HomeMy WebLinkAboutItem 09 - Banyan Drive � I4 III
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER..
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MEETING DATE: AUGUST 21, 2012
SUBJECT: RIGHT-OF-WAY ABANDONMENT — BANYAN DRIVE
RECOMMENDATION:
City Council consider adopting an ordinance abandoning the northern 25 feet of Banyan
Drive right-of-way extending west for a distance of 135 feet from North Main Street,
authorizing the City Manager to execute a Quit Claim Deed to the abutting property
owner, and take any necessary action.
BACKGROUND:
Banyan Drive runs east — west through the Banyan Place Addition from Scribner Street
to North Main Street. At the time of the development of Banyan Place Addition, the
developer purchased Lot 2, Block 1, Cook's Subdivision to provide the Banyan Drive
connection to North Main Street.
The plat of Banyan Place dedicated the full 75-foot width of Lot 2 as street right-of-way.
This dedication has remained in place since 1984. City requirements for residential
streets such as Banyan Drive stipulate a 50-foot right-of-way width. The current 75-foot
width is more than necessary and serves no benefit to the City.
The owner of Lot 1, Block 1, Cook's Subdivision has requested the City abandon and
vacate the 25-foot wide strip of right-of-way to enable him to incorporate the strip into his
existing lot.
The applicant has obtained utility company approvals of his request.
Staff has reviewed the request and has no objections.
Staff recommends approval.
R:\AGENDA12012108-21-121Street ROW Abandonment-Banyon Dr Memo.doc
ORDINANCE NO.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING A
PORTION OF BANYAN DRIVE RIGHT OF WAY IN THE CITY
OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the property owner of 315 North Main Street, also known as Lot 1,,
Block 1, Cook's Subdivision of the City of Grapevine,Tarrant County,Texas has requested
that a 25 foot wide strip of Banyan Drive Right of Way, as herein after described, be
abandoned and vacated; and
WHEREAS, the right of way is not needed for public use and will not be needed in
the future for public use; and
WHEREAS, abandoning and vacating the said right of way 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 public street right of way described in Exhibits "A" and "B",
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. That the fact that the right of way 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 access 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 21st day of August, 2012.
APPROVED:
ATTEST;
APPROVED AS TO FORM:
State of Texas
County of Tarrant
Before me, Anne Baker, Notary Public on this day personally appeared
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 21 st day of August, 2012.
Notary Signature
My Commission Expires: 01/14/2016
ORD. NO. 2
Page 1 of 2
EXHIBIT'A'
FIELD NOTES
A portion of Banyan Drive embraced within BANYAN PLACE, an Addition to the City of Grapevine,
Tarrant County, Texas, according to the Plat recorded in Volume 388-180, Page 83, Plat Records, Tarrant
County, Texas and a Sign Easement embraced within BANYAN PLACE, an Addition to the City of
Grapevine, Tarrant County, Texas, according to the Plat recorded in Volume 388-192, Page 78, Plat
Records,Tarrant County,Texas and being more particularly described by metes and bounds as follows:
BEGINNING at a 5/8" iron found at the Southwest corner of said Sign Easement and the Southeast
corner of Lot 29, Block 1, BANYAN PLACE, an Addition to the City of Grapevine, Tarrant County, Texas,
according to the Plat recorded in Volume 388-217, Page 16, Plat Records, Tarrant County, Texas, said
iron being a reentrant corner of Banyan Drive (R.O.W.varies);
THENCE N 010 32' 12" E, along the West line of said Banyan Drive and said Sign Easement, a distance of
25.26 feet to a %z" iron found at the Northwest corner of said Sign Easement and the Southwest corner
of Lot 1, Block 1, COOK'S SUBDIVISION, an Addition to the City of Grapevine, Tarrant County, Texas,
according to the Plat recorded in Volume 388-H, Page 345, Plat Records,Tarrant County,Texas,said iron
being a reentrant corner in the North line of said Banyan Drive;
THENCE S 890 52' 00" E, along the North line of said Banyan Drive and said Sign Easement, a distance of
135.59 feet to the intersection of the North line of said Banyan Drive and the West line of North Main
Street(R.O.W.varies)from which a%" iron found bears 5 89°52' 00" E, 15.00 feet;
THENCE S 01° 10' 33" W, along the East line of said Sign Easement, 25.07 feet to a %" iron with Fulton
Surveying cap set at the Southeast corner of said Sign Easement;
THENCE N 890 56' 45" W, along the South line of said Sign Easement, 135.75 feet to the POINT OF
BEGINNING and containing 3414 S.F. of land.
Susan L.Stewart, R.P.L.S.
Registration No. 5495
July 25, 2012
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