line which is an imaginary extension of the north property line of Lot 6, Block 2, Hilltop Addition . The proposed abandonment area is marked on the attached map. Please accept this letter as our written consent to the proposed closure, vacation and abandonment of the described � portion of Berry Street . We have no objection to the improvement of Dallas Road or to the closure, vacation and abandonment of the described portion oE Berry Street . Sincerely, � Date : ��(/ � `� ay . Venable 943 South Jean Street Grapevine, Texas 76051 ,, Date : �f� �� � Edna Ruth Vena le 943 South Jean Street � Grapevine, Texas 76051 ,�.:,> � WE34JT� �:..P =_ �= a � � j � � � � . EXHIBIT "D" , PAGE 2 !�F 2 , • TO ORDINANCE NO. 89-30 97°-04�-35.4 ' �+ ZE 2�130 I : A � ' �� � � � M�tT[N N I A ' � v� O � � / rn cn �, � r, � O 1 ir ; ' —� . Q e _ � � ---.._.._ � N a w� � � � �� 2 � • � n; O t � w ' ;F 1 z o . j � ; � �__y�ut _ __- 1 . '" T �.:,>,� -- t " __ ' O . _1�'.VC. _ _...� --- --�...__ � w g � '"r ' N�� •` , �-- - i _� � � .�r �y ou= � � il O � � _ :• ��� w � U� � • ! I � + � �� � " - �. KINO gj' a � � � � � � � � � �_ �T�AN 3�': � • � I I 11 1 � g : "a ai Q � � 11 1 1 g �� �� � � � � i 1 O N � � � � �--- � ..N .. 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DRriIN�iGE PiND UTILITY EPiSEPiENT ' STATE OF TEX�IIS s S RNOW PiLL MEN BY THESE PRESENTS: COUNTY OF TARR�NT s THAT aSC Pacific, Inc. , hereinafter referred to as Grantors, Nhether one or more, for and in consideration of the swn of ONE DOLLAR ($1.00) to Grantors in hand paid by the City � � of Grapevine, Texas, the receipt of which is hereby ecknowledqed, and the further consideration of the benefits to be derived by Grantors from the placinq of drainaqe and utility � �� facilities through the premises hereinafter described, have thfa day granted and conveyed, and by these presents do hereby �rant and Convey unto the City af Grapevine, Texas, a mun�.cipal corporation situated in Tarrant County, Texas, a permanent easement to construct, �-econstruct and perpetually maintain . drainaqe and utility facilities and appurtenances including but not limited to sanitary sewer mains, water mains, gas mains, electric poles and lines, and telephone and telegraph poles and lines, or authorize such construction by any contractor or public utility company in, upon and across the following described land, to-wits All that certain tract, piece or parcel of land, lying and beinq situated in the County of Tarrant, State of Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes, to which reference is here made for a more particular description of said property; TO HAVE AND TO HOLD the same perpetually to the City of Grapevine, Texas, its successors and assiqns, toqether with the right and privilege at any and all times to enter said premises, or any part thereof, for the purpose of constructing �:,..� and maintaining said drainage and utility facilities and appurtenances, and for making connections therewith; all upon the condition that the City of Grapevine, Texas, will at all times after doing any work in connection with the construction or repair of said drainage or utility facilities restore the surface of said premises to the condition in which the same was found before such work was undertaken. EXECUTED this the day of , A.D. , 1989 . GRANTOR: � ASC PACIFIC, INC. By: Printed Name: Title: �;� STATE OF TEXAS � S COUNTY OF S - This instrument was acknowledqed before me on the day of , 1989, by as of ASC Pacific, Inc. Notary Public in and for the State of Texas My Commission Expires: 0264L/8 _� � �, _ � �� _ � � EXHIBIT "E" , PAGE 2 (�F 2. , : TO ORDINANCE NO. 89-30 Exhibit "A" to EXHIBIT "E" WALKER & ASSOCIATES SURVEYING, INC. 329 SOUTH FANNIN TYLER,TEXAS 75702 214-592-8515 Dennls H.Walker Reglatared Publlc Surveyor s��� State of Texss No.2117 March 20, 1989 �:, ,., CITY OF GRAPEVINE WM. DOOLEY SURVEY, ABSTRACT 422 E. MOORE SURVEY, ABSTRACT �029 'I P.D. HUDGINS SURVEY, ABSTItACT 755 � CITY OF GRAPEVINE TARRANT COUNTY, TEXAS 3678 FIELD NOTES FOR A 0.54 ACRE DRAINAGE AND UTILITY EASEMENT BEING a 0.54 acre drainage and utility easement situated in the Wm. Dooley Survey, Abstract 442, E. Moore Survey, Abstract 1029, P.D. Hudgins Survey, Abstract 755, City of Grapevine, Tarrant County, Texas, and being a part of that certain Hilltop Addition to the City of Grapevine, Tarrant County, Texas, according to plat of said addition recorded in Volume 388-F, Page 37 of the Deed Records of Tarrant County, Texas; BEGINNING at a point in the proposed South right-of-way line of Dallas Road said point being South 00° 00' 11" East, a distance of 8.75 feet from the Northeast corner of Lot l, Block 2 of the above re£erenced Hilltop Addition; THENCE South 00° 05' 11" East, a distance of 355.45 feet to a point; �'� ' � THENCE North 89° 54' 49" East, a distance of 65.03 feet to a point; ��:� THENCE North 00° OS' 11" West, a distance 352.59 feet to a point in the pro- • posed South right-of-way line o� Dallas Road, said point also being in a curve to the left whose functions are as follows: an Angle of 04° 05' S9", a Radius of 909.93 feet, a Tangent of 32.57 feet and whose Chord bears North 87° 34' 16" West, a distance of 65.10 feet; THENCE in a Northwesterly direction with said curve to the left and the pro- posed South right-of-way line of Dallas Road, a distance of 65.11 feet back to the place of beginning and containing 0.54 acres of land or 23,048.33 square feet. � Dennis A. 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