HomeMy WebLinkAboutItem 31 - 930 Berry StreetMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: MAY 7, 2024
SUBJECT: ABANDONMENT OF RIGHT-OF-WAY — 930 BERRY STREET
RECOMMENDATION: City Council consider adopting an ordinance abandoning a 200-square-
foot corner clip of street right-of-way located at the northeast corner of Lot
6, Block 2 Hilltop Addition, and take any necessary action.
FUNDING SOURCE:
BACKGROUND: The owner of 930 Berry Street in the Hilltop Addition, has requested the
abandonment of a 200 square foot corner clip of street right-of-way within
the northeast corner of Berry Street and a public access easement. The
developer of the proposed Nash and Berry Addition (Case TDO 24-01,
approved April 16, 2024) is constructing single family attached
townhomes within a Transit District Overlay, located north of Nash Street
between Jean and Berry Streets. The right-of-way abandoned will be
retained as a utility easement. The segment proposed for abandonment is
not needed by the City for right-of-way purposes.
Staff recommends approval.
ORDINANCE NO. 2024-040
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING A
CORNER CLIP OF RIGHT-OF-WAY LOCATED AT 930
BERRY STREET IN THE CITY OF GRAPEVINE, TEXAS AS
HEREINAFTER DESCRIBED; SAVE AND EXCEPT THE
RETENTION OF SAID RIGHT-OF-WAY FOR AN UTILITY
EASEMENT; PROVIDING A SEVERABILITY CLAUSE;
DECLARING AN EMERGENCY AND PROVIDING AN
EFFECTIVE DATE
WHEREAS, the property owners of Lot 6, Block 2, Hilltop Addition, recorded in
Volume 388-2 Plat Records, Tarrant County, Texas, the property containing a right of way,
more specifically described in Exhibits "A" and "B" attached hereto and incorporated herein
for all purposes, has requested the right of way, as herein after described be abandoned
and vacated; and
WHEREAS, the right of way is not needed for public use and will not be needed in
the future for public 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, 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 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 right of way located within the property described in Exhibit "A
and B", 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 right of way is concerned, save and except the
retention of said right-of-way as a drainage and utility easement for public use.
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 right of way 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 7th day of May, 2024.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2024-040 2
EXHIBIT "A"
RIGHT-OF-WAY ABANDONMENT "B"
PPF AMLI 1444 EAST DALLAS ROAD, LLC. PUBLIC ACCESS ESM'T.
INSTRUMENT NO. D220187310, D.R.T.C.T.
10 UTIL. ESM T. DRAINAGE AND UTIL. ESM T.
LOT 1—RA, BLOCK 2, HILLTOP ABANDONED BERRY STREET,
ADDITION, D218047980, P.R.T.C.T. VOL. 9575, PG. 745, D.R.T.C.T.
v I
15' UTIL. ESM'T 6' STORM WATER ESM'T
N 89°271 " F
S. 5D' 44.48'
PROPOSED AREA TO BE ---
ABANDON
AREA — (200 SQ. FT.)
SEE EXHIBIT "B"
LOT 6
BLOCK 2, HILLTOP ADDITION.
VOLUME 388-F, PAGE 37, P.R.T.C.T
NASH STREET
(VARIABLE WIDTH RIGHT—OF—WAY)
LEGEND
•
FOUND STEEL ROD
0
SET CAPPED STEEL ROD
STAMPED "PRISM SURVEYS"
+
CROSS CUT IN CONCRETE
FOUND STEEL PIPE
❑
FOUND BOIS D'ARC STAKE
(CM)
REPRESENTS CONTROL MONUMENT
P.R.T.C.T.
PLAT RECORDS, TARRANT COUNTY,
D.R.T.C.T.
DEED RECORDS, TARRANT COUNTY,
SCALE-1 "=20' DATE: 04/18/24
DRAWN BY. MDL
CHECKED BY. MDL
VIEW NAME: NA
ACAD FILE: 21-1178
PROJECT NO. 21-1178
44
Peint Of
Beginning
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/ 518 INCH STEEL NAD 83
ROD FOUND WITH N-7024913.15
CAP STAMPED "HZ" E-2406096.18
CITY OF GRAPEVINE
INST. D218256697,
D.R.T.C.T.
518 INCH STEEL
ROD FOUND WITH
CAP STAMPED "HZ"
D
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CITY OF GRAPEVINE - GPS, NAD 83 DATA TEXAS COORDINATE SYSTEM
COORDINATE DATA AND BEARING SOURCE SHOWN HEREON IS BASED ON THE TEXAS
COORDINATE SYSTEM NAD 83, NORTH CENTRAL ZONE, COMBINED SCALE FACTOR OF
0.99984971 AND A CONVERGENCE ANGLE OF 00046'38.75". ALL DISTANCES AND
COORDINATES SHOWN ARE BASED ON FEET - US DEFINITION, BASED ON 2023 DATUM.
TEXAS
TEXAS
EXHIBIT SHOPPING A
RIGHT —OF —SPAY ABANDONMENT
BEING 0.0046 OF AN ACRE
(200 SQUARE FEET)
SITUATED IN THE
WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422,
CITY OF GRAPEVINE, TARRANT
COUNTY, TEXAS
SHEET 1 OF 6
PRISM SURVEYS, INC.
COMMERCIAL, RESIDENTIAL, BOUNDARY,
INVESTIGATIVE, TOPOGRAPHIC, TITLE,
CONSTRUCTION SURVEYS AND PLATTING
Firm No. 101325-00
3533 BELL DRIVE
HURST, TEXAS 76053
(817) 540-8048 OR (817) 268-2211
S-4107
H
EXHIBIT B
FIELD NOTE DESCRIPTION
FOR A
RIGHT-OF-WAY ABANDONMENT - "B"
All that certain tract or parcel of land situated in the WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422, Tarrant
County, Texas and being that same tract as described in Deed to the CITY OF GRAPEVINE as recorded in
Instrument No. D218256697, Plat Records, Tarrant County, Texas and being more particularly described by
metes and bounds as follows:
BEGINNING at a 5/8 inch steel rod found with cap stamped "HZ" (CM) for the northeast corner of said CITY
TRACT, being in a southerly boundary line of Lot 1-RA, Block 2, HILLTOP ADDITION, Instrument No.
D218047980 of said Plat Records, Tarrant County, Texas, also being in the westerly right-of-way line of Berry
Street (a variable width right-of-way)
THENCE South 00 degrees 40 minutes 09 seconds East with said right-of-way line, 20.00 feet to a 5/8 inch
steel rod found with cap stamped "HZ";
THENCE North 45 degrees 39 minutes 56 seconds West departing said right-of-way line, 28.29 feet to the
southerly boundary line of aforesaid Lot 1-RA;
THENCE North 89 degrees 20 minutes 17 seconds East with said boundary line 20.00 feet to the PLACE OF
BEGINNING and containing 0.0046 of an acre of land, (200 square feet), more or less, as surveyed by Prism
Surveys, Inc..
The plat hereon is an accurate representation of an actual survey made on the ground under my supervision
and the boundary lines, corners, and dimensions of said property are as indicated.
DATE: 4/18/24
DRAWN BY: MDL
CHECKED BY. MDL
VIEW NAME: N/A
ACAD FILE: 21-1178
`PROJECT NO. 21-1178
rE`o ER o9s
.:...................
MICHAEL DALE UNKE
DESRIPTION FOR A
RIGHT —OF —SPAY ABANDONMENT
BEING 0.0046 OF AN ACRE
(200 SQUARE FEET)
SITUATED IN THE
WILLIAM DOOLEY SURVEY, ABSTRACT NO. 422,
CITY OF GRAPEVINE, TARRANT
COUNTY, TEXAS
SHEET 2 OF 6
PRISM SURVEYS, INC.
COMMERCIAL, RESIDENTIAL, BOUNDARY,
INVESTIGATIVE, TOPOGRAPHIC, TITLE,
TREE SURVEYS AND PLATTING
Firm No. 101325-00
3533 BELL DRIVE
HURST, TEXAS 76053
(817) 540-8048 OR (817) 268-2211
H
S-4107