HomeMy WebLinkAboutItem 26 - Easement AbandonmentMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: SEPTEMBER 19, 2023
SUBJECT: TEMPORARY PUBLIC ACCESS EASEMENT ABANDONMENT ON
ENCHANTED WAY
RECOMMENDATION: City Council to consider adopting an ordinance abandoning a 739 square
foot segment of a temporary public access easement bordering
Enchanted Way, and take any necessary action.
FUNDING SOURCE:
BACKGROUND: The owner of 16.619 acres located at 2050 State Highway 121 has
requested the abandonment of 739 square foot segment of temporary
access easement that extends beyond the right of way for Enchanted
Way.
The temporary access easement was originally dedicated in September
1997 by Instrument Number D197179122 to provide a turn around at the
north end of the Enchanted Way limit. Enchanted Way has since been
extended to connect with the area roadway. The turn around has been
removed.
The owners of the adjacent property are preparing to develop the tract.
They have a replat on the P&Z and City Council agenda for September
19, 2023.
The segment proposed for abandonment is no longer needed by the City.
Abandonment will remove a burden upon the adjacent property in
coordination with the development plans.
Staff recommends approval.
ORDINANCE NO.2023-056
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATINGA739
SQUARE FOOT PORTION OF A TEMPORARY ACCESS
EASEMENT LOCATED ADJACENT TO ENCHANTED WAY
RIGHT-OF-WAY 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 the 16.619 acre tract, proposed Lot 1, Block 1,
121 Commerce Center Addition located at 2050 State Highway 121, City of Grapevine,
Tarrant County, Texas, the property containing an access easement, more specifically
described in Exhibit "A" attached hereto and incorporated herein for all purposes, has
requested the access easement, as herein after described be abandoned and vacated;
and
WHEREAS, this easement was originally dedicated to the City as a 0.173acre
Temporary Access Public Access Turn Around by separate instrument from D197179122
dated September 1997; and access easement is not needed for public 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 MeetingsActand Chapter
211 of the Local Government Code; and
WHEREAS, the City Council deems the adoption of this ordinanceto 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 access easement 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 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 maintain 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 19th day of September, 2023.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2023-056 2
EXHIBIT A
ABANDONMENT OF A PORTION OF A TEMPORARY ACCESS EASEMENT
Being 739 Square Feet of Land Located in the James Gibson Survey, Abstract No. 586 City of Grapevine,
Tarrant County, Texas
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