HomeMy WebLinkAboutItem 27 - Easement AbandonmentMEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL
FROM: BRUNO RUMBELOW, CITY MANAGER
MEETING DATE: MARCH 17, 2026
SUBJECT: SANITARY SEWER EASEMENT ABANDONMENT 3301 KODIAK
COURT
RECOMMENDATION: City Council to consider adopting an ordinance abandoning a portion of a
10' Sanitary Sewer Easement on the northwest corner of Lots 1 thru 10
and Lot 22X, Block 1, The Reserve at Bear Creek located at 3301 Kodiak
Court.
FUNDING SOURCE:
BACKGROUND: The property owners located at 3301 Kodiak Court have requested the
City abandon a portion of a 10' Sanitary Sewer Easement due to the
sanitary sewer line being previously rerouted and rededicated on final
plat. The Sanitary Sewer Easement on the property was originally
dedicated by Vol. 7880, Pg. 1081 D.R.T.C.T. This easement is no longer
needed.
Staff recommends approval.
APPLICATION FOR
THE ABANDONMENT OF A
PUBLIC RIGHT-OF-WAY/EASEMENT
Date: a I A �� a c,p
Location of right-of-way/easement to be abandoned:
Address: 3301 Kodiak Ct (Reserve at Bear Creek)
Legal Description: Portion of a 10' sanita sewer easement
Ori.;inal recording: Volume 7880, Page 1081 dated 4/16/84
Property owner's
Name; Bear Creek Grapevine Townhomes LLC'
Address:
Phone Number:
TO THE MAYOR AND CITY COUNCIL OF THE CITY OF GRAPEVINE:
The undersigned hereby makes application for the abandonment of that portion of the above
right -of -Way particularly described in Exhibit No.1, attached. In support of this application, the
undersigned represents and warrants the following:
1. The undersigned willhold the City of Grapevine harmless, and indemnify it against all
suits, costs, expenses and damages that may arise or grow out of such abandonment.
2. Attached, marked Exhibit No. 1, is one sealed metes and bound description of the area
sought to be abandoned, prepared by a Licensed Public Surveyor.
3. Attached, marked Exhibit No, 2, is a copy of a plat or detailed sketch of that portion of
'tire public right-of-way/easement sought to be abandoned and the surrounding area to
the nearest streets in all directions, showing the abutting lots and block, and the
subdivision in which the above described right-of-way/easement is situated, together
with the record owners of such lots.
4. Attached, marked Exhibit No. 3, is the consent of all public utilities to the abandonment.
5. Attached, marked Exhibit No. 4, is the consent of the City of Grapevine staff to the
abandonment.
WMASTERSIABANDON Procedure Forrr3__2011doc (Updated February 15, 2013)
6. Such public right-of-way/easement should be abandoned because. -
The sanitary line itself has been relocated.
I swear that all of the information contained in this
my knowledge and belief.
Applicant's Signature
Applicant's Name_
Applicant's Address
to the best of
Applicant's Phortie Ntamber-
sTATE of -rExAs
} ACKNOWLEDGMENT
COUNTY OF TARRANT }
Before me s 'f�i S S a f on this day personally appeared
kw,t , known to me (or proved to me on the oath of
or through C�I(ri� L C _lc,c.p (description of identity card or
other document) to be the person whose name is subscribed to the foregoing instrument and
acknowledged to me that he executed the same for the purposes and consideration therein
expressed.
Given under my hand and seal of office this
C2 0.15
SEAL
!! day of / Y b vim" °W , A.D,
Notary Signature I
Ruk Commission
Hussain
My Commtsslon Expires
2119/2028
Notary ID132364225
0AMASTERSIABANDON Procedure Form_2013_doc (Updated February 15, 2013)
Application for Abandonment of
A Public Right-of-Way/Easement
Address: 3301 Kodiak Ct (Reserve at Bear Creek)
Legal Description. Portion of a 10' sanita sewer easement
EXHIBIT NO. 1
Attached is one sealed copy of the metes and bounds description of the public right-of-
wayleasement situated in Reserve at Bear Creek
Addition/Subdivision to the City of Grapevine, Tarrant County, Texas, sought to be abandoned,
OAMASTERSVABANDON Procedure Form_2013.doc (updated February 15, 2013)
LEGAL DESCRIPTION OF A 0.0786 ACRE PORTION OF
A SANITARY SEWER EASEMENT TO BE ABANDONED
Being a tract of land out of the J. H. Hughes Survey, Abstract No. 822-1 /2 and situated in the City of Grapevine,
Tarrant County, Texas, said tract being a portion of Lots 1 thru 10 and a portion of Lot 22X, Block 1, The Reserve at
Bear Creek, an addition to the City of Grapevine, Texas according to the plat thereof recorded as Instrument No.
D221022124 of the Official Public Records of Tarrant County, Texas, said tract also being a portion of a ten foot
(10) sanitary sewer easement to City of Grapevine recorded in Volume 7880, Page 1081 of the Deed Records of
said County and being more particularly described by metes and bounds as follows:
Commencing at a 1/2 inch "MILLER 5665" capped steel rod found for the northwest corner of said Lot 1 and an
angle point in the southerly boundary line of said Lot 22X from which a 1/2 inch "MILLER 5665" capped steel rod
found for an angle point in said southerly boundary line bears North 69 degrees 37 minutes 31 seconds East at
125.32 feet; Thence South 20 degrees 06 minutes 23 seconds East a distance of 65.50 feet to the northerly
boundary line of said easement and the point of beginning of the tract described herein;
Thence North 40 degrees 24 minutes 19 seconds East with the northerly boundary line of said easement a
distance of 134.52 feet to an angle point therein;
Thence North 73 degrees 15 minutes 22 seconds East continuing with said northerly boundary line a distance of
212.39 feet;
Thence South 05 degrees 13 minutes 09 seconds East a distance of 10.21 feet to the southerly boundary line of
said easement from which a 1/2 inch "MILLER 5665" capped steel rod found for the northwest corner of Lot 11 of
said Block 1 bears South 62 degrees 52 minutes 04 seconds East at 82.33 feet;
Thence South 73 degrees 15 minutes 22 seconds West with the southerly boundary line of said easement a
distance of 207.41 feet to an angle point therein;
Thence South 40 degrees 24 minutes 19 seconds West continuing with said southerly boundary line a distance of
130.55 feet to the most northerly corner of a ten foot (10) sanitary sewer easement shown on said plat;
Thence North 55 degrees 24 minutes 40 seconds West a distance of 10.05 feet to the point of beginning and
containing 0.0786 acres of land, more or less.
This is to certify that: a) This document serves
as my graphic representation of a land survey
of the 0.0786 acre easement abandonment
area shown and described hereon; b) Said
survey being performed on the ground, under
my supervision, on October 30, 2025; c) The
boundary lines and dimensions indicated
hereon are based on said survey and are true
and correct; and d) As of the Date of
Certification, the corner monuments shown
hereon were in place as indicated.
Date of Certification: November 10, 2025
/j
MILLER
S U
R V E Y I N G, I N C
11
Professional Precision.
PO Box 1041 • Calleyville TX 76034
517-577-1052
millersurvey.net
TASF Na 10100400
Survey Exhibit Sheet 2 of 2
Job No. 18020 • Plot File 18020 San Abdt
Application for Abandonment of
A Public Right-of-Way/Easement
Address: 3301 Kodiak Ct i Reserve at Bear Creek
Legal Description: Portion of a 10' sanita sewer easement
EXHIBIT NO. 2
Attached is one copy of a plat or detailed sketch of the public right-of-way/easement sought to
be abandoned in the above mentioned application, showing the surrounding area to the nearest
streets in all directions, abutting lots, the block or blocks in which the portion of the public right-
of-way/easement sought to be vacated is situated, and the addition or subdivision in which the
portion of the public rig ht-of-wayleaseme nt sought to be vacated is situated, and the addition or
subdivision in which the portion of the public right-of-wayleasement sought to be abandoned is
situated.
OAMAsnRS'ABANDON Procedure Form_2013.doc (Updated February 15, 2013)
VERIZON TELEPHONE COMPANY
AT&T
Signature:
Print name:
Title:
Phone number,
Signature:
Print name: /v
i
Title:
Phone number:
OAMASTER8tABANDON Procedure Form_2013_doc (Updated February 15, 2013)
Application for Abandonment of
A Public Right-of-WaylEasement
Address: 3301 Kodiak Ct Reserve at Bear Creek)
Legal Description: Portion of a 10' � anita sewer easement
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms and
provisions of our respective franchises with the City of Grapevine, that portion of the public right-
of-way/easement sought to be abandoned in the Application for Abandonment above referred
to, do hereby consent to the abandonment of the described portion thereof.
Copies of this sheet can be made for individual submission to the utility companies.
ATM08
Signature:
Print name:
Title: N
Phone number:
ONCOR ELECTRIC
Signature:
Print name:
Title:
Phone number:
1 iff►# - _
Signature:
Print name:
Title:
Phone number -
Continued...
O:\MASTERStAIJAi' DON procedure Form_2013.doc (Updated February 15, 2013)
Application for Abandonment of
A Public Right-of-Way/Easement
Address: 3301 Kodiak Ct (Reserve at Bear Creek)
Legal Description: Portion of a 10' sanita , sewer easement
EXHIBIT NO. 4
The undersigned City staff of the City of Grapevine, certify that they have carefully considered
the Application for Abandonment of the public rig ht-of-wayleaseme nt referred to above from the
standpoint of City of Grapevine ordinances and with respect to present and future needs of the
City of Grapevine and see no objection to the requested abandonment from the City's
standpoint.
ea 41,4t12
D/ ctor of Public Works
City of Grapevine
WaterMastewater Collection
Superintendent
City of Grapevine
0:1MASTFRS`ABANDON Procedure Form_2011doc (Updated February 15, 2013)
0.0786 ACRE EASEMENT
AREA TO BE ABANDONED
LOT 22X
(DRAINAGE & FLOODPLAIN EASEMENT)
Point of
Commencing di
G
Point of
Beginning,
N 55924'40"
10.05'
10' Sanitary Sewer Easement
VoL 7880, Pg. 1081 (to remain)
J� \
- )
millersurvey.net
\--1,II/
10' Sanitary Sewer Easement
D221022124 (to remain)
10'SanitarySewer Easement
Vol. 7880, Pg. 1081 (to remain) ass
Of .3.
S 05*1 T09" E s
9
1.21' ,o ��� P^�r 0
015`22" ��ysP°�
N�3 �4. �s
o
3.�5'22 W , Sewer asemen I ��?3�:•. �P,'
S 10Sanitary 51081(to remain) LOT 22X \ o6sRjP
vol. 768p, Pg 1, I0 t I PEE
8 � 1
6 11 \
BLOCK 1 - THE RESERVE AT BEAR CREEK
INST. NO. D22.1022124 O.P.R.T C_T
OURT
K0DjAK . ht.afway)
(A 50 foot public rig
M LLE
S U R V E Y ((I N G,
Professionall Precision.
PO Box 1041 • Colleyville TX 76034
817-577-1052
millersurvey.net
TALSF Na 10100400
= 1/2" "MILLER 5665" capped steel`rod found - `+ " \ Survey Exhibit Sheet 1 of 2
Job No. 18020 • Plot File 18020 San Abdt
,CC -EASEMENT. Wrtrn stotm„rr
�y7
THE STATE OF TEXAS, l
f KNOW ALL MEN BY THESE ENTS:
COUNTY )F TARRANT
5.00 N D
THAT 2uGri 3`7 2 mn36/84
or County, Texas , m era ' of the wm of
One Dollar ($1.00) .nd other onsideration
in hand paid by the City of Grapevine, Texas receipt of whit} hemb Itnowledged, do by
these presents grant, bargain, sell and convey unto to the Gity apev texas , the free
and uninterrupted use, liberty and privilege of the passage , along, up and across the following
described property, (see centerline description bet
owned by grantor Situated in Tarran County, Texas, in the
J. H. Hughes Survey, Abstraet 2028
10 Foot Sanitary 5 t Men
BEING a strip of land situated `t th H. ughes Survey, Abstract No. 2028
in the City of Grapevine, Tarrant Coun Te said strip of land being 10.00
feet in width, 5.00 either side of ing described centerline;
COMMENCING at the centerline int tit Hughes Road (County Road 3037)
(a 50 foot right-of-way), said poi
r als: ing the southeast corner of the above
said J. H. Hughes Survey; The °35' " W., 1167.54 feet; Thence
N. 1°49'18" E., 313.75 feet: a '49" W., 153.90 feet; Thence
N. 1°24'19" E., 1340.65 fee T 89°54'24" E., 5.00 feet to the POINT OF
BEGINNING;
THENCE N. 1°24'19" E., to a point for corner;
THENCE N. 40°24'19" E., 6 ° to a point for corner;
THENCE N. 74°24'19" E., eet to the end of said centerline.
L- t
1`
And it is further tthesaid grantor
in consideration of the benefits above set out, will remove from the property above described, such fences,
buildings and other obstructions as may now be found upon said property. -
For the purpose of constructing a sanitary sewer tine
in, along, upon and -
across said premises, with the right and privilege at all tunes of the grantee herein, his or its agents,
employees, workmen and representatives having ingress, egress, and regress in, along upon and across said
premises for the purpose of making additions to, improvements on and repairs to the said sanitary sewer
any Part thereof.
TO HAVE AND TO HOLD unto the said Grantee C.TY of !iliJo�Lf as aforesaid for
y.. _ the purposes aforesaid the premises above described.
ON Witness My hand , this the i4- day of it 'ic , A.D. 19 d5'
792—a mat n�Ap�r1 g� -
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ACKNOWLEDGMENT
THE STATE OF TEXAS, BEFORE ME, the u Charity,COUNTY OF 7-A/�'P7/-'N7
on this day per .... lly.pp,a,.d j 4 ' fV ru
known to me to be the person whom name svuseribed to the foregoing instrument, to me that
same
he executed the me for the purposes and -sid-flun therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This day of 191 W
(L S.) :�. ;I.
..... . ....... . ............ ...... ............... ..... ........
1-n P.b to -g_ c-
-i..-
ACKNOWLEDGMENT
THE STATE OF TEXAS, BE the undersigned puthDrity.
COUNTY OF
this day personally appeared 60UNT 'AWL
ti
st
prat tra Iq
!mo� ...... t. b- --k. ;e== wh= ASH a
=E.!Ln-'!cdg- to me that
-he- executed the -me for the purposes ton Lher
GIVEN UNDER MY HAND AND SEAL OF OFFICE, Thi. A.D.
(1,S-)
I' as -Mifus isa.
co
THE STATE OF TEXAS, BEFORE HE d. rmclers,r-4 -th-tV,
COUNTY OF .. .. . ..... ............... .........
ou thta day pracmally appraed-.-- . ....... . - ------ - ---- .... .....
--Anotra to me to be the perum, and officer
whose n name i's'-s-nh`2-e-ribe-d-to ih-e-f-o're-g-oin'g- ad -buiva to me that the same vnts the ad of the -d
a torpuratfon,* and that be aectntaTiKe uma act of corpora'an for the purpoasa =d mnsidenstion thtunla
e.pr-..d, and in the -P--ity tbereint at-W.
GIVEN UNDER MY HAND AND 8 This_dayA.D. 19---
UAL)
THE STATE OF TI
COUNTY OF...
Clerk of the County Court
... ......... day of.
mord in 94ciffica-
Notary Publir, In and for the State of Teas.
my Connalsahm E"fires
CERTIFICATE
11 - - ... - .. - - .. -1 .. , r—ty
bateby certify that the foregoing inatruntent of writing dated on th*
A. D. 19 fth it. Cartificle of Authentication, was Sled for
................... A. D. 19. at .... - o'clock..... 19, and duly
A 19 C.- 61deck. It, In the
............ . ... 31-ord. of said County, I. pages.._ . .........
SEAL OF THE COUNTY COURT of said County, at of in.
the day and year last above written.
... ........ .. .......
County Clerk., ................... .. . . ............. Coum!W, Texan
By . .. .. .. . ................. DttP-tY-
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R
ORDINANCE NO. 2026-018
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS, ABANDONING A 10' SANITARY
SEWER EASEMENT COMMENCING ON THE
NORTHWEST CORNER LOTS 1 THRU 10 AND LOT 22X,
BLOCK 1, THE RESERVE AT BEAR CREEK AS
HEREINAFTER DESCRIBED
WHEREAS, property owner for Lots 1 thru 10 and Lot 22X, Block 1, The Reserve
at Bear Creek located at 3301 Kodiak Court, City of Grapevine, Tarrant County, Texas
has requested a sanitary sewer easement on said lots, as herein after described, be
abandoned and vacated; and
WHEREAS, this easement was originally dedicated to the City as a 10 foot wide
sanitary sewer easement by separate instrument in Vol. 7880, Pg. 1081 D.R.T.C.T. and
WHEREAS, the applicant has received signatures from the Utility Manager and
the Director of Public Works. The easement is not needed for sanitary sewer use and will
not be needed in the future for public use; and
WHEREAS, abandoning the said easement will relieve the City of Grapevine,
Texas from the cost and expense of maintaining said property; and
WHEREAS, all constitutional and statutory prerequisites for the approval of this
ordinance have been met, including but not limited to the Open Meetings Act and
Chapter 211 of the Local Government Code; and
WHEREAS, the City Council deems the adoption of this ordinance to be in the
best interests of the health, safety, and welfare of the public.
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 0.0786 acre Sanitary Sewer Easement Lots 1 thru 10 and
Lot 22X, Block 1, The Reserve at Bear Creek in Exhibits "A" Pages 1 and 2, attached
hereto and incorporated herein for all purposes, is hereby abandoned for public use and
the same is hereby abandoned insofar as all public right, title, interest in and to said right
of way 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 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 maintaining such 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 MARCH 2O26.
APPROVED:
William D. Tate
Mayor
ATTEST:
Tara Brooks
City Secretary
APPROVED AS TO FORM:
Matthew C.G. Boyle
City Attorney
Ordinance No. 2026-018 2