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HomeMy WebLinkAboutItem 09 - 2417 San Jacinto Lane TIE MEMO TO: HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL FROM: BRUNO RUMBELOW, CITY MANAGER "M MEETING DATE: MARCH 20, 2012 SUBJECT: DRAINAGE AND UTILITY EASEMENT ABANDONMENT — 2417 SAN JACINTO LANE RECOMMENDATION: City Council consider adopting an ordinance abandoning a two-foot section of a 7Y2 foot wide drainage and utility easement across the rear of the residence at 2417 San Jacinto Lane, and take any necessary action. BACKGROUND: The property owner of the residence at 2417 San Jacinto Lane has requested that the City abandon a two-foot wide section of the drainage and utility easement across the rear of his yard to relieve an encroachment of his swimming pool into the easement. The applicant has obtained approval of this request from the five public utilities and the request poses no problems for City facilities. Staff recommends approval. R:IAGENDA12012103-20-121Easement Abandonment-Austin Oaks Memo.doc u G , I m ,, -o ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING A PORTION OF A 7.5 FOOT WIDE DRAINGE AND UTILITY EASEMENT ON LOT 9, BLOCK 4, AUSTIN OAKS ADDITION IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 9, Block 4, Austin Oaks Addition located at 2417 San Jacinto Lane, Grapevine, Tarrant County, Texas has requested that a two foot wide strip of a Drainage and Utility Easement bordering the south property line 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 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. 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 two foot wide strip of a Drainage and Utility Easement located on Lot 9, Block 4, Austin Oaks Addition described 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. That 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 20th day of March, 2012. APPROVED: ATTEST' APPROVED AS TO FORM: Before me, Anne Baker, Notary Public on this day personally appeared and 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 20th day of March, 2012. Notary Signature My Commission Expires: 01/14/2016 ORD. NO. 2 Job Number 212-0518 Page 1 of 2 EXHIBIT 1 DRAINAGE &UTILITY EASEMENT ABANDONMENT EXHIBIT Being a portion of Lot 9,Block 4,of Austin Oaks,an addition to the City of Grapevine,Tarrant County,Texas, according to the plat thereof recorded in Cabinet A, Slide 408,Plat Records,Tarrant County,Texas, and being more particularly described by metes and bounds as follows: COMMENCING at a found 112-inch iron rod at the common north corner of said Lot 9 and Lot 8,said Block, said iron rod being on the south line of San Jacinto Lane(50 foot right-of-way); THENCE South 01° 08'23" West, a distance of 102.50 feet along the common line of said Lots 8 and 9 to the POINT OF BEGINNING; THENCE South 01°08'23" West,a distance of 2.00 feet along said common line to a point from which a found 1/2-iron rod at the common south corner of said Lots 8 and 9 bears South 01° 08'23"West, a distance of 5.50 feet; THENCE North 88°51'37"West,a distance of 70.00 feet to the common line of said Lot 9 and Lot 10, aforesaid Block; THENCE North 01' 09'23"East,a distance of 2.00 feet along said common line; THENCE South 88° 51' 37"East,a distance of 70.00 feet to the POINT OF BEGINNING and containing 140 square feet or 0.003 of one acre of land. �0 O F. T ....................... ROBERT T.PAUL,JR. 0 4884 v+ P,• 9 0 suR Robert T. Paul, Jr. Registered Professional Land Surveyor No. 4984 PRE= DA9LWla)?SrEWwW0RympW' INC PAGE 2 OF 2 FE 4525 OVER DR. MESQUITE. 7X 75149 PH. 877.501.7072 FX 1.808.438.1273 O LOT 3 LOT 2 LOT 1, found I/ I iron rod wood Fence O.E. N 51 37 5 01' " 23" It Ml 2311 E 2.00' 2.W 85 1 3711 E 70. ............................. (per plat) -LOT 5 o LOT q LOT 10 BLOCK 4 Ul r lir,?F ..........................................................1.11,11,111,11,------------ fund found 5/81, found 112" found 1/2" found 1/2' iron rod A iron rod iron rod rod L 4, 141TW 5 88' 151' 37" E iron rod NOTES: CM - CONTROLLING MONUMENT. THIS SURVEY 15 VALID ONLY WITH ORIGINAL SIGNATURE IN BLACK W N,,� BEARINGS ARE BASED ON PLAT RECORDED IN CAB. A, SLIDE 408, F F I C,F DA 03/01/12 V.F.Lrk g, DATE FIELD: J014 NO 2�1 T-0618 EXHIBIT 2 DRAINAGE t UTILITY ..... .. .. . . ... EASEMENT 4984.. • ROBERr.T...PMJL, A... ....... . .. .•.. ABANDONMENT EXHIBIT D