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HomeMy WebLinkAboutORD 2018-077 ORDINANCE NO. 2018-077 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PARTIAL UTILITY EASEMENT ON LOT 3A, BLOCK A, KELLEY ADDITION IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owners of Lot 3A, Block A, Kelley Addition located at 914 Vinters Court, City of Grapevine, Tarrant County, Texas has requested that a portion of a utility easement 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; and WHEREAS, constitutional and statutory prerequisites for the approval of this ordinance have been met, including but not limited to the Open Meetings Act; and WHEREAS, the City Council deems the adoption of this ordinance is 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 163 square foot utility easement located on Lot 3A, Block A, Kelly Addition described in Exhibits "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 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 4 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 4 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 2nd day of October, 2018. APPROVED : William D. Tate Mayor GRApk. ATTEST: A.-1Y U � ',. \ -1 u; , ) m Tara Brooks City Secretary ‘1411PY APPROVED AS TO FORM: ' (`* City Attorney Ordinance No. 2018-077 2 A 1,---.. PARTIAL ABANDONMENT OF ;, UTILITY EASEMENT `j EXHIBIT"A" (PAGE 1 OF 2) b ._.„.____. ..... 30 15 0 15 30 . 2 LOT 4A r I I• BLOCK A I -N-erw0rE�i 2.50' / it I ��- C m 2 1 RI • • LOT 3A 3 1 1 BLOCK As' = I II I VY um `..—_.- ..�.._..—. .— ..— ..--_2.50'---r1/44NI'""wc • ` S W19'0e"W P.O.C. B I I LOT 2A • BLOCK A PARTIAL UTILITY EASEMENT ABANDONMENT OF LOT 3A, BLOCK A • KELLEY ADDITION ,�}P{��o i • a A.F. LEONARD SURVEY, ABSTRACT NO. 946 y:4, ;N 1 SITUATED IN THE CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS TOMMY Q. BURKS ' � AUGUST 2018 \ �A 5509 A�• �q p..F S S�4.4 PREPARED BY: ,. 49' SUR A- ' BURKS LAND SURVEYING / 7 l/ — ...- ---7-7 223 CR 1260 GY r71--� DECATUTEXAS1260 76234 111 *17/22-5577 E-MAIL:bII,vcy9$@yahoa.c m 16008-3AEASE PARTIAL ABANDONMENT OF UTILITY EASEMENT EXHIBIT "B" (PAGE 2 OF 2) LEGAL DESCRIPTION TRACT 1 BEING a 0.004 acre tract of land in the A.F. Leonard Survey,Abstract No.946 being a portion of Lot 3A, Block A, Kelley Addition,an addition to the City of Grapevine,Tarrant County,Texas as recorded in Clerk's File No. D217176989 Plat Records of Tarrant County,Texas and being more particulalry described as follows: COMMENCING a 1/2"iron rod found with a cap at the southeast corner of said Lot 3A; THENCE S 89°19'08"W along the south line of said 3A a distance of 5.00 feet to the Point of Beginning; THENCE S 89°19'08"W along said south line a distance of 2.50 feet to a point; THENCE N 00°10'52"W leaving said south line a distance of 65.00 feet to a point in the north line of said Lot 3A; THENCE N 89°19'08"E along said north line a distance of 2.50 feet; THENCE S 00°10'52"E a distance of 65.00 feet to the Point of Beginning and containing in all 163 square feet or 0.004 acres of land. SURVEYORS CERTIFICATE r-- The plat shown hereon is a representation of the property as determined by an actual on the ground survey:the lines and dimensions of said property being indicated by the plat.The undersigned has no knowledge of or has been advised of any known or apparent intrusions,conflicts, �.46� R4'0•�'�N1 easements,or protrusions except as shown. The word certify as used in various forms herein is understood to be an expression of Professional opinion by the surveyor based on his best knowledge,information,and belief. TOMMY 0. BURKS ..y.......M..«........y.. 1,4 5509 ,741 f • 7G� /7 <>I/kr °r o vE Tommi Q.Burks \ S U Registered Professional Land Surveyor No.5509 Burks Land Surveying Firm No. 10069700 ..ti. r ..°ti r•�� ,. .• MARY LOUISE GARCIA r COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 - r • ' ' '••'' 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: 10/10/2018 2:56 PM Instrument#: D218226915 N 5 PGS $28.00 Bre-<• t'PG=. «�1 By: D218226915 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.