HomeMy WebLinkAboutItem 31 - Easement AbandonmentMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: OCTOBER 18, 2022
SUBJECT: SANITARY SEWER EASEMENT ABANDONMENT - 4342 VINEYARD
CREEK DRIVE
RECOMMENDATION: City Council to consider adopting an ordinance abandoning a five foot (5')
wide sanitary sewer easement on property located at 4342 Vineyard
Creek Drive on Lot 4A, Block 2, Vineyard Creek Drive, and take any
necessary action.
FUNDING SOURCE:
BACKGROUND: The property owner located at 4342 Vineyard Creek Drive has requested
the City abandon five feet (5) of a 15 foot wide sanitary sewer easement
due to the sanitary sewer line being located in a 10 foot utility easement
on the abutting property of Lot 1, Block 2, Driskill Place (Cabinet A, Slide
5645). The portion to be abandoned of the 15 foot wide sanitary sewer
easement was dedicated by Final Plat of Vineyard Creek Estates in
September 2013.
Staff recommends approval.
ORDINANCE NO. 2022-072
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING A 5-
FOOT WIDE SANITARY SEWER EASEMENT ON LOT 4A,
BLOCK 2, VINEYARD CREEK ESTATES TO THE CITY OF
GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the owner of Lot 4A, Block 2, Vineyard Creek Estates Addition located
at 4342 Vineyard Creek Drive, City of Grapevine, Tarrant County, Texas has requested
that 5 feet of a 15 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 a 15-foot wide
sanitary sewer easement by separate instrument and filed at Tarrant County in
D213255394; and
WHEREAS, the applicant has received signatures from the Water/Wastewater
Collection Superintendent and the Director of Public Works and 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 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 0.009 acre Sanitary Sewer Easement located on Lot 4A,
Block 2, Vineyard Creek Drive in Exhibits "A" Sheets 1 and 2, 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 18t" October, 2022.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2022-072 2
EXHIBIT 'A' SHEET 1 OF 2
5' SANITARY SEWER EASEMENT ABANDONMENT
114N EYARD CREEK ESTATES
LOT 4A, BLOCK 2
Being that certain 372 square feet (0.009 acre) tract of land situated In the William Driskell Survey, Abstract No. 405, City of
Grapevine, Tarrant County, Texas, and being a portion of a 15 foot Sanitary Sewer Easement per Instrument Number
0214174403. Official Public Records, Tarrant County, Texas, and being a portion of Lot 4A, Block 2, Vineyard Creek Estates, an
addition to the City of Grapevine, Tarrant County, Texas, according to the plat thereof recorded under Instrument No.
D214174403, Official Public Records, Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at a 5/8 inch Iron rod with yellow "Peloton" cap found for the northeast comer of said Lot 4A, some being the
southeast comer of Lot 3A, said Block 2, some being in the westerly right—of—way line of Vineyard Creek Drive (50 foot
right—of—woy);
THENCE South 89 deg. 40 min. 55 sec. West, along the common line of said Lots 4A and 3A, a distance of 122.27 feet to a
point for the northeast comer of the herein described tract, some being in the east line of sold 15 foot Sanitary Sewer
Easement, some being the POINT OF BEGINNING;
THENCE South 00 deg. 20 min. 52 sec. East, through the interior of sold Lot 4A and along the east line of said 15 foot
Sanitary Sewer Easement, a distance of 73.76 feet to a point for the southeast corner of the herein described tract, some
being in the south line of said Lot 4A, some being in the north line of Lot 5A, aforesaid Block 2;
THENCE South 76 deg. 30 min. 13 sec. West, along the common line of said Lots 4A and 5A, and through the interior of sold
15 foot Sanitary Sewer Easement, a distance of 5.13 feet to a point for the southwest comer of the herein described tract;
THENCE North 00 deg. 20 min. 52 sec. West, through the interior of said Lot 4A and said 15 foot Sanitary Sewer Easement, a
distance of 74.93 feet to a point for the northwest corner of the herein described tract, some being in the north line of said
Lot 4A, some being in the south line of aforesaid Lot 3A;
THENCE North 89 deg. 40 min. 55 sec. East, along the common line of said Lots 4A and 3A, continuing through the interior
of said 15 foot Sanitary Sewer Easement, a distance of 5.00 feet to the POINT OF BEGINNING and containing 372 square feet
or 0.009 acre of computed land, more or less.
Basis of Bearing — Based on the north line (North 00 deg. 20 min. 52
sec. West) of Lot 4A, Block 2, Vineyard Creek Estates, an addition to the
City of Grapevine, Tarrant County, Texas, according to the plat thereof
recorded in Instrument Number D214174403, Official Public Records,
Tarrant County, Texas.
JOB NO.: 22-0812 PEISER & MA ICIN
DATE: 9/6/2022 SURD 1VITNIG, UC
REVISION
www.peisersurveymg.com Texas
NOT TO SCALE FM NO. 100 00 PM261orfwi
1604 HART STREET Surveyors
SOUTHLAKE, TEXAS 76092
DRAWN: J.B.W. 817-481-1806 (0)
Member woe 1977
The undersigned, Registered Professional
Land Surveyor, hereby certifies that this
legal description accurately sets out the
metes and bounds he easement tract
described. OF
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\` TIfJIOTHY R. MANKIN
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TIMOTHY R. MANKiN
Rpbtaed Profeptonrd Land Surveyor No. e122
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COMMERCiiAL • IRESM
BOUNDARIES • TOPOGRAPHY
MORTGAGE
EXHIBIT •A, SHEET 2 OF 2
W SA ITARY SEWER EASEMENT ABANDONMENT
%4NEYARD CREEK ESTATES
LOT 4Aq BLOCK 2
svE w --'r N89'40'55"E
CONTROUJIM mawimw 8 5.00'
A N m
sue. o q o
LOT 3A, BLOCK 2
VINEYARD CREEK ESTATES
INST. NO. D214174403
POINT OF POINT OF
BEGINNING COMMENCING
S89-40-55-W 137.27' (OVERALL)
1122.2r — ~.
LOT 4A, BLOCK 2
VINEYARD CREEK ESTATES
INST. NO. D214174403
5-. W I N ^', ' ;5' S ITAIi'Y
ogr-v v �acT
& ::l N to i v 372 � FT. OR
(A � � ��gW 13? 16
10.27' -` s 6'(O"OtA3.)
S76030'13'W
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Im 5.13'
The undersigned, Registered
Professional Land Surveyor, hereby
certifies that this plot of survey
accurately sets out the metes and
bounds of the 1&ment tract
describe d r�
S T c'4
',AOTHY �;. �ARi:lta Chi'
.. ........
6122
i1H10THY R. MA }
RegWGrsd Profenlmd Land Surveyor No. 6122
JOB NO.:
DATE:
REVISION
SCALE:
DRAWN:
22-0812
9 /6 /2022
1"=30'
J.B.W.
LOT 5A. BLOCK 2
VINEYARD CREEK ESTATES
INST. NO. D214174403
GRAPHIC SCALE
0 Is 30
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1
( IN FEET )
1 inch = 30 ft.
PEISER & MANIKIN
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Legend:
D.E.—Drainage Easement
S.S.E.—Sanitary Sewer Easement
B.L.—Building Line
U.E.—Utliity Easement
YCIRF—Iron Rod with yellow cap found
INST. NO. —Instrument Number
R—Radius
L—Length
Vol. —Volume
Pg.—Page
Basis of Bearing — Based on the north
line (North 00 deg. 20 min. 52 sec. West)
of Lot 4A, Block 2, Vineyard Creek Estates,
an addition to the City of Grapevine,
,Tarrant County, Texas, according to the
plat thereof recorded in Instrument Number I
D214174403, Official Public Records,
Tarrant County, Texas.
www.peisersui1'veying-com Texas
FM NO. 100999-00 Society of
Professional
1604 HART STREET surveyors
SOUTHLAKE, TEXAS 76092
817-481-1806 (0)
Member &nee 1977
lu[S �'
LLC
CO CL1L o RESIDENTIAL
BOUNDARIES • TOPOGRAPHY
MORTGAGE