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Home My WebLink AboutItem 28 - Easement AbandonmentMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: NOVEMBER 7, 2023 SUBJECT: DRAINAGE EASEMENT ABANDONMENTS FOR THE GRAPEVINE CEMETERY ASSOCIATION RECOMMENDATION: City Council consider approving of an ordinance abandoning a portion of two drainage easements on separate tracts owned by Grapevine Cemetery north of Dove Loop and west of Dooley Street. FUNDING SOURCE: BACKGROUND: Grapevine Cemetery Association has requested the City reduce an existing 70' wide drainage easement to 40'. The original easement serves a larger earthen channel that was enclosed with a box culvert by the City in 2005. The two easement abandonments are 1,737 square foot tract (Tract 1) and a 3,252 square foot tract (Tract 2). The drainage easements on the property were originally dedicated by Vol. 10835, Pg. 1824 D.R.T.C.T. Staff recommends approval. ORDINANCE NO. 2023-078 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING TWO (2) TRACTS THAT ARE PART OF A DRAINGE EASEMENT ON GRAPEVINE CEMETERY, CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, The Grapevine Cemetery located north of Dove Loop and west of North Dooley Street, City of Grapevine, Tarrant County, Texas has requested two (2) variable width tracts of a drainage easement of said property, as herein after described, be abandoned and vacated; and WHEREAS, this easement was originally dedicated to the City as a 70-foot-wide Drainage Easement by separate instrument from Vol. 10835 PG. 1824 D.R.T.C.T.; and WHEREAS, the width of easement is to be reduced due to the installation of culvert; MT WHEREAS, the applicant has received signatures from the City and the easement is not needed for public use and will not be needed in the future for public use; and WHEREAS, abandoning and vacating a portion of the said easements 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 portions of two (2) tracts of a drainage easement located on Grapevine Cemetery as described in Exhibits "A" and "B", attached hereto and incorporated herein for all purposes, are 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 portions of the easements are 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 7th November, 2023. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: Matthew C.G. Boyle City Attorney Ordinance No. 2023-078 2 / PARTIAL ABANDONMENT j OF DRAINAGE EASEMENT EXHIBIT "A" (PAGE 1 OF 2) GRAPEVINE CEMETARY / ASSOCIATION INST#D210294779 D.R.T.C.T. I 60 30 0 30 60 ` DRAINAGE I` ; EASEMENT I I GRAPEVINE CEMETARY 1 I V.10935,P.1924 I ASSOCIATION D.R.T.C.T. V.1686,P.367 I D.R.T.C.T. POB TRACT I I i °$9 " GRAPEVINE CEMETARY °3'a5 8 S27 '02 "E �Z"lRF Curve Delta Angle Radius An Tangent Chord Chor'dBeariiag ASSOCIATION N12 �' 9,01, 4- �522°07�$3"E 1 0°53'S6" 709.80 1114 5S7 1134 N86-12'02"W INST#D210294779 15 �A �o 16.06' 2 2"10'42" 709.80 2699 13.49 2698 N78°19'25"W O D.R.T.C.T. . L POB TRACT 2 ) • I8, oo I IF N,S GRAPEVINE CEMETARY s6'^4i�"r� J ASSOCIATION $ V. 12511, P.909 \ \mac lS `D.R.T.C.T. air N7 °�608 ``�2\ \ • fl I114' i DOVE LOOP 15002 UPDATE ESMTI PARTIAL ABANDONMENT OF DRAINAGE EASEMENT EXHIBIT 11B ff (PAGE 2 OF 2) LEGAL DESCRIPTION TRACT 1 BEING a 0.04 acre tract of land in the A.F. Leonard Survey, Abstract No. 946 being a portion of that certain tract of land as to Grapevine Cemetery Association recorded in Volume 12511, Page 909 and being more described as follows: BEGINNING a 1/2" iron rod found with a cap at the east line of the drainage easement as recorded in Volume 10835, Page 1824 D.R.T.C.T. and the intersection of the north line of said Grapevine Cemetery tract; THENCE S 22°07'53" E along said east line a distance of 16.06 feet; THENCE S 57°29'56" E along said east line a distance of 107.87 feet; THENCE S 46°36'52" E along said east line a distance of 79.14 feet to a point in the north right-of-way line of Dove Loop and said point also being the Point of Curvature of a curve to the right having a radius of 709.80 feet, a Central Angle of 0°53'56", a Chord Bearing of N 86*12,02" W and a Chord Distance of 11.14 feet; THENCE along said right-of-way and curve in a northwesterly direction a distance of 11.14 feet; THENCE N W5621" W leaving said right-of-way a distance of 132.82 feet; THENCE N 50°18'45" W a distance of 64.50 feet to a point in the north line of said Cemetery tract; THENCE N 72'31'45" E a distance of 11.30 feet to the Point of Beginning and containing in all 1737 square feet or 0.04 acres of land. TRACT 2 BEING a 0.08 acre tract of land in the A.F. Leonard Survey, Abstract No. 946 being a portion of that certain tract of land as to Grapevine Cemetery Association recorded in Volume 12511, Page 909 and being more described as follows: BEGINNING a 1/2" iron rod found with a cap at the west line of the drainage easement as recorded in Volume 10835, Page 1824 D.R.T.C.T. and being by deed call the most westerly northwest corner of said Grapevine Cemetery tract; THENCE N 72°31'45" E along said north line a distance of 15.17 feet THENCE S 27°59'02" E a distance of 9.01 feet; THENCE S 50*18'24" E a distance of 79.76 feet; THENCE S 51 °55'31 " E a distance of 66.43 feet to a point in the north right-of-way line of Dove Loop and said point also being the Point of Beginning of a curve to the right having a radius of 709.80 feet, a Central Angle of 2°10'42", a Chord Bearing of N 78119'25" W and a Chord Distance of 26.98 feet; THENCE along said right-of-way and curve in a northwesterly direction a distance of 26.99 feet; THENCE N 72°42'56" W along said right-of-way a distance of 26.08 feet to a point in the west line of said Cemetery tract; THENCE N 57°29'56" W along said west line and leaving said right-of-way a distance of 76.67 feet; THENCE N 21 °49'25" W a distance of 44.07 feet to the Point of Beginning and containing in all 3252 square feet or 0.08 acres of land. SURVEYORS CERTIFICATE The 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{•• T undersigned has no knowledge of or has been advised of any known or apparent intrusions, conflicts, AN p.• 6% 5 TE�q•4F� FGThe easements, or protrusions except as shown. 49:+ word certify as used in various forms herein is understood to be an expression ofProfessional /'TOMMY opinion by the surveyor based on his best knowledge, information, and belief. 0, BURKS ® .{YN{NNNN{N{�N{N••Y• Tommy Q. Burks S UR`1 Registered Professional Land Surveyor No. 5509 Burks Land Surveying Firm No. 10069700