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Home My WebLink About2421 02-11-2025ORDINANCE NO. 2421 AN ORDINANCE VACATING AND ABANDONING A SEWER EASEMENT ALONG MINTERS CHAPEL ROAD IN THE CITY OF EULESS, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH EASEMENT IS NOT NECESSARY FOR USE BY THE CITY; AUTHORIZING THE MAYOR TO EXECUTE A RELEASE OF THE SEWER EASEMENT RELEASING THE CITY'S OWNERSHIP, INTEREST, AND CONTROL OF THE SEWER EASEMENT 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 0.014 acres (601 square feet) sewer easement along the west right of way of Minters Chapel Road, recorded as Document Number D187031965, Deed Records of Tarrant County, said document being attached hereto as Exhibit A, is not being used by or useful to the City, and therefore desires to release it to the abutting property owner; and WHEREAS, in order to remove any question as to the City's continued interest, ownership, or control of the sewer easement, the City desires to execute a Release of Sewer Easement, releasing all title, ownership, and control in said sewer easement. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. The sewer easement described and depicted in Exhibit A is vacated arid, abandoned as City property. The sewer easement 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 sewer easement described and depicted in Exhibit A,, 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 sewer easement on behalf of the City. The executed Release of Sewer 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. APPROVED: i p} Li rtin, Mayor A7 EST: i utter, TRMC, CMC City Secretary/Chief Governance Officer APPROVED AS TO FORM AND LEGALITY: Wayne K. Olson, City Attorney Ordinance No. 2421, Page 2 of 8 r WIBIT A EASEMENT DESCRIPTION Being a tract of land situated in the A. Bradford Survey. Abstract No. 152 and being recorded in volww 8856, page 239 Dead Records, Tarrant County, Texas, and being more particulary described as followal BEGINNING at a found two inch pipe with a brass disc, said pipe being on the west right of way of Minters Chapel Road (a 50 foot ROW) said pipe also also being SW O6'1611 E, 4213.18 feet from the intersection of the south right of way of Harwood Road (a50 foot RCM') and the west right of way of !linters Chapel Roadl Thence 800609041"E, 60,00 feet to a point for a earnerl Thence S 89°50149,• W, 10.00 feet to a point for a comer! Thence N 00' 09141'- W, 60.24 fee t to a point for a corner 1 Thence S 8e 46123" E, 10.00 feet to the POINT OF BEGINNING and containing 0.014 acres (601 square feet) of land. R E TU:"T TO: :01 ..,'XI- 1 DRIVE CULL-,�. T.C. 7'6039 PNaN VOL 419 P6. 2089 Ordinance No. 2421, Page 3 of 8 1 I'l l Cr 1 k,P v Id UTILITY ESMT+� 0 W PROP 60' ARCO I Z 100 20O GAS ESMT, � I � $�� _ SCALE: I'4 loop S68.460H 10.od ��Q,. • POINT OF BEGINNING 006O1W41"E T—M 00'O>i'41"ly 60.00 oQ, 00.2W A Q 0 88.4040"W� MOO P� Ordinance No. 2421, Page 4 of 8 10' UTILITY EASEMENT VILLAGES OF BEAR CREEK EXHIBIT- W COREYCO EB01}IEERfi4 CONORATiOM "W$T TiKAO VOL. 9d49 Pb. 2090 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 Deed Records of Tarrant County, Texas as Document Number D187031965, whereby Bear Creek Associates II ("Grantor") granted to the City of Euless, Texas ("Grantee") said easement for the purpose of constructing, reconstructing, and perpetually maintaining sewer lines, casings, and surface facilities upon, over, through, across, and along certain real property, as more particularly depicted in Exhibit A attached hereto (the "Easement"); and WHEREAS, for good and valuable consideration Grantee does hereby release and terminate the Easement and abandons to Grantor all right, title, and interest of Grantee in and to the Easement. Grantee shall hereafter have no rights to the Easement. NOW, THEREFORE, the City of Euless, Texas does hereby RELEASE the Easement attached as Exhibit A. WITNESS MY HAND this 11th day of February, 2025. CITY OF EULESS, TEXAS Linda Martin, Mayor Ordinance No. 2421, Page 5 of 8 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. 2421, Page 6 of 8 rj WIBIT A EASEMENT DESCRIPTION Being a tract of land situated in the A. Bradford Survey, Abstract No. 152 and being recorded in volww 8856, page 238 Deed Records, Tarrant County, Texas, and being more particulary described as follows; AEGINNINC at a found two inch pipe with a braes disc, said pipe being on the west right of way of Minters Chapel Road (a 50 foot ROW) said pipe also also being S00°0611611 E, 4213.18 feet from the intersection of the south right of way of Harwood Road (a50 foot ROW) and the west right of way of Minters Chapel Road; Thence 800°09041"E, 60,00 feet to a point for a corners Thence S 890 50149,, W, 10.00 feet to a point for a corner; Thence N 00' 09141'1 W, 60.24 feet to a point for a corner Thence S 88'46123" E, 10.00 feet to the POINT OF BEGINFING and containing 0.014 acres (601 square feet) of land. RETU7'7 TO: , ` X7,,ENT ;'01 ,.,'X1 ? UkiVE UULF- ;:;. f.e. 76039 VOL.a7 8 Ordinance No. 2421, Page 7 of 8 PHONE�7 pp P6. 209 o 4 ' 0: N .N 10 UTILITY ESMT+I w• PROP ARCO I I — i I, OAS ES ESMT• �� SCALE:I"s 100' 8 86'4$'23'L' 10.0d "• POINT OF OINNINO 8E 8 00'OV41"E \ � T—N 00' 0D'41"w 60.00! 60•24' j I C) c 8@•b0'49"Wf ' �\ 10.00' 10' UTILITY EASEMENT VILLAGES OF BEAR CREEK � EXHIBIT—'S' COIIEYCO DAIN[EFOW 0000RATI" INNt e r TE KAsf Ordinance No. 2421, Page 8 of 8 voE.9049 Ps. ,• �U9U