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HomeMy WebLinkAboutItem 21 - Right-of-Way Abandonment on North Main StreetMEMO TO: • •' 5 •' AND MEMBERS OF THE CITY COUNCIL FROM: • RUMBELOW, MEETING DATE: AUGUST 16, 2016 SUBJECT: STREET RIGHT-OF-WAY ABANDONMENT NORTH MAIN STREET MANEZENHOMM City Council consider adopting an ordinance abandoning 263 square feet of North Main Street right-of-way at Banyan Drive, authorizing the City Manager to execute a Quit Claim Deed to the abutting property owner, and take any necessary action. BACKGROUND: The owner of Lot 1, Block 1 and the north 25 feet of Lot 2, Block 1, Cooks Addition, has requested the City to abandon and vacate a 263 square foot parcel of North Main Street right-of-way to align abutting property lines. This parcel is an outlier from a prior abandonment of the north 25 feet of Lot 2 by the City in 2012. The Public Utilities have all agreed to the request. Staff has reviewed the request and has no objections. Staff recommends approval. Page 1 of 2 EXHIBIT'A' FIELD NOTES A portion of North Main Street (R.O.W. varies) dedicated by BANYAN PLACE, an Addition to the City of Grapevine, Tarrant County, Texas, according to the Plat recorded in Volume 388-192, Page 78, Plat Records, Tarrant County, Texas and being more particularly described by metes and bounds as follows: BEGINNING at a %:" iron found at the Northwest corner of said North Main Street dedicated by said BANYAN PLACE and the Southeast corner of Lot 1, Block 1, COOK'S SUBDIVISION, an Addition to the City of Grapevine, Tarrant County, Texas, according to the Plat recorded in Volume 388-H, Page 345, Plat Records, Tarrant County, Texas; THENCE S 010 15' 21" W, 10.06 feet to a %" iron set with Fulton Surveying cap; THENCE S 450 36' 29" W, 21.41 feet to a Yz" iron set with Fulton Surveying cap in the North line of Banyan Drive (R.O.W. varies) and the Southeast corner of a portion of Banyan Drive closed by City Ordinance No. 2012-35; THENCE N 010 10' 33" E, along the East line of said portion of closed Banyan Drive, 25.07 feet to the Northeast corner of said portion of closed Banyan Drive and the South line of said Lot 1, from which a %" iron found at the Southwest corner of said Lot 1 bears N 890 52'00" W, 135.59 feet; THENCE S 890 52' 00" E, along the South line of said Lot 1, a distance of 15.00 feet to the POINT OF BEGINNING and containing 263 square feet of land. Registration No. 5495 June, 2016 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING THE CITY OF GRAPEVINE'S RIGHTS IN A SEGMENT OF NORTH MAIN STREET RIGHT-OF-WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED WHEREAS, the property owner of Lot 1, Block 1 and the north 25 feet of Lot 2, Block 1, Cook's Addition has requested that the City of Grapevine abandon a 263 square foot parcel of North Main Street right-of-way as herein after described in Exhibit "A" be abandoned and vacated; and WHEREAS, the right of way is not needed for City use and will not be needed in the future for City use; and WHEREAS, abandoning and vacating the said right of way will relieve the City of Grapevine, Texas from the cost and expense of maintaining said property; and WHEREAS, all constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this ordinance to be in the best interests of the health, safety, and welfare of the public. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the City of Grapevine's rights in the 263 square foot parcel of North Main Street right-of-way described in Exhibit "A", attached hereto and incorporated herein for all purposes, is hereby abandoned and vacated for City use and the same is hereby abandoned and vacated insofar as all City right, title, interest in and to said right-of- way 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 right of way 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 16th day of August, 2016. walffelvinp William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney Ordinance No. 2 U �oNo cct�SS� 2, Z'0'0 azoQ^moo Z �nMo z Z XM �— Lu ;a;! CsINA Mod) AISS NIVVV WON a�a �0-3: 12-75 Q l� \S\ �0 c O N