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HomeMy WebLinkAboutORD 2022-072ORDINANCE 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 18th October. 2022. ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: k . i"'� 0-) Matthew C.G. Boyle City Attorney Ordinance No. 2022-072 2 EXHIBIT A SEWER 5! SANITARY ww EMENT ABANDOfNMEN MNEYARD CREEK LOT BLOCK 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 Easement per instrument Number D214174403. Official Public Records. Tarrant County, Texa% 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 plot 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` cop found for the northeast comer of said Lot 4A, some being the southeast comes` of Lot 3A, sold Block 2, some being in the westerly right—of—way line of Vineyard Creek Drive (50 foot right—cf—woyk THENCE South 89 deg. 40 min. 55 sec. West, along the common line of sold 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 sold 15 foot Sanitary Sewer Easement, a distance of 73.76 feet to a point for the southeast comer of the herein described tract, some being in the south line of sold Lot 4A, same 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 sold 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 sold 15 foot Sanitary Sewer Easement, a distance of 74.93 feet to a point for the northwest corm of the herein described tract, some being in the north line of sold 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 sold Lots 4A and 3A, continuing through the interior �f sold 15 foot Sanitary Sewer Easement, a distance of 5.00 feet to the POINT OF BEGINNING and containing 372 square feet r 0. D09 acre of computed land, more or less. Basis of Bearing — Based on the north line (North O0 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 plot thereof recorded in Instrument Number D214174403, Official Public Records. Tarrant County, Tex The undersigned. Registered Professional Land Surveyor. heresy certifies that this legal description accurately sets out the metes and bounds e easement tract described. of ..........e... ..r...�----- IhIiQTHY R. MANKIN .......................... Q 6122 hWndmd tend SowW ft east , • � e su:s�e �' y .r. a r � + A The undersigned, Registered Professional Land Surveyor, hereby certifies that this plat of survey accurately sets out the metes and bounds of the ent tract descrfb �,. a l�AC3i l i i, AprMN ........................ 22 • M I Legend: D.E —drainage Easement S.S.E.—Sanitary Sewer Easement B.L.—Building Line U.E.—Utility Easement YCIRF—Iran Rod with yellow top found INST. NO. —Instrument plumber —Radius L—Length Val. —Volume Pg.—Page Boris of Bearing — Based on the north line (North 00 deg. 20 min. 52 sec. West) of Lot 4A. Bloch 2, Vineyard Crook Estates, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat thereof recorded In Instrument Number ©214174403, Official Public Records, Tarrant County, Texas. Mary Louise Nicholson Tarrant County Clerk 100 W. Weatherford Fort Worth, TX 76196 (817) 884 -1195 wm-countyderk@tarrantcounty.com OFFICIAL RECEIPT RECEIPT NUMBER DATE 5770407 10/20/2022 09:03:04 AM Issued to: RecordFusion Online For Payment of: Type Pages Reference # Fees 1 ORDINANCE 4 D222252752 $31.00 Total: $31.00 Amount Paid: $31.00 Change: $0.00 Method of Payment: Reference Number: Amount: Escrow Account CITY OF GRAPEVINE/PUBLIC WORKS $31.00 Escrow Balance: $1,478.50 THANK YOU Mary Louise Nicholson County Clerk Recording life 's events since 2011 Clerk: Chris K Your feedback is important to us. i Scan the QR Code and let us know how our service was today.