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HomeMy WebLinkAboutItem 14 - 2950 Mustang DriveMEMO TO FROM: MEETING DATE: SUBJECT: RECOMMENDATION: III At HONORABLE MAYOR AND MEMBERS OF THE CITY COUNCIL BRUNO RUMBELOW, CITY MANAGERI,,,,,. September 18, 2012 DRAINAGE EASEMENT ABANDONMENT — 2950 MUSTANG DRIVE City Council consider adopting an ordinance abandoning an 85 -foot wide drainage easement adjacent to Mustang Drive at the Lakes of Williamsburg apartments, 2950 Mustang Drive, and take any necessary action. BACKGROUND: The property owner of the apartment complex at 2950 Mustang Drive is refinancing his property. During the title review, the drainage easement has been discovered. The easement was dedicated to the City in 1992 in preparation for the construction of the Mustang Drive widening project. The easement encompassed a large surface drainage collection area that was ultimately removed when the apartment complex was constructed. The apartment complex has a building located on this easement. The easement is no longer used by the City with the drainage system installed with apartment complex development. Staff recommends approval. R:IAGENDA1 2012 109- 18- 121EasementAbandonment- Lakes of Williamsburg Memo.doc r 7 '01'--J16 S'h I law-, 'a 6:- `-q✓ v0:iT— Splpa , portimi 0'7 01' ',O-L 1, -61ock 'i The fy� of, T IZU accorc, Ills -I'VIAiG il -rds, Taw County, Texas to tll'� A'-'i thF!reof r�TmrrW ;I C-lbinet `sag,-, -i4'1' ., eco .incl beiija a portion Kthyf' co-'-mir ronve.-,;- Ito -"h,-. Lekcs R�Mharnsberg by Special VaiTs.t,L,- U(-dl re -,ordej;q Volurwl' 11610 Fubrk T rr,,m' County, 7,=-, and bearg MOX. P,frOCUTOTIV dGA-ri'L �;(' aF [6lVW5-. PPEGINNJI--'G-Ta� a point in the Noi-fh O'c7! lira: of Dfi-e (i;ai O'j-' 0,0' . "0 and tl �e 'oath line of sqid Lot 1, '11`lo- -k 1,,)6ng. Nor Lh 89 0 (4 3_5 se-7onds VVe�& a distance of 22-11 feet from a 1/21 inch iron rod s- at the Se�,,theazt Lot I and Scuth 29 de-groes 0A. minute, 75 31, ".-On'k Tt�Qs't' a of'626.C-c, fe",-e 'Tow 112 LiO iron red foiinc' chi the Southwest corner of s.vd LoL I and the Southca%' corner 6 Lot 1A Bloe 1, 13ducatim C--nter Addition No. 3, re6wded in Tnstrw'neo� No. D209306i4Q, Offirial Public Pe:ords, Tarrant Count-Y, THET-L!C.E: North 99 emr.es 04,nil,,jtes.--,5 long the line of Mustang Drive drid the South liqe of laid Lo'. 1, Book 1, a distarc-e- of U.00 feet to �y pooh for (;orner, I IHENCF: kTorth 00 Oegrcts "9 mimecf, 30 -,,Tonds &.--4 dzpardpg the Nor& line of Mjstpng T)rj7'O and file )olqh iLk'ne -af FA ! -e-;t I., We ,.k 1, -1 of 11191.98 f,,ct L--o ! -1.)nint to,- corner, TH--E,34CE.- 3 oi Lh <';9 d,• -2 -s 10 rninute3 30 s vo, d,-, .7'-) st, -1 distam,- of a.00 feet to a point for corn."U. THE1',!C'1F-- ';Guth 09 imiwnee 30 5e,;ond, --.Vesi, a distpaoe 3f 120.1 F° t to chp. PL,',CE O-F BEGIN IN G,,% uonini-ftng A<: - -w of hqo,'I. AuguA 24, 2012 J. L. L414E 'Ni.", 509 REGIST Th,- North ,RPW linf; o'!ViwA3P3 PriV- V'U plit rer-ordod' - '-jb;ntt f-, 0"' T"Tr , 7 T,,Ith FO de- r V zrt�,� G-i minvj 35 So.:_ 'Gn S "Vest ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF GRAPEVINE, TEXAS, ABANDONING AND VACATING AN 85 FOOT WIDE DRAINGE EASEMENT LOCATED ON LOT 1, BLOCK 1, THE LAKES OF WILLIAMSBURG ADDITION IN THE CITY OF GRAPEVINE, TEXAS AS HEREINAFTER DESCRIBED; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE WHEREAS, the property owner of Lot 1, Block 1, The Lakes of Williamsburg Addition located at 2950 Mustang Drive, City of Grapevine, Tarrant County, Texas has requested that an 85 foot wide drainage easement bordering the north right of way line of Mustang Drive, as herein after described, be abandoned and vacated; and WHEREAS, 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. 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 85 foot wide drainage easement located on Lot 1, Block 1, The Lakes of Williamsburg Addition recorded in Volume 10684, Page 177, DRTCT, described in Exhibit "A ", 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 18th day of September, 2012. APPROVED: ATTEST.; APPROVED AS TO FORM: State of Texas County of Tarrant Before me, Brenda Queen, Notary Public on this day personally appeared 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 18th day of September, 2012. Notary Signature My Commission Expires: 03/21/2016 ORD. NO. 2