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HomeMy WebLinkAboutItem 09 - North Main Street Right of WayITEM 0 �MMUM MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: ROGER NELSON, CITY MANAGER ) / MEETING DATE: SEPTEMBER 17, 2002 SUBJECT: RIGHT OF WAY ABANDONMENT — NORTH MAIN STREET RECOMMENDATION: City Council consider adopting an ordinance abandoning a strip of right of way along the east side of North Main Street, and take any necessary action. BACKGROUND: The owner of Lots 1, 2R & 3, Block 2, North Main Street Shopping Center Addition has requested the City abandon excess right-of-way in front of the shopping center. The right-of-way was dedicated with the platting of the shopping center when N. Main Street was planned for a four lane roadway. The currently planned 36 foot wide two lane roadway requires less right-of-way to construct. Staff and our consultant, Huitt-Zollars, Inc. have determined that the 14 foot wide strip of right-of-way is not necessary for the construction of the North Main Street Project and can be released to the property owner. In exchange for this abandonment, the owner is dedicating a six foot wide strip of street right of way south of the abandonment location that will be necessary for the widening of North Main Street. This six foot wide dedication and the 14 foot wide abandonment will result in a consistent right-of-way line on the east side of the roadway across the front of the shopping center. Staff recommends approval. JSL/dsm 0:\agenda\091702\N. Main ROW Abandonment September 10, 2002 (11:07AM) ORDINANCE• AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF RIGHT-OF-WAY LOCATED ON THE EAST SIDE OF NORTH MAIN STREET IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; RETAINING A PUBLIC UTILITY EASEMENT AS HEREINAFTER DESCRIBED, DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owners of Lot 1, Block 2, North Main Street Shopping 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, title, 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 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 17th day of September, 2002. ATTEST: ORD. NO. 2 TRI 20A ar TR M a TR 17 TR taLU W11 DWS z TR 14A T . I TR ±,11 R �d - z I R " 16 rl PEACH ST Al TF 12 TR22 TR 29B T" TRIM I-- I -R 29A cn TR VINESS z ce 00 a TIR 96 DR rR31A reams TR XIA 7R �CS L z 7R �2 -,-,-BANYAN DR. OW R DR ROW ABANDONMENT z ROW NORTHWEST HWY 1 GLEN DR �7 TR TR WQ F�4 CwE TURNER RD 11R. j TR 7N, VI z LU • All k I Vj FTAI LOT 1, BLOCK 1 N89'30'12"E 14.55' LOT 2, BLOCK 1 X 589'30' 12"W 14.53' BANYAN DR. 0 In - , J V U mo 00Cca +') UmCO 0 J O z 0 0 O¢ Qn ULLJ Lu O Q O j m � 0 Of •- QQ� = Oa 0 �Q J U i - r 0 J 1., 20' RIGHT-OF-WAY, DEDICATION VOL. 368-158, PG. 17 , P.R.T.C.T. x LARRY CLYDE BROTHERTON, FLORA BROTHERTON VOL.9718, PG.1789 D.R.T.C.T. POINT 4F BE-GN"NG (5/8" IRS W\HUITT-ZOLLARS CAP) FROM WHICH A 5/8" IRON ROD FOUND WITH SEMPCO CAP BEARS NO2'36'37-E 0.21' UT X CUT BLOCK 2RESERVED FOR PUBLIC UTILITY EASEMENT (0.0050 ACRES) LOT 3, NORTH MAIN STREET 0 o SHOPPING CENTER ADDITION a) 00 PHASE III M VOL.388-180, PG.68, P.R.T.C.T. I � f-HU-MUN6 Hunt-Zoilars, Inc. Dallas 3131 McKinney Avenue, S Aa 600 Dales, Texas 75204-2489 Phone (214) 871-= Fax (ZI4) 871-0757 20' RIGHT-OF-WAY DEDICATION NORTH MAIN MONTICELLO VOL. 388-180, PC, 68 PARTNER'S LTD. P.R.T.C,T, VOL. 14639, PC. 109 0. R. T. C. T. RIGHT-OF-WAY TRACT IV ABANDONMENT (0.1119 ACRES) LOT 2R, BLOCK 2 NORTH MAIN STREET SHOPPING CENTER ADDITION PHASE III VOL.388-180, PG.68, P.R.T.C.T, NORTH MAIN MONTICELLO PARTNER'S LTD. W VOL. 14639, PC. 109 D.R.T,C.T, 7 TRACT III O � 0 o LOT 1, BLOCK 2 z `n NORTH MAIN STREET SHOPPING CENTER ADDITION PHASE II VOL.388-158, PG.17, P.R.T.C.T, NORTH MAIN MONTICELLO PARTNER'S LTD. VOL. 14639, PC. 108 X CUT D,R,T.C.T. 1/2' IRF W\AREA CAP BEARS N89'57'47 -E 170.67' ll�`t N89'38'48"W LOT 1, BLOCK 1 14.15' NORTH MAIN STREET SHOPPING CENTER ADDITION VOL.388-121, PG.58 P. R. T. C. T. ZIGHT-OF-WAY ABANDONMEN OUT OF THE A.F. LEONARD SURVEY, ABSTRACT No, 976 CITY OF GRAPEVINE TARRANT COUNTY, TEXAS e 1 o N 1"=50' 15' CITY OF GRAPEVINE PUBLIC UTILITY ESM'T, VOL.13667, PG.0358 D.R.T,C,T. J.J. HALL'S REVISION VOL,1997, PG.0446 D. R. T. C. T. 1/2- IRF W\AREA CAP IRS=5/8' IRON ROD SET W\HUITT-ZOLLARS CAP X CUT=X CUT SET IN CONCRETE BASIS OF BEARINGS: THE CITY OF GRAPEVINE CONTROL MONUMENTS 1,2,3, AND 6, LAND DESCRIPTION RIGHT-OF-WAY ABANDONMENT 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 dedication as shown on the Final Plat of North Main Street Shopping Center Addition Phase III, an addition to the City of Grapevine as recorded in Volume 388-180, Page 68 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; BEGINNING at a 5/8 inch iron rod set with "Huitt-Zollars" cap at the northwest 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''/2 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-way 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; Page 2 of 3 1:\S a rvey\3 0261,03\wp}:RO W_A BAN DON. doc LAND DESCRIPTION PUBLIC UTILITY EASEMENT 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 dedication as shown on the Final Plat of North Main Street Shopping Center Addition Phase III, an addition to the City of Grapevine as recorded in Volume 388-180, Page 68 of the Plat Records Tarrant County, Texas (P.R.T.C.T.) and being more particularly described as follows; BEGINNING at a 5/8 inch iron rod set with "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 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 minutes 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 concrete 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- 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 0.0050 of an acre of land, more or less. For Hi itt- of ars, Inc Eric Registered Professional land Surveyor Texas Registration No. 4862 Huitt-Zollars, Inc. 3131 McKinney Avenue Suite 600 Dallas, Texas 75204 Ph. (214) 871-3311 Date: December 7, 2001 J:\Survey\3026\03\Nvp\ROW_ABANDON.doc Page 3 of 3