The URL can be used to link to this page

Home My WebLink About1003 06-13-1989ORDINANCE NO. 1003 AN ORDINANCE VACATING AND ABANDONING CERTAIN PUBLIC UTILITY EASEMENTS IN THE EULESS INDUSTRIAL PARK ADDITION, LOT 10, BLOCK 1, AND LOT B -1, BLOCK 1, IN THE CITY OF EULESS; DECLARING AN EMERGENCY AND AN EFFECTIVE DATE. The City Council of the City of Euless, Texas, after careful study and consid- eration, has determined that the portions of the public utility easements hereinafter specifically described, are not being used by, nor useful, nor 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 benefited by their vacation and abandonment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1 The portions of the public utility easements located in the Euless Industrial Park Addition, Lot 10, Block 1, and Lot B -1, Block 1, in the City of Euless, particularly described in Attachment "1," attached hereto and made a part hereof for all intents and purposes, is hereby vacated and abandoned as public utility easements. � NIO[dRiU Emergency Clause. By the affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate preservation of the public peace, property, health and safety, and is an emergency measure within the meaning of Article II, Section 11 of the City Charter; and the requirement that it be read at two meetings, as specified, is hereby dispensed with. SECTION 3 This ordinance shall become effective immediately from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. tj °o 20 ... �... ; D., =. U Liz --. 1A. l blji J 09631 1502 PHONE 2S3-538i N 0 PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of the Euless City Council, on the 13th day of June 1989, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: Harold D. Samuels, Mayor ATTZS: / ,J�� H. Kay Godbey, CMC /AAE City Secreta APPROVED AS TO FO ity Attorney 09 /p.3 / /..T0 3 APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EULESS INDUSTRIAL PARK ADDITION EASEMENT LOCATION FIRST FILING AND SECOND FILING No. Date: JANUARY 31. 1989 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF EULESS, TEXAS: The undersigned hereby make application for the vacation and abandonment of that portion of the above named utility easement, particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represent and warrant the following: 1. The undersigned will hold the City of Euless harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such vacation and abandonment; 2. Attached, marked Exhibit No. 2, is a plat or sketch of the utility easement sought to be vacated and the surrounding area to the nearest streets in all directions, showing the abutting lots and blocks, and the addition in which the a- bove described portion of such utility easement is situated, together with the record owners of such lots; 3. Attached, marked Exhibit No. 3, is the consent of public utilities to such vacation; 4. Attached, marked Exhibit No. 4, is the consent to such vaca- tion of all the abutting property owners, except the following: (If none, so state). A. Name *NONE* Address Why Consent Not Obtained B. Name *NONE* Address Why Consent Not Obtained 5. Such utility easement should be vacated because: The existing 8 -inch sanitary sewer main currently located in the easement is being relocated to another portion of the property. The remaining franchised utility facilities, (electric distribution facilities) will be included in a Specific Use Easement to Texas Power and Light Company. The abandonment of the existing Utility Easement and the granting of the Specific Use Easement, will permit the property owner to use the ground surface in the area for support equipment for the adjacent building. Page 1 of 2 09631 1504 6. Such utility easement has been and is being used as follows: The easement contains an existing 8 -inch sanitary sewer main (proposed to be relocated) and overhead electric distribution facilities (proposed for protection by an exclusive easement). JOHN GEHAN GNYPURE ' (DATE) 545 EAST JOHN CARPENTER FREEWAY - SUITE 101 IRVING, TEXAS 75060 THE STATE OF TEXAS X COUNTY OF TMM t' X DALLAS BEFORE ME, the undersigned authority, on this day personally appeared JOHN GEHAN known to me to be a credible person and one of the signers of the foregoing application, and who, after being by me duly sworn, did upon his oath state that the information contained in such application is true and correct to the best of his Seal Page 2 of 2 knowledge and belief. Notary P blic, T'Ifi khfit Coun� Texas Dallas DATE: _ �� ,2 /9 k 09631 1505 EASEMENT LOCATION EULESS INDUSTRIAL PARK ADDITION - FIRST FILING AND SECOND FILING EXHIBIT NUMBER 1 PARCEL NO. 1: Being that portion of that certain 5.0 foot wide public utility easement upon and across Block 1, EULESS INDUSTRIAL PARK ADDITION, SECOND FILING, an addition to the City of Euless, Tarrant County, Texas, according to the plat recorded on Page 70 of Volume 388 -31, Plat Records of Tarrant County, Texas, said 5.0 foot wide public utility easement being more particularly described as follows: COMMENCING at the Southeast corner of LOT 10, BLOCK 1, EULESS INDUSTRIAL PARK ADDITION, SECOND FILING, an addition to the CITY OF EULESS, TARRANT COUNTY, TEXAS, according to the plat recorded on Page 70 of Volume 388 -31, Plat Records of Tarrant County, Texas, said point also being the Southwest corner of LOT B -1, BLOCK 1, EULESS INDUSTRIAL PARK ADDITION, FIRST FILING, an addition to the CITY OF EULESS, TARRANT COUNTY, TEXAS, according to the plat recorded on Page 23 of Volume 388 -26, Plat Records of Tarrant County, Texas, said point also being in the North right -of -way line of South Pipeline Road; THENCE North 00 00' East with the East line of said Lot 10, same being the west line of said Lot B -1, a distance of 5.00 feet to the POINT OF BEGINNING; THENCE North 900 00' West a distance of 5.00 feet to a point for corner; THENCE North 00 00' East and parallel with the East line of said Block 1, said Euless Industrial Park Addition, Second Filing, a distance of 458.66 feet to a point for corner, said point being in the South line of a 50 0 foot wide easement conveyed to Lone Star Gas Company as described on Page 44 of Volume 3673, Deed Records of Tarrant County, Texas; THENCE North 880 28' 40" East with the South line of said Lone Star Gas Company easement a distance of 5.00 feet to a point for corner, said point being in the East line of Lot 7, said Block 1, said Euless Industrial Park Addition, Second Filing; THENCE South 00 00' East with the East line of said Block 1, said Euless Industrial Park Addition, Second Filing, a distance of 458.80 feet to the PLACE OF BEGINNING and containing 2294 square feet or 0.0527 acres of land more or less. PAGE 0 31603 1 PAG'SU 0 6 PARCEL NO. 2: Being that portion of that certain 5.0 foot wide public utility easement upon and across Block 1, EULESS INDUSTRIAL PARK ADDITION, FIRST FILING, an addition to the City of Euless, Tarrant County, Texas, according to the plat recorded on Page 23 of Volume 388 -26, Plat Records of Tarrant County, Texas, said 5.0 foot wide public utility easement being more particularly described as follows: COMMENCING at the Southwest corner of LOT B -1, BLOCK 1, EULESS INDUSTRIAL PARK ADDITION, FIRST FILING, an addition to the CITY OF EULESS, TARRANT COUNTY, TEXAS, according to the plat recorded on Page 23 of Volume 388 -26, Plat Records of Tarrant County, Texas, said point also being the Southeast corner of LOT 10, BLOCK 1, EULESS INDUSTRIAL PARK ADDITION, SECOND FILING, an addition to the CITY OF EULESS,TARRANT COUNTY, TEXAS, according to the plat recorded on Page 70 of Volume 388 -31, Plat Records of Tarrant County, Texas, said point also being in the North right -of -way line of South Pipeline Road; THENCE North 00 00' East with the West line of said Lot B -1, same being the East line of said Lot 10, a distance of 5.00 feet to the POINT OF BEGINNING; THENCE North 00 00' East with the West line of said Block 1, said Euless Industrial Park Addition, First Filing, a distance of 458.80 feet to a point for corner, said point being in the south line of a 50.0 foot wide easement conveyed to Lone Star Gas Company as described on Page 44 of Volume 3673, Deed Records of Tarrant County, Texas; THENCE North 880 28' 40" East with the South line of said Lone Star Gas Company easement a distance of 5.00 feet to a point for corner; THENCE South 00 00' East and parallel with the west line of said Block 1, said Euless Industrial Park Addition, Second Filing, a distance of 458.93 feet to a point for corner; THENCE South 900 00' West a distance of 5.00 feet to the PLACE OF BEGINNING and containing 2294 square feet or 0.0527 acres of land more or less. PAGE 2 OF{ 6 TIES 1507 EASEMENT LOCATION EULESS INDUSTRIAL PARK ADDITION - FIRST FILING AND SECOND FILING EXHIBIT NUMBER 2 The following is a plat or sketch of the utility easement sought to be vacated in the above numbered application, showing the surrounding area to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the utility easement sought to be vacated is situated, and the addition or additions in which the portion of the utility easement sought to be vacated is situated. Also, the names of record owners of the abutting lots are shown: B -11 2F :.245 Ac-s. NO SCALE PAGE 1 OF 2 PAGES 09631 1508 SRI LOT 6 5'U.E. 5'U.E. ` 50 NE /STAR GAS COMPANY EA N88°28'40 °E- / LOT 7 /r / PARCEL N0.1 r / 1 I I I LOT 8 I I QP�a'I' I P�. 0�J0 b �♦ LOT 9 a LOT 10 N 90 °0000° W -5.d t - - - -IN 0000'00::E-&0' P.O.C. LOT 8.3 VOLUME 3673 , PAGE 44, 0.RT.C.T. �N 88°28'40 °E - 5.0- —�— LOT 8.4 �a FN + �, ��P��`•y'l QPP ,li. 9 PVC �p G sb PQ ti P 0�'0 �e` S•C � 26 ` I sy F��`.ye0 I I I I I 1 1 LOT 8 -1 1 NORTH / NO SCALE / S90°Od00 °W -5.d / 15.0' UTILITY EASEMENT t •• R P.0.8.(PARCELS 1 AND 2) . - ME ql�M;yA'W.Wmrl PAGE 2 OF 2 PAGES 9631 1509 EULESS INDUSTRIAL PARK ADDITION EASEMENT LOCATION FIRST FILING AND SECOND FILING EXHIBIT NUMBER 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Euless, that portion of the utility easement sought to be vacated in the APPLICATION TO VACATE UTILITY EASEMENT above referenced to, du hereby consent to the vacation and abandonment of the described portion of such utility easement, subject to the special conditions enumerated below: LONE STAR GAS COMPANY ByJ�� r Title: ,ir;' hnc't rr v✓iv�. TEXAS POWER & LIGHT COMPANY, A Division of TEXAS UTILITIES ELECTRIC By: See Page 2 of 4 Pages Title: SOUTHWESTERN BELL TELEPHONE COMPANY By: See Page 3 of 4 Pages Title: STORER CABLE COMPANY By: See Page 4 of 4 Pages Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate utility easement above referenced, from the standpoint of present and future needs of the City of Euless with respect to traffic and city utilities, and I see no objection to the requested vacation from the City's standpoint. 44L City Engineer, City of Euless, Texas SPECIAL CONDITIONS: 1. Certain electric distribution facilities exist in the portion of the public Utility Easement (Parcels No. 1 and 2) proposed for abandonment. A separate Electric Distribution Easement, acceptable to Texas Power and Light Company must be executed and filed of record concurrent with the recording of the abandonment ordinance. 2. Certain communication facilities exist in the portion of the Public Utility Easement (Parcels No. 1 and 2) proposed for abandonment. A separate Commun- ications Facilities Easement, acceptable to Southwestern Bell Telephone Company must be executed and filed for record concurrent with the recording of the abandonment ordinance. Page 1 of 4 Pages 09631 15 10 EULESS INDUSTRIAL PARK ADDITION EASEMENT LOCATION FIRST FILING AND SECOND FILING EXHIBIT NUMBER 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Euless, that portion of the utility easement sought to be vacated in the APPLICATION TO VACATE UTILITY EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility easement, subject to the special conditions enumerated below: LONE STAR GAS COMPANY BY: See Page 1 of 4 Pages Title: TEXAS POWER & LIGHT COMPANY, A Division of TEXAS UTILITIES ELECTRIC By: eau Lioot / S Title: 1�D � SOUTHWESTERN BELL TELEPHONE COMPANY By: See Page 3 of 4 Pages Title: STORER CABLE COMPAITY By: See Page 4 of 4 Pages Title: The undersigned, City Engineer for the I have carefully considered the application above referenced, from the standpoint of pr City of Euless with respect to traffic and objection to the requested vacation from th See Page 1 of 4 Pages City Engineer, City of Euless, Texas SPECIAL CONDITIONS: City of Euless, certify that to vacate utility easement esent and future needs of the city utilities, and I see no e City's standpoint. Certain electric distribution facilities exist in the portion of the public Utility Easement (Parcels No. i and 2) proposed for abandonment. A separate Electric Distribution Easement, acceptable to Texas Power and Light Company must be executed and filed of record concurrent with the recording of the abandonment ordinance. Certain communication facilities exist in the portion of the Public Utility Easement (Parcels No. 1 and 2) proposed for abandonment. A separate Commun- ications Facilities Easement, acceptable to Southwestern Bell Telephone Company must be executed and filed for record concurrent with the recording of the abandonment ordinance. 09631 I S 1PIge 2 of 4 Pages EULESS INDUSTRIAL PARK ADDITION EASEMENT LOCATION FIRST FILING AND SECOND FILING EXJ1TBTT NUMBER 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Euless, that portion of the utility easement sought to be vacated in the APPLICATION TO VACATE UTILITY EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility easement, subject to the special conditions enumerated below: LONE STAR GAS COMPANY By: See Page 1 of 4 Pages Title: TEXAS POWER 6 LIGHT COMPANY, A Division of TEXAS UTILITIES ELECTRIC By= See Page 2 of 4 Pages Title: ByUT {I} \SF��ESTE1!{�I BE'L EPHONE COMPANY Title: Man�gar_s„Sine�rin�— STORER CABLE COMPANY By: See Page 4 of 4 Pages Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate utility easement above referenced, from the standpoint of present and future needs of the City of Euless with respect to traffic and city utilities, and I see no objection to the requested vacation from the City's standpoint. SPP Pagp 1 of 4 Pages City Engineer, City of Euless, Texas .SPECIAL CONDITIONS: 1. Certain electric distribution facilities exist in the portion of the public Utility Easement (Parcels No. 1 and 2) proposed for abandonment. A separate Electric Distribution Easement, acceptable to Texas Power and Light Company must be executed and filed of record concurrent with the recording of the abandonment ordinance. 2. Certain communication facilities exist in the portion of the Public Utility Easement (Parcels No. 1 and 2) proposed for abandonment. A separate Commun- ications Facilities Easement, acceptable to Southwestern Bell Telephone Company must be executed and filed for record concurrent with the recording of the abandonment ordinance. Page 3 of 4 Pages 0963 l: 1512 EULESS INDUSTRIAL PARK ADDITION EASEMENT LOCATION FIRST FILING AND SECOND FILING EXHIBIT NUMBER 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the City of Euless, that portion of the utility easement sought to be vacated in the APPLICATION TO VACATE UTILITY EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility easement, subject to the special conditions enumerated below: LONE STAR GAS COMPANY By: See Page 1 of 4 Pages Title: TEXAS POWER & LIGHT COMPANY, A Division of TEXAS UTILITIES ELECTRIC By: See Page 2 of 4 Pages Title: By: See P Title: BELL TELEPHONE COMPANY 3 of 4 Paqes STORER CABLE COMPANY By Title: qY EM DEgIGNER 3TORER CABLE COMMUNICATIONS The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate utility easement above referenced, from the standpoint of present and future needs of the City of Euless with respect to traffic and city utilities, and I see no objection to the requested vacation from the City's standpoint. See Page 1 of 4 Pages City Engineer, City of Euless, Texas SPECIAL CONDITIONS: 1. Certain electric distribution facilities exist in the portion of the public Utility Easement (Parcels No. 1 and 2) proposed for abandonment. A separate Electric Distribution Easement, acceptable to Texas Power and Light Company must be executed and filed of record concurrent with the recording of the abandonment ordinance. 2. Certain communication facilities exist in the portion of the Public Utility Easement (Parcels No. 1 and 2) proposed for abandonment. A separate Commun- ications Facilities Easement, acceptable to Southwestern Bell Telephone Company must be executed and filed for record concurrent with the recording of the abandonment ordinance. 09631 15 1 Sage 4 of 4 Pages EASEMENT LOCATION EULESS INDUSTRIAL PARK ADDITION - FIRST FILING AND SECOND FILING EXHIBIT NUMBER 4 The undersigned, owners of property abutting upon that portion of the utility easement named and described in the Application to Vacate referred to above, do hereby consent to such vacation and abandonment, and do hereby release the City of Euless from all claims for damages arising or growing out of such vacation and abandonment. JOHN GEHAN (Signature): i Address: 545 AST JOHN CARPENTER FREEWAY- SUITE 101 IRVING. TEXAS .7-5060 �S06Y OWNER: Portion of Lot B -1, Block 1, Euless Industrial Park Addition, First Filing; and Lots '7 81 9, 10, Block 1, Euless Tndustrial Park Addition, Second Filing. Address: Address: Address: Address: Address: F7i e Address: Address: Address: Address: �9 63i 151 ,4' D1891O3823 CITY OF EULESS 201 N ECTOR DR EULESS, TX 76039 -W A R N I N G -THIS IS PART OF THE OFFICIAL RECORD - -D 0 N O T D E S T R O Y F I L E D -- T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S 0 N -- COUNTY CLERK O F F I C I A L R E C E I P T T 0: CITY OF EULESS RECEIPT NO REGISTER PRINTED DATE TIME 189207407 DR92 06/29/89 11:00 INSTRUMENT FEECD AMOUNT FILED TIME 1 D1891O3823 WD 27.00 890629 11:00 CK 59366 T O T A L DOCUMENTS: 01 F E E S: 27.00 B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNFORCEABLE UNDER FEDERAL LAW. 09631 1515