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
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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
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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
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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
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0 10 20
SCALE: 1" = 20'
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ARCO PIPE LINE
COMPANY EASEMENT
(VOL, 5729, PG. 587)
D.R.T.C.T.
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(INST. NO D220346836)
D.R.T.C.T.
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LEGEND
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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
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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
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(TRACT 3)
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(INST. NO D220346836)
NUMBER DELTA RADIUS BEARING
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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.
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LEGEND
O A legal description of even survey date accompanies this
Q MONUMENT OF RECORD DIGNITY
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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