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HomeMy WebLinkAboutItem 24 - Sanitary Sewer Easement AbandonmentMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: JULY 20, 2021 SUBJECT: SANITARY SEWER EASEMENT ABANDONMENT RECOMMENDATION: City Council to consider adopting an ordinance abandoning a 10-foot wide sanitary sewer easement on Lot 36-R, Placid Peninsula, Section A located at 2859 Placid Circle and take any necessary action. FUNDING SOURCE: BACKGROUND: The property owners located at 2859 Placid Circle have requested the City abandon a 10-foot wide sanitary sewer easement due to the sanitary sewer line being rerouted by the City in 2019. The Sanitary Sewer Easement on the property was originally dedicated by Vol. 5466, Pg. 875 D.R.T.C.T. Staff recommends approval. ORDINANCE NO. 2021-029 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 10- FOOT WIDE SANITARY SEWER EASEMENT ON LOT 36-R, PLACID PENINSULA, SECTION A TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner for Lot 36-R, Placid Peninsula Addition, Section A located at 2859 Placid Circle, City of Grapevine, Tarrant County, Texas has requested a 10-foot wide sanitary sewer easement on said lot, as herein after described, be abandoned and vacated; and WHEREAS, this easement was originally dedicated to the City as 10-foot wide Sanitary Sewer Easement by separate instrument in Vol. 5466 PG. 875 D.R.T.C.T. and WHEREAS, the applicant has received signatures from the Water/Wastewater Collection Superintendent and the Director of Public Works. The easement is not needed for sanitary sewer 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 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 0.0238 acre Sanitary Sewer Easement located on Lot 36-R, Placid Peninsula, Section A in Exhibits "A" Pages 1, 2 and 3, 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 maintaining such easement 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 20th July, 2021. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C. G. Boyle City Attorney Ordinance No. 2021-029 2 EXHIBIT "A" 10' WIDE SANITARY SEWER LINE EASEMENT ABANDONMENT CITY OF GRAPEVINE TARRANT COUNTY, TEXAS BEING a 0.0238 acre tract of land located in the G.B. Chancellor Survey, Abstract Number 390, City of Grapevine, Tarrant County, Texas, said 0.0238 acre tract being a portion of LOT 36-11, 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, Plat Records, Tarrant County, Texas (P.R.T.C.T.), said 0.0238 acre tract also being a portion of a certain tract conveyed to MARSHA L. COKER & JOHN H. WOODSON, by deed thereof filed for record id -Tarrant County Clerk's Instrument Number (T.C.C.I. NO.) D208134364, Official Public Records, Tarrant County, Texas, said 0.0238 acre tract being all of that same 10 foot wide Sanitary Sewer Easement conveyed to the City of Grapevine, by deed recorded in Volume 5466, Page 875, Deed Records, Tarrant County, Texas, said 0.0238 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 northeast lot corner of said Lot 36-R, same being the southeast lot corner of Lot 35-R, 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, 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 northerly lot line of said Lot 36-R and along the southerly lot line of said Lot 35-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 northeast 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 departing the said lot lines and along the easterly line of the said easement, over and across said Lot 36-R the following courses and distances: South 37°56'36" West, 0.87 feet to a northeast corner of the said easement; South 30"40'11" West, 67.36 feet to an angle point in the said easterly easement line; South 14'12'11" West, 36.01 feet to the most southerly southeast corner of the said easement, said point being on the south lot line of said Lot 36-R, same being the north property line of a called 1.517 acre tract of land conveyed to Masha L. Coker, by deed thereof filed for record in T.C.C.I. NO. D208134364, O.P.R.T.C.T., said point being South 89"09'29" West, 94.74 feet from a 2 inch pipe found (controlling monument) at a south lot corner of said Lot 36-11; THENCE South 89"03'49" West, along said lot line and along said property line, 10.36 feet to the most southerly southwest corner of the said easement; THENCE departing said lot line, the said property line and along the westerly line of the said easement, over and across said Lot 36-R the following courses and distances: North 14"12'11" East, 40.16 feet to an angle point in the said westerly easement line; North 30'40'11" East, 62.64 feet to a northwest corner of the said easement; PARCEL 1 — EXHIBIT "A" — COKER & WOODSON — PAGE 1 of 6 Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 917-685-8448 - espooner@spoonersurveyors.com - S&A 19109 EXHIBIT "A" 10' WIDE SANITARY SEWER LINE EASEMENT ABANDONMENT CITY OF GRAPEVINE TARRANT COUNTY, TEXAS North 37'36'40" East, 0.88 feet to the most northerly northwest corner of the said easement, said point being on the said north lot line of Lot 36-R, same being the said south lot line of Lot 35-R from which a 5/8 inch iron rod found (controlling monument) at the northwest lot corner of said Lot 36-R bears South 89"03'49" West, 355.38 feet; THENCE North 89°03'49" East, along the said lot lines, 11.75 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 0.0238 acres (1,039 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. Eric S. Sp er, RPLS Spooner & Associates, Inc. Texas Registration No. 5922 TBPLS Firm No. 10054900 ��• OF T LpG 1 R`c0 CO'Q�N . .......................... ERIC S. SPOONER 2/26/21 .................. Date t 5922 `�O 9 S.UR PARCEL 1 — EXHIBIT "A" — COKER & WOODSON — PAGE 2 of 6 Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner@spoonersurveyors.com - S&A 19109 SANITARY SEWER ESMT. TC.C.I. NO. D218263442, D.R.T.C.T.� / EX.5'UTILITYESMT. CAB. A, SLIDE 6648, / (CM) ' P.R.T.C.T. / S89"03'49"W L8 ---� — 355.38' --f --- l�............... 4 , + I I I �j I I vet/ PROPOSED SANITARY SEWER EASEMENT BYSEPARATE INSTRUMENT I I I) L4 0' 15, 30' I GRAPHIC SCALE IN FEET 1" = 30' i X. 10' SASEWER ESMT. / VOL. 5527, PG. PG. 656, D.R.T.C.T. / TOBEABANDONEDBY LOT35-R,BLOCK4, SEPARATE INSTRUMENT PLACID PENINSULA / POINT OF CABINETA, PAGE 664 I 5/8"lRF N. 703y,810.67 (CM) E: 2,394,241.91_ — — — — NAD83 - GRID-, — R - S89"0349W - 86.33' LOT 36-R PLACID PENINSULA, SECTIONA VOLUME 388-150, PAGE 35, P.R.T.C.T. EXHIBIT 'A"-10' WIDE SANITARY SEWER LINE EASEMENTABANDONMENT 0.0238ACRES - (1,039 S.F.) ALL OF EASEMENT FILED FOR RECORD IN VOL, 5466, PG. 875, D.R.T.C.T. 2'lPF LOT LINE---. k (CM) S89"0979"W - 94.74' CALLED. 1.517ACRES MARSHA L. COKER B JOHN H. WOODSON T.C.C.I. NO. D208134364, O.P.R.T.CT. EXHIBIT "A" I O' WIDE SANITARY SEWER LINE EASEMENT ABANDONMENT CITY OF GRAPEVINE TARRANT COUNTY, TEXAS OWNER MARSHA L. COKER & JOHN H. WOODSON T.C.C.I. NO, D208134364, O.P.R. T.C. T. LINE TABLE NO. DIRECTION L1 S37"5636"W L2 S30"40'11"W L3 S14"12'11"W L4 S89"03'49"W L5 N14"12'11"E L6 N30"40'11"E L7 N37"36'40"E LB N89"0349"E e MAP OF EXHIBIT "A" SEEATTACHED METES & BOUNDS DESCRIPTION ON PAGE 1 & 1 HEREIN OWNER SCOTT WHITE and CHRISTY WHITE I T C-Cf. NO. D2fe21034, / O.P.R.T.C.T. / J/ POINT OF COMMENCING MAG NAIL FOUND IN CONCRETE POST (CM) J DIST. 0.87' 67.36' 36.01' 10.36' 40.16, 62.64' 0.88' 11.75' O' Ca rr �K;7i i0 LOT BLOCKQ THE BEARINGS SHOWN HEREON ARE BASED ON A LOCAL PLACIDD PENINSULA COORDINATE SYSTEM BASED ON NAD83, TEXAS NORTH CENTRAL VOLUME 388-0, PAGE 61, ZONE 4202, DERIVED FROM GPS RTK OBSERVATIONS USING THE P.R. T. C. T. NORTH TEXAS VRS NETWORK (ALLTERRA CENTRAL, INC.) :SPOONER& AMOCIATES rwwu.sum. �r1•I.7;lL� � 7 �1;1.'1r17.1 a;�4lM � 309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039 (817)685-8448 WWW.SPOONERSURVEYORS.COM TBPLS FIRM NO. 10054900 PROPERTr. LOT 36-R, PLACIn PPNINSULA, SECTION A, VOLUME 388-150, PAGE 35. P.R.T.FT. 19109 PARCEL 1 EXHISITA DRAWN 9Y: R. OSMENTJ CHECKED BY: L SPOONER PAR. 1 " EXH "A"- PG. 3 OF 6 2/26/21 OF h .? Jo .:..................:... ERfC S. SPOONER