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HomeMy WebLinkAboutItem 13 - Utility Easement Abandonment, Grapevine Lake Estates AdditionMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, ACTING CITY MANAGER'j�j2__ MEETING DATE: AUGUST 16, 2005 SUBJECT: UTILITY EASEMENT ABANDONMENT — LOT 17, BLOCK 10, GRAPEVINE LAKE ESTATES ADDITION RECOMMENDATION: City Council consider adopting an ordinance abandoning a four -foot wide portion of a ten - foot wide utility easement for a total abandonment of 763 square feet located in Lot 17, Block 10, Grapevine Lake Estates Addition, and take any necessary action. BACKGROUND INFORMATION: The owner of Lot 17, Block 10, Grapevine Lake Estates Addition has requested the four - foot width be abandoned from the existing ten -foot wide utility easement along the east property line of the lot. The easement has an overall length of 190.77 feet and will yield a total abandonment of 763 square feet. The property owner is attempting to construct a detached garage that will encroach slightly less than four -feet into the ten -foot wide easement. This abandonment will allow the construction. The public utilities have agreed to the abandonment. Staff recommends approval. MON 15 0 15 30 45 SCALE: I" = 30' PAGE 1 of 2 LEGAL DESCRIPTION LOT 17, BLOCK 10 GRAPEVINE LAKE ESTATES SECTION 4 AS RECORDED IN VOL. 388 W, PG. 17 P.R.T.C.T. I LOT 14 PROPOSED PARTIAL EASEMENT ABANDONMENT LOT 17, BLOCK 10 GRAPEVINE LAKE ESTATES SECTION 4 J. L. WHITMAN SURVEY, ABSTRACT NO. 1593 CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS PREPARMBY: BURKS LAND SURVEYING AUGUST2005 LOT 12 5'U.E. ( ! rn r. nI � i SII Imim FOREST HILL 2116 a (7q7 m: LOT 18 z LOT 17 z LOT 16R ZICo rl No S 89*24'00*W 97.00' FOREST HILL RD PROPOSED PARTIAL EASEMENT ABANDONMENT LOT 17, BLOCK 10 GRAPEVINE LAKE ESTATES SECTION 4 J. L. WHITMAN SURVEY, ABSTRACT NO. 1593 CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS PREPARMBY: BURKS LAND SURVEYING AUGUST2005 r PROPOSED PARTIAL EASEMENT ABANDONMENT BEING a 0.018 acre tract of land in the J. L. Whitman Survey and being a portion of that certain tract of land known as lot 17, Block 10 Grapevine Lake Estates Section 4, as recorded in Volume 388W, Page 17 of the Plat Records of Tarrant County, Texas and being more particularly described as follows: COMMENCING at the southeast corner of said Lot 17 and said point also being by plat call the southwest corner of Lot 16R, Block 10 of said Grapevine Lake Estates; THENCE S 890 24'00" W along the south property line of said Lot 17 a distance of 6.00 feet to the POINT OF BEGINNING; THENCE S 890 24'00" W along said south property line a distance of 4.00 feet to a point; THENCE N 000 52' 16 W a distance of 190.76 feet to a point in the north property line of said Lot 17 and also being in the south property line of Lot 12, Block 10 of said Grapevine Lake Estates; THENCE N 890 21'00" E along said north property line a distance of 4.00 feet to a point; THENCE S 000 52' 16" E a distance of 190.77 feet to the Point of Beginning and containing in all 763 square feet or 0.018 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 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, information, and belief. Tommy Q. Burks Registered Professional Land Surveyor No. 5509 Burks Land Surveying 600 S. Main / PO Box 603 Rhome, Tx 76078 Metro & Fax 817/638-2242 PAGE 2 of 2 TOMMY Q ­' R 5500., f -6, 05059E2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A 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 property owner of Lot 17, Block 10, Grapevine Lake Estates Addition, recorded in Volume 388 W, Page 17, Plat Records, Tarrant County, Texas, more specifically described in Exhibit "A" attached hereto and incorporated herein for all purposes, has requested 763 square feet of the existing ten foot utility easement along the east side of the lot, as herein after described be abandoned and vacated; and WHEREAS, the 763 square feet of the existing ten foot utility easement is not needed for public use and will not be needed in the future for public use; and 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 763 square feet of the existing ten foot 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, interest in and to said 763 square feet of the existing ten foot 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 phrase shall be held to be invalid, it shall not affect the remaining part of this ordinance. Section 4. The fact that the 763 square feet of the existing ten foot 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 16th day of August 2005. "Twas-1191TIM ATTEST: ORD. NO. 2