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HomeMy WebLinkAboutORD 2013-005ORDINANCE NO. 2013 -05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF HILLTOP DRIVE RIGHT OF WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of Lots 5A, 5B, 6, and 8, Block 7, Lucas Addition of the City of Grapevine, Tarrant County, Texas has requested that a five foot wide strip of Hilltop Drive right of way, as herein after described, be abandoned and vacated; and WHEREAS, the right of way is not needed for public street use and will not be needed in the future for public street use; and WHEREAS, the right of way shall be retained for a public utility easement; 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 public street right of way described in Exhibit "A ", attached hereto and incorporated herein for all purposes, is hereby abandoned and vacated for public use subject to the retention of said right of way for a utility easement. 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 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 19th day of February, 2013. APPROVED: William D. Tate Mayor ATTEST: Jodi Brown City ecretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney State of Texas County of Tarrant �aapFv %* VI 1, '%% i 1 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 19th day of February,. 2013 4�� 13-4-L� N a y Signature My Commission Expires: 01 -14 -2016 [*my ANNE BAKER Notary Public State of Texas Comm. Expires 01 -14 -2016 ORD. NO. 2013 -05 2 / d PU;�E . Q F - r £-- 1 N t��q ROGER W. HART '44ea V Page -_of / No. 44930ROW Q °�.���� eq b 0 � 0 1 c, y�o� X :O NORTH C) Nib Scale: 1 = 20 , Field Notes Description for a portion of Hilltop Road as dedicated by plat of W. C. Lucas Addition, according to the plat recorded in Volume 388 -4, Page 125, Plat Records, Tarrant County, Texas, and being described by metes and bounds as follows: BEGINNING at a 3/8" iron pin found for the northwesterly corner of Lot 5 -C, Block 6, W. C. Lucas Addition, according to the plat recorded in Volume 388 -4, Page 125, Plat Records, Tarrant County, Texas; THENCE South 27 degrees 54 minutes 35 seconds East a distance of 5.03 feet along the westerly line of Lot 5 -C to the existing southeasterly line of Hilltop Road; THENCE South 56 degrees 04 minutes 02 seconds West a distance of 159.00 feet along the existing southeasterly line of Hilltop Road; THENCE North 33 degrees 54 minutes 55 seconds West a distance of 5.00 feet; THENCE North 56 degrees 04 minutes 02 seconds East a distance of 159.52 feet to the Point of Beginning, said described tract containing 796 square feet of land. A AREA SURVEYING, INC. Surveying / Mapping Web: areasurveying.com Voice: 817.294.4490 / Fax: 817.764.2328 Mail: 6080 S. Hulen St., Suite 360, #226 / Fort Worth, TX 76132 By: MARY LOUISE GARCIA COUNTY CLERK ar :aaaaae a't CCY+CT�r�•i rr rt t •raaf Irarfa CITY OF GRAPEVINE PUBLIC WORKS 200 S MAIN GRAPEVINE, TX 76051 Submitter: CITY OF GRAPEVINE /PUBLIC WORKS 100 West Weatherford Fort Worth, TX 76196 -0401 PHONE (817) 884 -1195 DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: Instrument #: D213048634 2/26/2013 12:15 PM D213048634 OPR 4 PGS $24.00 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 J