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HomeMy WebLinkAboutItem 13 - Utility Easement Abandonment Westover Addition 11194 • /3 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER IV MEETING DATE: JUNE 6, 2000 SUBJECT: UTILITY EASEMENT ABANDONMENT — LOT 13R, BLOCK 1 , WESTOVER ADDITION, PHASE II RECOMMENDATION: City Council consider adopting an ordinance abandoning a 2.5 foot wide portion of an existing 7.5 foot wide utility easement along the rear property line of Lot 13R, Block 1, Westover Addition and take any necessary action. BACKGROUND INFORMATION: The owner of the subject property has requested that the City abandon a 2.5 foot wide portion of an existing 7.5 foot wide utility easement to remove an encroachment that was created through the construction of a swimming pool and spa. The request to abandon 2.5 feet of the existing 7.5 foot utility easement will result in the City retaining a 5.0 foot utility easement for the future construction and/or maintenance of the public utility system. Staff recommends approval. O:\agenda\06-06-00\westove r_I 13_ue May 24, 2000 12:33PM lt ' V ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A TWO AND ONE HALF FOOT (2.5') PORTION OF AN EXISTING SEVEN AND ONE HALF FOOT (7.5') UTILITY EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of Lot 13R, Block 1 , Westover Addition, Phase II as filed in the Cabinet A, Slide 1166, of the Plat Records of Tarrant County, Texas, the property containing a seven and one half foot (7.5') utility easement, more specifically described in Exhibit "A" attached hereto and incorporated herein for all purposes, has requested the utility easement, as herein after described be abandoned and vacated; and WHEREAS, the utility easement is not needed for public use and will not be needed in the future for public use. 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 utility 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, and interest in and to said utility easement 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 phase shall be held to be invalid, it shall not affect the remaining part of this ordinance. Section 4. The fact that the utility 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 utility 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. 4 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 6th day of June, 2000. APPROVED: ATTEST: APPROVED AS TO FORM: ., ORD. NO. 2 EXHIBIT "A" EASEMENT ABANDONMENT LOT 13 R, BLOCK 1 WESTOVER ADDITION PHASE II CITY OF GRAPEVINE A portion of a 7.5 foot wide utility easement across the east side of Lot 13R, Block 1, WESTOVER ADDITION, PHASE II, City of Grapevine, according to map or plat thereof recorded in Cabinet A. Slide 1166, of the Plat Records of Tarrant County, Texas being described by metes and bounds as follows: COMMENCING at a 1/2 inch steel rod for the northeast corner of said Lot 13R, Block 1; THENCE along the north line of said Lot 13R, South 89 degrees 58 minutes 05 seconds West, 5.02 feet to the POINT OF BEGINNING: THENCE South 05 degrees 42 minutes 26 seconds West, parallel to the East line of of said Lot 13R, 70.35 feet to a point; THENCE South 89 degrees 58 minutes 05 seconds West, 2.51 feet to a point: THENCE North 05 minutes 42 minutes 26 seconds East, 70.35 feet to a point on the north line of of said Lot 13R; THENCE North 89 degrees 58 minutes 05 seconds East, along the north line of said ILLot 13R, 2.51 feet to the point of beginning and containing 175.9 square feet. r . i Thomas W. Vogt, RPLS 1928 April 27, 2000 I I IL EXHIBIT •B• ABANDONED UTILITY EASEMENT LOT 13R, BLOCK 1 WESTOVER ADDITION, PHASE II CITY OF GRAPEVINE LOT I" 1,19' LO I' 12R• PR Iry 0 1. A1AI O . a ��• 7' N 89 05'E SEE ATTACHED IA 2 r rill , 52.,' y II tv cADNI allallanie r,-,,s, te33 '� 'ist CO z 0 y o • rn QQ• t is.a j V y ,NA CN7t{ 37-g' 12.5 _' 2 pq k. 1.1 '' aP/ lb E C 40.0• .. . . �:O 13 R 0�', ..i BL 1 1.1. I r • ' • O V4.4 elm — .. -.— - -- - --ai a — - —— V cz � �. 134.15' I �� • 11 S 89'58' 05' W tivh,1' I,0111 14-R SURVEYORS CERTIFICATION A'. The undersigned does hereby certify that this survey was this day made on the ground of the property legally described hereon and is -�..0.•T�' correct and that there are no discrepancies,conflicts,encroachments. P..tOSTERF.•+ k , overlappingaof improvements,visible easements or rights of way, I '. O•� . except as shown hereon and that said property has access to and �i//J ` CO. 1 •N from a dedicated roadway. Any reference to the 100 year flood plain �.,fin 6., t THOMAS W.N. 'oflood hazard zones are an estimate based on data shown on the 0. 20' 40' Flood Insurance Rate Map provided by FEMA and should not be 7 • o f1 interpreted as a study or determination of the flooding propensities of REVISED May 05,2000 \�y•.9092 • . r' this property. DATE:April 27,2000 '•=.'c••' 'yv,,��•/•, SCALE 1'=25' S 11:- .! %1//..d v/Z..//s/.:( NOTES.�C1•�� LEGEND 1.Beelrodsngs found at from plat. 2.Steel rods t ; P lot comers THOMAS W. VOGT .E. _ _ S.R.F. o STEEL ROD FOUND used for control. REGISTERED PROFESSIONAL LAND SURVEYOR S.R.S. • STEEL ROD SET 3.Use front property line for NO. 1928 — -- PROPERTY LINE directional control. REGISTERED PROFESSIONAL ENGINEER NO. 46822 — - — - -- WOOD FENCE 4.Street right of way dedicated 1701 OAKWOOD x x CHAIN LINK FENCE with plat. HALTOM CITY. =us 76117 I 817-834-5880 P.P. • POWER POLE FAX 817-834-5023 — E OVER HEAD ELEC.LINE corn:raw WOO-MAIM T poor