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HomeMy WebLinkAboutItem 16 - Utility Easement Abandonment, Placid Peninsula AdditionMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER Ak MEETING DATE: MARCH 28, 2000 SUBJECT: UTILITY EASEMENT ABANDONMENT — LOTS 15 AND 16, BLOCK 3, PLACID PENINSULA ADDITION RECOMMENDATION: City Council consider adopting an ordinance abandoning a 10' wide utility easement in Lots 15 and 16, Block 3, Placid Peninsula Addition and take any necessary action. BACKGROUND INFORMATION: The owner of Lots 15 and 16, Block 3, Placid Peninsula Addition has requested that the City abandon the existing utility easement along the east property line of these lots. The City does not have utilities within this easement and the franchised utility companies agree with this abandonment. Staff recommends approval. JLH/mcf O:\AGENDA\03-28-00\PLPN15R MEM.DOC March 22, 2000 10:35AM ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A TEN FOOT (10') 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 Lots 15 and 16, Block 3, Placid Peninsula, Section A as filed in Volume 388-U, Page 61, Plat Records of Tarrant County, Texas, the property containing a ten foot (10') 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; and WHEREAS, abandoning and vacating said utility easement will relieve the City of Grapevine, Texas from the cost and expense of maintaining said property. Y 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS on this the 28th day of March, 2000. FWATIJ1200wa ATTEST: ORD. NO. 2 BEING a tract orparcel of land situated in the G. B. Chancellor Survey, Abstract No. 390, situated in the City of Grapevine Tarrant County, Texas; said tract being part of Lot 15 and Lot 16, Block 3, of Placid Peninsula, Section A, an addition to the City of Grapevine, Tarrant County, Texas as recorded in Volume 388—U, Page 61, Deed Records, Tarrant County, Texas, said tract also being part of the tract of land described to Michael Andrew James and Arlene Elizabeth James in deed recorded in Volume 13714, Page 231, of the Deed Records Tarrant County, Texas, and being more particularly described as follows: COMMENCING at 1/2 inch iron rod found at the Southwest comer of Lot 17 of said Placid Peninsula, said point also being the Northwest corner of Lot 16 of said Placid Peninsula, said point also being in the East right—of—way line of Peninsula Drive (a 50 foot right—of—way); THENCE North 65'11'13" East, leaving the said right—of—way and along the common line of Lots 16 and 17, a distance of 63.51 feet to the POINT OF BEGINNING; THENCE North 65'11'13" East a distance of 10.00 feet to a point for corner; THENCE South 24'38'00" East a distance of 90.02 feet to a point for corner; THENCE South 24'40'56" East a distance of 95.14 feet to a point for corner; THENCE South 89'45'52" West a distance of 10.98 feet to a point for corner; THENCE North 24'40'56" West a distance of 90.60 feet to a point for corner; THENCE North 24'38'00" West a distance of 89.99 feet to the POINT OF BEGINNING and containing 0.0420 acres of land, mor e or less. SURVEYOR'S CERTIFICATION I the undersigned, hereby certify that the plot and field notes represent on actual and accurate survey on the ground and that the corner monuments shown therein were properly placed under my supervision in accordance with Texas Society of Professional Surveyors Category 1A, Condition II, and that there are no conflicts or protrusions EXCEPT as shown. DATED THIS THE DAY OF L`C�2000. DAVID F. MCCULLAH Registered Professional Land Surveyor #4023 McCULLAH SURVEYING, INC. 4660 Sunbelt Drive Addison, Texas 75001 PZE0Fr 511 �G'�S7e9F ..:... ....... .:... oA . M�cuL�ul o . ....... 4023„ 9�0 SUR�EypQ RAc-,o P"_wSULk `,OLUWE _W -U, PK.Z 61 LOT 17 POB Poc , ON r PR,,C-O PE4INSUL.A VOLUME 388-U, PACE 61 -A LOT 16 I/Z* IRON S,7 *171H CAP MARKED SURYEyINe PLACID PENINSULA VOLUME 366-U, PAGE 611 XT 15 PON SET CAP MARKED ccuukH SuRvrnw FLOWAGE EkSEWENT 57200 EI.EVAT)CN UNE 0' OILFTY EASEMENT 11r RCN ROO FOUND 10.98— S89*4.5'5Z*Y PLACID PENINSULA VOLUME 388-U, PAGE 61 LCT 14 SCALE: NONE 1/2' IRON RDD wmH CAP FOLNo Cism8c TO COMOLYN IL AND FRAN= W. DIU IN GUISE Na 96-85374-84 "---IN THE M—,IOCT COURT OF T~ COUNTY, TEXAS 96J AJOICAL D(SrFOCT LUTED A>?E 23, 1999 U14 DESMBED TO IJCHAEL. MOW* iA"FS AND ARLENE EIJZAc—TH ,AWES N DOM RECCRDED IN VOLUME 13714, PACE 231 CFrD RECCROS, TA�5ZANT OccWry, TEXAS LO —1 25' RAJ -MG UNE— F3LCDCK 3 6' 8U DNC LkE--,, 11V IRON SET SUP"c m I Lei 0 Cl =.&I WWAI Ilk I no 1011:111m 3/4 * IRON PPE FOUND I/Z, ROI4 SET " CAP MARKED ,Mo --um sum -'NC' LrSA TRACT MONUMENT CZN-24