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HomeMy WebLinkAboutORD 2003-038 ,. �. , �. t''.e L��. . . ...�». 1 _ '' � . .. , ORDINANCE NO. 2003-38 � ...� ���e_} ^r , j: iJ.1 - .� . �J .., _ �� � �� r�.n.;:�- > � � AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF x:� . _ .. GRAPEVINE, TEXAS, ABANDONING AND VACATING �,,A , ,.� PORTION OF A UTILITY EASEMENT IN THE CITY OF �'. GRAPEVINE, TEXAS AS HEREINAFTER DESCRI��[3; -- ��"�- PROVIDING A SEVERABILITY CLAUSE; DECLARING AN �'T EMERGENCY AND PROVIDING AN EFFECTIVE DATE �,: :-x WHEREAS, the property owner of Lot 37, Block A, Western Oaks Estates, Section III, recorded in Cabinet A, Slide 2232, Plat Records of Tarrant County, Texas, has -��- requested 2.5 feet of the ten foot utility easement, more specifically described in Exhibits "1" and "2" attached hereto and incorporated herein for all purposes, be abandoned and vacated; and WHEREAS, the eastern 2.5 foot of the existing ten foot utility easement, described in Exhibits "1" and "2" attached hereto and incorporated herein for all purposes, 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: �k-~ 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 eastern 2.5 foot of the existing ten foot utility easement located within the property described in Exhibits "1" and "2", 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 eastern 2.5 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 shal� be held to be invalid, it shall not affect the remaining part of this ordinance. Section 4. The fact that the eastern 2.5 foot 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 drainage and 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 17th day of JUNE, 2003. .,,.,,,�,��. := APPROVED: _ � . ` , � r� (; _ �1 William D. Tate : �+.. :, Mayor ATTEST: Lin a Huff City Secretary APPROVED AS TO FORM: �v..,� � John F. Boyle, Jr. City Attorney ORD. NO. zoo3-3s 2 EXHIBIT_L.. TO - � Page ._.�_.. ot �_ LEGAL DESCRIPTION �"�`'w Being a portion of an existing 10 foot wide utility easement located across a portion of Lot 37, Block A, �J WESTERN OAKS ESTATES SECTION III an Addition to the Cit of Gra evine Tarrant Count Texas �` according to the plat thereof recorded in Cabinet A, Slide 2232, Plat RecordspTarrant County, Texas, said � � portion being more particularly described by metes and bounds as follows: �3eginning at a point in the north line of said Lot 37, Block A, WESTERN OAKS ESTATES, SECTION III, �'� said point lying South 84 degrees 22 minutes 42 seconcls East, 7.52 feet from the northwest corner of said Lot - 37, Block A; -- THENCE South 84 degrees 22�ninutes 42 seconds East along the north line of said Lot 37, Block A a distance - of 2.51 feet to a paint at the intersection of the north line of said Lot 37, Block A with the east line of an V.-: existing 10 foot wide utility easement; THENCE South Ol. degree 00 minutes 1S seconds West along the east line of said 10 foot wide utility easement ��" a distance of 83.40 feet to a point at its intersection with the north line of an existing 5' wide T.U. Electric easement; THENCE Sout�76 degrees 04 minutes 09 seconds West along the north line of said existing 5' wide T.U. Electric easement a dist�nce of 2.59 feet to a point; TFIENCE North Ol degree 00 minutes 18 seconds East along a line 7.50 feet east of and parallel to the west line of said Lot 37, Block A a ctistance of 84.27 feet to the Place of Beginning and containing 209 square feet of land. �E�F Tf #,��i'�'\�'�9 09* ...5.»o.............. GLENN W.MILLER� ......................... '.9 4223 .,: f • o P•Q, '9e�;•.�SS�o�yO �S'UR`�� �,�0°�-03 , ` � o� �a -� Q � �, � � H181T TO (���`3-=�' � EX age ,.,_,_/._, of ___—l.-- 0 � � . I LOT 36 x I E%ISTING 10' UTiLITY EASEMENT i - I P�0.6. � � S 84'22'42" E - 7.52 �S 84'22'42" E - 2.51 LOT 22R - I \ z _ I G.____Port►pn OF UnsTr+o tlntm Z I �- �,���►� � 0 � N � N I ��� LOT 37, a � � � BLOCK A W n � i i''�3 a � � � ��� z W � � oWw ��o ,, m Y � � � �' � j z vf EX�S�N E�E�SR�� i C'7 i � o �2.50� EpSEMEN i '� � i LOT 21 � F I 7.50'� ' N I ' X . W s �eroa'os' w — z.ss I LOT 38 �N OR TH SCALE : 1" = 30' JUNE 09, 2003 D(HIBR SHOWING: PORTION OF AN IXIS(T1NG 10 FOOT WIDE UTIUTY EASEMENT TO BE ABAN�ONED ACROSS A POR'T10N OF LOT 37, BLOCK A, WE5TERN OAFCS ESTATES — SEC710N IIi, AN ADDfiION TO THE CfTY OF GRAPEVINE, TARRANT COUNTY, TDU1.S, ACCORDING TO THE PLAT THEREOF RECORDED IN CABINET A, SUDE 2232, PLAT RECORDS,TARRAKf COUNTY, TW1S. ,,�E OF�TF *�r.• S�jT� x ¢�G\y��9`�0•� ......................... GLENN W.MILLER .....................:.. �Q 4223 �'9'9�F O.POQ � `��siiR��y GEODATA SURVEYING, INC. P.O. 80X 1 J556 �p�w� MUNGTON,TEXAS 7609t-O556 7�P��PH1� . PHONE 817-261-2878 �PW� � , � � ��� :m l .. , �P �^�' 0 D203227180 - � CITY OF GRAPEVINE-PUBLIC WORKS P O BOX 95104 ` Q GRAPEVINE TX 76099 - D -- 7 0 -W;:"� R N I N G-THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y ^ Q - �. � � I N D E X E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E ' H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF GRAPEVINE-PUBLIC WORKS RECEIPT NO REGISTER RECD-BY PRINTED DATE TIME 203394879 DR92 DW 06/25/2003 13 : 02 �z�; INSTRUMENT FEECD INDEXED TIME RECVD 1 D203227180 WD 20030625 13 : 02 CG T O T A L : DOCUMENTS : Ol F E E S : 15 . 00 �-- --- B Y: _ _. ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. �,,�