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HomeMy WebLinkAboutItem 27 - Boundary Line Grapevine CemeteryMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: NOVEMBER 7, 2023 SUBJECT: BOUNDARY LINE ADJUSTMENT AGREEMENT WITH GRAPEVINE CEMETERY ASSOCIATION RECOMMENDATION: City Council to consider approving a boundary line agreement with the Grapevine Cemetery Association on property located north of Dove Loop and west of North Dooley. FUNDING SOURCE: NONE BACKGROUND: The Grapevine Cemetery, a 4.5 acre public cemetery has requested to modify the property boundary for the cemetery that was founded in 1860. The Grapevine Cemetery Association owns property adjacent to the City of Grapevine's right-of-way. In 1999, the City Council abandoned Wildwood right-of-way which crossed the southern boundary of Grapevine Cemetery. In 1992 and 1999, North Dooley and Dove Loop respectively, were improved according to the City's Master Thoroughfare Plan. This Boundary Line Adjustment Agreement clarifies minor boundary issues between the cemetery property and the two city street rights -of -way. Staff recommends approval. STATE OF TEXAS § § BOUNDARY LINE AGREEMENT COUNTY OF TARRANT § This Boundary Line Agreement ("Aueement") is made by and between the City of Grapevine, Texas (the "City") and the Grapevine Cemetery Association ("GVCA"), both of which are duly authorized to execute this Agreement. WHEREAS, the City and GVCA own property adjacent to one another within the A.F. Leonard Survey, Abstract No.946; and WHEREAS, the City's property is two adjacent Public Streets/Right of Ways (Dove Loop and North Dooley Street); and WHEREAS, the GVCA's properties are recorded in Volume 1686, Page 367, Volume 12511, Page 909 and Instrument #D210294779 of the Deed Records of Tarrant County Real Property Records (the "GVCA Lot"); and, WHEREAS, the City and GVCA wish to adjust the boundaries of the City Right of Way and the GVCA Lot. NOW, THEREFORE, City and GVCA, for the mutual consideration provided for herein, the receipt and sufficiency of which are hereby affirmed, agree as follows: 1. The findings set forth above are incorporated into the body of this Agreement as if fully set forth herein. 2. From and after the execution of this Agreement, City and GVCA hereby agree that the boundaries of the City Right of Way and the GVCA Lot shall be revised as shown and reflected on the attached Exhibit "A". 3. City and GVCA hereby convey and transfer the real property as necessary to result in the new lot lines shown and described in Exhibit A. 4. This Agreement constitutes a covenant running with the land including the City Right of Way and the GVCA Lot and shall be binding on and enforceable by the City and GVCA and their respective successors and assigns. 5. The laws of the State of Texas shall govern the interpretation, validity, performance, and enforcement of this Agreement. The parties agree that this Agreement is performable in Tarrant County, Texas, and that exclusive venue shall lie in Tarrant County, Texas. 6. This Agreement embodies the entire agreement between the parties and may only be modified in a writing executed by both parties. 7. This Agreement shall be binding upon the parties hereto, their successors, and assigns. Neither of the parties will assign nor transfer an interest in this Agreement without the written consent of the other party. 8. Effective Date. The effective date of this Agreement shall be the last day this Agreement is approved by a party hereto as indicated on the signature blocks below (the "Effective Date"). 9. Before a suit is filed by either party based on or pertaining to this Agreement, the parties agree that they will submit the dispute for mediation, pursuant to the procedure described in Section 154.023 of the Texas Civil Practice and Remedies Code, as amended. 10. Either party may file a certified copy of this Agreement in the real property records of Tarrant County, Texas. 11. If any article, paragraph, subdivision, clause, or phrase of this Agreement be adjudged invalid or held unconstitutional for any reason, such judgment or holding shall not affect the validity of this Agreement as a whole or any part or provision thereof other than the part so declared to be invalid or unconstitutional. 12. It is expressly understood and agreed that, in the execution of this Agreement, no party waives, nor shall be deemed hereby to have waived, any immunity or defense that would otherwise be available to it against claims arising in the exercise of governmental powers and functions. By entering into this Agreement, the parties do not create any obligations, express or implied, other than those set forth herein, and this Agreement shall not create any rights in parties not signatories hereto. IN WITNESS WHEREOF, the parties have executed this Agreement in multiple originals to be effective as of the date of signature by all parties hereto. GRAPEVINE CEMETERY ASSOCIATION CITY OF GRAPEVINE, TEXAS Date: ATTESTED: By: (name) (title) Date: ATTESTED: 2 Secretary APPROVED AS TO FORM: The State of Texas County of Tarrant Before me, the undersigned, on this day personally appeared of Grapevine Cemetery Association, proved to me through the presentation of a valid Texas DriverOs License to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed. Mr./Ms. furthermore attested that he/she is signing this in his/her capacity as of Grapevine Cemetery Association, and that such capacity makes his/her signature valid to bind the Grapevine Cemetery Association. Seal: GIVEN UNDER MY HAND AND SEAL OF OFFICE, this _ day of 2023. My Commission Expires: Notary Public in and for the State of Texas Exhibit A 150 75 0 75 UTILITY LEGEND O SANITARY SEWER MANHOLE Q ATT VAULT © WATER MH AND BLOWOFF �LV WATER VALVE (©� GAS MARKER © FIBER OPTIC CABLE MARKER pL4 POWER POLE `d FIRE HYDRANT FH IRSC IRON RODSETWRHA 'TO BURKS I5W9 CAP" IRF IRON ROD FOUND O CABLE RISER ® CLEANOUT © IMCI VAULT © (TRAFFIC SIGN VQ VERIZON VAULT © TELEPHONE RISER LC] LIGHT POLE L ® WATER METER S 8800141I E 13.45' 112" IRS , II P. O.B •v�i / i II l l l �I� 150 I I I I fir' li 00, I I I I I 1 II II I fti I jT 1 t i I � I I I I I QI I I bl O. y BREAK LINE— � --IJ_--- — _ — 8EE PPAGE 2 ---- --- BOUNDARY LINE AGREEMENT (PAGE I OF 3) A BOUNDARY LINE AGREEMENT i (PAGE 2 OF 3) 150 75 0 75 150 SEE PAGE I BREAK LINE R a ' bl I ti UTILITY LEGEND I op O SANITARY SEWER MANHOLE ATT VAULT h ® WATER MH AND SLOWOFF I I O NWATER VALVE I (� GAS MARKER I © FIBER OPTIC CABLE MARKER POWER POLE .Pry II y FIRE HYDRANT FH IRSC I GtONBUROD RKS SET75589 CW RHAPA 'f0 " 1p�'pC IR• PON ROD FOUND h Q CABLE RISER I M CLEANOUT © MCI VAULT Q TRAFFIC SIGN I I - S03°19'14"W FVI VEflRON VAULT MTTELEPHONERISE9 t S23I' LIGHT POLE WATER METER 1 1 N74034'59"W 1 W w 1121° tat;• 7,6g32"rtr \ �\ S16°29'54"W o N70°32'14"W 47.94' �1�irE S14°13'41"W 4A9'\\S89°20'51 "WN16°29'- - �31.52' - 4.44 N72°42'56"W _ DOVE OP v589°90'30"W 6856' ' 18.87' N89002'S3"W A m S67°15'37"W 3431' 18.79' Curve Delta Angle Radius Are Tangent Chord Chord Bearing 1 9°37'09" 1384.00 23235 116.45 232.08 S S°41'40" W 2 10*18,59" 709.80 127.80 64.08 127.63 N82*23'34"W BOUNDARY LINE AGREEMENT (PAGE 3 OF 3) LEGAL DESCRIPTION BEING a tract of land in the A.F. Leonard Survey, Abstract No. 946 being those certain tracts of land as to Grapevine Cemetery Association recorded in Volume 1686, Page 367, Volume 12511, Page 909 and Instrument #D210294779 of the Deed Records of Tarrant County, Texas and along the Right of Way lines of Dove Loop and North Dooley and being more described as follows: BEGINNING at a 112" iron rod set with a cap and being by deed call the northeast corner of the Grapevine Cemetery Association tract; THENCE S 88' 014l " E a distance of 13.45 feet to a wrought iron fence corner; THENCE the following calls generally along the existing wrought iron fence establishing the west Right of way line of North Dooley; THENCE S 00' 05' 34" W a distance of 694.99 feet; THENCE S 01 ° 58' 48 " W a distance of 693.94 feet; THENCE S 03' 35' 56" W a distance of 119S8 feet; THENCE S 05° 19' 14" W a distance of 52.31 feet to the Point of Curvature of a curve to the left having a Radius of 1,384.00 feet, a Central Angle of 09'37'09 ", a Chord Bearing of S 05°41'40" W and a Chord Distance of 232.08 feet; THENCE along said curve in a southerly direction a distance of 232.35; THENCE S 00° 32' 16" E a distance of227.39 feet; THENCE S 89' 40' 30" W leaving said Noah Dooley right-of-way a distance of 18.87 feet; THENCE S 16° 29' 54" W a distance of 9.54 feet; THENCE S 67° 15' 37" W a distance of 18.79 feet in the north fine of Dove Loop, THENCE the following calls generally along the existing wrought iron fence and establishing the north Right of way line of Dove Loop, THENCE S 89' 20' 51 " W a distance of 3152 feet; THENCE N 89' 02' 53" W a distance of 34.31 feet to the Point of Curvature of a curve to the right having a Radius of 709.80 feet, a Central Angle of 10'18'S9 ", a Chard Bearing of N 82°2334" W and a Chord Distance of 127.63 feet; THENCE along said curve in a northwesterly direction a distance of 127.80 feet; THENCE N 72° 42' 56" W a distance of 6856 feet; THENCE N 72' 09' 22 " W a distance of 106.91 feet; THENCE N 16129121 " E a distance of 4.44 feet; THENCE N 72' 21' 32 " W a distance of 7.69 feet; THENCE S 14' 13' 41 " W a distance of 4.49 feet; THENCE N 70' 32' 14 " W a distance of 47.94 feet; THENCE N 74° 34' 59" W a distance of 14.05 feet to a 112 " iron rod found with a cap at the southeast corner of Lot 3, Block 5 Silver Lake Estates Phase 3 as recorded in Cabinet A, Slide 11135 of the Plat Records of Tarrant County, Texas; SURVEYORS CERTIFICATE T he plat shown hereon is a representation of the property as determined by an actual on the ground survey. the lines and dimensions of said property being indicated by the plat. The undersigned has no knowledge of or has been advised of any known or, apparent intrusions, conflicts, easements, or protrusions except as shown The word certify as used in various forms herein is understood to be an expression of professional opinion by the surveyor based on his best knowledge, infomtation, and belief. Z y, S % Tommy Q. Burks Registered Professional land Surveyor No 5509 Burks Land Surveying BOUNDARY LINE AGREEMENT SURVEY c �+ OF rgRF•.,,+ GRAPEVINE CEMETERY � Sffl1ATEDIN THE ..%„....,,..,..,»..,,:,.. CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS TOMMY 0. BURKS MAY 2023 Z 4 JS V v: PREPARED BY: �qp� BURKS LAND SURVEYING M CR 1260 . S S�CrT'OQ` ...•.� DECATUR, TEXAS 76] iJ S URV arras-ssn 6n1aL Nnrvey93@y+]—o 15002 UPDATE-BGA3