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Home My WebLink AboutORD 2013-009 ORDINANCE NO. 2013-09 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF WALNUT STREET RIGHT OF WAY IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the owner of Lot 1 R-Al, Block 2A, Grapevine Station has requested that a 50 foot wide and 245 foot long strip of Walnut Street Right of Way, as herein after described, be abandoned and vacated; and WHEREAS, the right of way extends east from the Eckley Street and Walnut Street intersection into Lot 1 R-Al in an unused state; and WHEREAS, the right of way has been incorporated into the area of Lot 1 R-Al' Block 2A by plat and 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 abandonment has been approved by public utilities; 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 1 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. APPROVED: RAP,�. 140 William D. Tate ® r im Mayor �% ®i ATTEST: Jo i 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 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 March 2013. Nola- Signature My Commission Expires: 01-14-2016 Smy ANNE BAKER Notary PublicORD. NO. 2013-09 2stateofTexas Comm.Expires 01-14-2016 IT EXHIBIT TO a . aol - LEGAL DESCRIPTION Page of A FAlIthot ertain lot, tract, or parcel of land, part of the E. Moore Survey, Abstract No. 1029, City of Grapevine, Tarrant County, Texas, being all of that certain public roadway known as the extension of Walnut Street described in a deed from Joe N. Box, Independent Executor of the Estate of D. E. Box to the Public on September 27, 1961 and recorded in Volume 3614, Page 97 of the Deed Records of Tarrant County, Texas (DRTCT ), being part of Lot IR—A I, Block 2A of Grapevine Station recorded in Document No. D211310790 of the Plat Records of Tarrant County, Texas (PRTCT ), and being more completely described as follows, to—wit : BEGINNING at a 5/8" iron rod found for the most westerly Northwest corner of said Lot IR—Al, the Northwest corner of said public roadway, the Southwest corner of a tract of land described in a deed to Stephanie L. Eichten recorded in Document No. D212150269 (DRTCT ), and being in the East right—of—way line of Eckley Street (50' R.O.W. width ) , THENCE North 89 deg. 29 min. 01 sec. East with the most westerly Northwest line of said Lot IR—AI and the South line of said Eichten tract, and the North line of said public roadway, at 89 .49 feet pass a 5/8" iron rod found for the Southeast corner of said Eichten tract and on ell corner of said Lot IR—Al, continue with the North line of said public roadway a total distance of 245 .00 feet to a point for corner for the Northeast corner of said public roadway, THENCE South 00 deg. 23 min. 02 sec. East with the East line of said public roadway, a distance of 50.00 feet to a point for corner for the Southeast corner of some, THENCE South 89 deg. 29 min. 01 sec. West with the South line of said public roadway, a distance of 245.00 feet to a 1/2" iron rod found for the Southwest corner of said public roadway, the Northeast corner of a called 8 .634 acre Tract 4 described in a deed to Magnok is Projects, Ltd. recorded in Volume 12273, Page 2112 (DRTCT ) , and in the West line of said Lot IR—Al, said point being at the intersection of the South right—of—way line of Walnut Street (50 ' R.O.W. width ) and the East right—of—way line of said Eckley Street, THENCE North 00 deg. 23 min. 02 sec. West with the West line of said public roadway, the West line of said Lot IR—AI, and the East right—of—way line of said Eckley Street, a distance of 50.00 feet to the POINT OF BEGINNING, containing 12, 250 square feet or 0.281 acres of land. O L_ a BEARINGS ARE ORIENTED TO THE MOST WESTERLY NORTH LINE W OF LOT 1R—Al, BLOCK 2A OF GRAPEVINE STATIOW RECORDED IN z DOC. NO. D211310790 (P.R.T.0.T.) o z a RIGHT-OF-WAY ABANDONMENT Q PORTION OF THE E. MOORE SURVEY, ABSTRACT NO. 102 0 CITY OF GRAPEVINE, TAR RANT COUNTY, TEXAS ;�E of tF GIST,F' Orgi1� O z Scale ; NONE Sheet :.....�.......i.. a JOHN N. ROGERS MARSHA Date : 1/17/2013 . .. ...&j72. -- _ CIVIL ENGINEERS PLANNERS--suRVEYORs Job No . 10493 9�FESS1o"'P' of 2405 Mustang Drive,Grapevine,Tx.7e051 Drafted ; J.N.R. tgHO Suavti W Metro(817)3294373 Checked : R.D.H. /-®7-01 IT 2 ExHIBIT_A_TOO10. a013-09 SKETCH Page of -"-5/8" C.I.R.F. 5/8" I.R.F. FROM WHICH 'J.B.J.R." 0 A BOLT FOUNO BEARS f S14'56'30"W - 0.70' O ti tiHN N¢QQ �u� q Pip GEC mi LOT 1R-Al, BLOCK 2A P' o GRAPEVINE STATION 2 m o S��pG G N DOC. NO. D211310790 Q P.R.T.C.T. o 3 1 U z � W ' Pomolp 5/8" I.R.F. FROM WHICH 50.00' TIEGRNNG A 1/2" I.R.F. BEARS S66`57'46"W - 0.26' 1/2" C.I.R.F. 89 49' 155.51' 3 5/8" I.R.F.;/;/;;j/,N89 '29-01 T 245.00'%' cu ' '/'% /'/;/ PUBLIC ROADWAY j /// / '/,/ m WALNUTMREETPG 97 50' R/W 0 ��/ � T Q2zO / 1/ t I.R.F. S89 °29'01"W 245.00' O-28f ACRE LOT 2A, BLOCK 2A RIC OF—WAY 63QQ�p�Q6 GRAPEVINE STATION ABANDONMENT CAB. A, SL. 11258 P.R.T.C.T. GP��O�� 1oP• 1 0 GRAPHIC SCALE 1"=50 ' BEARINGS ARE ORIENTED TO THE MOST WESTERLY NORTH LINE w OF LOT 1R-Al, BLOCK 2A OF GRAPEVINE STATION RECORDED IN p 50 100 0 DOC. NO. D211310790 (P.R.T.0.T.) o z RIGHT-OF-WAY ABANDONMENT a PORTION OF THE E. MOORE SURVEY, ABSTRACT NO. 1029 0 CITY OF GRAPEVINE, TAR RANT COUNTY,TEXAS PEE OF o O ®®� Stole 1" = 50 ' Sheet .'r. 9 JOHN N. ROGERS "' MARSH ALL Date , 1/17/2013 ss7z o CIVIL ENGINEERS-PLANNERS—SURVEYORS Job No . 10493 of 9�FESS1��Q, 2405 Mustang Drive,Grapevine,TX.76051 Drafted J.N.R. qHo SUFNI w Metro(817)329-4373 Checked : R.D.H. MARY LOUISE GARCIA 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: 6/14/2013 12:29 PM Instrument#: D213153587 OPR 5 PGS $28.00 PY" 3y: D213153587 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.