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HomeMy WebLinkAboutORD 2011-059 ORDINANCE NO. 2011-59 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF BLEVINS STREET RIGHT OF WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of 402 Blevins Street, also part of the Heir of A. Foster Survey, Abstract No. A 518, City of Grapevine, Tarrant County, Texas has requested that the right of way of Blevins Street bordering the subject tract, as herein after described be abandoned and vacated; and WHEREAS, the right of way is not needed for public use and will not be needed in the future for public use; and WHEREAS, abandoning and vacating the said right of way will relieve the City of Grapevine, Texas from the cost and expense of maintaining said property. NOW, THEREFORE, BE IT ORDAINED BYTHE 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 public street right of way located adjacent to the subject property described in xhibits "A" and "B", 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, subject to the retention by the City of said right of way as a public utility easement. 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. That the fact that the right of way 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 access 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 15th day of November, 2011. APPROVED: `Ottilb}!:''!ifl� ir IJ m William D. ate �'��� Mayor " ATTEST: oe Linda Huff City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney State of Texas County of Tarrant Before me, Anne Baker, Notary Public on this day personally appeared William D. Tate, Linda Huff and John F. Boyle, Jr. known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 15th day of November, 2011. Nota Signature My Commission Expires: 0111412012 , , <:- ANNE iry BAKER Public * stag of Texas ORD. NO. 2011-59 2 M y Comm.E-' l s 01-14-2012 e M EXHIBIT A 10023 EXHIBIT TO 4�D. aoll-S9 FIELD NOTES FOR A TRACT IN THE HEIRS OF A. FOSTER SURVEY, ABSTRACT No. 518, SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a pipe found at the southwest corner of a tract described in a deed recorded in Volume 7360, Page 401, Deed Records, Tarrant County, Texas, said point also being the southeast corner of the herein described tract; THENCE N. 890-49'-52"W. along the north line of Block 2, Deliwood Acres, as shown on a plat recorded in Volume 388-36, Page 75, Plat Records, Tarrant County, Texas, a distance of 34.82 feet to a 3" metal fence corner post at the southeast corner of the tract described in a deed filed under Clerk's File No. D211011983, Deed Records, Tarrant County, Texas; THENCE N. 000-30'-16"W. 138.01 feet (called South 110.00 feet in the last referenced deed) along the east line of the last referenced tract to a 3/8" iron found at the northeast corner of .same; THENCE N. 880-25'-14"E. 36.05 feet to an "X" cut in the top of curb for the northwest corner of the tract described in a deed filed in Volume 7360, Page 401, above referenced; THENCE S. 000-00'-00"E. (Base Bearing—Volume 7360, Page 401) 138.90 feet to the POINT OF BEGINNING and containing 4,906 _/— Sq.Ft. or 0.113 acres. NOTE: See attached Exhibit B for sketch. n •ysALg•�®gt.s+a sB eaAffii r{Iu .l7'CR W.WA . 2014 A- U gg 1, Walter W. Ward, certify these field notes to be a true and accurate representation of a survey made der my sup rvis n on the ground. _ Registered Professional Land Surveyor No. 2014 WARD SURVEYING DW� FORT WORTH. TEXAS 78182 /� // P.O. BOX 82025 9-0253 Date--------- PHONE 817-898-7088: FAX 817-898-7093 EXHIBIT B 10023 EX 1BET-_ TOW- 029>11- 9 Page ! Of as � West Sunset SCALE: I"= 30' Street N 88°25'14"E 36.05' 3/8" IF "X" Cut on Curb w z [n 0 R 0 W O Michael Toce and Terry Toce O 4,908 Sq.Ft, p Peggy West CF# D211011963, DRTCT. = 0.113 Ac. O C Vol. 7360, Page 401, DRTCT CIO w Y w 03 O O r v 3" Metal P.O.B. Fence Postj Pipe Fnd S 89049'5 "W 34.82 Lot 5, Block 2, Dellwood Acres Vol. 388-36, Pg. 75, PRTCT. SKETCH SHOWING Sketch to accompany field notes for a tract in the Heir of A. Foster Survey Abstract No. 518, situated in the City of Grapevine, Tarrant County, T s. WA '[ i W.WA Q NOTE: See attached Exhibit A for field notes. "•••'•'apse••• as 20 I, Walter W. Ward, certify this sketch to be a true and accurate representation of a survey I made Ander my sup rvisio on the ground. OOWANY U _ - _ WARD SURVEYING 1NC. FORT WORTH, 7ZYA8 76182 Registered Professional Land Surveyor No. 2414 PA BOX 620283-0283 Date PHOW 617-636-7086: FAX 817-696-7099 MARY LOUISE GARCIA » COUNTY CLERK_ ' " 100 West Weatherford Fort Worth,TX 76196-0401 PHONE 817 884-1195 CITY OF GRAPEVINE PO BOX 95104 GRAPEVINE, TX 76099 Submitter: CITY OF GRAPEVINE/PUBLIC WORKS DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 12/14/2011 1:24 PM Instrument#: D211301359 OPR 5 PGS $28.00 r v f Pw By: D211301359 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. Prepared by: SLDAVES'