HomeMy WebLinkAboutORD 2008-038 ORDINANCE NO. 2008-38
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING THE
PUBLIC'S RIGHTS IN A CERTAIN UTILITY EASEMENT
LOCATED IN THE CREEKWOOD WEST PHASE THREE
ADDITION TO THE CITY OF GRAPEVINE, TEXAS AS
HEREINAFTER DESCRIBED AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the property owner of Lot 37, Block 5, Creekwood West Phase Three
Addition, Grapevine, Tarrant County,Texas has requested that a 4 foot wide segment of a
10 f3ot wide util ty easement ioca ed along th-3 northern boundary of ire subject lot, as
herein after described be abandoned and vacated; and
WHEREAS, the easement is not needed for City use and will not be needed in the
future for City use; and
WHEREAS, abandoning and vacating said easement 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 City of Grapevine's rights in the 4 foot portion of a 10 foot
utility easement located along the northern boundary(southern portion of utility easement)
of Lot 37, Block 5, Creekwood West Phase Three Addition, recorded in Volume 388-171,
page 4{. PRTC,v, dep'L!L;c1 in "T i :.0 LlL d hereto and {{i( r .i:..ao d herein for aii
purposes, is hereby abandoned and vacated for City use and the same is hereby
abandoned and vacated insofar as all City right, title, interest in and to said easement 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 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 19th day of August, 2008.
APPROVED:
William D. Tate
Mayor
ATTEST:
Linda Huff
City Secretary
APPROVED AS TO FORM:
John F. Boyle, Jr.
City Attorney
State of Texas
County of Tarrant
Before me, Anne Baker, Notary Public on this day personally appeared William D. Tate,
Linda Huff and John F. Boyle, Jr. 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.
ORD. NO. 2008-38 2
Given under my hand and seal of office this 19th day of August, 2008.
.„,
4dJ
o .ry Signature
My Commission Expires: 01 /14/2012
o ANNE BAKER
Notary Public
`� g State of Texas
Peorw My Comm.Expires 01-14-2012
ORD. NO. 2008-38 3
EXHIBIT"A"TO ORD. NO. 2008-38
Page 1 of 2
ABANDONEMENT OF A 4' PORTION OF A 10' UTILITY ESMT.
RECORDED IN VOL. 388-171, PG. 48
323 SQ. FT. OR 0.01 ACRE
Being a 0.01 acre tract of land situated in the G.B. Knight Survey, Abstract No. 898, in the City
of Grapevine, Tarrant County. Texas, and being a portion of Lot 37, Block 5, of Creekwood West
Phase Three, an addition to the City of Grapevine, Tarrant County, Texas,according to the plat
thereof recorded in Volume 388-171, Page 48, of the Plat Records of Tarrant County, Texas,and
being a 4 foot portion of a 10 foot utility easement dedicated by said Creekwood West Phase
Three, and being more particularly described as follows:
COMMENING at a 1/2 inch iron rod found for corner, said point being the southeast corner of
said Lot 37, same being the southwest corner of Lot 38, Block 5, of said Creekwood West Phase
Three, same being in the northeasterly right-of-way line of Creekview Drive(a 50'right-of-way);
THENCE North 20 deg. 58 min. 29 sec. East, along the common line of said Lot 37, and Lot 38,
a distance of 105.00 feet to a point for the POINT OF BEGINNING, said point being the
beginning of a curve to the right having a radius of 530.00 feet, and a delta angle of 08 deg. 46
min. 34 sec.;
THENCE through the interior of said Lot 37,and along said curve to the right, an arc distance of
81.18 feet,and a chord bearing and distance of North 65 deg. 01 min. 35 sec. West, 81.10 feet to
a point for corner, said point being in the west line of said Lot 37, same being in the east line of
Lot 36, Block 5, of said Creekwood West Phase Three;
THENCE North 29 deg. 44 min. 44 sec. East, along the common line of said Lots 37, and Lot 36,
a distance of 4.00 feet to a point for corner, said point being the beginning of a curve to the left
having a radius of 526.00 feet, and a delta angle of 08 deg. 46 min. 34 sec.;
THENCE through the interior of sa;d Lot 37, and along said curve to the left, an arc distance of
80.57 feet, and a chord bearing and distance of South 65 dea. 01 nun. 16 sec. East, 80.49 feet to a
point for corner, said point being in the east line of said Lot 37, same being in the west line of
said Lot 38;
THENCE South 20 deg. 58 min. 29 sec. West, along the common line of said Lot 37,and said
Lot 38, a distance of 4.00 feet to the POINT OF BEGINNING and containing 323 square feet or
0.01 acre of computed land.
Hugh E. Peiser
R.P.L.S. No. 3688
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HUGH E. PEISER •
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•
' ' ' ABANDONEMENT OF A 4' PORTION OF A 10' UTILITY ESMT.
RECORDED IN VOL. 388-171, PG. 48
323 SQ. FT. OR 0.01 ACRE EXHIBIT"A"TO 0'D. NO. 2008-38 .
Page 2 of 2
0=08'46'34"
R=520.00'
L=79.65'
CB=S65.02'02'E D=08'46'34"
CONCRETE CD=79.57'ALLEY R=526.00'
/N29'44'44'E L=80.57'
6.00' _�� :/2'IRF / CB=S65'01'46"E
N29'44'44"E— 4 CD=80.49'
4.00'
LOT 36
BLOCK 5 1/2'IRF S20'58'29aW
6 00'
j S20'58.2 9"W
oo D=08'46'34" �� 4.00'
C) R=530.00' 10'UT1UTY ESA/7. �
\ .4./ L=81.18' VOL. Jab-171. PG. 48_ /
.„ CB=N65'01'35"W 'P.O.B.`-- 1
\ 0, CD=81.10' 1o'unuTY ESMT. J
`
2 VOL. 388-171, PC. 48
LOT 37, BLOCK 5 •
CREEKWOOD WEST a
\ PHASE THREE o•k
VOL. 388-171 4,Q LOT 38
D=08.46'3\ PG. 48 O m� BLOCK 5
....\,...s.
1/2-IRF FROM BEARS / In Co
A 1/2' IRF BEARS R=635.00' \ 0 Q 30'BUILDING UNE
589'48'06 E 0.95' L=97.25' _',� VOL 388-171.PG. 48
CB=N64'57'47"W
CD=97.16'
SD "'C/O'` // O 1/2'IRF
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HUGH E. PEISER
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NOTES:
1. IRF — Iron Rod Found
2. Basis of Gearing — Based on the east line (North 20 deg. 58 min. 10 sec. I✓ �t
East), Lot 37, Block k 5, of Creekwood West Phase Three, an addition to the City V/I/
of Grapevine, Tarrant County, Texas, according to the plat thereof recorded in
Volume 388-171, Page 48, of the Plat Records of Tarrant County, Texas. HUG E. PEISER
Rsgi.lared Pr,f..nand Land Surva,or No.3688
4.1„0, NO. PEISER SURVEYING CO. I
P-2731EX www.peisersurveymg.com
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623 E. DALLAS ROAD Professional
SCALE: GRAPEVINE, TEXAS 76051 „ Surveyors � I co I
1 - '30' 817-481-1806 (0) ` ,
DRAWN BY: 817-481-1809 (F) �' '" COMMERCIAL • RESIDENTIAL
BOUNDARIES • TOPOGRAPHY
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LINDA HUFF CITY SECRETARY,
CITY OF GRAPEVINE 'S #*•,8
PO BOX 95104
GRAPEVINE TX 76099
Submitter: CITY OF GRAPEVINE/PUBLIC WORKS
SUZANNE HENDERSON
TARRANT COUNTY CLERK
TARRANT COUNTY COURTHOUSE
100 WEST WEATHERFORD
FORT WORTH, TX 76196-0401
DO NOT DESTROY
WARNING - THIS IS PART OF THE OFFICIAL REC R .
Filed For Registratio : 09/30/2008 01:35 PM
Instrument#. D208375526
6 PGS $32.00
1111111 1111 1111111111 1111 II1II 11111 11111 11111 VIII III 11
D208375526
ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE
OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR
RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.
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