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HomeMy WebLinkAboutItem 18 - Easement AbandonmentMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: MARCH 7, 2023 SUBJECT: ABANDONMENT OF A 15 FOOT WIDE SANITARY SEWER EASEMENT - 4501 STATE HIGHWAY 360 RECOMMENDATION: City Council consider adopting an ordinance abandoning a 15-foot wide sanitary sewer easement on Lot 2, Block A, Glade 360 Addition located at 4501 State Highway 360. FUNDING SOURCE: BACKGROUND: The property owner located at 4501 State Highway 360 has requested the City abandon a 15- foot wide sanitary sewer easement. The sewer line has been relocated due to new construction on the property. The sanitary sewer easement on the property was originally dedicated in July 2001. Staff recommends approval. ORDINANCE NO. 2023-013 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 15- FOOT WIDE SANITARY SEWER EASEMENT ON LOT 2, BLOCK A, GLADE 360 ADDITION TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of Lot 2, Block A, Glade 360 Addition located at 4501 State Highway 360, City of Grapevine, Tarrant County, Texas has requested that 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 in Vol. 15028 PG. 542 D.R.T.C.T.; and WHEREAS, the applicant has received signatures from the Water/Wastewater Collection Superintendent and the Director of Public Works. 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 easement 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 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 Sanitary Sewer Easement located on Lot 2, Block A, Glade 360 Addition in Exhibits "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 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 maintaining such 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 day of 7th March, 2023. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2023-013 2 4X:11=31111111111i1 15' SANITARY SEWER EASEMENT ABANDONMENT G.W. MINTER SURVEY, ABSTRACT NO. 1083 CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS Being a tract of land situated in the G.W. Minter Survey, Abstract No. 1083, City of Grapevine, Tarrant County, Texas, and being a portion of Lot 2, Block A, of Glade 360 Addition, an addition to the City of Grapevine, Tarrant County, Texas, according to the plat thereof recorded under Instrument No. D219025558, Official Public Records, Tarrant County, Texas, and being 7.5 feet either side of the following centerline, the same as described in the Sanitary Sewer Easement to the City of Grapevine recorded in Volume 15028, Page 542, Deed Records, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at a 5/8" iron rod with red plastic cap stamped "KHA" found for the southwest corner of said Lot 2, Block A, and the northwest corner of Lot 1, Block A, of said Glade 360 Addition, and being in the northeast right-of-way line of State Highway 360 (a variable width right-of-way); THENCE North 25°10' 36" West, with said northeast right-of-way line, a distance of 929.14 feet to the centerline of said 15-foot wide Sanitary Sewer Easement and the POINT OF BEGINNING from which a 1/2" iron rod (disturbed) found at an angle point in said northeast right-of-way line bears North 25010' 36" West, a distance of 579.38 feet; THENCE North 64' 49' 24" East, over and across said Lot 2, Block A, with said centerline of easement, an approximate distance of 374 feet to where it intersects with an existing Trinity River Authority sanitary sewer line. NOTES Bearings based on the State Plane Coordinate System, Texas North Central Zone 4202, North American Datum of 1983. Adjustment Realization 2011. A sketch was prepared on even date to accompany this description. The easement area being abandoned is to be replaced by a sanitary sewer easement dedicated by the plat of Lot 2, Block A, of Glade 360 Addition, City of Grapevine Project Number D210001, an addition to the City of Grapevine, not yet of record. ...:....... . ............ 66....� ... Kim a >>)Horn DAVID J. De WEIRDT Q;•� v REGISTERED PROFESSIONAL • �FE S .S`�y O� /� 13455 Noel Road, Two Galleda Office Tel. No. (972) 770-1300 LAND SURVEYOR NO. 5066 '0 S .U.R v 1 V Tower, Suite 700, Dallas, Texas 75240 FIRM # 10115500 Fax No. (972) 239-3820 david.deweirdt@kimley-horn.com �� s=�a Drawnbv Checkedhv D_te Proiect No. Sheet No. N/A I BJE / MSM I DJD I\ OCT. 2022 I 067771670 1 OF 2 DE WEIRDT, DAVE 10/7/2022 9:41 AM K:1DAL_SURVEY1067771670-GREYSTAR GRAPEVINE PHASE ZDWMGREYSTAR PRESERVE PHAS,- 2 SSE ASDN.DWG NORTH 0 50 100 GRAPHIC SCALE IN FEET NOTES EXHIBIT 2 15' SANITARY SEWER EASEMENT ABANDONMENT G.W. MINTER SURVEY, ABSTRACT NO. 1083 CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS 1/2" IRF (DISTURBED) 1 dQ Cn� Bearings based on the State Plane North Central Zone- 4202, North Adjustment realization 2011. 20' UTILITY EASEMENT TO T.R.A. \ (CALLED PARCEL 6) \� •� VOL. 7358, PG. 1672 \\ \ D.R.T.C.T. CENTERLINE 7.5'�,//! 15' SANITARY SEWER EASEMENT VOL. 15028, PG. 542, D.R.T.C.T. , /\ 7.5' \ \ / °Aug RStu 063 \� y� -��\ 6S RPG P POB oy y C'° \moo LOT 2, BLOCK A GLADE 360 ADDITION Cyr \ DOC. NO. D219025558 Coordinate System, Texas O,x O.P.R.T.C.T. American Datum of 1983. �J -D A description was prepared on even date to accompany this sketch. The easement area being abandoned is to be replaced by a sanitary sewer easement dedicated by the plat of Lot 2, Block A, of Glade 360 Addition, City of Grapevine Protect Number D210001, an addition to the City of Grapevine, not yet of record. LEGEND P.O.C. P.O.C. = POINT OF COMMENCING IRFC P.O.B. = POINT OF BEGINNING IRFC = 518" IRON ROD W/ "KHA" CAP FOUND IPF = IRON PIPE FOUND D.R.T.C.T. = DEED RECORDS OF TARRANT COUNTY, TEXAS O.P.R.T.C.T. = OFFICIAL PUBLIC RECORDS, TARRANT COUNTY, TEXAS ri E�••OT ......... ................ DAVID IRDT L c9 i LOT 1, BLOCK A GLADE 360 ADDITION DOC. NO. D219025558 O.P.R.T.C.T. GLADE ROAD •:.. 50 ••••••••�• KiM1py*Horn DAVID J. De WEIRDT 0Fv�,REGISTERED PROFESSIONAL FESS\�.: ' O/J/ ••'••.,,,, •.t q �r 13455 Nael Road, Two GalledTel. No. (972) 770.1300 Q V Tower, Suite 700, Dallas, Texas 75240 FIRM # 10115500 Fax No. (972) 2393820 LAND SURVEYOR NO. 5066 S U R � david.deweirdt@kimley-horn.com i 115 ` Scale LESERVE-1ASE Draws bM Checked by Date Proiect No. Sheet No. DE WEIRDT, DAVE 10/712022 9:41 AM K:1DAL_SURVEY1067771670-GREYSTAR GRA�E INE PHASE 21DWrkGRlYSTAR 2 SSE I BDN.DWG I 087771870 I 2 OF 2