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HomeMy WebLinkAbout2420 02-11-2025ORDINANCE NO. 2420 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A SEWER EASEMENT WITHIN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152 IN THE CITY OF EULESS, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT AREA IS NOT NECESSARY FOR USE BY THE CITY; AUTHORIZING THE MAYOR TO EXECUTE A RELEASE OF SUCH EASEMENT AREA RELEASING THE OWNERSHIP, INTEREST, AND CONTROL OF THE CITY TO THE ABUTTING PROPERTY OWNER; 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 an approximate 0.161 acre (7,010 square feet) portion of the sewer easement recorded as Document Number D187031966, Deed Records of Tarrant County, situated in the Adam Bradford Survey, Abstract No. 152, in the City of Euless, as more particularly described and depicted on the attached Exhibit "A" (the "Easement Area"), is not being used by or useful to the City, and therefore desires to release it to the abutting property owner(s); and WHEREAS, in order to remove any question as to the continued interest, ownership, or control of the Easement Area, the City desires to execute a Release of Sewer Easement, releasing all title, ownership, and control in said Easement Area. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. The Easement Area described and depicted in Exhibit "A" is vacated and abandoned as City property. The Easement Area 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 Release of Sewer Easement for the Easement Area to the abutting property owner or owners in the form shown in Exhibit "B" attached hereto, releasing all claims to title, ownership, or control of the Easement Area on behalf of the City. A copy of the Release of Easement 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. ' U Lin 6rtin, ayor ATTEST: Ki. Sutter, T ��IC, CMC C ty Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Ordinance No. 2420, Page 2 of 10 EXHIBIT "A" LEGAL DESCRIPTION BEING, all of that 0.161 acre (7,010 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 that Sewer Easement as recorded in Volume 9049, Page 2092 of the Deed Records of Tarrant County, Texas; and being part 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 the Official Public Records of Tarrant County, Texas; said 0.161 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING, at a 1/2-inch iron rod with "REALSEARCH RPLS 5696" found at the north corner 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 the Official Public Records of Tarrant County, Texas; said point being the intersection of the southeast right-of-way line of Minters Chapel Road (60-foot right-of-way) with the west right-of-way line of Harwood - Old Dallas Road Extension; said point being in the east line of said Sewer Easement; THENCE, South 00 degrees 19 minutes 33 seconds East, departing the southeast line of said Minters Chapel Road, with the east line of said Tract 2 and the east line of said Sewer Easement, a distance of 712.43 feet to a 1/2-inch iron rod with "REALSEARCH RPLS 5696" found for corner; said point being in the west line of said Harwood - Old Dallas Road Extension; THENCE, North 88 degrees 58 minutes 24 seconds West, departing the east line of said Tract 2 and the west line of said Harwood - Old Dallas Road Extension, a distance of 10.00 feet to a point at the southwest corner of said Sewer Easement; THENCE, North 00 degrees 19 minutes 33 seconds West, with the west line of said Sewer Easement, a distance of 690.28 feet to a point for corner in the southeast line of said Minters Chapel Road; said point being the beginning of a non -tangent curve to the left; THENCE, in a northeasterly direction, along the southeast line of said Minters Chapel Road and said curve to the left, an arc length of 24.09 feet, having a radius of 630.00 feet, a central angle of 02 degrees 11 minutes 26 seconds, and a chord which bears North 24 degrees 12 minutes 52 seconds East, 24.09 feet to the POINT OF BEGINNING and containing an area of 0.161 acres or 7,010 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. L. / 01 /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 Copyright2025 RENt SILVAS�� 00000000000#000 0 5921 SU SEWER EASEMENT ABANDONMENT BEING SITUATED IN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152 CITY OF EULESS, TARRANT COUNTY, TEXAS JANUARY 2025 SHEET 1 OF 3 Ordinance No. 2420, Page 3 of 10 m N m Co 0 0 N O N 3 H U) wl EXHIBIT "A" r I P.O.B. 1/2—INCH IRON ROD 1 0 10 20 S1 N W/ "REALSEARCH RPLS 5696" O' h' I CAP FOUND Q`r� oc�,� ( ( SCALE: 1" = 20' o a0 to �v)00 N 1 / OZ� JW-3F: / 0 I... > (3 MM EULESS 66, LLC SEWER EASEMENT W • o(TRCT (INST. NO AD220346836) (VOL. 9049, PG. 2092) _ = 0 D.R.T.C.T. D.R.T.C.T. O 0 . O w ��►� 1 hj��1 Do 00 O 00 N O(0 Dr- ��� () z V) PARTIAL EASEMENT ABANDONMENT \0 y--''�O16ACRESI v�2'� ��®�� (7,010 SQ. FT.) P MM EULESS 66, LLC I CURVE TABLE (TRACT 2) CHORD ARC (INST. NO D220346836) (NUMBER DELTA RADIUS CHORD BEARING I DISTANCE LENGTH D.R.T.C.T. ( C1 2.11'26" 630.00' N 24'12'52" E I 24.09' 24.09' MATCH LINE - SEE SHEET 2 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 LEGEND MONUMENT OF RECORD DIGNITY INST. NO. INSTRUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS P.O.B. POINT OF BEGINNING PROPOSED EASEMENT LINE -- PROPERTY LINE EXISTING EASEMENT LINE ABSTRACT LINE SEWER EASEMENT ABANDONMENT BEING SITUATED IN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152 CITY OF EULESS, TARRANT COUNTY, TEXAS JANUARY 2025 SHEET 2 OF 3 Ordinance No. 2420, Page 4 of 10 ri w' 4 r- 0 LO N O N m 3 w LO a N Q UI 0 U) P al 0 0 rn l to QI w SEWER EASEMENT (VOL. 9049, PG. 2092) _ D,R.T.C.T. —T------- 0 � N Do O rn o (o ARCO PIPE LINE 0 _COMPANY EASEMENT (VOL. 9117, PG. 378) Z D.R.T.C.T. J EXHIBIT "A" MATCH LINE - SEE SHEET 3 a► W 00 N o r PARTIAL EASEMENT (n ABANDONMENT f /� 0.161 ACRES (7,010 SQ. FT.) "*_�1/2—INCH I N 88*58'24" W IRON D W/ "RFALSEARCH RPLS 5696" 1 0 00' CAP FOUND I' -----------L-- SEWER EASEMENT I (n n (VOL. 9049, PG. 2086) - _ Q M D.R.T.C.T. Q o.° MM EULESS 66, LLC00 (TRACT 2) I co C*4 (INST. NO D220346836) I Z D.R.T.C.T. J Oi W _J X W �--- o i O ro O Q'd Q a ��C) I ri lY r (= = _j 41 .. 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 N 0 10 20 SCALE: 1" = 20' i F_ ARCO PIPE LINE COMPANY EASEMENT (VOL, 5729, PG. 587) D.R.T.C.T. MM EULESS 66, LLC I (TRACT 3) (INST. NO D220346836) D.R.T.C.T. �Y LEGEND 0 MONUMENT OF RECORD DIGNITY INST. NO, INSTRUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF TARRANT COUNTY, TEXAS P.O.B. POINT OF BEGINNING PROPOSED EASEMENT LINE ---- PROPERTY LINE — — — EXISTING EASEMENT LINE — • • — ABSTRACT LINE SEWER EASEMENT ABANDONMENT BEING SITUATED IN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152 CITY OF EULESS, TARRANT COUNTY, TEXAS JANUARY 2025 SHEET 3 OF 3 Ordinance No. 2420, Page 5 of 10 EXHIBIT "B" NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. RELEASE OF SEWER EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT § WHEREAS, on August 27, 1987, a Sewer Easement was filed in the Records of the County Clerk of Tarrant County, Texas, as Document Number D187031966, whereby Bear Creek IV Joint Venture ("Grantor") granted to the City of Euless, Texas ("Grantee") said easement for the purpose of constructing, reconstructing, and perpetually maintaining sewer lines, together with all necessary appurtenances thereto, upon, over, through, across, and along all that certain real property (the "Easement"); and WHEREAS, for good and valuable consideration Grantee does hereby release the portion of the Easement described and depicted on Exhibit "A" attached hereto, and abandons to Grantor all right, title, and interest of Grantee in and to such portion of the Easement. Grantee shall hereafter have no rights to such portion of the Easement. NOW, THEREFORE, the City of Euless, Texas, does hereby RELEASE the portion of the Easement described and depicted on Exhibit "A". WITNESS MY HAND this 11th day of February, 2025. CITY OF EULESS, TEXAS IN Linda Martin, Mayor Ordinance No. 2420, Page 6 of 10 ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § Before me on this day personally appeared, Linda Martin known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that she is the Mayor of the City of Euless, Texas, and that she executed the same on the above date for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 11th day of February, 2025. Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: AFTER FILING PLEASE RETURN TO: City Secretary City of Euless 201 N. Ector Dr. Euless, Texas 76039 Ordinance No: 2420, Page 7 of 10 EXHIBIT "A" LEGAL DESCRIPTION BEING, all of that 0.161 acre (7,010 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 that Sewer Easement as recorded in Volume 9049, Page 2092 of the Deed Records of Tarrant County, Texas; and being part 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 the Official Public Records of Tarrant County, Texas; said 0.161 acre tract of land being more particularly described by metes and bounds as follows: BEGINNING, at a 1/2-inch iron rod with "REALSEARCH RPLS 5696" found at the north corner 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 the Official Public Records of Tarrant County, Texas; said point being the intersection of the southeast right-of-way line of Minters Chapel Road (60-foot right-of-way) with the west right-of-way line of Harwood - Old Dallas Road Extension; said point being in the east line of said Sewer Easement; THENCE, South 00 degrees 19 minutes 33 seconds East, departing the southeast line of said Minters Chapel Road, with the east line of said Tract 2 and the east line of said Sewer Easement, a distance of 712.43 feet to a 1/2-inch iron rod with "REALSEARCH RPLS 5696" found for corner; said point being in the west line of said Harwood - Old Dallas Road Extension; THENCE, North 88 degrees 58 minutes 24 seconds West, departing the east line of said Tract 2 and the west line of said Harwood - Old Dallas Road Extension, a distance of 10.00 feet to a point at the southwest corner of said Sewer Easement; THENCE, North 00 degrees 19 minutes 33 seconds West, with the west line of said Sewer Easement, a distance of 690.28 feet to a point for corner in the southeast line of said Minters Chapel Road; said point being the beginning of a non -tangent curve to the left; THENCE, in a northeasterly direction, along the southeast line of said Minters Chapel Road and said curve to the left, an arc length of 24.09 feet, having a radius of 630.00 feet, a central angle of 02 degrees 11 minutes 26 seconds, and a chord which bears North 24 degrees 12 minutes 52 seconds East, 24.09 feet to the POINT OF BEGINNING and containing an area of 0.161 acres or 7,010 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. , 01 /08/2025 Rene Silvas RPLS No. 5921 BGE, Inc. c 777 Main Street, Suite 1900, Fort Worth, TX 76102 Tel:817-887-6130 • www.bgeinc.com TBPELS Registration No.10106500 Copyright 2025 �E OF rF1 ST .....:........ RENT SILVAS 009000000000*0 o� 5921 SUR\1J SEWER EASEMENT ABANDONMENT BEING SITUATED IN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152 CITY OF EULESS, TARRANT COUNTY, TEXAS JANUARY 2025 SHEET 1 OF 3 Ordinance No. 2420, Page 8 of 10 m M 00 0 L6 0 N Q 0 V ry 3� N 01 �, V. �? / SEWER EASEMENT (VOL. 9049, PG. 2092) D,R.T,C.T. / 00 N 000 oW W 00 d- N -50 EXHIBIT "A" P.O.B.' 1/2—INCH IRON ROD W/ "REALSEARCH RPLS 5696- CAP FOUND (cr^o Q M J ZO.a oWN i0 Z JW-�� O� F W•(0o o 0 0 . M 0 CL ri Q J O fn PARTIAL EASEMENT ABANDONMENT F-- 0.161 ACRES (7,010 SQ. FT.) N 1 0 10 20 SCALE: 1" = 20' MM EULESS 66, LLC (TRACT 3) (INST. NO D220346836) D.R.T.C.T. MM EULESS 66, LLC I CURVE TABLE (TRACT 2) (INST. NO D220346836) NUMBER DELTA RADIUS BEARING IN DISTANCE LENGTH D.R.T.C.T, C1 2'11'26" 630.00' 24'12'52" E 24.09' 24.09' MATCH LINE - SEE SHEET 2 LEGEND NOTES: A legal description of even survey date accompanies this 0 MONUMENT OF RECORD DIGNITY survey plat. INST. NO, INSTRUMENT NUMBER O.P.R.T.C.T. OFFICIAL PUBLIC RECORDS OF Bearing system for this survey Is based on the North TARRANT COUNTY, TEXAS American Datum of 1983, NA2011 (Epoch 2010.00), P.O.B. POINT OF BEGINNING Texas State Plane Coordinate System, North Central Y �__ — PROPOSED EASEMENT LINE PROPERTY LINE Zone (4202) with an applied combined scale factor of — — — EXISTING EASEMENT LINE 1.00012. Distances and areas shown are surface values — ABSTRACT LINE 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 Copydghl2025 Ordinance No. 2420, Page 9 of 10 SEWER EASEMENT ABANDONMENT BEING SITUATED IN THE ADAM BRADFORD SURVEY, ABSTRACT NO. 152 CITY OF EULESS, TARRANT COUNTY, TEXAS JANUARY 2025 SHEET 2 OF 3 EXHIBIT "A" MATCH LINE - SEE SHEET 3 SEWER EASEMENT (VOL. 9049, PG. 2092) _ W D.R.T.C.T. - i — — — — — — - — — F ----------- C o PARTIAL EASEMENT 006 N ABANDONMENT ARCO PIPE LINE O f -'' 0,161 ACRES _COMPANY EASEMENT (VOL. 9117, PG. 378), Z (7,010 SQ. FT.) I D.R.T.C.T. ARCO PIPE LINE I COMPANY EASEMENT_ (VOL. 5729, D R.T.0 T. M N $$•rJ$'24" W I 1/2-INCH IRON ROD ri W/ "REALSEARCH RPLS 5696" co 10.00' CAP FOUND 4 o L N O N if m_ — _ — —..— — — � — — — — — — — — .— L — _ _ I SEWER EASEMENT (n (VOL. 9049, PG. 2086) = I Q wl D.R.T.C.T. Z ° 0 J t MM EULESS 66, LLC I ® CO MM EULESS 66, LLC 00 (TRACT 2) I p Vi N (TRACT 3) vi (INST. NO D220346836) I ® I (INST. NO D220346836) 5 D.R.T.C.T. I J H -1~ I D.R.T.C.T. O UJ O co O EI bra �� �O d L� NOTES: LEGEND O A legal description of even survey date accompanies this Q MONUMENT OF RECORD DIGNITY LO survey plat. N INST. NO. INSTRUMENT NUMBER O.P.R,T.C.T. OFFICIAL PUBLIC RECORDS OF Bearing system for this survey is based on the North TARRANT COUNTY, TEXAS American Datum of 1983, NA2011 (Epoch 2010.00), 0 10 20 P.O.B. POINT OF BEGINNING E Texas State Plane Coordinate System, North Central PROPOSED EASEMENT LINE ¢I Zone (4202) with an applied combined scale factor of — PROPERTY LINE — — — EXISTING EASEMENT LINE 1.00012. Distances and areas shown are surface values SCALE: 1" = 20� — • • — ABSTRACT LINE :3 in U.S. Survey Feet. c m U This survey was performed without the benefit of a title SEWER EASEMENTreport. There may be easements and/or covenants 2 affecting the subject property that are not shown hereon. ABANDONMENT a z BEING SITUATED IN THE BGE, Inc. ADAM BRADFORD SURVEY, ABSTRACT NO. 152 TTT Main Street, Suite www. Fort Worth, TX 76102 CITY OF EULESS, TARRANT COUNTY, TEXAS Tel: 817 687 6130 www.bgeinc.com JANUARY 2025 a) TBPELS Registration No.10106500 Copyright2025 SHEET 3 OF 3 Ordinance No. 2420, Page 10 of 10