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HomeMy WebLinkAbout2419 02-11-2025ORDINANCE NO. 2419 AN ORDINANCE VACATING AND ABANDONING A PORTION OF PILOT HILL DRIVE IN THE CITY OF EULESS, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS NOT NECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF EULESS TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THIS RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas (the "City"), is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Euless, after careful study and consideration, has determined that 0.009 acres (375 sq. ft.) of right-of-way for Pilot Hill Drive, as more particularly described and depicted on the attached Exhibit "A", is not being used by, nor useful or convenient to the public in general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better served and benefitted by its vacation and abandonment; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way to be vacated and abandoned, the City desires to execute a Quitclaim Deed releasing all title, ownership and control in said right-of-way to the owner or owners of the abutting property. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY, OF EULESS, TEXAS, THAT: SECTION 1. The portion of Pilot Hill Drive described and depicted in Exhibit "A," attached hereto, is vacated and abandoned as public property. The right-of-way so vacated and abandoned shall revert in fee simple to the owner or owners of the abutting properties. SECTION 2. The Mayor of the City is hereby authorized and directed to execute a Quitclaim Deed to the abutting property owner or owners in the form shown in Exhibit "B" releasing all claims to title, ownership, or control of the right-of-way on behalf of the City. A copy of this Quitclaim Deed shall be presented for filing with the County Clerk of Tarrant County, Texas by the office of the City Secretary. SECTION 3. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections 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, and 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, clause, sentence, paragraph, or section. 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 February 11, 2025, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Lida Martin, Mayor ATTEST: a 41K<iS�utter, ";-lfM, CMC City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Ljfc '.�, Wayne K. Olson, City Attorney Ordinance No. 2419, Page 2 of 7 E EXHIBIT "A" LEGAL DESCRIPTION BEING, all of that 0.009 acre (375 square foot) tract of land situated In the Adam Bradford Survey, Abstract No. 152, in the City of Euless, Tarrant County, Texas; being part of Right-of-way dedicated by the plat of Preserve at Bear Creek Phase One, an addition to the City of Euless as recorded in Instrument Number D216176144 of the Official Public Records of Tarrant County, Texas; said 0.009 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING, at a 1/2-Inch Iron rod with "DAA" cap found for corner at the south of said Preserve at Bear Creek Phase One; said point being a north line of that tract of land described as Tract 2 in Special Warranty Deed to MM Euless 66, LLC as recorded in Instrument No. D220346836 of said Official Public Records; THENCE, North 42 degrees 50 minutes 44 seconds West, with the south of said Preserve at Bear Creek Phase One and the north line of said Tract 2, a distance of 34.89 feet to a 1/2-inch Iron rod with "DAA" cap found for corner; THENCE, South 88 degrees 50 minutes 52 seconds East, departing the south of said Preserve at Bear Creek Phase One and the north line of said Tract 2, LLC tract, a distance of 19.48 feet to a point for corner; THENCE, South 42 degrees 41 minutes 37 seconds East, a distance of 13.87 feet to the beginning of a non -tangent curve to the left; THENCE, in a southwesterly direction, along said curve to the left, an are length of 15.11 feet, having a radius of 625.80 feet, a central angle of 01 degrees 23 minutes 01 seconds, and a chord which bears South 02 degrees 19 minutes 50 seconds West, 15.11 feet to a point for corner In the south line of said Preserve at Bear Creek Phase One and the north line of said Tract 2; THENCE, North 88 degrees 44 minutes 11 seconds West, with the south line of said Preserve at Bear Creek Phase One and the north line of said Tract 2, a distance of 4.54 feet to the POINT OF BEGINNING and containing an area of 0.009 acres or 375 square feet of land, more or less. NOTES: A survey plat of even survey date accompanies this legal description. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010,00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. January 08, 2025 Rene Silvas RPLS No. 5921 BGE, Inc. � = 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel:817-887-6130 - www.bgeine.com TBPELS Registration No. 10106500 Copydghl2025 EOF 06iN.***of*** REND SILVAS ............... .,o 5921 UR RIGHT-OF-WAY ABANDONMENT BEING SITUATED IN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152 CITY OF EULESS, TARRANT COUNTY, TEXAS DECEMBER 2024 SHEET 1 OF 2 Ordinance No. 2419, Page 3 of 7 a� E M M M 0o 0 0 L6 0 N EXHIBIT "A" LOT 1, BLOCK A / PRESERVEPHASE ONE CREEK O 0 20 40 (INST. NO. 216176144) Az 3 ^`O� O.P.R.T.C.T. /.� p' co V SCALE: 1 40 ---------i-------><— NQ� .— — — — — — — — — — — — — �Q'(0 ARCO PIPE LINE '� Z COMPANY EASEMENT_ V (VOL. 9117, PG. 378) D.R.T.C.T. PILOT HILL DRIVE (60' R.O.W.) RIGHT—OF—WAY LIT (INST. NO. 216176144) ABANDONMENT ozd O.P.R.T.C.T. rn nnQ ACRES 1/2-INCH IRON ROD W/ "DAA" CAP FOUND ONCOR ELECTRIC DELIVERY COMPANY LLC EASEMENT (INST. NO. 0215014634) P.R.T.C.T. INUMBER I L1 IL2 L3 L4 (NUMBER C1 (375 SQ. FT. U 1/2-INCH IRON ROD W/ "DAA" CAP FOUND LINE TABLE BEARING DISTANCE MM EULESS 66, LLC (TRACT 2) N 42'50'44" W 34.89' (INST. NO D220346836) S 88'50'52" E 19.48' O.P.R.T.C.T. S 42'41'37" E 13.87' N 88'44'11" W 4.54' CURVE TABLE DELTA RADIUS CHORD CHORD ARC BEARING I DISTANCE I LENGTH 1-23-01" 625.80' S 02" 9'50" W 15.11' 15.11, NOTES: A legal description of even survey date accompanies this survey plat. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values In U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. BGE, Inc. 777 Main Street; Suite 1900, Fort Worth, TX 76102 Tel:817-887-6130 - www.bgeinc.com TBPELS Registration No.10106500 Copyright 2025 Ordinance No. 2419, Page 4 of 7 d` Ab5tf apt 1/2-INCH IRON ROD W/ "DAA" CAP FOUND JN ROD W/ "DAA" CAP FOUND LEGEND Cl MONUMENT OF RECORD DIGNITY P.O.B. POINT OF BEGINNING INST. NO. INSTRUMENT NUMBER VOL. VOLUME PG. PAGE D.R.T.C.T. DEED RECORDS OF TARRANT COUNTY, TEXAS O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS BOUNDARY LINE -- — — PROPERTY LINE — — — — — — — EXISTING EASEMENT LINE RIGHT-OF-WAY ABANDONMENT BEING SITUATED IN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152 CITY OF EULESS, TARRANT COUNTY, TEXAS DECEMBER 2024 SHEET 2 OF 2 EXHIBIT "B" QUITCLAIM DEED STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § For and in consideration of the sum of Ten Dollars ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in accordance with Ordinance No. 2419, the City of Euless ("Grantor"), does hereby bargain, sell, release, vacate, abandon, and forever quitclaim unto MM Euless 66, LLC, and any and all of its heirs, legal representatives, or assigns, all of Grantor's right, title, and interest in and to the following described property in Tarrant County, Texas: The approximate 0.009 acres (375 sq. ft.) of right-of-way for Pilot Hill Drive, as more particularly described and depicted on the attached Exhibit "A." TO HAVE AND TO HOLD all of Grantor's right, title, and interest in and to the above described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives, or assigns shall have, claim, or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this 11th day of February, 2025. GRANTOR: CITY OF EULESS, TEXAS IN STATE OF TEXAS § COUNTY OF TARRANT § Linda Martin, Mayor This instrument was acknowledged before me on the 11 th day of February, 2025, by Linda Martin, Mayor of the City of Euless, Texas, a municipality, on behalf of said municipality. Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: Ordinance No. 2419, Page 5 of 7 a� 3 v co M co ob 0 0 LO N 0 N rn 3 00 I— W w I EXHIBIT "A" LEGAL DESCRIPTION BEING, all of that 0.009 acre (375 square foot) tract of land situated In the Adam Bradford Survey, Abstract No. 152, in the City of Euless, Tarrant County, Texas; being part of Right-of-way dedicated by the plat of Preserve at Bear Creek Phase One, an addition to the City of Euless as recorded in Instrument Number D216176144 of the Official Public Records of Tarrant County, Texas; said 0.009 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING, at a 1/2-inch iron rod with "DAA' cap found for corner at the south of said Preserve at Bear Creek Phase One; said point being a north line of that tract of land described as Tract 2 in Special Warranty Deed to MM Euless 66, LLC as recorded in Instrument No. D220346836 of said Official Public Records; THENCE, North 42 degrees 50 minutes 44 seconds West, with the south of said Preserve at Bear Creek Phase One and the north line of said Tract 2, a distance of 34.89 feet to a 1/2-inch iron rod with "DAA' cap found for corner; THENCE, South 88 degrees 50 minutes 52 seconds East, departing the south of said Preserve at Bear Creek Phase One and the north line of said Tract 2, LLC tract, a distance of 19.48 feet to a point for corner; THENCE, South 42 degrees 41 minutes 37 seconds East, a distance of 13.87 feet to the beginning of a non -tangent curve to the left; THENCE, in a southwesterly direction, along said curve to the left, an arc length of 15.11 feet, having a radius of 625.80 feet, a central angle of 01 degrees 23 minutes 01 seconds, and a chord which bears South 02 degrees 19 minutes 50 seconds West, 15.11 feet to a point for corner In the south line of said Preserve at Bear Creek Phase One and the north line of said Tract 2; THENCE, North 88 degrees 44 minutes 11 seconds West, with the south line of said Preserve at Bear Creek Phase One and the north line of said Tract 2, a distance of 4.54 feet to the POINT OF BEGINNING and containing an area of 0.009 acres or 375 square feet of land, more or less. NOTES: A survey plat of even survey date accompanies this legal description. Bearing system for this survey is based on the North American Datum of 1983, NA2011 (Epoch 2010,00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1.00012. Distances and areas shown are surface values in U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. January 08, 2025 Rene SlIvas RPLS No. 5921 BGE, Inc. c 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel:817-887-6130 - www.bgeine.com TBPELS Registration No.10106500 Copydght2025 M .....:.:...... REND SILVAS *0666060*00000 o 5921 I RIGHT-OF-WAY ABANDONMENT BEING SITUATED IN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152 CITY OF EULESS, TARRANT COUNTY, TEXAS DECEMBER 2024 SHEET 1 OF 2 Ordinance No. 2419, Page 6 of 7 W:1:113 111 111VGW 3 1= M M co Ob 0 N 0 N EI a LOT 1, BLOCK A Q PRESERVE AT BEAR CREEK '�T / 0 20 40 PHASE ONE Qi O �� I (INST. NO, 216176144) O.P.R.T.C.T.-T.C�T.—__--�— —_--- SCALE:1 - —40 _ N l� ARCO PIPE LINE COMPANY EASEMENT (VOL. 9117, PG. 378) D.R.T.C,T, PILOT HILL DRIVE (60' R.O.W.) (INST. NO. 216176144) O.P.R.T.C.T. 1/2—INCH IRON ROD "DAA" _ W/ CAP FOUND L2 ONCOR ELECTRIC DELIVERY = - COMPANY LLC EASEMENT I �J (INST. NO. D215014634) P.R.T.C.T. P.O.B� I J LINE TABLE (NUMBER BEARING DISTANCE L1 N 42°50'44" W 34.89' L2 S 88'50'52" E 19.48' L3 S 42'41'37" E 13.87' L4 N 88.44' 11 " W 4.54' CURVE TABLE NUMBER DELTA 1 CHORD IS 1 231'O1" 825I80' 02E19'50" W Q � C O (.i 2 RIGHT—OF—WAY Otlrvey7 ABANDONMENT i (� r0 000 ACRES (375 SQ. FT. 0 - L4 i/2—INCH IRON R— W/ "DAA" CAP FOUND MM EULESS 66, LLC (TRACT 2) JST. NO D220346836) O.P.R.T.C.T. CHORD ARC DISTANCE LENGTH 15.11' 15.11' NOTES: A legal description of even survey date accompanies this survey plat. Bearing system for this survey Is based on the North American Datum of 1983, NA2011 (Epoch 2010.00), Texas State Plane Coordinate System, North Central Zone (4202) with an applied combined scale factor of 1,00012. Distances and areas shown are surface values In U.S. Survey Feet. This survey was performed without the benefit of a title report. There may be easements and/or covenants affecting the subject property that are not shown hereon. BGE, Inc. 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel:817.887-6130 - www.bgeinc.com TBPELS Registration No. 10106500 Copyright 2025 1/2—INCH IRON ROD W/ "DAA" CAP FOUND )N ROD W/ "DAA" CAP FOUND LEGEND ❑ MONUMENT OF RECORD DIGNITY P.O.B. POINT OF BEGINNING INST. NO. INSTRUMENT NUMBER VOL. VOLUME PG. PAGE D.R.T.C.T. DEED RECORDS OF TARRANT COUNTY, TEXAS O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS BOUNDARY LINE PROPERTY LINE — — — — — — — EXISTING EASEMENT LINE RIGHT-OF-WAY ABANDONMENT BEING SITUATED IN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152 CITY OF EULESS, TARRANT COUNTY, TEXAS DECEMBER 2024 SHEET 2 OF 2 Ordinance No. 2419, Page 7 of 7