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Home My WebLink AboutORD 2013-008e ORDINANCE NO. 2013 -08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF DUNN STREET RIGHT OF WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owners of lots bordering the dead -end of Dunn Street have requested that a 50 foot wide and 99 foot long strip of Dunn Street 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 March, 2013. 'S =• "* William D. Tate Mayor ATTEST: <�oL Jod' C. Brown Cit ecretary APPROVED AS TO FORM: John F. Boyle, Jr. City Attorney State of Texas County of Tarrant Before me, Anne Baker, Notary Public on this day personally appeared William D. Tate, Jodi C. Brown and John F. Boyle, Jr. known tome 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 March . 2013. My Commission Expires: 01 -14 -2016 ORD. NO. 2013 -08 0 N a Signature Smy ANNE BAKER rotary Public State of Texas Comm. Expire s s 01 -1 -2016 LiM -, GIN Before me, Anne Baker, Notary Public on this day personally appeared William D. Tate, Jodi C. Brown and John F. Boyle, Jr. known tome 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 March . 2013. My Commission Expires: 01 -14 -2016 ORD. NO. 2013 -08 0 N a Signature Smy ANNE BAKER rotary Public State of Texas Comm. Expire s s 01 -1 -2016 An Exhibit showing a portion of This survey plat is TO BE ABANDONED accompanied by a field note description which is made a Situated in the City of Grapevine part of this document. Tarrant County, Texas 1, Jason B. Rawlings, Registered Professional Land Surveyor No. 5665 in the State of Texas, certify that this plat represents an accurate survey made on the ground under my supervision on February 7, 2013 of the 0.0569 acre tract described herein, and that the boundary lines, corners and dimensions shown herein are as indicated. IASON B. RAWLINGS .......... ............................... °.f, 5665 Residential • Commercial • Municipal 430 Mid Cities Blvd. Hurst, Texas 76054 817.577.1052 Fax 817.577.0972 www.MillerSurveying-inc.com Job No. 13011 -Plot File 13011 North it Field Note Description of a 0.0569 acre portion of Dunn Street to be abandoned Being a tract of land out of the Samuel Freeman Survey, Abstract No. 526 and situated in the City of Grapevine, Tarrant County, Texas, said tract being a portion of Dunn Street as shown on the plat of Silverlake Addition recorded in Volume 388 -158, Page 26 of the Plat Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: Commencing at a 1/2 inch steel rod found for the northwest corner of Lot 13, Block B of said Silverlake Addition, said rod being the intersection of the easterly right -of -way line of Teton Drive and the southerly right -of -way line of Dunn Street; Thence North 00 degrees 37 minutes 50 seconds West a distance of 25.00 feet to the POINT OF BEGINNING of the tract described herein; Thence North 00 degrees 37 minutes 50 seconds West a distance of 25.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set in the northerly right -of -way line of said Dunn Street, said rod being in the southerly boundary line of Lot 4R1, Block 1, Nightingale Court, an addition to the city of to the City of Grapevine, Tarrant County, Texas according to the plat thereof recorded as Document No. D212169961 of said Plat Records; Thence North 89 degrees 20 minutes 59 seconds East with the northerly right -of -way line of said Dunn Street and the southerly boundary line of said Lot 4111 (the bearing basis of this tract) a distance of 99.14 feet to a 1/2 inch "MILLER 5665" capped steel rod set for the southeast corner of said Lot 4111, said rod being in the westerly boundary line of Lot 25, Shorecrest Acres, an addition to the City of Grapevine, Texas according to the plat thereof recorded in Volume 388 -L, Page 81 of said Plat Records; Thence South 00 degrees 37 minutes 50 seconds East with the westerly boundary line of said Lot 25 a distance of 25.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence South 89 degrees 20 minutes 59 seconds West a distance of 99.14 feet to the point of beginning and containing 0.0569 acres of land as surveyed by Miller Surveying, Inc. in February 2013. I, Jason B. Rawlings, Registered Professional Land Surveyor No. 5665 in the State of Texas, certify that this plat represents an accurate survey made on the ground under my supervision on February 7, 2013 of the 0.0569 acre tract described herein, and that the boundary lines, corners and dimensions shown herein are as indicated. �ASON B.'RAwL1NGs ........... ............................... 5665 suR This field note description is accompanied by a survey plat which is made a part of this document. Job No. 13011 • Plot File 13011 North LOT 1R1 1/21, steel rod found DUNN 6 C LOT 5R1 va CX 1 �YG2,1'p ¢� D0C' � LOT 4R1 1/2" "MILLER 5665" 1/2" steel ' rod found 1/2" steel rod found LOT 16 0� q �G �titi h00, 4~ �0ti 4z: 0 50 100 150 ■ ■ ■ '■ ■ Graphic 1/21, steel rod found capped steel rods set \ I LOT 25 S 89 020'59 "W 99.14' p.o.b. 1121, steel rod found 0 LOT 13 ��. 1/2" steel rod found 4 5~v hCbl �y0�0y. I, Jason B. Rawlings, Registered Professional Land Surveyor No. 5665 in the State of Texas, certify that this plat represents an accurate survey made on the ground under my supervision on February 7, 2013 of the 0.0569 acre tract described herein, and that the boundary lines, corners and dimensions shown herein are as indicated. IASON B. RAWLINGS p 5665 P g 1/2" steel rod found 1/2" "MILLER 5665" capped steel rod set LOT 24 g G� G .q# X 4 4 4~ �o 11%)C1 a S C O a W r1 y C ie V r ® y W This survey plat is accompanied by a field note description which is made a part of this document. I tit, Residential • Commercial - Municipal 430 Mid Cities Blvd. Hurst, Texas 76054 817.577.1052 Fax 817.577.0972 www.MillerSurveying-Inc.com Job No. 13011 • Plot File 13011 South . -i i . Field Note Description of a 0.0569 acre portion of Dunn Street to be abandoned Being a tract of land out of the Samuel Freeman Survey, Abstract No. 526 and situated in the City of Grapevine, Tarrant County, Texas, said tract being a portion of Dunn Street as shown on the plat of Silverlake Addition recorded in Volume 388 -158, Page 26 of the Plat Records of Tarrant County, Texas and being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch steel rod found for the northwest corner of Lot 13, Block B of said Silverlake Addition, said rod being the intersection of the easterly right -of -way line of Teton Drive and the southerly right -of -way line of Dunn Street; Thence North 00 degrees 37 minutes 50 seconds West a distance of 25.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set; Thence North 89 degrees 20 minutes 59 seconds East a distance of 99.14 feet to a 1/2 inch "MILLER 5665" capped steel rod set in the westerly boundary line of Lot 25, Shorecrest Acres, an addition to the City of Grapevine, Texas according to the plat thereof recorded in Volume 388 -L, Page 81 of said Plat Records; Thence South 00 degrees 37 minutes 50 seconds East with the westerly boundary line of said Lot 25 a distance of 25.00 feet to a 1/2 inch "MILLER 5665" capped steel rod set in the southerly right -of -way line of Dunn Street, said rod being the northeast corner of said Lot 13; Thence South 89 degrees 20 minutes 59 seconds West with said southerly right -of -way line and the northerly boundary line of said Lot 13 a distance of 99.14 feet to the point of beginning and containing 0.0569 acres of land as surveyed by Miller Surveying, Inc. in February 2013. 1, Jason B. Rawlings, Registered Professional Land Surveyor No. 5665 in the State of Texas, certify that this plat represents an accurate survey made on the ground under my supervision on February 7, 2013 of the 0.0569 acre tract described herein, and that the boundary lines, corners and dimensions shown herein are as indicated. This field note description is accompanied by a survey plat which is made a part Of this document. 430 Mid Cities Blvd. ASON B. RAWLINGS .... Hurst, Texas 76054 °p 5665 0 '�css�P ?' 10 817.577.1052 Fax 817.577.0972 www.MillerSurveying- Inc.com Job No. 13011 • Plot File 13011 South