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HomeMy WebLinkAboutItem 07 - Western Oaks Estates, Section IIIMEMO TO: FROM: MEETING DATE: SUBJECT: RECOMMENDATION: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER #V MAY 6, 2003 SANITARY SEWER EASEMENT ABANDONMENT — LOT 4R, BLOCK A, WESTERN OAKS ESTATES, SECTION III City Council consider adopting an ordinance abandoning a ten foot sanitary sewer easement located within Lot 4R, Block A, Western Oaks Estates, Section III and take any necessary action. BACKGROUND INFORMATION: The owner of Lot 4R, Block A, Western Oaks Estates, Section III requests an abandonment of a portion of a ten foot sanitary sewer easement because of the encroachment of an existing swimming pool and deck. A new sanitary sewer easement has been dedicated to reflect the alignment of the sanitary sewer line and to remove the swimming pool and deck from within the easement. Public Works is agreeable to this abandonment. Staff recommends approval. JLH/cst ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A TEN FOOT SANITARY SEWER EASEMENT AS HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY CLAUSE; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 4R, Block A, Western Oaks Estates, Section 111, recorded in Cabinet A, Slide 2743, Plat Records of Tarrant County, Texas, the property containing a ten foot wide sanitary sewer easement recorded in Volume 8272, Page 542, Deed Records of Tarrant County, Texas, more specifically described in Exhibits "A" and "B" attached hereto and incorporated herein for all purposes, has requested the ten foot sanitary sewer easement, as herein after described be abandoned and vacated; and WHEREAS, the existing ten foot sanitary sewer easement, described in Exhibits "A" and "B" 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: 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 existing ten foot sanitary sewer easement located within the property described in Exhibits "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 of the existing ten foot sanitary sewer 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 existing ten foot sanitary sewer 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 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 6th day of MAY, 2003. ATTEST: ORD. NO. 2 MAGNOLIA 1 /2 "IRF ti77 COURT Lot 5R c4�Q°/ We tern Oaks Estates — X00 Section III �� Cab. A SI. 2232 estern Oaks Estates P.R.T.C.T. Section III -1\0 Pa JJ Cab. A SI. 2743 -- Lot 3 P.R.T.C.T. 7.5 Lot 4R Lot 11 Block A ° Ic = O1*QO'37' R = 1000.00' ,q / / CH _1 S35.54'48" ,. o / CL 17.83 Scele: 1 50 Va Lot 12 Western Oaks Estates a;N kection III d- Cab A. S1. 2232 o a N P.R. C.T. /0 Lot 13 �.ot 49 v E OF r r7 W n1 `�; GASTER fiI' _a>WBlock A ° cc % c a C-) »»....«.....LAN �.. (o Z \ CLOY D. lANOES W Co c tr \ 1$86 0 �U^! a /(o M I Lot 14R Coy Landes c, Western Oaks Estates R.P.L.S. No. 1886 a Section III Date:----2,�L ---- Q N + Cab. A SI. 2743 hof P.R.T.C.T. c} w C,,0 EXHIBIT A �SANITARYNITARY SEWER EASEMENT VACATICf l LO 3,917 SQUARE FEET OF o LOT 4R, BLOCK A J ` J AMENDED PLAT qA WESTERN OAKS ESTATES SECTION III / c CITY OF GRAPEVINE, TARRANT COUNTY TEXAS, Lot 46 1`'�R r, r. \ AS RECORDED IN CABINET A, SLIDE 2743, P.R.T.C.T. �.,, ® 2176► E EXHIBIT B Being 3917 square feet of land and being a part of Lot 4R, Block A, Western Oaks Estates, Section III, an addition to the City of Grapevine, Tarrant County, Texas, the amended plat of said addition being recorded in Cabinet A, Slide 2743, Plat Records, Tarrant County, Texas; said 3917 square feet of land also being a portion of a 10 foot wide sanitary sewer easement recorded in Volume 8272, Page 542, Deed Records, Tarrant County, Texas; the centerline of said 10 feet wide sanitary sewer easement being more particularly described by metes and bounds as follows: BEGINNING at the 'intersection of the centerline of said sanitary sewer easement and the common line of Lot 4R and Lot 5R, Block A of said Western Oaks Estates, Section III, said intersection being at the beginning of a non -tangent curve to the left with a radius of 1,000.00 feet whose chord bears S 35°5448" W, 17.63 feet from which a 1/2 inch iron rod found for the most northerly corner of Lot 4R bears N 46°20'00" W, 91.42 feet; THENCE along said curve to the left in a southwesterly direction through a central angle of 0l°00'37" an arc length of 17.63 feet to the end of said curve; THENCE S 35024'29" W, 100.84 feet; THENCE S 13001'19" W, 187.90 feet; THENCE S 26050'18" W, 85.24 feet to the intersection of the centerline of the aforementioned sanitary sewer easement and the south line of said Lot 4R being the end of said centerline.