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HomeMy WebLinkAboutORD 2006-037 i ORDINANCE NO. 2006-37 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A UTILITY EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 1, Block 2, Cannon Homestead Estates Addition, recorded in Cabinet A, Slide 6900, Plat Records, Tarrant County, Texas, more specifically described in Exhibit "A" attached hereto and incorporated herein for all purposes, has requested a five foot width of the existing ten foot utility easement along the south side of the lot, as herein after described be abandoned and vacated; and WHEREAS, the five foot width of the existing ten foot utility easement, 547 square feet in area, is not needed for public use and will not be needed in the future for public use. 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 five foot width of the existing ten foot utility easement, 547 square feet in area, located within the property described 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 547 square feet of the existing ten foot utility 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. The fact that the 547 square feet of the existing ten foot utility 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 utility 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 6th day of June, 2006. APPROVED: William D. Tate Mayor ATTEST: Joi"'Brown Assistant City Secretary APPROVED AS TO FORM: John F. Boyle, Jr City Attorney ORD. NO. 2006-37 2 ----- EXHIBIT TO 00c1. i^31 -=--- . . ' Area Surveying, Inc. Page _ t. of a/ P REGISTERED PROFE13$SSSheffOield L INA LAND SURVEYORS viH .) J Drive Fort Worth,TX 76134 i 817-293-5684 .. FIELD NOTES Description for a portion of a ten feet (10') wide Utility Easement in Lot 1, Block 2, Cannon Homestead, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 6900, Plat Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING in the east line of Van Zandt Court at intersection of the north line of said easement with the west line of Lot 1; THENCE North 89 degrees 54 minutes 15 seconds East a distance of 109.46 along the north line of said easement to the east line of Lot 1; THENCE South 00 degree 00 minute 25 seconds East a distance of 5.00 feet along the east line of Lot 1; THENCE South 89 degrees 54 minutes 15 seconds West, parallel to the south line of Lot 1, a distance of 109.44 feet to the west line of Lot 1 and the east line of Van Zandt Court; THENCE North 00 degree 12 minutes 14 seconds West a distance of 5.00 feet along u,: . said east and west line to the POINT OF BEGINNING, said described tract containing approximately 547 square feet of land. Field Notes prepared 05/01/06 by Roger W.Hart,R.P.L.S.Number 4484 based on previous survey. C:\Documents and Settings\Roger W.Hart\My Documents\My Documents\Field Notes 43288 Easement Vacation Field Notes.doc //1A .s... ! •ie_. 7w.,, / ... (.14.4814zR4Zi. Ti Page 1 of 1 EXHIBIT... TO Q. . Page of . No. 43288E D Lot -1 o BIock2 ° 0 W 3 a LO l I N cV ° C o Point Of Beginning 0 (o Portion of Esmt. abandoned �' Z N 89'54'15" E 109.46 N _.�„., _..,.rte T.. -.7,T. " .�� � 7 C )- 1O' Utility Easement — _ CO 1 S 89'54'15” W 109.44 5' of Esmt. remains I I . Exhibit Showing A portion of a ten feet (10') wide Utility Easement in Lot 1 , Block 2, in CANNON HOMESTEAD, an Addition to the City of Grapevine, Tarrant County, Texas, according to the plat recorded in Cabinet A, Slide 6900, Plat Records, Tarrant County, Texas. OF T -,; �' `��•; Myt (See attached Field Notes)• t' • • ROGERW I 'T ';(4,i;Z:stgerf ----.1 Scale: os ©/Dff' g AREA SURVEYING, INC. ■ Registered Professional Land Surveyors —m 135 Sheffield Drive Phone (817) 293-5684 COPYRIGHT 2006. AREA SURVEYING. INC. .411.111. - Fort Worth, TX 76134 Fax (817) 293-5685 K �e.eo4:. F�i trap •L':'4 4ry F, .4 } e b kL t LINDA HUFF * CITY OF GRAPEVINE PO BOX 95104 GRAPEVINE TX 76099 Submitter: CITY OF GRAPEVINE 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 RECORD. Filed For Registration: 06/19/2006 01:26 PM Instrument#: D206183545 OPR 5 PGS $28.00 B 11011111111111011111 11111 VIII 11111 111111111 III1 D2061 83545 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.