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HomeMy WebLinkAbout2254 08-24-2020ORDINANCE NO. 2254 AN ORDINANCE VACATING AND ABANDONING A PORTION OF PUBLIC RIGHT OF WAY ON EAST ASH LANE AT THE NORTHWEST CORNER OF EAST ASH LANE AND HOPE DRIVE ENCAPSULATING APPROXIMATELY 0.02 ACRES, IN THE CITY OF EULESS, TARRANT COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE, WHEREAS, Section 4 of the Euless Home Rule Charter "Streets and Public Property" establishes that the City shall have the power to establish, maintain, improve, alter, abandon, or vacate public streets, sidewalks, alleys, highways, public squares and public ways within the corporate limits of the City; and WHEREAS, the property at 201 East Ash Lane is the location of Fire Station #1 in the City of Euless; and WHEREAS, the City of Euless intends to redevelop Fire Station #1 and intends to abandon a portion of East Ash Lane at the northwest corner with Hope Drive encapsulating approximately 0.02 acres in order to facilitate development and construction of the Fire Station #1 project; and WHEREAS, the City Council hereby finds that it would be in the best interests of the city, generally, to abandon this portion of the East Ash Lane right of way; and WHEREAS, the City Council further finds that the following ordinance provisions promote the health, safety, and general welfare of the citizens of Euless. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. The portion of East Ash Lane at the northwest corner with Hope Drive encapsulating approximately 0.02 acres out of the Ben F. Crowley Survey, Abstract No. 320, in the City of Euless, Tarrant County, Texas, being more particularly described in Exhibit A and Exhibit B, attached hereto and incorporated herein for all intents and purposes, is hereby officially vacated and abandoned as street right of way. SECTION 2. The City Council hereby finds that this ordinance is in the interest of the City of Euless, generally. SECTION 3. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase,clause,sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases,clauses, sentences,paragraphs,or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase. SECTION 4. EFFECTIVE DATE.This ordinance shall be in full force and effect from and after its passage,as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on AugUst 24,2020,by a vote of 7 ayes, 0 nays, and o abstentions. APPROVED: i4 aid Crin-,A3,a Martm, Mayo ATTEST , 5 ) : i utter,TRMC,CMC, City Secretary ARPROVEO AS TO FORM: Wayne K. Olson, CitiAttorney Ordinance No.2254 Page 2 of 4 BEING a 0.0200 acre tract of land located in the Ben F. Crowley Survey, Abstract Number 320, City of Euless, Tarrant County, Texas, said 0.0200 acre tract being a portion of a called 0.537 acre tract of land conveyed to the CITY OF EULESS, by deed thereof filed for record in Instrument Number D216009921, Official Public Records, Tarrant County, Texas (O.P.R.T.C.T.), said 0.0200 acre tract being more particularly described by the metes and bounds as follows: BEGINNING at an X-cut found at the southeast property corner of the said 0.537 acre tract, said beginning point being on the west right-way-line of Hope Drive, being a 50 feet wide public right-of-way dedicated to the City of Euless by plat of Ashlyn Estates thereof filed for record in Instrument Number D219237141, O.P.R.T.C.T.), said beginning point also having a NAD83 Texas North Central Zone (4202) grid coordinate of N: 6,998,434.13 and E: 2,404,559.75; THENCE South 01°43'03" East, along the west right-of-way line of Hope Drive, 6.46 feet to the north line of E. Ash Lane, being a 60' wide right-of-way at this point dedicated in part to the City of Euless by said plat of Ashlyn Estates; THENCE South 89°43'29" West, along the north right-of-way line of said E. Ash Lane, 137.58 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" found at the southeast lot corner of Lot 6, Block 1, Oakwood Acres Estates, being an Addition to the City of Euless, Tarrant County, Texas, according to the plat thereof filed for record in Volume 388-112, Page 95, O.P.R.T.C.T.; THENCE North 02°31'08" West, along the east lot line of said Lot 6, 6.20 feet to a 5/8 inch iron rod with a cap stamped "SPOONER 5922" found at the southwest property corner of the said 0.537 acre tract; THENCE North 89°36'58" East, along the south property line of the said 0.537 acre tract, 137.66 feet to the POINT OF BEGINNING. The herein above described tract of land contains a computed area of 0.0200 acres (870 square feet) of land, more or less. The bearings recited herein above are based on a local coordinate system based on NAD83 Texas North Central Zone 4202, derived from GPS RTK observations using the North Texas VRS Network (maintained by Allterra Central, Inc.) I Eric S. Spooner, a Registered Professional Land Surveyor in the State of Texas, do hereby state that the foregoing description accurately sets out the metes and bounds description of the easement tract described herein. Eric S. Spooner, RPLS Spooner & Associates, Inc. Texas Registration No. 5922 TBPLS Firm No. 10054900 Exhibit "A" ~ Public R.O.W. Abandonment ~ City of Euless ~ Page 1 of 2 Spooner & Associates, Inc., 309 Byers Street, Suite 100, Euless, Texas 76039 - PH. 817-685-8448 - espooner@spoonersurveyors.com - S&A 20019 EXHIBIT “A” PUBLIC RIGHT-OF-WAY ABANDONMENT BEN F. CROWLEY SURVEY, ABSTRACT NUMBER 320 CITY OF EULESS, TARRANT COUNTY, TEXAS PRELIMINARY This document shall not be recorded for any purpose and shall not be used or viewed or relied upon as a final survey document. 7/10/2020 10:49 AM WGGMKWWSVXNG NG NG NG NGNGFOFOFONGNGNGNGNGNGNGNGNGNGNPSHCS STSSSSSSSSSSSSSSSSSSSSSSSSSSSSS SSSSSS SSSSSSSS60.0'50.0'L1L2S89°43'29"W ~ 137.58'N89°36'58"E ~ 137.66'SV60'OVER 25 YEARS OF SERVICESPOONERASSOCIATES&REGISTERED PROFESSIONAL LAND SURVEYORSDRAWN BY: R. OSMENTCHECKED BY: E. SPOONEREXH "A" ~ ROW ABAN. ~ CITY OF EULESS ~ PG. 2 OF 2309 BYERS STREET, SUITE 100, EULESS, TEXAS 76039(817) 685-8448 WWW.SPOONERSURVEYORS.COMTBPLS FIRM NO. 10054900THE BEARINGS SHOWN HEREON ARE BASED ON A LOCALCOORDINATE SYSTEM BASED ON NAD83, TEXAS NORTH CENTRALZONE 4202, DERIVED FROM GPS RTK OBSERVATIONS USING THENORTH TEXAS VRS NETWORK (ALLTERRA CENTRAL, INC.)PROPERTY: CALLED: 0.537 ACRES, CITY OF EULESS, INS. NO. D216009921, O.P.R.T.C.T.20019 EXH A ROW ABAN.dwgMAP OF EXHIBIT "A"SEE ATTACHED METES & BOUNDSDESCRIPTION ON PAGE 1 HEREINCIRF0'30'15'1" = 30'GRAPHIC SCALE IN FEETN: 6,998,434.13E: 2,404,559.75(NAD83 ~ GRID)%EN ). &R2:LEY 68R9EYA%6TRA&T N2. 20POINT OFBEGINNINGEXHIBIT "A" ~ PUBLICRIGHT-OF-WAY ABANDONMENT0.0200 ACRES (870 S.F.)HOPE DRIVE (50' WIDE PUBLIC RIGHT-OF-WAY)CALLED: 0.537 ACRESCITY OF EULESSINS. NO. D216009921,O.P.R.T.C.T.PLPUBLIC R.O.W. ABANDONMENTEXHIBIT “A”PUBLIC RIGHT-OF-WAY ABANDONMENTBEN F. CROWLEY SURVEY, ABSTRACT NUMBER 320CITY OF EULESS, TARRANT COUNTY, TEXASPRELIMINARYThis document shall notbe recorded for anypurpose and shall notbe used or viewed orrelied upon as a finalsurvey document.7/10/2020 10:49 AMCONC WALKCONC WALK8" WTR8" WTR 8" PVC6" PVC UNK S I Z E 6" PVC8" PVC 4" PVC4" PVCGATEMOTORSGATE TRACKCONCRETEPARKING STOP(TYPICAL)ELEC VAULTBRICK WALL CONC WALKLINE TABLENO.L1L2DIRECTIONS01°43'03"EN02°31'08"WDIST.6.46'6.20'E. ASH LANE(VARIABLE WIDTH PUBLIC RIGHT-OF-WAY)LOT 1, BLOCK BASHLYN ESTATESINS. NO D219237141,O.P.R.T.C.T.LOT 2, BLOCK BASHLYN ESTATESINS. NO D219237141,O.P.R.T.C.T.LOT 6, BLOCK 1OAKWOOD ACRES ESTATESVOLUME 388-112,PAGE 95,O.P.R.T.C.T.TREEHEDGES ATMOS GAS LINENO PARKING SIGNSTOP SIGNNPSSTSX-CUT FOUNDXCFLEGENDCIRS5/8" IRON ROD WITH CAPSTAMPED "SPOONER 5922"O.P.R.T.C.T.OFFICIAL PUBLIC RECORDSTARRANT COUNTY, TEXASCIRFXCFHANDICAP PARKING SIGNHCSINS. NO. D219237141, O.P.R.T.C.T.INS. NO. D219237141, O.P.R.T.C.T.RIGHT-OF-WAY LINER.O.W.PROPERTY LINEPLWOOD FENCECONC WALKSTORMSEWERWATEREX. 10' UTILITY EASEMENTVOL. 388-112, PG. 95,P.R.T.C.T.EX. 30' RIGHT-OF-WAYEASEMENT AGREEMENTTO CITY OF EULESSVOL. 6299, PG. 971,D.R.T.C.T.EX. 10' SANITARYSEWER EASEMENTTO CITY OF EULESSVOL. 6288, PG. 376,D.R.T.C.T.R.O.W. R.O.W.R.O.W.R.O.W.R.O.W.CIRS& CIRF H E C I T Y O F EULESS THE STATE OF TEXAS COUNTY OF TARRANT CERTIFICATION I, KIM SUTTER, City Secretary for the City of Euless, a municipal corporation, Tarrant County, Texas, in the performance of the functions of my office, do hereby certify that the attached documents are a true and exact copy of Ordinance No. 2254, vacating and abandoning a portion of public right of way on East Ash Lane at the Northwest corner of East Ash Lane and Hope Drive encapsulating approximately 0.02 acres, as the same appears of record in the City Secretary's office, and that I am the lawful possessor and have legal custody of said record. WITNESS MY HAND AND SEAL OF SAID CITY on this 5th day of October, 2020. a ` G�• P = k Ki Sutter, TRMC _A: :, C ty Secretary 201 N.Ector Drive,Euless,Texas 76039-3595 817/685-1400 •Metro 817/267-4403 •Fax 817/685-1416 www.ci.euless.tx.us MARYLOU!SEN|CHOLS[)N COUNTY CLERK 100VVeu Weatherford Fort Worth, TX 76186{401 -~-' PHONE (817) O84-11S5 CITY (]FEULESS � 201 N ECT[}R [}R / EULESS. TX78039 | Submittor CITY OFEULE8S DO NOT-DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 10/8/202011:41AM Instrument# D22025920 OPR O PG5 $35.00 By: � D22O25Q2UO ANY PROVISION WHICH RESTRICTS THE 8ALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW,