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Home My WebLink AboutORD 2022-071ORDINANCE 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. ATTEST: City Secretary ,a (�) - R..' Matthew C.G. Boyle City Attorney Ordinance No. 2022-071 2 EXHIBIT "A" SHEET I OF 5" UTILITY EASEMENT ABANDONMENT A. F. LEONARD SURVEY, ABSTRACT NO. 946 CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS 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 conveyed as Tract I to GrB Green Properties LLC and The Rylor Group LLC, by deed recorded in Instrument Number D222068817, Official Public Records, Tarrant County, Texas-, THENCE North 00 deg. 04 min. 58 sec. West, along the common line of sold 5 foot Utility Easement, said Wright tract and said Williford tract, a distance of 5.00 feet to a point for the northwest comer of said 5 foot Utility Easement; THENCE through the interior of said Wright tract and along the north and east lines of sold 5 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 corner 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 I.I.C. 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 Grand Nova tract, passing a 112 inch iron rod found for the northwest corner of sold Grand Nova tract, same being the northeast corner of that certain tract of land conveyed as Tract If to GrB 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. said Wright tract, and said Tract 11, passing the northwest corner of said Tract 11, some being the northeast corner of aforesaid Tract 1, and continuing along the common fine 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 (COBS) via Real Time Kinematic (RTK) Methods. JOB NO.: 22-0713 DATE- 10/12/21125; REVISION INOT TO SCALE PEISER Soc M"ANKIN SURVEYING LIES www.peisersu,rove� jng.com Texas 0 t1' K I FIRM NO, I Society or Professional Surveyors 1604 HART STREET Surveyors SOUTHLAKE, TEXAS 76092 817— 481-1806 (0) Member Since 1977 The undersigned, Registered Professional Land Surveyor, hereby certifies that this legal description accurately sets out the metes and our sement tract described. !V J" 0 THY R. M ANKIN Registered Professional Land Surveyor No, 6122 0 COMMERCIAL - RESIDENTIAL BOUNDARIES - TOPOGRAPHY MORTGAGE W. R. WILLIFORD VOL 5571, PG. 691 D.R.T,C.T. E%1 011BIT UTILITY EASEMENT ABANDONMENT LEONARD SURVEY. ABSTRACT NO. 946 FTY OF GRAPEIANE, TARRANT COUNTY# TEXA2 E. NORTHWEST HIGHWAY (A 1W RIGHT-OF-WAY) 11r qt5 N89'28'14E 2-00.00' j_nUTY NT SHEET 2 OF 2 LEGEND YCIRF - Iron Rod Found with yellow cop IRS - tron Rod with red "Peiser & Monkin SURV" cop found O.P.R.T.C.T, - Official Public Records of Tarrant County Texas D. R. T, C. T. - Deed Records of Tarrant WRIGHT 430 MAIN LLC County Texas INST. NO, D222214316 INST. NO. - Instrument Number O.P.R.T.C.T. VOL. - Volume PG. - Page yaw 4W S89*55'02*W 1/2' IRS Ir CONVOW10 25.78' MOMMMT POINT OF C6 W (L BEGINNING 65 The undersigned, Registered Professional Land Surveyor, hereby certifies that talk plot of survey accurately metes and bounds,41.1iihi tract descrit4a� CM-590 —TH Y R. M A N K r IN Registered Profezvlonol Land Surveyor No. 6122 MaMMAEM = 00 TRACT I GR8 GREEN PROPERTIES LLC AND THE RYLOR GROUP LLC INST. NO. D222068817 O.P.R.T.C.T. V,• w CL pz> sw cC44 cz z :Opo ?Doz C14 4c (K M h3 0 0"* z Cj W zo W Uj 80 CO 0 K 111r RCM Nz 0 15 30 IN FEET I inch = 30 ft, JOB NO,: 22-0713 PEISER & MANKIN DATE: 10/12/2022 SURVEYING, LLC REVISION I I A LINE B ARIN -5—ISTANCE Ll N 00'0458 W -5 .00 L2 S 00-04 58 E 5.00 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 (CORS) via Real Time Kinematic (RTK) Methods. www.peisersurveying.com Texot 3CALE: -30 FIRM NO. 100990-00 Society of ,�— Profe \t ssional 1604 HART STREET Surveyor* SOUTHLAKE, TEXAS 76092 )RAWN: J. B, W. 817- 481-1806 (0) Member Since 1977 LLC COMMERCIAL - RESIDENTIAL BOUNDARIES - TOPOGRAPHY MORTGAGE Mary Louise Nicholson Tarrant County Clerk 100 W. Weatherford Fort Worth, TX 76196 (817) 884 -1195 wm-countyclerk@tarrantcounty.com OFFICIAL RECEIPT RECEIPT NUMBER DATE 5770427 10/20/2022 09:09:46 AM Issued to: RecordFusion Online For Payment of: Type Pages Reference # 1 ORDINANCE Amount Paid: $31.00 Change: $0.00 Method of Payment: Reference Number: Fees 4 D222252767 $31.00 Total: $31.00 Escrow Account CITY OF GRAPEVINE/PUBLIC WORKS Escrow Balance: $1,447.50 Clerk: Natalie G THANK YOU Mary Louise Nicholson County Clerk Recording life 's events since 2011 Amount: $31.00 Your feedback is important to us. Scan the QR Code and let us know how our service was today.