HomeMy WebLinkAbout76-387 04-13-1976RESOLUTION NO. 387
WHEREAS, Harry B. Hunsicker and A. H. Peterson, joined by
American Savings Association (now Equitable Savings Association)
did on April 30, 1973, by instrument recorded in Volume 5444, Page
66, Deed Records of Tarrant County, Texas, grant and convey a non-
exclusive easement (the "Existing Easement ") for ingress, egress
and vehicular traffic, on, over and across the property described
as Tract Two in Exhibit "A," which is attached hereto and made a
part hereof by this reference. (said Tract Two now being a part of
Tract 3 -R -1, Westpark Central Addition to the City of Euless, Texas,
according to the plat recorded in Volume 388 -101, Page 42, Plat
Records of Tarrant County, Texas), said easement being for the bene-
fit of property which is now a part of Tract 4 -A -R in said Westpark
Central Addition to the City of Euless, Texas, as recorded in
Volume 388 -88, Page 48, Deed Records of Tarrant County, Texas, and
WHEREAS, by recording such plat above -noted following compli-
ance with the subdivision rules and regulations of the City of
Euless, there has arisen a question as to whether such nonexclusive
easement was thereby dedicated to the public, and
WHEREAS, it was not the intention of such owner to dedicate
such easement to the public nor the intention of the City of Euless
to accept same as an easement dedicated to the public, and
WHEREAS, by instrument dated the 29th day of March, 1976, the
then owner of said tract, above- named, IDS Realty Trust, the now
owner of said tract, and First National Bank of Euless and Equit-
able Savings Association, mortgage lien holders with respect to
such tract, have evidenced their intention and agreement to the
abandonment of such easement, which instrument is attached hereto
as Exhibit "B," and
WHEREAS, it is the desire of the City Council of the City of
Euless, Texas, by this Resolution, to likewise evidence the aban-
donment by said City and the public in and to the easement
described in Exhibit "A."
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF EULESS, TEXAS, in regular meeting duly assembled, that
that certain easement described in Exhibit "A" hereto be and the
same is hereby abandoned by the City of Euless and the said City
does by this Resolution forever disclaim, release and abandon any
and all rights of said City and its citizenry in and to such ease-
ment.
ADOPTED, this 13th day of April, 1976.
APPROVED:
Mayor
ATTEST:
City Secretary
TRACT II
•
fOCETIER with easecent. dated A;iri1 30, 197 :•, executed by Harry 13. Hunsicker and A.H. Peter
-nd American Savings Association, now of record in Volume 5444,' Page 66, Deed Records of
Tarrant County, Texas, for ingress, egress, and vehicular traffic, in over and across preni
described as follows; •
• A11 that certain tract or parcel of land being a thirty -foot ingress and egress easement
situated in the T. A. Cash Survey, A -280, Tarrant County, Texas, and being more particular)
described as follows:
nEcIN= about: South a distance of 103.79 feet, West n distance of .253.2 feet, South 0° 41
40" East a distance of 461.3 feet, and North 89° 60' Wert 4 distance of 316.45 feet from tti
Northeast •corner of said T. A. Cash Survey and also being :IOrth.0° 41' 40" West a distanc_.
735.23 feet and N 89°.60% West a distance of 316.45'feet from the Southeast corner of a
10.78 acre tract as recorded in Page 183, of Volume 3857 in the Tarrant. County Deed Records
THENCE South 89° 60' West a distance of 2.20.27 feet to the East; line of Westpark Way and
being on a circular curve having a radius of 692.24 feet.;
THENCE Northerly along the East line of said Westpark Way and along said circular curve a
distance of 30.86 feet;
THENCE North 89° 60' East a distance of 213.03 feet;
THENCE South 0° 00' West a distance of 30.0 fret to t?1.AC OF 13£r,I►�ir'IidG.
Subject to restrictions•contained in Volume 4663, Puge•427 of Deed Records of
Tarrant County, Texas, and subject to easement and right of way granted to Texa
Power & Light Company dated 10/31/66, filed 8/28/67, _.in Volume -4450, Page 123 0
Deed Records of Tarrant County, Texas, and subject. Lo ten foot easement along
North side of the first referred to tract above granted to the City of Euless,
Texas pursuant to instrument dated 3/21/73, filed 6/20/73 in Volume 5473, Page
751, Deed Records of Tarrant County, Texas i and 10 ft. utility easement along entire,
East aide, as shown on recorded plat.
EXHIBIT "A"
THE STATE OF TEXAS )
COUNTY OF TARRANT• )
THAT, WHEREAS, HARRY B. HUNSICKER and A. H. PETERSON,
joined by American Savings Association (now Equitable Savings
Association) did on April 30, 1973 by instrument recorded
in Volume 5444, Page 66, Deed Records of Tarrant County, Texas,
grant and convey a non - exclusive easement (the "Existing
Easement ") for ingress, egress, and vehicular traffic, on,
over and across the property described as Tract Two in Exhibit
A which is attached hereto and made a part hereof by this
reference (said Tract Two now being a part of Tract 3 -R -1,
Westpark Central Addition to the City of Euless, Texas, ac-
cording to the plat recorded in Volume 388 -101, Page 42, Plat
Records of Tarrant County, Texas), said easement being for
the benefit of property which is now a part of Tract 4 -A -R
in said Westpark Central addition to the City of Euless, Texas
as recorded in Volume 388 -88, Page •48, Deed Records of Tarrant
County, Texas; and
WHEREAS, IDS Realty Trust ( "IDSRT ") is the owner of
said Tract 4 -A -R and desires to release its rights in and
to said easement, in consideration of the grant of even date
herewith of a new easement for ingress, egress, vehicular
and sanitary sewer purposes between Tract 4 -A -R and Westpark
Way; and
WHEREAS, First National Bank of Euless holds a lien
covering portions of said Tract 3 -R -1, and Equitable Savings
Association (formerly American Savings Association) desires
to join herein to evidence its release of its rights in and
to said easement;
NOW, THEREFORE, in consideration of the foregoing and
for other good and valuable consideration, the receipt and
sufficiency of which is hereby acknowledged, IDSRT, Harry B.
Hunsicker, A. H. Peterson, First National Bank of Euless and
Equitable Savings Association, for themselves and their respec-
tive heirs, personal representatives, successors and assigns,
do hereby forever release and abandon all of their rights
in and to the Existing Easement.
EXHIBIT "B"
Reference is hereby made to the Declaration of Trust
(the "Declaration ") dated December 7, 1971, a copy of which,
together with all amendments thereto, is on file in the office
of the Secretary of the Commonwealth of Massachusetts. The
name "IDS Realty Trust" refers to the trustees under the
Declaration in their capacity as trustees and not individually
or personally; and no trustee, shareholder, officer, employee
or agent of IDS Realty Trust shall be held to any personal
liability hereunder, nor shall resort be had to their private
property for the satisfaction of any claim hereunder or in
connection with the affairs of IDS Realty Trust, but the trust
property only shall be liable. �/j
EXECUTED this day of /�//10'Q # , 1976.
IDS REALTY TRUST
By.
As Trus ee o ealty
Tr st but no other se.
Harry B/ unsicker
FIRST NATIONAL BANK OF EULESS
By: '11V . °
V
EQUITABLE SAVINGS ASSOCIATION
By:Ale;r4FIrof#4.._
THE STATE OF MINNESOTA
)
)
COUNTY OF HENNEPIN )
BEFORE ME, the undersigned, a Notary Public, in and
for said County and State, on this day personally appeared
1/j/ 1- MO-1--/A/ a Trustee of IDS Realty Trust,
a Massachusetts Business Trust, known to me to be the person
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same for the purposes
and consideration therein expressed, as the act and deed of
said Trust and in the capacity therein stated. c�
GIVEN U D R MY-IAND AND SEAL OF OFFICE, This the Z /
day of j� 47,e_ ,V , A.D. 1976.
(
THE STATE OF TEXAS )
)
COUNTY OF DALLAS. )
N ,6tary Public, Hennepin
County, Minnesota
�.. JAMES H. COLLINS
!! NOTARY PUBLIC • MINNESOTA
HENNEPIN COUNTY
My Commission Expires Sept. 24, 1978
BEFORE ME, the undersigned, a Notary Public in and
for said County and State, on this day personally appeared
HARRY B. HUNSICKER, known to me to be the person whose name
is subscribed to the foregoing instrument, and acknowledged
to me that he executed the same for the purposes and consider-
ation therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this the 2416) day
of Apr, / , 1976.
Notary Public in aid for
Dallas County, Texas
THE STATE OF TEXAS )
)
COUNTY OF DALLAS )
BEFORE ME, the undersigned, a Notary Public in and
for said County and State, on this day personally appeared
A. H. PETERSON, known to me to be the person whose name is
subscribed to the foregoing instrument, and acknowledged to
me that he executed the same for the purposes and considera-
tion therein expressed.
EN u7 pit MY HAND AND SEAL OF OFFICE this the % day
of
GIVEN , 1976.
411t4tAel
Notary Public in and for
Dallas County, Texas
THE STATE FO TEXAS )
COUNTY OF -S
BEFORE ME, the unde i ed authority, on this day
.personally appeared \j..1, cL0A , mice. President
and Trust Officer of FIRST NATIONAL BANK OF EULESS, a national
banking association, known to me to be the person and officer
whose name is subscribed to the foregoing instrument, and
acknowledged to me that he executed the same as the act and
deed of such Bank for the purposes and consideration therein
expressed, and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this it day
of �� , \ , 1976.
Notary Public in and for
tOdisims County, Texas
7—
THE STATE OF TEXAS )
COUNTY OF DAB
BEFORE ME, the undersigned, a Notary Public, in and
for said County and State, on this day personally appeared
,n , President of EQUITABLE
SAVINGS ASSOCIATION, a corporation, known to me to be the
person whose name is subscribed to the foregoing instrument,
and acknowledged tome that he executed the same for the
purposes and consideration therein expressed, as the act and
deed of said corporation and in the capacity therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 2 ,..j day
of OI 1 , 1976.
Notary Public, in and for
Dallas County, Texas
t'r'y /"\
'TRACT II
I'OCETlt R with e.ascr,ent. dated April 30, 197 executed by Harry B. llunsicker and A. I1. Pester:
-end ,t,erican Savings Association, now of record in Volume 5444, Page 66, Decd Records of
!"arrant County, Texas, for ingress, egress, and vehicular traffic, in over and across preair
described as follows;
All that certain tract or parcel of land being a thirty -foot ingress and egress easement
situated in the T. A. Cash Survey, A -280, Tarrant County, Texas, and being more particularl;
described as folio : :s:
ftGI`: : :I; :G about: South a di :tan_e of 103.79 feet, r;cst a distance of 253.2 feet, South 0° 41'
40" East a distance of 461.3 feet, and forth S9° 60' : :'ant a distance of 316.65 feet from tin
t:ortheast ' corner of said T. A. Cash Survey and also being North 0° 61' 40" West a distance:
735.23 feet and N S9° .60'. West a distance of 316.65'fect_ from the Southeast corner of a
10.78 acre tract as recorded in Page 183, of Volume 3857 in the Tarrant County Deed Records;
THC :CE South 89° 60' Uest a distance of 220.27 feet to the East line of Westpark Clay and
being on a circular curve having a radius of 692.24 feet;
T}lE` :CE northerly along the East line of said Uestpark Way and along said circular curve a
distance of 30.88 feet;
THEYCE North 89° 60' Fast a distance of 2.13.03 feet;
THENCE South 0° 00' (lest a distance of 30.0 feet to PLACE OF BEGINNING.
`subject to restr.icti_ons• contained in Volume 4663, Page 427 of Deed Records of
Tarrant County, Texas, and subject: to easement and r:ictht of way granted to Texa:
Power & Light Company dated 10 /31/66, filed 8/28/67, in Volume- 4450, Page 123 of
Deed Records of. Tarrant County, Texas, and subject to ten foot easement along
North side of the first referred to tract above granted to the City of Euless,
Texas pursuant to instrument dated 3/2.1/73, filed 6/20/73 in Volume 5473, Page
751, Deed Records of Tarrant County, Texas i and 10 ft. utility easement along entire.
East side, as shorn on recorded plat.
EXHIBIT " A " .
'f,