HomeMy WebLinkAboutItem 30 - 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 - 216 EAST
NORTHWEST HIGHWAY
RECOMMENDATION: City Council to consider adopting an ordinance abandoning the five foot
(5') wide sanitary sewer easement along the southern boundary on
proposed Lot 1, Block 1, 430 Main Addition, and take any necessary
action.
FUNDING SOURCE:
BACKGROUND: Property owner for 216 East Northwest Highway has requested the City to
abandon an existing five foot (5') wide sanitary sewer easement due to no
sanitary sewer line being located in the easement. Final Plat of Lots 1 and
2, Green Park Addition is being considered by City Council on November
15, 2022 has a dedicated 10' utility easement along back property line to
encompass utilities and existing sanitary sewer main.
Staff recommends approval.
ORDINANCE NO. 2022-071
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING A 5-
FOOT WIDE SANITARY SEWER EASEMENT LOCATED AT
216 EAST NORTHWEST HIGHWAY TO THE CITY OF
GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the owner of the proposed Lot 1, Block 1, 430 Main Addition located at
216 East Northwest Highway, City of Grapevine, Tarrant County, Texas has requested that
a 5-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 5-foot wide
sanitary sewer basement by separate instrument Vol 4739 Page 596 in June 1969; 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 Sanitary Sewer Easement located on Proposed Lot 1, Block
1, 430 Main Addition in Exhibit "A", 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 18th day of October, 2022.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2022-071 2
SHEET 11 OF 2
Being that certain 750 square feet (0.017 acre) tract of land situated in the A. F. Leonard Survey, Abstract No. 946, in the
City of Grapevine, Tarrant County, Texas, being all that certain 5 foot Utility Easement to the City of Grapevine, as recorded in,
Volume 4739, Page 594, Deed Records, Tarrant County, Texas, and being a portion of that certain tracts of land conveyed to
Wright 430 Main LLC, by deeds recorded in Instrument Numbers D222214316, Official Public Records, Tarrant County, Texas, and
being more particularly described by metes and bounds as follows:
BEGINNING at a 1/2 inch iron rod set with "Peiser & Mankin SURV" red plastic cap (hereinafter referred to as 1/2 inch iron
rod set) for the southwest corner of said Wright tract, some being the southwest corner of said 5 foot Utility Easement, some
being the southeast corner of that certain tract of land conveyed to W R. Williford., by deed recorded in Volume 5571, Page
691, Deed Records, Tarrant County, Texas, some being in the north line of that certain tract of land conveyea as Tract I to
Gr8 Green Properties LLC and The Rylor Group LLC, by deed recorded in Instrument Number D222068817, Official Pubiic
Records, Tarrant County, Texas;
THENCE North 00 deg. 04 min. 58 sec. Wes*, along the common line of said 5 foot Utility Easement, said Wright tract and
said Williford tract, a distance of 5.00 feet to a point for the northwest corner of said 5 foot Utility Easement;
THENCE through the interior of sold Wright tract and along the north and east lines of said ' foot Utility Easement as follows:
North 89 deg. 46 min. 44 sec. East, a distance of 150,00 feet to a point for the northeast carrier of said 5 foot Utility
Easement;
South 00 deg. 04 min, 58 sec. East, a distance of 5,00 feet to a point for the southeast corner of said 5 foot Utility
Easement, some being in the south line of said Wright tract, some being in the north line of that certain tract of land
conveyed to Grand Nova LLC, by deed recorded in Instrument Number D221318052, Official Public Records, Tarrant County,
Texas, -
THENCE along the common line of said 5 foot Utility Easement, said Wright tract, and said G,ond Nava tract, passing a 112
inch iron rod found for the northwest corner of said Grand Nova tract, some being the northeast corner of that certain tract
of land conveyed as Tract 11 to Gr8 Green Properties LLC and The Rylor Group LLC, by aforesaid deed recorded in Instrument
Number D222068817, Official Public Records, Tarrant County, Texas, and continuing along the common line of said 5 foot
Utility Easement, sold Wright tract, and said Tract 11, passing the northwest corne- of said Traci 11, some being the northeast
corner of aforesaid Tract 1, and continuing along the common line of said 5 foot Utility Easement, said Wright tract, and said
Tract 1, a total distance of 150.00 feet to the POINT OF BEGINNING and containing 750 square feet or 0.017 acre of computed
land, more or less.
Bearings of lines shown hereon refer to Grid North of the Texas
Coordinate System of 1983 (North Central Zone 4202; NAD83 (2011)
Epoch 2010) as derived locally from Western Data Systems Continuously
Operating Reference Stations (COPS) via Real Time Kinematic (RTK)
Methods,
JOB N 0* ' 22 -0 713
1-JOB NO.: 22-0713
PEISER 'C MANKIN
-DATE* 'D/j 2/2022
-DATE: 10/12/2022
- YING, LLC
SURVE
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FIRM NO. 1009W-00 'L/
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1604t HARf SIREET SUrVCyorB
SOUTHILAKE, TEXAS 76092
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817-4811Fl,F_ (0)
Member Since 1977
The undersigned, Registered Professional
Lana Surveyor, hereby certifies that this
legal description accurately sets out the
metes and counals-lof ;Aheeczsernent tract
describec.
.*1OTHY R. MANKIN
Registered PfofeaslonGl Land Surveyor No 6122
COMMERCIAL g RESIDENTIAL
BOUNDARIES g TOPOGRAPHY
MORTGAGE
EXHIBIT 'A' SHEET 2 OF 2
5'
UTILITY EASEMENT ABANDONMENT
A. F.
LEONARD SURVEY. ABSTRACT NO. 946
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS
E. NORTHWEST HIGHWAY
(A 100- RIGHT—OF—WAY)
1 /2- IRS
N89'28'14'E 200.00'
L0' U11UTY EASBAENT
IVC(
OL 12407. PG. 2018
LEGEND
YCIRF — Irori Rod Found with yellow cap
IRS — Iron Rod with red "Peiser & Mankin
SURV" cap found
z
0. P. R. T. C. T. Official Public Records
W. R. W1ILUFORD
of Tarrant County Texas
VOL. 5571, PG. 691 C5
D,R,T,C,T Deed Records of Tarrant
D. R. T. C. T. 00
WRIGHT 430 MAIN LLC County Texas
INST. NO. D222214316 INST. NO, Instrument Number
O.P.R.T.C.T. VOL• Volume
cD
P& Page
Ln
UTILITY EASEMENT
VOL 4739, PG. 594
ABANDONMENT
/750
SO. FT 0.017 AC. OR
N89*46*44NE 150.00'
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S89*46'44"W 150.00' /
CONTROLUNG 25�78'
MONUMW POINT OF
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TRACT I
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5 0: GR8 GREEN PROPERTIES LLC AND
0 -if THE RYLOR GROUP LLC
INST. NO. D222068817
The undersigned, Registered O. P. R. T. C. T.
Professional Land Surveyor, hereby
certifies that this plot of survey
accurately sets qutth - e metes and
bounds of ,the eaSjsrnL-h1r tract
descr6ed,
GRAPHIC'
Profeasionot Land Sur�e
Registered
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22-0713 PEISER & MANKIN
10/12/2022
SURVEYING. LLC
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LINE TABLE
BEARING
N 00'04'58" W
S 00*04'58" E
DISTANCE
5.00'
S,00'
Bearings of lines shown fieieon refer to
Grid North of the Texas Coordinate System
of 1983 (North Central Zone 4202; NAD83
(2011) Epoch 2010) as derived locally from
Western Data Systems Continuously
Operating Reference Stations (COBS) vic
Real Time Kinernatic (RTK) Methods.
www.peisersurveying.com
FIRM NO. 100999-00 Society or
1" 30, Professional /PM
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"T STREET Surveyors
1604 HA R LLC/
SOUTHi AKE, TEXAS 76092
(0) COMMERCIAL - RESIDENTIAL
J- B, W. 817 -- 4 81 — 180 6
9 BOUNDARIES - TOPOGRAPHY
Member Since 1977 MORTGAGE