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HomeMy WebLinkAboutORD 2018-080 ORDINANCE NO. 2018-080 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 15- FOOT SEWAGE LIFT STATION AND UTILITY EASEMENT ON PROPOSED LOT 1, BLOCK 1, DCT FELLOWSHIP WEST PHASE II ADDITION IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of the proposed Lot 1 , Block 1, DCT Fellowship West Phase II located at 3193 Bass Pro Drive, City of Grapevine, Tarrant County, Texas has requested that a 15-foot sewage lift Station and 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, all constitutional and statutory prerequisites for the approval of this resolution have been met, including but not limited to the Open Meetings Act; 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS: Section 1. That all matters stated hereinabove are found to be true and correct and are incorporated herein by reference as if copied in their entirety. Section 2. That the 13,216 square foot sewage lift station and utility easement located on proposed Lot 1 , Block 1, DCT Fellowship West Phase II 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. 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 16th day of October, 2018. APPROVED: William D. Tate Mayor ATTEST: IGRA-P4 0 .i 1,_/ ,10 O. (3/ % ► a Tara Brooks i►\ (' .n City Secretary ' ' '' • *- * APPROVED AS TO FORM: ..\(\c$ City Attorney Ordinance No. 2018-080 2 EXHIBIT No. 1 PARTIAL EASEMENT ABANDONMENT Part of DCT Freeport West Phase II, LLC James Gibson Survey, Abstract No. 586 City of Grapevine, Tarrant County, Texas DESCRIPTION, of a 13,216 square foot (0.303 acre) tract of land situated in the James Gibson Survey, Abstract No. 586, City of Grapevine, Tarrant County, Texas; said tract being part of that tract of land described in Special Warranty Deed to DCT Freeport West Phase II, LLC recorded in Instrument No. D217098792 of the Official Public Records of Tarrant County Texas; said tract also being part of a 15-foot wide sewage lift station and utility easement recorded in Instrument No. D200242925 of said Official Public Records; said 13,216 square foot (0.303 acre) tract being more particularly described as follows (bearing system is based on the State Plane Coordinate System, North American Datum of 1983 (2011), Texas North Central Texas, Zone 4202. Distances shown have been adjusted to surface by applying the Tarrant County TxDOT combined scale factor of 1.00012): COMMENCING, at a 5/8-inch iron rod with "PACHECO KOCH" cap found in the north right-of- way line of Bass Pro Drive (a variable width right-of-way), said point being the southwest corner of said DCT Freeport West Phase II, LLC tract and the southeast corner of Lot 1, Block 2, Genesis Addition, an addition to the City of Grapevine, Texas according to the plat recorded in Instrument No. D204303185 of said Official Public Records; said point being the beginning of a curve to the left; THENCE, in a easterly direction, along the said north line of Bass Pro Drive, the south line of said DCT Freeport West Phase II, LLC Tract and said curve to the left, having a central angle of 00 degrees, 02 minutes, 33 seconds, a radius of 11,416.66 feet, a chord bearing and distance of North 89 degrees, 03 minutes, 47 seconds East, 15.15 feet, an arc distance of 15.15 feet the POINT OF BEGINNING; said point being on the said north right- of-way line of Bass Pro Drive and being on the west line of said 15-foot wide sewage lift station and utility easement; THENCE, North 00 degrees, 31 minutes, 41 seconds West, departing the said north line of Bass Pro Drive and the said south line of the DCT Freeport West Phase II, LLC tract and along the west line of said sewage lift station and utility easement, a distance of 881.02 feet to a point for corner in the north line of said DCT Freeport West Phase II, LLC tract; from said point a 1/2-inch iron rod with "PACHECO KOCH" cap found for the northwest corner of said DCT Freeport West Phase II, LLC tract bears South 89 degrees, 28 minutes, 30 seconds West, a distance of 15.10 feet; THENCE, North 89 degrees, 28 minutes, 30 seconds East, departing the west line of said sewage lift station and utility easement and along the said north line of the DCT Freeport West Phase II, LLC tract, a distance of 15.00 feet to a point for corner in the east line of said sewage lift station and utility easement; THENCE, South 00 degrees, 31 minutes, 41 seconds East, departing the said north line of the DCT Freeport West Phase II, LLC tract and along the east line of said sewage lift station and utility easement, a distance of 880.89 feet to a point for corner in the said north line of Bass Pro Drive; THENCE, South 88 degrees, 58 minutes, 57 seconds West, along the said north line of Bass Pro Drive and the south line of said DCT Freeport West Phase II, LLC tract, a distance of 6.53 feet to a "+" cut in concrete found on the beginning of a tangent curve to the right; PAGE 1 OF 4 EXHIBIT No. 1 PARTIAL EASEMENT ABANDONMENT OP Part of DCT Freeport West Phase II, LLC James Gibson Survey, Abstract No. 586 r.. City of Grapevine, Tarrant County, Texas THENCE, in a westerly direction, continuing along the said north line of Bass Pro Drive, the south line of said DCT Freeport West Phase II, LLC tract and said curve to the right, having a central angle of 00 degrees, 02 minutes, 33 seconds, a radius of 11,416.66 feet, a chord bearing and distance of South 89 degrees, 00 minutes, 13 seconds West, 8.47 feet, an arc distance of 8.47 feet the POINT OF BEGINNING; CONTAINING: 13,216 square feet or 0.303 acres of land, more or less. (A survey plat of even survey date herewith accompanies this description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the abandonment tract described. �. r / .�i S T Bq ey, _ G • A it Jbnathan r. Cooper Date JONATHAN E. COOPER egister q Professional Land Surveyor No. 5369 x:49 5369 �;� Pacheco Koch, LLC 9y°:Fss�° ° 7557 Rambler Road, Suite 1400, Dallas TX 75231 s Av (972) 235-3031 TX Reg. Surveying Firm LS-10193805 2768-17.228EX1.doc 2768-17.228EX1.dwg RMT PAGE 2 OF 4 Application for Abandonment of A Public Right-of-Way/Easement Address: 3193 Bass Pro Drive, Grapevine, TX Legal Description: Part of 12.878 Acres. Proposed Lot 1, Block 1, of DCT Fellowship West, Phase II, in the James Gibson Sur. Abst.No. 586, Tarrant County,TX. 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 right-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public right-of-way/easement sought to be abandoned is situated. O:\MASTERSIABANDON Procedure Form.doc (Updated July 30,2012) EXHIBIT NO. 2 MATCH UNE (SEE PAGE 4) / 1/ / DCT FREEPORT WEST PHASE II, LLC /\ / (INST. NO. D217098792) — DRAINAGE EASEMENT - / (INST. NO. D204303185) /, Vr 0 30 60 120 — N moo/In GRAPHIC SCALE IN FEET ci LOT 1, BLOCK 2 0 °p/ PARTIAL EASEMENT LEGEND 001 / — - - — PROPERTY LINE GENESIS ADDITION / ABANDONMENT EASEMENT LINE (INST. NO. D204303185) 31 7 13,216 SF o POINT FOR CORNER / 3 W (0.303 ACRES) (UNLESS OTHERWISE NOTED) O A _ (C.M.) - CONTROLLING MONUMENT / M �/ 4,7 100-YR FLOODPLAIN / ° K)/ ;f) EASEMENT O/ O (INST. NO. 0204303185) Z O 0 I 15' SEWAGE LIFT STATION 10' UTILITY EASEMENT - -- /// AND UTILITY EASEMENT I (INST. NO. 0204303185) /// (INST. NO. 0200242925) / VARIABLE WIDTH ) ..i. �j - VOL. 7385,ION EASEMENT 25'X60' ACCESS EASEMENT - :chi (VOL. PG. 2220) (INST. NO. 0204303185) / _ ��' 7 m / T 1 / N n — 50' PRIVATE ACCESS POINT OF / EASEMENT (INST. N0. 0205048747) n / (INST. N0. 0207195380) In COMMENCING / N5/8-INCH IRON ROD S 8�58�57� W CI W/"PACHECO KOCH" /,./6.53 v L..317.51' CAP FOUND (C.M.) C2 _ _ 343.47 _ — — i POINT OF1'C1' +. CUT IN BASS PRO DRIVE BEGINNING CONCRETE FOUND (A VARIABLE WIDTH RIGHT—OF—WAY) CURVE TABLE 03N N N CURVE DELTA RAD/US LENGTH TANGENT CHORD BEAR/NG CHORD i Cl 0'02'33" 11,416.65 8.47' 4.24' S 89'00'13" W 8.47' j NOTES: C2 0'04'34* 11,416.66 15.15' 7.57' N 89'03'47" E 15.15' N N i1. A metes and bounds description of even survey date herewith o accompanies this plot of survey. 2. Bearing system is based on the State Plane Coordinate System, North American Datum of 1983 (2011), Texas North Central Texas, Zone 4202. Distances shown have been adjusted to surface by applying the Tarrant County TxDOT combined scale PARTIAL EASEMENT factor of 1.00012. a ^ 7557 RAMBLER ROAD, SUITE 1400 ABANDONMENT zi- ji Pacheco Koch DALLAS, TX 75231 972.235.3031 PART OF N TX REG. ENGINEERING FIRM F-14439 DCT FREEPORT WEST PHASE II, LLC m TX REG. SURVEYING FIRM LS-10193805 JAMES GIBSON SURVEY, ABSTRACT NO. 586, DRAWN BY CHECKED BY SCALE DATE JOB NUMBER CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS 5 RMT JEC/MCB 1"=60' JULY 2017 2768-17.228 PAGE 3 OF 4 Y - EXHIBIT NO. 2 ► I 15' SEWAGE UFT STATION Ir AND UTILITY EASEMENT LOT 1, BLOCK 1 I (INST. NO. D200242925) WATER OAKS EVENT CENTER PART OF • (INST. NO. D215041532) I FELLOWSHIP OF LAS COLINAS ' -� I (VOL. 94091, PG. 1680) (VOL. 11578, PG. 1111) / TRACT A ,` N 89'28'30" E VARIABLE WIDTH 1/2 INCH IRON ROD I DRAINAGE EASEMENT T / \ W/"PACHECO KOCH" 15.00' 597.88' (VOL. 8792, PG. 996) CAP FOUND (C.M.) _ - © S 89'28'30" W el / — — — — 15.10' , ,' 0 30 60 120 / 0 _ _ _ _ L _ _ GRAPHIC SCALE IN FEET O�c°CD0 / LEGEND �_0i0/, SF) VARIABLE WIDTH - - - - PROPERTY LINE / AVIGATIDN EASEMENT EASEMENT LINE (VOL. 7385, PG. 2220) O POINT FOR CORNER 3% W (UNLESS OTHERWISE NOTED) (C.M.) - CONTROLLING MONUMENT s = - ,. 4-1" Ti: — — 201.22' I O! O O/, O DCT FREEPORT WEST PHASE II, LLC Z/ N (INST. NO. D217098792) 10' UTILITY EASEMENT --- (INST. NO. D207195455) I^ PARTIAL EASEMENT LOT 5, BLOCK 2 c' / ABANDONMENT - GENESIS ADDITION I 13216 SF N \ (INST. NO. D207195455) 3 ( (0.303 ACRES) n i \ kb / 10 ID -f 15' SEWAGE LIFT STATION N // AND UTILITY EASEMENT n \ DRAINAGE EASEMENT b (INST. NO. D200242925) 5 \__-- (INST. NO. 0207195455) 'O // N Z / o R 428.02' n NOTES: c co — — — — " MATCH LINE (SEE PAGE 3) 1. A metes and bounds description of even The undersigned, Registered Professional Land survey date herewith accompanies this plat i9 g of survey. F Surveyor, hereby certifies that this plat of N. surveyaccuratelysets out the metes and .0F„TF N., ,t0'• SrE 4. 2. Bearing system is based on the State Plane bounds of the abandonment tract described. �.•' �1 AF''' N y;.: !A, 0••s Coordinate System, North American Datum f+ of 1983 (2011), Texas North Central Texas, i Q JONATHAN E. COOPER Zone 4202. Distances shown hove been i adjusted to surface by applying the Tarrant ;'O9 5369 p�rQ County TxDOT combined scale factor of i 9.y° .......ESSa•?V•� 1.00012. Jonath. E. Cooper Date O V� </ Registered Professional t • g Land Surveyor No. 5369 PARTIAL EASEMENT 7557 RAMBLER ROAD, SUITE 1400 ABANDONMENT PPacheco e c o Koch DALLAS, TX 75231 972.235.3031 PART OF \ TX REG. ENGINEERING FlRM F-14439 DCT FREEPORT WEST PHASE II, LLC TX REG. SURVEYING FIRM LS-10193805 JAMES GIBSON SURVEY, ABSTRACT NO. 586, DRAWN BY CHECKED BY SCALE DATE .108 NUMBER CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS g RMT JEC/MCB 1"=60' JULY 2017 2768-17.228 PAGE 4 OF 4 Y _ \' ; MARY LOUISE GARCIA COUNTY CLERK,TARRANT COUNTY 100 W_WEATHERFORD FORT WORTH,TX 76196-0401 Receipt Time: 10/24/2018 11:23:07 AM Receipt#: 3887697 Issued To: CITY OF GRAPEVINE/PUBLIC WORKS Documents # Type #Pages Quantity Reference# Book 1 Page Amount 1 ORD 7 1 D218237083 $40.00 Total : $40.00 PaWments Type Payment# Amount NSF 1 ESCROW CHARGE 53 $40.00 Total Payments: $40.00 Balance for Account#53 as of 10/24/2018 11:23 AM is$2,373.50 THANK YOU •NtMy MARY LOUISE GARCIA 4 `c COUNTY CLERK 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: 10/24/2018 11:23 AM Instrument#: D218237083 ORD 8 PGS $40.00 ` -4- azo. t 6,+ «1 By: D218237083 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.