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HomeMy WebLinkAboutItem 11 - The Bluffs at Grapevine AdditionMEMOTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: OCTOBER 20, 2020 SUBJECT: 10-FOOT WIDE UTILITY EASEMENT ABANDONMENT RECOMMENDATION: City Council consider adopting an ordinance abandoning a 10-foot wide utility easement on Lot 1A1, Block 1, The Bluffs at Grapevine Addition, and take any necessary action. FUNDING SOURCE: BACKGROUND: The property owner located at 1776 State Highway 26 has requested the City abandon a 10- foot wide utility easement. A sanitary sewer force main in the 10-foot wide utility easement has been rerouted due to the new development. The 10-foot utility easement was originally dedicated by Vol. 9833, Pg. 0219 D.R.T.C.T. The public franchise companies approve of the abandonment. Staff recommends approval. ORDINANCE NO. 2020-050 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 10- FOOT UTILITY EASEMENT ON LOT 1A1, BLOCK 1, THE BLUFFS AT GRAPEVINE ADDITION TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; AND DECLARING AN EMERGENCY WHEREAS, Lot 1A1, Block 1, The Bluffs at Grapevine Addition located at 1776 State Highway 26, City of Grapevine, Tarrant County, Texas has requested that a 10-foot Utility Easement of said lot, as herein after described, be abandoned and vacated; and WHEREAS, this easement was originally dedicated to the City as a 10 foot Utility Easement by separate instrument from Vol. 9833 PG. 0219 D.R.T.C.T.; and WHEREAS, the applicant has received signatures from all public franchise utility companies and 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; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the 0.2283 acre Utility Easement located on Lot 1A1, Block 1, The 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 day of 20th October, 2020. APPROVED: ___________________________ William D. Tate Mayor ATTEST: ___________________________ Tara Brooks City Secretary APPROVED AS TO FORM: ___________________________ City Attorney Ordinance No. 2020-050 2 Exhibit 3 North 66 degrees 33 minutes 57 seconds East, a distance of 158.51 feet to a point on the north line of said Lot 1A1; THENCE, North 89 degrees 41 minutes 01 seconds East, along the north line of said Lot 1A1, a distance of 25.48 feet to the POINT OF BEGINNING and CONTAINING 0.2283 of an acre or 9,946 square feet of land, more or less. Notes: 1. Bearings are based on the Texas State Plane Coordinate System, North Central Zone (4202), North American Datum 1983 (2011). All distances are surface distances. 2. An exhibit map of even date herewith accompanies this metes and bounds description. I certify that this survey was performed on the ground under my supervision. For Huitt-Zollars, Inc. cep. lIITCNELL SAGUN.PILLAR ............................ Mitchell S. Pillar Registered Professional Land Surveyor Texas Registration No. 5491 Huitt-Zollars, Inc. TBPELS Firm Registration No. 10025600 1717 McKinney Ave., Suite 1400 Dallas, Texas 75202 (214) 871-3311 Date: September 22, 2020 3of3 J:\Survey\R312986.01 - Silverlake ALTA\WP\Easement Abandonment 2.docx