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HomeMy WebLinkAboutItem 15 - Utility Easement AbandonmentMEMOTO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER MEETING DATE: DECEMBER 17, 2019 SUBJECT: APPROVAL TO ABANDON A 10-FOOT WIDE UTILITY EASEMENT AT 625 EAST WALL STREET RECOMMENDATION: City Council to consider adopting an ordinance abandoning a 10-foot wide utility easement on Lot 6, Block 1, Wall Street Township located at 625 East Wall Street. FUNDING SOURCE: BACKGROUND: The property owner located at 625 East Wall Street has requested the City to abandon a 10-foot wide utility easement that was never occupied. The utility easement was originally dedicated from the Adams Addition plat in January 2015. Staff recommends approval. ORDINANCE NO. 2019-081 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A 10- FOOT WIDE UTILITY EASEMENT LOCATED ON LOT 6, BLOCK 1, WALL STREET TOWNSHIP TO THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED WHEREAS, the property owner of Lot 6, Block 1, Wall Street Township located at 625 East Wall Street, City of Grapevine, Tarrant County, Texas has requested that a 10- foot wide utility easement of said lot, as herein after described, be abandoned and vacated; and WHEREAS, this easement was originally dedicated to the City as a 10-foot wide utility easement on the plat of Lot 1, Block 1, Adams Addition according to Instrument #D210042447; and WHEREAS, the applicant has received signatures from all public franchise utility companies and 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 ordinance have been met, including but not limited to the Open Meetings Act and Chapter 211 of the Local Government Code; 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 ORDAINED 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 0.02 acres utility easement located on Lot 6, Block 1, Wall Street Township as show 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 17th day of December, 2019. APPROVED: William D. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: City Attorney Ordinance No. 2019-081 2 Application for Abandonment of A Public Right-of-Way/Easement Address. 525 East Wall Street Legal Description: Lot 5, Block 1, Wall Street Townshi EXHIBIT No. I Attached is one sealed copy of the metes and bounds description of the public right-of- way/easement situated in Lot 5, Block 1, Wall Street Township Addition/Subdivision to the city of Grapevine, Tarrant county, Texas, sought to be abandoned. Description for a -portion of Lot 6, Block 1, WALL STREET TOWNSHIP, an addition to the City of Grapevine, Tarrant County, Texas, according to Instrument No. D216 119935, Real Property Records, Tarrant County, Texas, and being a ten feet (10') wide Utility Easement shown on said plat and also being a portion of a ten feet 1 ' wide Utility Easement shown on the plat of Lot 1 A, Bloch 1, ADAMS ADDITION, an addition to the City of Grapevine, Tarrant County, Texas, according to Instrument No. D21502247, Real Property Records, Tarrant County, Texas, and being described by metes and bounds as -follows: Commencing at a 112" iron pin found for a northwest corner of Lot 6, and for the southeast corner of Lot 2A, in Bloch 1, and said Adams Addition; Thence S 00' 19'35" E a distance of 6.00 feet along the east line of said 10' Utility Easement to the Point of Beginning of the tract herein described. Thence S 00019'35" E a distance of 91.98 feet along the east line of said easement; Thence S 89'40'44" W a distance of 10.03 feet; Thence N 00' 19'26" W a distance of 91.95 feet; Thence N 89a39'40" E a distance of 10.03 feet to the Point of Beginning, said described tract containing 0.02 of an acre of land. aim Prepared from previous survey 10/17/16 Bearings based on the Texas Mate Plane Coordinate System, North Central Zone and were obtained by GPS observations using the Texas Real Time Kinetic Network. A drawing should accompany this description. 0:WASTERSIABANDON Procedure Form_2013.doc (Updated February 15, 3 F t t t t r .4'Mu M R,44-61 r IrA,44:4T nil -1-1 owiff-ide I, Address: 625 East Wall Street Legal Description: Lot 6, Block 1, Wall Street Town,�� Attached is one copy of a plat or detailed sketch of the public rig ht-of-wayleasernent 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 rig ht-of-way/easement sought to be vacated is situated, and the addition or subdivision in which the portion of the public rig ht-of-way/easeme nt sought to be abandoned is situated. Lotl, Blk. 1. METRO MACHINE SHOP ADDN., Cob. A. Slide 9046, Lot 2A. Block 1. U. PRTCT ADAMS ADDITION, 60 DUE instrument No. Cq D210042447, RPRTCT Notesm- . 6" DUE State Plane Coordinate & 4e 0YOWHIP ~1111 %0=1"1 &AKIO and were obtallned by GPS N 89r39 "40 "1 T_ observadons using the Texas 10.008' Real 7kne lKinatic Network. 78 56, o Cb 2. Scaleas 1 W. 0D Po 3. Abbreviations: PRTC`T = Plat Recordso Cho fib <) Tormt County. Texas a 0 RPRTCT - Real Property Reccwds, Tarrant 00 County, Texas POB = Point Of Ln BeginvilIng 0 IPF Imn Pin Found UE Utility Easement DUE = Drainage and WRY Easement Bit to a it S 89'040'44 W 10.00 10" UE WAN* E. Wall Street z 0WASTERSMANDON Procedure Form-2013.doc (Updated February 15, 2013) pr 1613� 617 r 6 ", 02 1 4 � 11 Pow t0.i fly: s. • 629 703 621 625 � 1�lA� �*try ♦ T .:u;• _ ' 0 G26