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HomeMy WebLinkAboutORD 2012-008 ORDINANCE NO. 2012-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A 7.5 FOOT WIDE DRAINGE AND UTILITY EASEMENT ON LOT 9, BLOCK 4, AUSTIN OAKS ADDITION IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 9, Block 4, Austin Oaks Addition located at 2417 San Jacinto Lane, Grapevine, Tarrant County, Texas has requested that a two foot wide strip of a Drainage and Utility Easement bordering the south property line of said lot, as herein after described, be abandoned and vacated; and WHEREAS,the 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 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 two foot wide strip of a Drainage and Utility Easement located on Lot 9, Block 4, Austin Oaks Addition described in Exhibits "1" and "2", 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. 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. That 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 maintain 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 20th day of March, 2012. APPROVED: R' William D. Tate Mayor ATTEST: a$ J• • C. Brown Ci Secretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney Before me, Anne Baker, Notary Public on this day personally appeared William D. Tate , Jodi C. Brown and John F. Boyle,Jr known to me to be the persons whose names are subscribed to the foregoing instrument and acknowledged to me that they executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 20th day of March, 2012. No a Signature My Commission Expires: 01/14/2016 ktf.Y Pd* ANNE BAKER * * Notary Public .. State of Texas My Comm.Expires 01-14-2016 ORD. NO. 2012-08 2 Job Number 212-0518 EXHIBIT- TO �P� O/off-08 Page _L Of .,.�._...., EXHIBIT 1 DRAINAGE &UTILITY EASEMENT ABANDONMENT EXHIBIT Being a portion of Lot 9,Block 4,of Austin Oaks,an addition to the City of Grapevine,Tarrant County,Texas, according to the plat thereof recorded in Cabinet A,Slide 408,Plat Records,Tarrant County,Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 1/2-inch iron rod at the common north corner of said Lot 9 and Lot 8, said Block, said iron rod being on the south line of San Jacinto Lane(50 foot right-of-way); THENCE South 01°08'23" West,a distance of 102.50 feet along the common line of said Lots 8 and 9 to the POINT OF BEGINNING; THENCE South 01° 08'23" West,a distance of 2.00 feet along said common line to a point from which a found 1/2-iron rod at the common south corner of said Lots 8 and 9 bears South 01° 08'23"West, a distance of 5.50 feet; THENCE North 88°51' 37" West, a distance of 70.00 feet to the common line of said Lot 9 and Lot 10,aforesaid Block; THENCE North 01°08'23" East,a distance of 2.00 feet along said common line; THENCE South 88°51'37" East,a distance of 70.00 feet to the POINT OF BEGINNING and containing 140 square feet or 0.003 of one acre of land. .OF� '�•A Q-.•G\STFR•`+ 4• ROBERT T.PAUL,JR. 4984 SUR`iI 4 Robert T. Paul, Jr. llll Registered Professional Land Surveyor No. 4984 EXHIBIT _ TO iea Ro/02-€3? Page , / of /__._ PRECISE LAND SURVEYING, INC. DALLAS/FORT WORTH 4625 EASTOVER DR. MESQUITE, TX 75149 _ PH. 877.5131.7072 FX. 1.888.438.1273 0 LOT 3 LOT 2 + LOT I found 1/2" iron rod ` wood fence 5.50' N :%51'°33'W 70.00' o.5' - 5 01' 08' 23" Ni N or 06' 23° E 2.00' — — — _ e& 37° E 70.:i' . — 2.00' 5 pool i 7.5' DRAINAGE 4 POINT OF -§wee... UTILITY EASEMENT deck ..... .. BEGINNING -, (per Plat) 3�• concrete'�`,brick .. 3I .LOT 8 LOT q LOT 10 s BLOCK 4 3 m N 0 0 N POINT OF COMMENCING found 5/8" found 1/2" found 1/2" found 1/2" iron rod iron rod iron rod iron rod .iron 140.00' 5 86' 51' 37' E 70.00' 70.94' SAN JACINTO LANE (50' R.O.W.) NOTES: CM = CONTROLLING MONUMENT. o '0 IS 20 30 40 THIS SURVEY IS VALID ONLY 141T1-1 ORIGINAL SIGNATURE IN BLACK INK. BEARINGS ARE BASED ON PLAT RECORDED IN CAB. A, SLIDE 408, P.R.T.C.T. SCALE IN FEET DATE: 03/01/12 TECH: RLH FIELD: JL DATE FIELD: 02/29/12 JOB NO: 212-0518 EXI—IIBIT 2 I4 OF �. DRAINAGE �'P��STf:el * UTILITY ;y:: * 'n EASEMENT / ROBERT T. PAUL,JR. 0, ABANDONMENT ■ �:�q 4984 ; EXHIBIT V;4'.,1_4.I) /��SfT%i /� Prafeeimd Lend &miff J MARY LOUISE GARCIA . COUNTY CLERK k 100 West Weatherford Fort Worth,TX 76196-0401 PHONE (817) 884-1195 CITY OF GRAPEVINE 200 S MAIN GRAPEVINE, TX 76051 Submitter: CITY OF GRAPEVINE/PUBLIC WORKS DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 9/26/2012 3:02 PM Instrument#: D212237504 OPR 5 PGS $28.00 li By: D212237504 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: CAMADDOCK