HomeMy WebLinkAboutItem 13 - Payton Wright II AdditionITEM r 13 ----
MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: ROGER NELSON, CITY MANAGER �- h0 �' N
MEETING DATE: JUNE 17, 2003
SUBJECT: EASEMENT ABANDONMENT — LOT 2, BLOCK 1, PAYTON-
WRIGHT II ADDITION
RECOMMENDATION:
City Council consider adopting an ordinance abandoning a drainage easement located
within Lot 2, Block 1, Payton -Wright II Addition, and take any necessary action.
BACKGROUND INFORMATION:
The owner of Lot 2, Block 1, Payton -Wright II Addition has requested that a drainage
easement be abandoned. The owner of the vacant property has requested the
abandonment of the easement recorded in Volume 10438, Page 1315, Deed Records,
Tarrant County, Texas, because the easement conflicts with the proposed building
improvements for the property.
The City cannot abandon the easement until new drainage improvements have been
constructed to contain the flows within a much smaller easement. The owner has
proposed that the City adopt an ordinance abandoning the easement upon the completion
of the drainage improvements. Staff have developed an ordinance that requires the
drainage improvements as a condition of the ordinance being recorded at Tarrant County.
The City Attorney has reviewed and approved the proposed ordinance.
Staff recommends approval.
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Jun 10 03 05:05P Marshall Lancaster (817) 282-2231 p.3
Marshall Lancaster & Associates, Inc.
Consulting Land Surveyors
commercial, retail and industrial construction surveying o land title surveys 9 topography - subdivision platting
1864 North Norwood Drive, Suite E, Hurst TX 76054
metro (817) 268-8000 fax (817) 282-2231 www.mla-survey.com
0.232+1- ACRE DRAINAGE EASEMENT ABANDONMENT
(SEE ATTACHED EXHIBIT)
LEGAL DESCRIPTION
ANY PORTION OF THAT CERTAIN DRAINAGE EASEMENT RECORDED IN VOLUME 10048, PAGE
1315, DEED RECORDS, TARRANT COUNTY, TEXAS, CONTAINED WITHIN LOT 2, BLOCK 1, PAYTON-
WRIGHT 11 ADDITION, AN ADDITION TO THE CITY OF GRAPEVINE, RECORDED IN CABINET A, SLIDE
7811, PLAT RECORDS, TARRANT COUNTY, TEXAS.
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MARSHALL LANCASTER, RPLS 4873 • MARSHALL LANCASTER
.............
4873
JUNE 10,2003 -P-CqS%1V-'A
ORDINANCE NO.
J
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING AND VACATING A
SQUARE FOOT SEGMENT OF A DRAINAGE
EASEMENT IN THE CITY OF GRAPEVINE, TEXAS AS
HEREINAFTER DESCRIBED; PROVIDING A SEVERABILITY
CLAUSE; DECLARING AN EMERGENCY AND PROVIDING
AN EFFECTIVE DATE
WHEREAS, the property owners of Lot 2, Block 1, Payton -Wright II Addition,
recorded in Cabinet A, Slide 7811, Plat Records of Tarrant County, Texas, the property
containing a square foot segment of a drainage easement ("The Segment"), recorded
in Volume 10048, Page 1319, Deed Records, Tarrant County, Texas, more specifically
described in Exhibits "A" and "B" attached hereto and incorporated herein for all purposes,
has requested the Segment, as herein after described be abandoned and vacated; and
WHEREAS, the Segment will not be needed in the future for public use upon the
design and construction by the property owner and final acceptance by the City of
Grapevine of future drainage system improvements; and
WHEREAS, abandoning and vacating the Segment will relieve the City of
Grapevine, Texas from the cost and expense of maintaining said facility.
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 Segment located within the property described in Exhibits "A"
and "B", attached hereto and incorporated herein for all purposes, will be abandoned and
vacated for public use upon completion of the design and construction by the property
owner and final acceptance by the City Of Grapevine of future drainage system
improvements. This ordinance shall become effective upon completion of the design and
construction by the property owner and final acceptance by the City Of Grapevine of future
drainage system improvements and shall be filed with Tarrant County at that time and the
same shall be abandoned and vacated insofar as all public right, title, interest in and to
said drainage easement is concerned.
Section 3. That the terms and provisions of this ordinance shall be deemed to be
i 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 Segment will 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 17th day of June, 2003.
ATTEST:
0
ORD. NO. 2