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HomeMy WebLinkAboutItem 18 - DFW Connector Project• MR •• : •• • • MEETING DATE: JULY 16, 2013 SUBJECT: EASEMENT ABANDONMENTS — DFW CONNECTOR City Council consider adopting an ordinance abandoning eighteen easements within the DFW Connector Project limits, authorizing the City Manager to execute Quit Claim Deeds to TxDOT for each easement, and take any necessary action. •• The construction of the DFW Connector project necessitated the acquisition of additional right -of -way by TxDOT and the relocation and adjustment of City water and wastewater facilities throughout the corridor. In addition to the relocation and adjustment of City facilities, the project also relocated electric, gas and telecom facilities along the corridor. TxDOT now requests that with any state right -of -way acquisitions, the underlying easements be abandoned by the governing bodies to clean up title questions. The DFW Connector Project surveyor has identified portions of eighteen (18) utility, sanitary sewer, water and sidewalk easements which should be abandoned by the City under the TxDOT guidelines and has submitted legal descriptions and Quit Claim documents for each easement. City Attorney has confirmed to staff that all associated abandonments can be packaged into one ordinance. Staff recommends approval. July 11, 2013 (2:55PM) AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING EIGHTEEN (18) SEPARATE UTILITY, SANITARY SEWER, SIDEWALK AND WATER EASEMENTS WITHIN THE DFW CONNECTOR PROJECT LIMITS IN THE CITY OF GRAPEVINE, TEXAS, AS HEREINAFTER DESCRIBEDAND PROVIDING AN EFFECTIVE DATE WHEREAS, Texas Department of Transportation (TxDOT) chose NorthGate Constructors through a TxDOT Comprehensive Development Agreement process as the most responsive proposer in 2010 to manage and construct the DFW Connector Project; and WHEREAS, the construction of the DFW Connector required the relocation of existing water, sanitary sewer, electric, gas, and telecom facilities within the proposed limits of the project; and WHEREAS, right of way was acquired with the project on behalf of the State to accommodate the proposed roadway widening and necessary utility relocations; and WHEREAS, TxDOT requires that all easements within the State right of way acquired for the project be abandoned and vacated and quit claimed to the State; and WHEREAS, the easements listed in Exhibit "A" lie within the limits of State right of way, purchased in connection with the DFW Connector Project and are not needed for public use and will not be needed in the future for public use; and WHEREAS abandoning and vacating said easements 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 utility, sanitary sewer, sidewalk and water easements described in Exhibits "A" and "B ", attached hereto and incorporated herein for all purposes, are 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 easements are 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. That 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 maintain such easements 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 16th day of July, 2013. ATTEST: ORD. NO. 2 State of Texas County of Tarrant Before me, Anne Baker, Notary Public on this day personally appeared and 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 16th day of July, 2013. Notary Signature My Commission Expires: 01/14/2016 ORD. NO. 3 Exhibit A' Item# T of Easement DUCT Legal Description 22 12'Sewer Easement Vol 7122, P9.1642 Lots 1-R, 3-R,4 and 6, Block 1, DFW Business Park Vol 388-162, Pci 30&Vol - 5 10' Utility Easement 6298, Pg 791 Lot 1R, Grapevine Industrial Park Cabinet A, Slide 7157&Vol 8 15'Sewer Easement 6992, Pg 1855 Lot 1R, Block 1, Baylor Medical Sure ry Center Vol 388-217, Pg 100&Vol 4 Portion of 15' Utility Easement 9938, Pq 336 Lot 5, Park and Wall Addition Cabinet A, Slide 3005&Vol - 19 Sanitary Sewer Easement 6619, Pg 942 Lot 1, Block A, Trinity Industries Addition Cabinet A, Slide 629&Vol 6 5' Utility Easement 5918, Pq 67 Lot 1, Block 1,A Foster Addition Cabinet A, Slide 3005&Vol - 20 Sanitary Sewer Easement 6619, Pq 951 Lot 1, Block A, Trinity Industries Addition 21 10'Water Easement CCF,#D2110070422 Lot I R, Block 1, First National Bank Addition Cabinet A, Slide 4981 &Vol 24 10' Sanitary Sewer Easement 10721, Pq 616 Lot 2, Block 2,The Crossings of DFW Addition Cabinet A, Slide 6126&Vol - 25 20' Utility Easement 7616, Pg 1056 Lot 6-R-1, Block 3, Metro lace Addition Cabinet A, Slide 6126& 25a 10'Sidewalk Easement Cabinet A, Slide 2529 Lot 6-R-1, Block 3, Metro lace Addition Cabinet A. Slide 3005&Vol 27 10'Sanitary Sewer Easement 6580, Pg 211 Lot 1, Block A,Trinity Industries Addition 29 10'Sanitary Sewer Easement Vot 6669, Pg 443 Witliam Bradford Survey,Abstract Number 131 Cabinet A, Slide 3279&Vol 30 8'Sanitary Sewer Easement 6669, Pq 112 Lot I R, Block A, Tigue Grapevine Addition Cabinet A, Slide 3279,&Vol 31 8' Sanitar Sewer Easement 6582, Pg 343 Lot 1 R, Block A,Tigue Grapevine Addition Cabinet A, Slide 4334&Vol 32 5'x 414'Wafer Line Easement 5654, Pg 239 -Lot 2, DFW Industrial Park Phase 5 Addition Cabinet A, Slide 92&Vol 33 10'Water Line Easement 13870, Pg 286 Lot 2R, Block 1, Walloon Addition - 34 10' Utility Easement CCF,#D209260320 Lot 1, Block 1, First.Baptist Church Addition � Y 4°~ E , x ' + y�•r �^� � ,�q-: to ' � a 3 f C4 �i V T� 1 r Y ini