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Home My WebLink AboutORD 1987-042 r V� �v/ ORDINANCE NO. 87-42 AN ORDINANCE ABANDONING AND VACATING A PORTION OF A DRAINAGE AND UTILITY EASEMENT LOCATED ON LOT 7 , BLOCK 6 , DOVE LANDING, PHASE II, IN THE CITY OF GRAPEVINE , TEXAS , AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY �_ � CLAUSE; AND DECLARING AN EMERGENCY �::,.,« WHEREAS, the owner of a tract of land located in the Dove Landing Addition, Phase II, in the City of Grapevine, Texas, has requested that a portion of a drainage and utility easement, as hereinafter described, be abandoned and vacated; and WHEREAS, the portion of said drainage and utility easement, as hereinafter described, is not needed for public use and will not be needed in the future for public use; arid WHEREAS, abandoning and vacating this portion of said drainage and utility 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 l . That a portion of the City of Grapevine drainage and utility easement as recorded in Volume 388-185 , Page 42 of the Tarrant County Plat Records, and as shown in Exhibit "A" , attached hereto and made a part hereof (a portion of Lot 7, � '' Block 6, Dove Landing Addition, Phase II) , is hereby abandoned and vacated for public use and �he same is hereby abandoned and �.:� vacated insofa� as all public right, title, and interest in and to said described portion of said drainage and utility easement is concerned. Section 2 . 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 3 . The fact that this portion of said drainage and utility 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 CIT�;� OE-- _,�N� GRAPEVINE, TEXAS on this the 21st day of July , Y987 . �. ' ` �.: `, � � APPROVED: ' ��'� �� °,�.; �'�. -� ,.. � � � `_ �:�'� s� � .,. ;� .� f , Mayor �"' �� r� �i' ;��,.: , uo�. 9 0 6 0 P6. 18 '7 ATTEST: City Secretary APPROVED AS TO FORM: ---_. � City Attorney � d i ao�. 9 0 S 4 Ps. 18 8 � �� EXHIBIT "A" , PAGE 1 TO � . ` ' SIIR�'El' PL.AT �'� I!IJI � Il�\'t'. I� �i.l'. 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S!'UtiSIHLi TC'i C�THF:R� 1•OK ANl' LOSS Ff1 Sl'Ll l!�(; l�lll�Kl ! kt)M1t An.: tir: :�t�t lirre•.�i� i+ :� tru.'.,•��trc::.and ac.•uratr rrrrc.cntation�; thr ptopertc��dctrr� m��e� h� wr��e�. ch�� linr. and dimra�um• �•f ��i�! �n,!,cri� h�in: ,,, mJ�:.+te�f 1�•, thc rlal. tl�r a%c. lucatiun. enA �ynr ��t huilOinX� sn� � imi�i��<<�mrr:t, arc �� ch_�µ•r. a;l r.n��r,,�rm�•n!� nrin_ �ctti�ir. u�� i:"::n:l::nc.��t th� pr��nert�, .r� i,a�l. irc,r.: ��i�,�,rn� linr� �hr ;Siswr.c. iniir i .atc:i ern; tl;�i th�iictanr, tr��m th� n�:nr,. , i�•,rr.�.:iu: ,u�.�` ., .u��. i,�• .hm�r�,o >�i: nla; i FX(�i�Pl AS`Hl�1l\ iHl R! \!'I 1li \ I�IhLI 1 '�� Rl)•1!'ll�ll '.1� �1F 1'k;�IKl11�!'�� \P!':1k! \! 11\ 'INI l�ROi \��. �..AIt �n-_2_S[__' __ ' _ � �•. /�' i,.�• --1--�?�e 6---- —.. ;. ��yc �� ,C� � �. , 8 I I`�O _--------- . • . . ke�t�>�e�c.1 f'uhh, tiurve.•nr \�. ?r11T : — -- --- _._ ', i.1'I 1 �•rn,t:�k a,r 4J� �.a��, �. ... __ _� � _ . _ _._ - -- --��.: __�_ .au��n-�� $ � _ . -� • . � EXHIBIT "A" , PAGE 2 TO � � ORDINANCE NO. 87-42 � � BEING a part of Lot 7, Block 6, Dove Landing Phase Two, an addition to the city of Grapevine, Texas according to the plat record in Volume 388-185 at , Page 42 of the Deed Records Tarrant County, Texas and being more particularly described as follows; s� - COMMENCING at an iron rod found for the Southeast corner of said lot 7, being a point in the Northwest line of Overlook Drive; �_��» THENCE Southwesterly, along said Northwest line and with a curve to the left having a radius of 50.0 feet, a central angle of 08 deg. 37 min 02 sec, and a tangent bearing of South 83 deg. 03 min 28 sec West, an arc distance of 7.52 feet to the Southwest corner of a 7.5 foot drainage and utility easement as platted in said Volume 388-185 at Page 42; THENCE North 07 deg 04 min 31 sec West, along the West line of said easement, a distance of 23.94 f eet to the POINT OF BEGINNING; THENCE North 07 deg 04 min 31 sec West, a distance of 4.24 feet; THENCE South 29 deg 02 min 45 sec East, a distance of 3.93 feet; THENCE South 60 deg 57 min 15 sec, a distance of 1.59 feet to the POINT OF BEGINNING. �:: � � . �' � � � VOL. 9O6O PG. �. y � , EXHIBIT "A" , PA�E 3 TO x ORDINANCE NO. 87-42 � RELEASE AND 1NDEMNITY AGREEMENT � WHEREAS, Braewood Development Corp., ("Braewood"), a Texas corporation is the owner of Lot 7 in Block 6 of Dove Landing Phase Two, (the "Lot ") an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded in Volume 388-185 at Page 42 of the Deed Recards of Tarrant County,Texas; and WHEREAS, Braewood has completed construction of a two story brick house (the "House") on the Lot, with the House having a street address of 1717 Overlook Drive; and WHEREAS, according to a Survey Plat dated September 22, 1986, (attached hereto as Exhibit "A") prepared by W. R. Lee, a Registered Public Surveyor, the southeast corner of the House extends into a 7.5' drainage and utility easement (the "Easement") granted to the City of Grapevine,Texas; and � � WHEREAS, the above-referenced extension is approximately 1.5' into the Easement (said extension being hereafter referred to as the "Encroachment"); and '�rv�°� WHEREAS, the Encroachment does not affect any existing drainage structure or sanitary sewer line in the Easement; and WHEREAS, Braewood requests that the City of Grapevine approve the location of the House on the Lot: NOW, THEREFORE,for and in consideration of the foregoing and ten dollars and other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, including but not limited to the acceptance by the City of Grapevine of the House and its location on the Lot, Braewood, its successors and assigns covenant and agree to indemnify and hold harmless (the "Indemnification") the City of Grapevine for any and all claims, damages, harm, injury, and judgments, including court costs and reasonable attorneys' fees, resulting from the construction and placement of the Encroachment in the Easement upon which the Encroachment exists. �� RELEASE AND INDEMNITY AGREEMENT Page 1 �0�. 906 � Qs. �. 92 ' EXHIBIT "A" , PAGE 4 TO , ORDINANCE NO. 87-42 _._,�.-,� This Indemnification will also extend to any damages to the House caused by the Encroachment, ' �' whether caused by maintenance of the Easement or any other intended use of the Easement. ; _.. Braewood,its successors and assigns further covenant and agree to release and hold harmless the City of Grapevine from any and all claims,damages,harm,injury, and judgments,including court costs and reasonable attorneys' fees, suffered by Braewood, its successors and assigns, arising out of and resulting from the construction and placement of the Encroachment in the Easement and from the City of Gra�evine vacating that portion of the Easement upon which the Encroachment exists. This Release and Indemnification shall continue in full force and effect during the interim period between its acceptance by the City Staff and ratification by the City Council and will continue after passage of an ordinance by the City Council vacating that portion of the Easement in which the Encroachment exists. �� -- IN WITNESS WHEREOF, this Release and Indemnification has been executed this �Y� day of , 1987. BRAEWOOD DEVELOPMENT CORP. a Texas Corporation J By: . `Nilliam A.Orton Vice President ;� � � �� RELEASE AND INDEMI�TTTY AGREEMENT Page 2 vo�. 9 O 6 O P6. 19 i