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HomeMy WebLinkAboutORD 2019-081ORDINANCE 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. /GIJJZ�l�l�7i William b. Tate Mayor ATTEST: Tara Brooks City Secretary APPROVED AS TO FORM: �% QW City Attorney Ordinance No. 2019-081 2 Application for Abandonment of A Public Right-of-Way/Easement Address: 625 East Wall Street Legal Description: Lot 6, Block 1, Wall Street Township EXHIBIT NO. I Attached is one sealed copy of the metes and bounds description of the public right-of- way/easement situated in Lot 6, 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. D216119938, 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 (10') wide Utility Easement shown on the plat of Lot IA, Block 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 1/2" iron pin found for a northwest cornet of Lot 6, and for the southeast cornea of Lot 2A, in Block 1, and said Adams Addition; Thence S 00° 19035" 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 00°19135" E a distance of 91.98 feet along the east line of said easement; Thence S 8V4044" W a distance of 10.03 fat; Thence N 00019'26" W a distance of 91.98 feet; Thence N 89*N40" E a distance of 10.03 feet to the Point of Beginning, said described tract containing 0.02 of an acre of lam Prgmed ff m previous survey IM 7/16 Beni W based an the Taal State Plan ClDaftde SyO North Centad d Zone and were obtained by CIPS observation using the Texas Red Time Kindle Network. A draw*g should sowmpany this deaaipttom O:WIASTERSMANDON Procedure Form_2013.doc (Updated February 15, 2013) Application for Abandonment of A Public Right-of-Way/Easement Address: 625 East Wall Street Legal Description: Lot 6, Block 1, Wall Street Township 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. Lot 2A. Block 1. ADAMS ADDITION. Instrument No. 86 D210042447, RPRTCT 6' DUE — _ N 89'39'40" I 10.00 U7 711 4A IE Lot 1. Blk. 1, METRO MACHINE SHOP ADDN., Cob. A. Slide 904+6. PRTCT ' 6' DUE — — — Notes: 1. based ao fire TOW J . swe Plane cowdnals Sydsm, North car" Zorrs and were obldned by CPS ..I obwmallorw rft fire Thaws (oO TkM 101050 N"oft 2. 11kda:11-W. & Abbrevidla s: PRTCr - Phd Rs w rds, Ory I �' RPRTCT -lied Peaparty Reoorde, Tanard tCIDPOB Couft Ot 0 POW ♦+ J Bealiffte IPF m hm PIn Forerd UE - UINNY Easanwe DUE = Drshmp aid . l Ulmer Easernmt 890, 0'44" IN 110.00' 10' uE l . E. Wall Street O:WIASTERSWBANDON Procedure Form 2013.doc (Updated February 15, 2013) By: �. MARY LOUISE NICHOLSON K 1 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: 12/19/2019 8:33 AM Instrument #: D219291219 OPR 5 PGS $31.00 D219291219 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.