The URL can be used to link to this page

Home My WebLink AboutItem 24 - Sanitary Sewer Easement Abandonment--- ITEM 0 MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, ACTING CITY MANAGER �� MEETING DATE: NOVEMBER 15, 2005 SUBJECT: SANITARY SEWER EASEMENT ABANDONMENT — 420 E. WALL STREET LOT 5R, G.E. HURST ADDITON RECOMMENDATION: City Council consider adopting an ordinance abandoning a portion of a sanitary sewer easement along the eastern perimeter of Lot 5R, G.E. Hurst Addition, and take any necessary action. BACKGROUND INFORMATION: The owner of 420 E. Wall Street has requested a portion of the sanitary sewer easement to be abandoned along the eastern border of the property. The owner is attempting to construct a detached garage that will encroach into the unused easement. This abandonment will allow the construction. Public utilities have agreed to the abandonment. Staff recommends approval. ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A SANITARY SEWER 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 5R, G. E. Hurst Addition, recorded in Cabinet A Slide 5161, Plat Records, Tarrant County, Texas, more specifically described in Exhibit "1" attached hereto and incorporated herein for all purposes, has requested 1,570 square feet of the existing sanitary sewer easement along the eastern perimeter of Lot 5R, G. E. Hurst Addition, as herein after described be abandoned and vacated; and WHEREAS, the 1,570 square feet of the existing sanitary sewer 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 1,570 square feet of a portion of the sanitary sewer easement located within the property described in Exhibit "'I", 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 1,570 square feet of the existing sanitary sewer 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 1,570 square feet of the existing sanitary sewer 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 sanitary sewer 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 15th day of November 2005. ATTEST: Ullyaa�� 00 MI, R.J.Daum R.P.L.S. 10-25-2005 EXHIBIT N0.1 ABANDONMENT DESCRIPTION Being a portion of an existing sanitary sewer easement located across a portion of of Lot 5R,MRS. G.E. HURST SUBDIVISION REPLAT, an Addition to the City of Grapevine,Tarrant County, Texas, according to the Plat recorded in Cabinet A, Slide 5161, Plat Records of Tarrant County, Texas, being more particularly described as follows: COMMENCING at an iron rod found at the Southwest corner of said Lot 5R and being in the North right of way of Wall Street; THENCE East, with said north right of way line, a distance of 5.0 feet to an iron rod set for corner and being the PLACE OF BEGINNING; THENCE North , a distance of 149.60 feet to an iron rod set for corner in the south line of said sanitary sewer easement; THENCE East, with the south line of said sanitary sewer easement, a distance of 7.00 feet to an iron rod set for corner; THENCE South 02°40'45" East, a distance of 149.75 feet to an iron rod set for corner; THENCE West, with the said north right of way of Wall Street, a distance of 14.00 feet to the PLACE OF BEGINNING and containing 1,570 square feet of land. R.J.D m Texas P.L.S. #4826 P.O..Box 210856 Dallas, Texas 75211 October 25,2005 • EXHIBIT NO. 2 ABANDONMENT OF A PORTION OF A SANITARY SMR EASEMENT: ALL PARTIES INTERESTED IN PREMISES SURVEYED: As is to certify that I have, this date, made a survey on the ground of the property located at 420 EAST WALL STREET, in the City of GRAPEVINE. Texas, described as follows: BEING Lot 5R, MRS. G. E. HURST SUBDIVISION REPLAT, an Addition to the City of GRAPEVINE, TARRANT County, Texas, according to the Plat thereof recorded in Cabinet A, Slide 5181, Deed Records of TARRANT County, Texas. MARY LYNN FULLER DOC. N0. D204053503 D.R.T.C.T. EAST -5 00' �— EAST 70.00' �'�T•FoD P.O.W. WEST 14.00' E. WALV STREET ASPHALT ROAD NOTE: Iron rod at corners unless noted. Lot lines and easements are according to said Plat of Record, unless noted. The plat hereon is OaErepresentation ofSthe�proper y asrdetterrmlined by sAurvep subject olany easements, reservations and restrictions that may be on record, the lines and dimensions of said property being as indicated by the plat, the size, location and type of buildings and improvements are as shown, improvements being within the boundaries of the proppe�rty, set back from property lines a distan indicated. There are no visible easements, encroachments, onfliets or protrusions, except as sh ey 's not to be used for construction purposes. )ATE: October 25, 2005 SCALE: 1"= 30` Realate d fesaional Land Surveyor / 4826 "OB NO: WALI45 P. 0. BOX 210856 DALLAS, ERAS 75211 PHONE 972-870-2173 FAX 972-870-2174 — WEST 70.00' - 8R ' 10• IItllity aemt ~ TST 7.00' Sanitary Sower Bam't O Cab. A 9lidetilel DILT.C.T. ZV T C T c' LOT 5R 7R tX LOT 4R tv � cn co o yr 6' Utility Sam t � T 420 E. WALL STREET �. r T EXIJUSE HO6R � Sanitary sewer) 8ean't 30'BCab. (e8lide G1S3 D.&T.C.T. 6' IIt�ty Eam't POC ! P j'` EAST -5 00' �— EAST 70.00' �'�T•FoD P.O.W. WEST 14.00' E. WALV STREET ASPHALT ROAD NOTE: Iron rod at corners unless noted. Lot lines and easements are according to said Plat of Record, unless noted. The plat hereon is OaErepresentation ofSthe�proper y asrdetterrmlined by sAurvep subject olany easements, reservations and restrictions that may be on record, the lines and dimensions of said property being as indicated by the plat, the size, location and type of buildings and improvements are as shown, improvements being within the boundaries of the proppe�rty, set back from property lines a distan indicated. There are no visible easements, encroachments, onfliets or protrusions, except as sh ey 's not to be used for construction purposes. )ATE: October 25, 2005 SCALE: 1"= 30` Realate d fesaional Land Surveyor / 4826 "OB NO: WALI45 P. 0. BOX 210856 DALLAS, ERAS 75211 PHONE 972-870-2173 FAX 972-870-2174