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HomeMy WebLinkAboutItem 20 - Easement Abandonment College CreekMEMO TO: FROM: MEETING DATE SUBJECT: RECOMMENDATION: ITEM t HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL ROGER NELSON, CITY MANAGER/ JULY 16, 2002 EMERGENCY ACCESS EASEMENT ABANDONMENT — LOT 16, BLOCK A, COLLEGE CREEK City Council consider adopting an ordinance abandoning a 15 -foot wide emergency access easement across Lot 16, Block A, College Creek, and take any necessary action. BACKGROUND INFORMATION: The owner of Lot 16, Block A, College Creek, has requested the abandonment of a 15 -foot wide emergency access easement. The owner of the property wants the "emergency access" portion of the existing easement abandoned to prevent public access to this strip of his property. He has dealt with vandalism along this side of his lot due to ease of access from the College Street sidewalk, and plans to extend his fence across the easement to prevent access to the area. The police and fire departments agreed to the abandonment since emergency access across the lot is no necessary. The emergency access easement was dedicated with the development of College Creek to provide a secondary access route to the new neighborhood from College Street. With the extension of Hudgins Drive to Lancaster Drive, a secondary route to the neighborhood is available via City streets. The access easement is also a drainage easement with existing drainage improvements in place. The City will retain the drainage easement rights. Staff recommends approval. JLH/saj R:\AGENDA\07-16-02\CollegeCreekemergaccess_ABM.doc ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 15 - FOOT WIDTH EMERGENCY ACCESS EASEMENT LOCATED IN LOT 16, BLOCK A, COLLEGE CREEK, IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 16, Block A, College Creek, recorded in Volume 388-178, Page 49, Plat Records, Tarrant County, Texas, the property containing a 15 -foot width emergency access easement, more specifically described in Exhibit "A" and "B" attached hereto and incorporated herein for all purposes, has requested the emergency access easement, as herein after described be abandoned and vacated; and WHEREAS, the emergency access easement is not needed for public use and will not be needed in the future for public use; and WHEREAS, abandoning and vacating the said emergency access easement 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 emergency access easement 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 emergency access easement is concerned save and except the retention of said emergency access easement as a drainage 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 emergency access 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 emergency 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 July, 2002. ATTEST: FA _"V Q10]FA%" . Wo] I ORD. NO. 2 0 PROPERTY DESCRIPTION Lot 16, Block A, COLLEGE CREEK, an Addition to the City of Grapevine, Texas, according to the plat thereof recorded in Volume 388-178, Page 49, Plat Records, Tarrant County, Texas. Note; This lot is not in the 100yr flood hazard zone, Zone A, according to the HUD Flood Insurance Rate Map Comm Panel 480598 0015B, Dated 11-17-82; Local drainage not investigated. Note; To the best of my knowledge the TP&L Easm't recorded in Volume 8483, PG 2050, DRTCT, does not effect the subject property. WEST COLLEGE STREET P.R. NAIL r EASM`T TO CITY RA INE, VOL 8291, PG 877, DRT i 15 LOT 16 17 � t U z w 8, N F TWO STORY BRICK & 4 W C O E FRAME RESIDENCE I Q 188 ny gi H \ zC 4 e 0' BLDG LINE V{ "X" IN h M CONC 20.95 1 � , 1232 B E R K L E Y DRIVE 1, the undersigned• hereby certify that the survey map hereon, and the acconpanyinq description, depicts and describes the results of a careful and accurate survey made .��• OF on the ground, based on the plat of record, and information supplied by the Title 1/ i�• T�`9 Ina urin Ing Company stated below. To the best correct depiction and of my knowledge and belief, is a true and ✓Gj y�"•�•• description of the prcpsrty survoycd, and that there are no �'•� apparent encroachments or protrusions across boundary lines, shortages of arca or '* boundary, except as shown hereon. The only casements 1 have knowldge of are those !�••• ......... ......... as shown. Any reIerance to the 100 yr flood plain or flood hazard zones, are an RICHARD C. MAKI utimate based on data provided by the Federal Emergency Management Agency's Flood Insurance Program, and should not br interpreted as a study or determination of .p•, 4�7 the flooding propensities of chis property. /C"SUNote: This survey was performed in connection with the transaction described in . r:.,,s suryn•o , For AMERICAN Title company. t'e? I this v for any other purrosn, or1,y o[1{er parties, .hail be at tneir,/�" r[sk, and the um.L•r<rynr•I is nn� r yr „n [t I"int lost. result [.vt therefrom• Rich4rd C. Maki R I C H A R D C, M A K I A N D A S S 0 C I A T E S R.P.S. No. 4587 P. 0, Bax 1164, ARL I NG TON, TEXAS 16010 Date: 7-27-89 Legend - 0- iron Rod Found S - Iron Rod Set , X - wood or wire Fence Job No.