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Home My WebLink AboutORD 2002-069 � � � • ORDINANCE NO. 2002-69 �� AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF �"`.r� � GRAPEVINE, TEXAS, ABANDONING AND VACATING A ,�:�:;" � PORTION OF RIGHT-OF-WAY LOCATED ON THE EAST ';:T: � SIDE OF NORTH MAIN STREET IN THE CITY OF � GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; ° �' RETAINING A PUBLIC UTILITY EASEMENT AS k. HEREINAFTER DESCRIBED, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE '�.:� WHEREAS, the property owners of Lot 1, Block 2, North Main Street Shopping p Center Addition recorded in Volume 388-158, Page 17, Deed Records, Tarrant County, Texas and Lot 2R, Block 2, and Lot 3, Block 2, North Main Street Shopping Center Addition recorded in Volume 388-180, Page 68, Deed Records, Tarrant County, Texas, have previously dedicated right-of-way for the North Main Street reconstruction, more specifically described in the Right-of-Way Abandonment Exhibit "A", Pages 1 through 3, attached hereto and incorporated herein for all purposes, has requested the right-of-way, as hereinafter 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 with the exception of a public utility easement to be retained as described in said Right-of-Way Abandonment Exhibit "A"; 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. 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 the Right-of-Way Abandonment Exhibit "A", Pages 1 through 3, 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, titte, interest in and to said right-of-way is concerned with the exception that a public utility easement shall be retained as described in said Right-of-Way Abandonment Exhibit "A". 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 n� longer needed by the public for public usage and would create a hardship or burden upon the City of Grapevine to keep a�en 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 ��V;, ,5 this ordinance shall take effect immediately from and after its passage and it is accordingly -: C% so ordained. �� :�� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF r � GRAPEVINE, TEXAS on this the 17th day of September, 2002. APPROVED: =, �� _ V'Jilliaon D. Tat+� �"�� Ma yo r ATTEST: �r: � Lind Huff ��, �ity Secretary APPROVED AS TO FORM: John F. Boyle, Jr. � City Attorney �. ., .�,..� ORD. NO. 2oo2-s9 2 � LARRY CLYDE BROTHERTON, FLORA BROTHERTON VOL.9718, PG.1789 D.R.T.C.T. � � LOT 1, BLOCK 1 POINT OF BEGINMNC N88�3O��Z��E (5/8' IRS W\HUITT-20LLARS CAP) , r 1 4.55� � NATH SEMPCO C PSBEARS NO2'3fi 3 oE 0.21' . � N IRS esne�- o 0 =' o o — � '�::.:' vi ui � �_;^l,�T 2, BLOCK 1 _ _ _ _ _ — x cur x cur 1"=50� `:�m, sa9'a s3Z.W R UTEL�ITYDEA�SEMENBUC IT TO B°5�A N YA N D R. (0.0050 ACRES) p 98 _L,,,,,. ot ��....- LOT 3, BLOCK 2 fi: ,,.., NORTH MAIN STREET � a SHOPPING CENTER ADDITION � 00 RHASE III 15' GTY OF GRAPEVINE ; ; � �� M M VOL.388-180, PG.68, P.R.T.C.T. PUBUC UTIUTY ESM'r. � VOL.13667, PG.0358 �� 20� RICHi-Of-WAY D.R.T.C.T. w DEDIC�TION NORTH MAIN MONTICELLO � VOL. 388-180, PQ 68 pARTNER'S ITD. .- M w P.R.T.C.T. VOL. 14639, PC. 109 O.R.T.C.T. � oa r= �-- RIGHT-OF-WAY TRACT IV � Y�=c� � ABANDONMENT o_ � (0.1119 ACRES) oo�� ►''�-� c�m�a z ° No Q > � LOT 2R, BLOCK 2 NORTH MAIN STREET = SHOPPING CENTER ADDITION {— PHASE ill ,;;�, � VOL.388-180, PG.68, P.R.T.C.T, , � J.J. HALL S REVIS�ON NORTH MAIN 1AONTiCEl�O VOL.1997, PG.0446 Z PARTNER'S ITD. w VOL. 14639, Pc. ,os D.R.T.C.T. � D.R.T.C.T, ►7 � TRACT 111 � O N ° °o LOT 1, BLOCK 2 o Z N NORTH MAIN STREET ~ SHOPPING CENTER ADDITION p� 20' RIGHT-OF-WnY PHASE II r- Q.- DEDICATION Y w� VOL. 388-158, PG. 17 VOL.388-158, PG.17, P.R.T.C.T. U �W 1= P.R.T.C.T. 0 Q�V - m p N� NORTH AIAIN MONTICELLO - � .� PARTNER'S LTD. � Q Q p; VOL. 14639, PC. 108 � =Q X CUT X CUT D.R.T.C.T. i/2" IRf W\AREA CAP --� �V - t/2' IRF W\AREA CAP BEARS N89'S7'47'E 17U.67' - F- ° N89'38'48"W LOT 1, BLOCK 1 w 14,15' NORTH MAIN STREET SHOPPING CENTER ADDITION VOL.388-121, PG.58 � P.R.T.C.T. ,.�. IRS=5/8" IRON R00 SET W�HUITT-ZOILARS CAP � ��r�� IGHT—OF—WAY ABANDONMEN x CUT=X CUT SET IN CONCRETE j ouT oF TME I Huftt-Zdlare,Inc. DeUae A.F. LEONARD SURVEY, A85TRACT No. 976 BASIS Of BEARINGS: 3131 McKiviey Avenu�StiNe 600 qTy pF p2ApEy�NE DaAes,Texae 7520d-2489 THE CITY OF GRAPEVINE CONTROI AIONUAIENT$ ( Phone(214)87F-33t1 Fnx(214)871-0757 TARRANT COUNTY, TEXAS t.2.3, AND 6. oge o EX11181T�1_._ t0 � w ,, LAND DESCRIPTION Paq6 .-��—�- Ot .•�--�— � RIGHT-OF-WAY ABANDONMENT ��` � BEING a tract of land situated in the A.F. Leonard Survey, Abstract No. 976, City of :.:,� c� Grapevine, Tarrant County,Texas and being a portion of a 20 foot right-of-way ;�:j g dedication as shown on the Final Plat of North Main Street Shopping Center Addition r�; �' Phase III, an addition to the City of Grapevine as recorded in Volume 388-180, Page 63 of the Plat Records Tarrant County,Texas (P.R.T.C.T.) and as shown on the Final Plat of North Main Street Shopping Center Addition Phase II, an addition to the City of Grapevine as recorded in Volume 388-158, Page 17 (P.R.T.C.T.) and being more , � particularly described as follows; z�� " BEGINNING at a 5/8 inch iron rod set with"Huitt-Zollars" cap at the north�vest corner of Lot 3, Block 2 of said North Main Street Shopping Center Phase III from which a 5/8 �'�" inch iron rod found with Sempco cap bears North 02 degrees 36 minutes 37 seconds East � a distance of 0.21 feet; THENCE South 00 degrees 21 minutes 12 seconds West, along the easterly line of said 20 foot right-of-way dedication a distance of 339.80 feet to an X cut set in concrete at the southwest corner of Lot 1, Block 2 of said North Main Street Shopping Center Addition Phase II from which a '/z inch iron rod found with Area cap at or near the southeast corner of said Lot 1, Block 2 bears North 89 degrees 57 minutes 47 seconds East a distance of 170.67 feet; THENCE departing the easterly line of said 20 foot right-of-��ay dedication,North 89 �`� degrees 38 minutes 48 seconds West along the southerly line of said 20 foot right-of-way dedication a distance of 14.15 feet to an X cut set in concrete; THENCE departing the southerly line of said 20 foot right-of-way dedication,North 00 degrees 17 minutes 13 seconds East a distance of 339.58 feet to a 5/8 inch iron rod set with "Huitt-Zollars" cap on the northerly line of said 20 foot right-of-way dedication; THENCE North 89 degrees 30 minutes 12 seconds East along the northerly line of said 20 foot right-of-way dedication a distance of 14.55 feet to the POINT OF BEGINNING and containing 0.1119 of an acre of land, more or less and reserving a tract of land for a public utility easement as follows; _ e PaJe 2 of 3 �.,:,� J:\Survey\3026`,03\�vp\RO W_ABANDON.doc LAND DESCRIPTION EXHIBIT_lL._ TO LG�� . PUBLIC UTILITY EASEMENT PagB -L-�— ot .�...--- ,�� BEING a tract of land situated in the A.F. Leonard Survey, Abstract No. 976, City of "�":� � Grapevine, Tarrant County,Texas and being a portion of a 20 foot right-of-way 5� dedication as shown on the Final Plat of North Main Street Shopping Center Addition ��''� � Phase III, an addition to the City of Gragevine as recorded in Volume 388-180, Page 68� r::,;G � ;:' of the Plat Records Tarrant County,Texas (P.R.T.GT.) and being more particularly ;� ;: described as follows; BEGINNING at a S/8 inch iron rod set�vith "Huitt-Zollars" cap at the northwest corner , _ of Lot 3, Block 2 of said North Main Street Shopping Center Phase III and being the northwest corner of a 15 foot City of Grapevine Public Utility Easement as recorded in F;; Volume 13667,Page 0358 of the Deed Records Tarrant County, Texas from which a 5/8 �.�? inch iron rod found with Sempco cap bears North 02 degrees 36 minutes 37 seconds East �`�� a distance of 0.21 feet; THENCE along the westerly line of said 15 foot Public Utility Easement, South 00 degrees 21 mimites 12 seconds West, and along the easterly line of said 20 foot right-of- way dedication a distance of 15.00 feet to an X cut set in conerete at the southwest corner of said 15 foot City of Grapevine Public Utility Easement; THENCE departing the easterly line of said 20 foot right-of-way dedication and the westerly line of said Public Utility Easement South 89 degrees 30 minutes 12 seconds West along the projected southerly line of said Public Utility Easement a distance of �� 14.53 feet to an X cut set in concrete; THENCE North 00 degrees 17 minutes 13 seconds East a distance of 15.00 feet to a 5/8 inch iron rod set with"Huitt-Zollars" cap on the northerly line of said 20 foot right-of- �vay dedication; THENCE North 89 degrees 30 minutes 12 seconds East along the northerly line of said 20 foot right-of-way dedication a distance of 14.55 feet to the POINT OF BEGINNING and containing.0.0050 of an acre of land, more or less. For Iuitt- ol ars, Inc � �A-c�o� r - Eric . Yahoucly f �;.•�yo�t�'•.�p Registered Professional land Surveyor �� :�, �...t.................... Texas Registration No. 4862 ERIC JOHN YAHOUDY Huitt-Zollars, Inc. '•_•••••••••••••••••S••. 3131 McKinney Avenue ' `�62 ' � : r�,P Suite 600 ��y��► ,S�Bp:�yO Dallas, TeYas 75204 BURv Ph. (214) 871-3311 � Date: December 7, 2001 Page 3 of 3 ,�.,.« J:\Su rvey\3026\03\wp\ROW_ABANDON.doc L ..,d`¢,^w, • �� / � �$'�'�^'.. � ; D202265671 ;::.;; ,� CITY OF GRAPEVINE—PUBLIC WORKS � r P O BOX 95104 ;� ';, GRAPEVINE TX 76099 z :r a::�,� —W"A R N I N G—THIS IS PART OF THE OFFICIAL RECORD--D O N O T D E S T R O Y t..:F iE-'.:,:. 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 202436153 DR93 TB 09/20/2002 11 : 31 INSTRUMENT FEECD INDEXED TIME 1 D202265671 WD 20020920 11 : 31 CG T O T A L : DOCUMENTS : Ol F E E S : 17 . 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. � Yrr�