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HomeMy WebLinkAboutORD 2012-046 ORDINANCE NO. 2012-46 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS,ABANDONING AND VACATING AN 85 FOOT WIDE DRAINGE EASEMENT LOCATED ON LOT 1, BLOCK 1, THE LAKES OF WILLIAMSBURG ADDITION IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 1, Block 1, The Lakes of Williamsburg Addition located at 2950 Mustang Drive, City of Grapevine, Tarrant County, Texas has requested that an 85 foot wide drainage easement bordering the north right of way line of Mustang Drive, 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. 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 the 85 foot wide drainage easement located on Lot 1, Block 1, The Lakes of Williamsburg Addition recorded in Volume 10684, Page 177, DRTCT, described in Exhibit"A", 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 18th day of September, 2012. APPROVED: William D. Tate Mayor ATTEST: 046/AC-14frV Jo•1 . Brown Cit ecretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney State of Texas County of Tarrant Before me, Brenda Queen, Notary Public on this day personally appeared William D. Tate, Jodi C. Brown and John F. Boyle, Jr. known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 18th day of September, 2012. 4„6,_ oe. (9, Notary Signature My Commission Expires: 03/21/2016 + " BRENDA L. QUEEN .no Notary Public y, State of Texas (' 49'0, My Comm.Expires 03-21-2016 , ORD. NO. 2012-46 2 EXHIBIT 6_ To Drd. AD i -46 EA SEMENT ;\13ANDONMENT Page of Drainage Easement Volume 10684, Page 177 BEING a tract of land situated in the Payton E. Splane Survey, Abstract No. I453, being a portion of Lot 1, Block 1, The Lakes of Williamsburg, an Addition in the City of Grapevine, Texas according to the Plat thereof recorded in Cabinet A, Page 3418. Official Public Records, Tarrant County, Texas and being a portion of that certain tract of land conveyed to The Lakes of Williamsberg by Special Warranty Deed recorded in Volume 11618,Page 292,Official Public Records, Tarrant County, Texas and being more particularly described as follows: BEGINNING at a point in the North ROW line of Mustang Drive(an 85'ROW)and the South line of said Lot 1, Block 1,being North 89 degrees 04 minutes 35 seconds West, a distance of 22.11 feet from a 1/2 inch iron rod set at the Southeast corner of said Lot 1 and South 89 degrees 04 minutes 35 seconds East, a distance of 626.89 feet from a 1/2 inch iron rod found at the Southwest corner of said Lot 1 and the Southeast corner of Lot IA, Block 1, Education Center Addition No. 3, recorded in Instrument No. D209306549, Official Public Records, Tarrant County, Texas; THENCE: North 89 degrees 04 minutes 35 seconds West, along the North ROW line of Mustang Drive and the South line of said Lot 1, Block 1, a distance of 85.00 feet to a point for corner; THENCE:North 00 degrees 49 minutes 30 seconds East,departing the North ROW line of Mustang Drive and the South line of said Lot 1, Block 1, a distance of 119.98 feet to a point for corner; THENCE: South 89 degrees 10 minutes 30 seconds East, a distance of 85.00 feet to a point for corner: THENCE: South 00 degrees 49 minutes 30 seconds West, a distance of 120.12 feet to the PLACE OF BEGINNING and containing 0.234 acres of land. August 24, 2012 . Ur. �a,.r 1s .w' LANE J. L. LANE i REGISTERED A ROFESSIONAL LAND °+r I x] 509 BASIS OF BEARINGS The North ROW line of Mustang Drive per plat recorded in Cabinet A, Page 3418, OPRTCT, North 89 degrees 04 minutes 35 seconds West MARY LOUISE GARCIA 11cc76'•;.. COUNTY CLERK `, 100 West Weatherford Fort Worth, TX 76196-0401 ,*�R"'*•''' 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: 9/26/2012 3:02 PM Instrument#: D212237500 OPR 4 PGS $24.00 By: 4.1 D212237500 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. 3repared by: CAMADDOCK