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HomeMy WebLinkAboutItem 19 - Easement AbandonmentMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MAY 18, 2021 SUBJECT: TWO - 10 FOOT WIDE SANITARY SEWER EASEMENT ABANDONMENTS - 2861 PLACID CIRCLE RECOMMENDATION: City Council consider adopting an ordinance abandoning two, 10 foot wide sanitary sewer easements at 2861 Placid Circle on Lot 35-R, Block 4, Placid Peninsula, and take any necessary action. FUNDING SOURCE: BACKGROUND: Property owners located at 2861 Placid Circle have requested the City abandon two, 10-foot wide sanitary sewer easements due to the sanitary sewer being rerouted out of these easements. The two sanitary sewer easements on the property were originally dedicated at different times. One was originally dedicated by Vol. 5527, Pg. 656 D.R.T.C.T, and the smaller portion was dedicated in D218263442 D.R.T.C.T. on November 2018. Staff recommends approval. ORDINANCE NO. 2021-014 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING TWO 10-FOOT WIDE SANITARY SEWER EASEMENTS ON LOT 35-R, BLOCK 4, PLACID PENINSULA TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED WHEREAS, Lot 35-R, Block 4, Placid Peninsula Addition located at 2861 Placid Circle, City of Grapevine, Tarrant County, Texas has requested that two (2) 10-foot wide sanitary sewer easements on said lot, as herein after described, be abandoned and vacated; and WHEREAS, these easements were originally dedicated to the City as 10-foot wide sanitary sewer easements by separate instrument in Vol. 5527 PG. 656 D.R.T.C.T. and by separate easement in D218263442; and WHEREAS, the applicant has received signatures from the Water/Wastewater Collection Superintendent and the Director of Public Works. The easements are not needed for sanitary sewer use and will not be needed in the future for public use; and WHEREAS, abandoning and vacating the said easements 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 Chapter 211 of the Local Government Code; 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 all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the 0.0277 acre sanitary sewer easement and the 0.0076 acre sanitary sewer easement located on Lot 35-R, Block 4, Placid Peninsula 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 easements are 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 maintaining such easements create 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 18th day May, 2021. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C. G. Boyle City Attorney Ordinance No. 2021-0014 2 EXHIBIT "A" PARTIAL SANITARY SEWER LINE EASEMENT ABANDONMENT CITY OF GRAPEVINE TARRANT COUNTY, TEXAS BEING a 0.0277 acre tract of land located in the G.B. Chancellor Survey, Abstract Number 390, City of Grapevine, Tarrant County, Texas, said 0.0277 acre tract being a portion of LOT 35-11, BLOCK 4, PLACID PENINSULA, being an Addition to the said City and State, according to the plat thereof filed for record in Cabinet A, Page 6648, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said 0.0277 acre tract also being a portion of a certain tract conveyed to SCOTT WHITE and CHRISTY WHITE, by deed thereof filed for record in Tarrant County Clerk's Instrument Number (T.C.C.I. NO.) D21821034, Official Public Records, Tarrant County, Texas, said 0.0277 acre tract being a portion of that same 10 foot wide Sanitary Sewer Easement conveyed to the City of Grapevine, by deed recorded in Volume 5527, Page 656, Deed Records, Tarrant County, Texas, said 0.0277 acre tract being more particularly described by the metes and bounds as follows: COMMENCING at a mag nail in concrete post found (controlling monument) at the southeast lot corner of said Lot 35-R, same being the northeast lot corner of Lot 36-R, Placid Peninsula, Section A, being an Addition to the said City and State, according to the plat thereof filed for record in Volume 388-150, Page 35, P.R.T.C.T., said commencing point also being on the west right-of-way line of Placid Circle (being a 50 foot wide public right-of-way at this point); THENCE along the southerly lot line of said Lot 35-R and along the northerly lot line of said Lot 36-R the following courses and distances: North 71°24'41" West, 101.09 feet to a 5/8 inch iron rod found (controlling monument); South 89°03'49" West, 86.33 feet to the POINT OF BEGINNING, said beginning point being at the southeast corner of the said sanitary sewer easement, said beginning point also having a NAD83 North Central Texas Zone (4202) grid coordinate of N: 7,039,810.67 and E: 2,394,241.91; THENCE South 89°03'49" West, along said lot lines, 11.75 feet to the southwest corner of the said easement, said corner being North 89"03'49" East, 355.38 feet from a 5/8 inch iron rod found (controlling monument) at the northwest lot corner of said Lot 36-R; THENCE North 37036'40" East, departing the said lot lines and along the westerly line of the said easement, over and across said Lot 35-R, 128.17 feet to the intersection of the said easement line with a north lot line of said Lot 35-R, same being the southwest lot corner of Lot 34-R of said Block 4; THENCE South 75°52'44" East, along said lot lines, 10.81 feet to the intersection of the said lot lines with the easterly line of the said sanitary sewer easement; THENCE South 37°56'36" West, departing the said lot lines and along the said easement line, over and across said Lot 35-R, 125.16 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 0.0277 acres (1,207 square feet) of land, more or less. The bearings recited herein above are based on a local coordinate system based on NAD83 Texas North Central Zone 4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc.) I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description accurately sets out the metes and bounds description of the easement tract described herein. �� OF T T'sR�� P •�6 t :Q * :9tP RIC S.�SPOONER.11-11-19 ...................... (A� Eric 5. e , RPLS Date 1 5922 �;�o,�oa" eSpooner & Associates, Inc. . E$ s! . �yo 3URJ Texas Registration No. 5922 TBPLS Firm No. 10054900 PARCEL 2 — EXHIBIT "A" — WHITE — PAGE I of 4 Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner@spoonersurveyors.com - S&A 19109 n MAP OF EXHIBIT "A" THE BEARINGS SHOWN HEREON ARE BASED ON A LOCAL LOT 33 R, BLOCK4, / / / COORDINATE SYSTEM BASED ON NAD83, TEXAS NORTH CENTRAL SEEATTACHED METES & BOUNDS PLACID PENINSULA / / / / ZONE 4202, DERIVED FROM GPS RTK OBSERVATIONS USING THE DESCRIPTION ON PAGE 1 HEREIN CABINET A, PAGE 6648, / / / / / / NORTH TEXAS VRS NETWORK (ALLTERRA CENTRAL, INC.) P.R.T.C.T. / / / LINE TABLE / EX. 10' SANITARY SEWER ESMT. NO. DIRECTION DIST. / L2 VOL. 5527, PG. 656, LOT34-R, BLOCK4, 7 D.R.T.C.T. PLACID PENINSULA L1 S89°03'49'W 11.75' CABINETA, PAGE 6648, --- L2 S7505244"E 10.811 -------T P.R.T.C.T. EX. 15'UTILITYESMT. 0 15 30 CAB. A, SLIDE 6648, / / / _ LOj ` P.R.T.C.T GRAPHIC SCALE IN FEET `'� / III =30' /�� jryh:` EXHIBIT "A 10' WIDE OWNER 7 SANITARY SEWER ESMT. / �i/ SANITARY SEWER LINE SCOTT WHITE and T.C.C. C.C.I. NO. D218263442, y� EASEMENTABANDONMENT CHRISTY WHITE D.R.Tc.r. /� so 0.0277ACRES (1,207 S.F.) T.C. C.I. NO. D21821034, /l ?lb/ BEING A PORTION OFAN EXISTING O.P. R. T. C. T. / SANITARY SEWER EASEMENT FILED FOR / RECORD IN VOL. 5527, PG. 656, D.R. T.C. T. EX 5' UTILITY ESMT. / / / / / t ;s CAB. A, SLIDE 6648, P.R. T.C.T. /.h,7B�T A 518"IRF LOT 35-R, BLOCK4, l ! �' Z - — — — �— — —LOT LINE.. \ 9� — — S89°0349"W 86.33' — — — A(CM) PLACID PENINSULA l CABINETA, PAGE 6648, /l Q --....:..„............... P.R. T.C.T. aJ IRF POINT OF N89°03 49 E / L �/ BEGINNING LOT 36-R �� ?q4j 355.38' / PLACID PENINSULA, I (CM) / / N.• 7,039,810.67 SECTIONA E.• 2,394,241.91 VOLUME 388-150, PAGE 35, I / / (NAD83-GRID) P.R.T.C.T. ����l(� J EASEMENT PROPOSEDI / / EX 10'SANITARYSEWERESMT. A(�co6R BYSEPARATE �'�/ VOL. 5527, PG. 656, D.R.T.C.T. ^�° .06-r A © ' MAGNAIL FOUND IN / TO BEABANDONED BY ° POINT OF `-CONCRETE POST INSTRUMENT / f SEPARATE INSTRUMENT COMMENCING (CM) EXHIBIT "A" SPOONER& I O'WIDE SANITARY SEWER LINE P�;•° ER.'.�+ EASEMENT ABANDONMENT TES aQo�srm�w�onssw wmwamo"s ...................... CITY OF GRAPEVINE AJIMIM'�x= = i•»; :!'�1+1 •• ERICS. SPOONER ...................... TARRANT COUNTY TEXAS 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039 922 (817) 685-8448 WWW.SPOONERSURVEYORS.COM ' pqc PROPERTY: LOT 35•R, BLOCK 4, PLACID PENINSULA, CABINET A, PAGE 6648, P.RT.C.T. TBPLS FIRM NO. 10054900 19109 PARCEL 2 EXHIBITA&g DRAWN BY: R. OSMENTI CHECKED BY: E. SPOONER PAR. 2 '•• WHITE -- EXH "A" -- PG. 2 OF 4 EXHIBIT "A" PARTIAL SANITARY SEWER LINE EASEMENT ABANDONMENT CITY OF GRAPEVINE TARRANT COUNTY, TEXAS BEING a 0.0076 acre tract of land located in the G.B. Chancellor Survey, Abstract Number 390, City of Grapevine, Tarrant County, Texas, said 0.0076 acre tract being a portion of LOT 35-11, BLOCK 4, PLACID PENINSULA, being an Addition to the said City and State, according to the plat thereof filed for record in Cabinet A, Page 6648, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said 0.0076 acre tract also being a portion of a certain tract conveyed to SCOTT WHITE and CHRISTY WHITE, by deed thereof filed for record in Tarrant County Clerk's Instrument Number (T.C.C.I. NO.) D21821034, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0076 acre tract being all of that same Sanitary Sewer Easement conveyed to the City of Grapevine, by deed recorded in T.C.C.I. NO. D218263442, O.P.R.T.C.T., Texas, said 0.0076 acre tract being more particularly described by the metes and bounds as follows: COMMENCING at a mag nail in concrete post found (controlling monument) at the southeast lot corner of said Lot 35-R, same being the northeast lot corner of Lot 36-R, Placid Peninsula, Section A, being an Addition to the said City and State, according to the plat thereof filed for record in Volume 388-150, Page 35, P.R.T.C.T., said commencing point also being on the west right-of-way line of Placid Circle (being a 50 foot wide public right-of-way at this point); THENCE along the southerly lot line of said Lot 35-R and along the northerly lot line of said Lot 36-R the following courses and distances: North 71"24'41" West, 101.09 feet to a 5/8 inch iron rod found (controlling monument); South 89`03'49" West, 74.75 feet to the POINT OF BEGINNING, said beginning point being at the most easterly southeast corner of the said easement, said beginning point also having a NAD83 North Central Texas Zone (4202) grid coordinate of N: 7,039,810.86 and E: 2,394,253.48; South 89°03'49" West, 21.79 feet to a southwest corner of the said easement from which a 5/8 inch iron rod found (controlling monument) at the northwest lot corner of said Lot 36-R bears South 89003'49" West, 356.92 feet; THENCE departing the said lot lines and along the said easement, over and across said 35-R the following courses and distances: North 63'37'15" West, 24.65 feet to a point for corner in said easement, same being the beginning of a non -tangent curve to the right having a radius of 495.00 feet; Along said curve to the right, an arc length of 10.25 feet, and across a chord which bears North 39°10'42" East, a chord length of 10.25 feet to a point for corner of the said easement; South 63°37'15" East, 41.74 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 0.0076 acres (332 square feet) of land, more or less. The bearings recited herein above are based on a local coordinate system based on NAD83 Texas North Central Zone 4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc.) I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description accurately sets out the metes and bounds description of the easement tract described herein. (CAOF6TFf-Eric S. S e , PLS Date 922 Spooner Associates, Inc. 010, R- Texas Registration No. 5922 U P�E't TBPLS Firm No. 10054900 PARCEL 2 — EXHIBIT "A" — WHITE — PAGE 3 of 4 Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner®spoonersurveyors.com - S&A 19109 THE BEARINGS SHOWN HEREON ARE BASED ON A LOCAL l�.lt`u OF EXHIBIT "A" / COORDINATE SYSTEM BASED ON NAD83, TEXAS NORTH CENTRAL LOT 33-R, BLOCKA ZONE 4202, DERIVED FROM GPS RTK OBSERVATIONS USING THE PLACID PENINSULA / NORTH TEXAS VRS NETWORK (ALLTERRA CENTRAL, INC.) SEEA7TACHED METES &BOUNDS CAB/NETA, PAGE 6648, � / \ ' DESCRIPTION ON PAGE 3 HEREIN P.R.T.C.T. N / EX. 10'SANITARY \ CURVE TABLE — '- SEWER ESMT. LOT 34-R, BLOCKA f� , VOL. 5527, PG. 656, PLACID PENINSULA NO. RADIUS ARC CHORD I CHORD _ D.R.T.C.T. CABINETA, PAGE6648, LENGTH DIRECTION LENGTH 1 P.R.T.C.T. C1 495.00' 10.25' N39'10'42"E I 10.25' 0' 15' 30' f ' ' — EX 15'UTILITYESMT. f / 1 _ LINE TABLE / CAB. A, SLIDE 6648, EX. 10' SANITARY SEWER ESMT NO. DIRECTION DIST. 1 �/ P.R.T.C.T GRAPHIC SCALE IN FEET / , / / VOL. 5527, PG. 656, D.R.T.C.T L1 S89003149"W 21.79' / TO BEABANDONED BY L2 N63°37'15"W 24.65' 1 = 30 / / / j j j SEPARATE INSTRUMENT L3 S63037'15"E 41.74' EXHIBIT "A" — PARTIAL / SANITARY SEWER ESMT. / j / SANITARY SEWER LINE OWNER l T.C.C.I. NO.0218263442, / EASEMENT ABANDONMENT WHITE and l D.R.T.C.T. / / SCOTT 0.0076 ACRES — (332 S.F.) CHRISTY WHITE l / BEING A PORTION OFAN EXISTING T.C,C.I. NO. D21821034, l fi SANITARY SEWER EASEMENT O.P.R.T.C.T. l `� Ex. 5' UTILITYESMT. / / � j / FILED FOR RECORD IN T.C.C.I. NO. 0 / D218263442, D.R.T. C. T. LOT 35-R, BLOCK A l �. � CAB. A, SLIDE 6648, / G �� j j t \ P.R.T.C.T / `l3 / — , — 5/8 IRF PLACID PENINSULA / p V 4 — — _ �— +— — -` — — 989°0349"W- 74.75' (C�) CABINET A, PAGE 6648, l ['1 v _ — — LOTLINE q �? _ P.R.T.C.T. I r�t�la �......................... ...... � ............... 518 IRF / L7 POINT OF LOT 36-R �� S89°03'49"W / BEGINNING 1p� 356.92' PLACID PENINSULA, pg. / - (6.9 ` / N. 7,039,810.86 E: 2,394,253.48 J VOLUME388-I�0, PAGE35, Y / (NAD83 - GRID) P.R.T.C.T �O( ��(NJ� AG NAIL FOUND IN PROPOSED / EX 10'SANITARY SEWER ESMT a�° cHAmcENo. 3�� POINT OF '`MCONCRETEPOST EASEMENT o VOL. 5527, PG. 656, D.R.T.C.T BY SEPARA TE - - TO BE ABANDONED BY ABSTRACTCOMMENCING (CM) INSTRUMENT SEPARATE INSTRUMENT 11-11-19 EXHIBIT "A" SPvNER �E of T PARTIAL SANITARY SEWER LINE •r co �� .� EASEMENT ABANDONMENT +�,�� .�+ a yr -i„s7 .►^�Ly l ......................... ... ERICSSPOONER CITY OF GRAPEVINE �—' 5922 6039 TARRANT COUNTY, TEXAS 309 BYERS STREET, SUITE ON RSURV, TEXAS OM (817)685.8448 WWW.SPOONERSURVEYORS.COM TBPLS FIRM NO. 10054900 R PROPERTY: LOT 35A, BLOCK 4, PLACID PENINSULA, CABINET A. PAGE 6648, P.R.T.C.T. 19109 PAR 2 EXHIBIT A.dw9 DRAWN BY: R. OSMENT CHECKED BY: E. SPOONER PAR. 2 WHITE " EXH "A" ~ PG. 4 OF 4