HomeMy WebLinkAboutItem 12 - Enchanted WayMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER fes,/
MEETING DATE: AUGUST 17, 2004
SUBJECT: TEMPORARY ACCESS EASEMENT ABANDONMENT —
ENCHANTED WAY
RECOMMENDATION:
City Council consider adopting an ordinance abandoning a 739 square foot segment of
temporary access easement bordering Enchanted Way and take any necessary action.
BACKGROUND INFORMATION:
The owner of a tract of land bordering Enchanted Way has requested the abandonment
of a 739 square foot segment of temporary access easement that extends beyond the right
of way for Enchanted Way.
The temporary access easement was originally dedicated to provide a turn around at the
north end of the Enchanted Way terminus. Enchanted Way has since been extended to
connect with the area roadway network. The turn around has been removed.
The owners of the adjacent property are preparing to develop the tract. They have a
preliminary plat on the P&Z and City Council agenda for August 17, 2004.
The segment proposed for abandonment is no longer needed by the City. Abandonment
will remove an encumbrance upon the adjacent property in coordination with their
development plans.
Staff recommends approval.
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\\CHDN\VOL1 \DATA\PWORKS\AGENDA\2004\08-17-04\Enchanted Way ABM.doc
APPLICATION ••
ABANDONMENTTHE OF
Date: &4 UJB --2 '.2 Qo
Location of right-of-way/easement to be abandoned:
Address: ,�o-- / f3G/� l �S/Y1F 7n tires s ��of' �cn
Legal Description: :1 5 5'fl a c reJ , Zg m
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Property owner's
Name: S M f` 1 � e. r e f 4f
Address: &36,3 /ll� r`f ti h Gv� / 6 / r S�. ,`� J 7S
Phone Number: �/ �� -_���— FO
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAPEVINE:
The undersigned hereby makes application for the abandonment of that portion of the above
right-of-way particularly described in Exhibit No.1, attached. In support of this application, the
undersigned represents and warrants the following:
1. The undersigned will hold the City of Grapevine harmless, and indemnify it against all
suits, costs, expenses and damages that may arise or grow out of such abandonment.
2. Attached, marked Exhibit No. 1, is one sealed metes and bound description of the area
sought to be abandoned, prepared by a Licensed Public Surveyor.
3. Attached, marked Exhibit No. 2, is a copy of a plat or detailed sketch of that portion of
the public right-o€-wayleasement sought to be abandoned and the surrounding area to
the nearest streets in all directions, showing the abutting lots and block, and the
subdivision in which the above described right-of-way/easement is situated, together
with the record owners of such tots.
4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment.
5. Attached, marked Exhibit No. 4, is the consent of the City of Grapevine staff to the
abandonment.
O:tFORMSIASANDON.doc (updated February 26, 2001)
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AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING A 739
SQUARE FOOT PORTION OF A TEMPORARY ACCESS
EASEMENT LOCATED ADJACENT TO ENCHANTED WAY
RIGHT-OF-WAY 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 the remainder of an 18.9813 acre tract, DFW-
North # 2, Ltd, recorded in Volume 11152, Page 1792, Deed Records, Tarrant County,
Texas, the property containing an access easement, more specifically described in Exhibit
"A" attached hereto and incorporated herein for all purposes, has requested the access
easement, as herein after described be abandoned and vacated; and
WHEREAS, the access easement is not needed for public use and will not be
needed in the future for public use; and
WHEREAS, abandoning and vacating the said access easement will relieve the City
of Grapevine, Texas from the cost and expense of maintaining said property.
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 access 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 access 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 access 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 access 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 17th day of August, 2004.
ATTEST:
ORD. NO. 2
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a
,T,WP. ACCESS EAMMENT
t47LUW- 12912, PAGE 192
a
70/NT OF M-O1NNlNO®
-------------
Scale.• 1 "-40'
BASIS OF BEAR/NCS /S 1 -HE PLAT F/L£D /N CAB/NET A, .2/9E 2B5B, -Rro
REMAINDER OF 18.9813 ACRE TRACT
DFX'—NO?7H ,�E2, L TD.
WUME 11152, PAGE 1792
DRTCT
DELTA ANOtE = .9129 26"
RAD/US = 50.00'
LENOIH = 79.54'
N 00t71'19" W
595'
T OF COQ AIENC/NG
SURREYOR.•
-1AS7E1F-OO1N1-AN/LLA DALLAS, LLP
2105 CO1WiWZ-RCE STREET
'U/TE 900
DALLAS, TEXAS 75201
214 752-9098
OFN' NORTH L 117.
kOMME 7669, PAGE 1896
DIi'TCT
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VfAkLEY RAY, FELTS
-.a 4625 ,.:ea
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EXH/B1T
ABANDONMENT OFA POT/ON DFA
TEMPORARYACCESS EASEMENT
9Z NO 7.39 SQUARE FEET OF LAND LOCATED
IN Th'E JAMES 019SON SURREY, ABSTRACT NO. 586
CITY OF ORAPERlNi, TARRANT COUNTY, TEXAS
EXHIBIT B
ABANDONMENT OF A PORTION
OF A TEMPORARY ACCESS EASEMENT
BEING a 739 square feet of land situated in the James Gibson Survey, Abstract 586, located in
the City of Grapevine,- Tarrant County, Texas, and being part of a called 18.9813 acre tract
descibed in Volume 11152, Page 1792 of the Deed Records of Tarrant County, Texas, and further
being part of a Temporary Access Easement described in Volume 12922, Page 192 Deed Records
of Tarrant County, Texas, and being more particularly described as follows:
COMMENCING at a 5/8" iron rod set in the east line of Enchanted Way (70' Right of Way),
said iron rod also being in the south line of the aforementioned 18.9813 acre tract of land
and the north line of that certain tract of land descibed in Volume 7669, Page 1896 Deed
Records of Tarrant County, Texas;
THENCE North 00 degrees 01 minutes 19 seconds West with the east line of said Enchanted
Way, a distance of 5.65 feet to the POINT OF BEGINNING;
THENCE North 00 degrees 01 minutes 19 seconds West continuing along the east line of said
Enchanted Way, a distance of 71.42 feet to a point of curvature to the right;
THENCE along said curve (non—tangent) to the right having a delta angle of 91'09'06", a
radius of 50.00 feet and an arc length of 79.54 feet to the POINT OF BEGINNING and
containing 739 square feet of fond.
...............
STANLEY RAY, FELTS
4625 .,:4m