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Home My WebLink About1156 09-27-1994ORDINANCE NO. 1156 AN ORDINANCE VACATING AND ABANDONING A 10- FOOT SANITARY SEWER EASEMENT DESCRIBED IN VOLUME 8185, PAGE 596, OF THE DEED RECORDS OF TARRANT COUNTY, TEXAS, AND PORTIONS OF AND UTILITY EASEMENTS DESCRIBED IN VOLUME 8064, PAGE 1714, VOLUME 7975, PAGE 1876 AND VOLUME 8406, PAGE 1927 OF SAID DEED RECORDS; AND ALSO BEING IN THE BEAR CREEK BEND ADDITION, LOTS 23, 24, 25 AND 26, BLOCK A, IN THE CITY OF EULESS; DECLARING AN EFFECTIVE DATE. The City Council of the City of Euless, Texas, after careful study and consideration, has determined that a portion of the sanitary sewer easement and drainage and utility easement hereinafter specifically described, is 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 its vacation and abandonment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CTFY OF EULESS, TEXAS, THAT: SECTION 1 The 10 -foot sanitary sewer easement and drainage and utility easements located in the Bear Creek Bend Addition, Lots 23, 24, 25 and 26, Block A, in the City of Euless, particularly described in Exhibit No. 1 and shown on Exhibit No. 2, attached hereto and made a part hereof for all intents and purposes, are hereby vacated and abandoned as a sanitary sewer easement and as drainage and utility easements. SECTION 2 EFFECTIVE DATE. 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. PRESENTED AND GWEN FIRST AND FINAL READING and approved at a regular meeting of the Euless City Council on the 27th day of September 1994 ; by a vote of 7 ayes, 0 nays and 0 absentees. APPROVED: Ja (tom M ry Lib Saleh, Mayor ATTEST: Susan C im, ityi y Secretary Ordinance No. 1156 Page 2 EASEMENT LOCATION BEAR CREEK BEND EXHIBIT NUMBER 1 Being that portion of Bear Creek Bend.Addition, Lots 23, 24, 25, and 26 of Block A, in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: 10' drainage and utility easement Volume 8064, Page L714 and Volume 8406, Page 1927 and Volume 7975, Page 1876 10'sanitary sewer easement Volume 8185, Page 596 EASEMENT LOCATION BEAR CREEK BEND 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: �S�e cr 7/42 cheo' p/a 7' '0 SCALE• I'•40'�p�, L t1 i ti an ,0 l • 0 ti, � cECI i 903 , w U.F. 2 5 SABRUDDIU i sH PAUJWANI 903 WATERFORD 28 \ \ \ IO' DRAINAGF r UTILITY ESMT. \ \ VOL. SOG4, PG. 1114 4 \ VOL. 8404, 100._1921 X10' SAW. SEW. "MT. VOL. 8 �\ TO BE 8 AMANDONED vl l5' S.S.i. %\ PEGUES kkk ERFORD WAY \ 26 — ORAINA6F i tiflL FS VOL. 1915 ;PG.If'S1G tti, TO err ABANDONED 0 J y� MWAIM � � 24 � '8� � Pa BI4ANCH BENIa MONTY I LEAH HU W > — N 901. WATERFORD WA / ,1a to BLK. A Z 23 LESLIE 4 YOLA14DA o"' / 22 21 20 200 BRANCH OE-N 1.5 D.4 U.E. \�/ �% 10' 5"1. SEW. ESMT. _ VOL. 8185 , PG. 5% 10' W.4 U .E. 94.09• N 89. 5-2'5 j" W G 53.21 ' W00gGKtEEK zo?jw cUD 633 p' DRAINAGE i UTILITY ESMT. 8FA VOL, 6064 , PG. 1114 t °L.°4°`•P '9V EXHIBIT NO.2 �,f� Cartern. Burger: APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION BEAR CREEK BEND M Date: 9 -20 -94 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). L A. Name Address Why Consent Not Obtained F Name - Address Why Consent Not Obtained 5. Such utility easement should be vacated because: The sanitary sewer line has been abandoned and re- routed. Page 1 of 6 6. Such utility easement has been and is being used as follows: Abandoned sanitary sewer line THE STATE OF TEXAS COUNTY OF TARRANT X X Don Evans Vice President Pulte Home Corporation BEFORE ME, the undersigned authority, on this day personally appeared Don Evans, Vice President of Pulte Home Corporation 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 knowledge and belief. jZELDA L. McGRIFF ' MY MM"WON IXPIm Seal r Notary Public, Tarrant Couptl xas Page 2 of 6 EASEMENT LOCATION BEAR CREEK BEND 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. LONE STAR GAS COMPANY By : Title: u iu By: UT STE �� TELEPHONE COMPANY - Title: S= 2L,_ TEXAS POWE 6 LIG T COMPANY STORE CABLE COMPANY By: l By: Title: ( /v /��4. 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. ity Engineer, City of Euless Texas s t-rx-h�6,1 ,- /. 4 APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION No. BEAR CREEK BEND Date: TO THE MAYOR AND CITY COUNCIL OF THE CITY OF EULESS, TEXAS: The undersigned Lereby make application for th_ vacation and abandonment of that portion of the above named utility easement, particularly described in Exhibit No. 1, attached. In sxpport of this application, the undersigned represent and warrant -the following: 1. The undersigne4: indemnify —it ag 2 ts, expenses, and damages va�C3t4 and abandonment; Attached, marked Exhibit No. 2, is a plat or sketch o b utility easement suught to be vacated and the surrounding area to the nearest streets in all directions, showing the abutting lots and bl�cks,'and the addition in which the a- bove described portion of such utility easement is situated, together with the record uwners of such lots; 3. Attached, marked Exhibit No. 3, is the consent of public u•ilities to such vacation; 4. Attached, marked Exhibit No. 4 is the consent to such vaca- cion of all the abutting prooer6y owners, except the following: (If none, so state). A. B. Name Address Why Consent Not Obtained Name - Address Why Consent Not Obtained 5. Such utility easement should be vacated because: The sanitary sewer line has been abandoned and re— routed. Page 1 of 6 site Murray. Lot 23, Block A 200 Branch Bend Euless, Texas STATE OF TEXAS COUNTY OF TARRANT . � h -14� moo Before me, the undersigned authority, a notary public in and for said County and State, on this day personally appeared Leslie Murray, known to me to be the persons whose name is subscribed to the foregoing Instrument, and acknowledged to me that they executed same for the purpose and consideration therein expressed. Given under my hand and seal of office this —�L day of 1994 OEB81E H. MARSH c/iC7 MV COMMISSION EXPIRES January 5, 1997 Notary Public In and for the State of Texas a My Commission Expires: WITNESS MY HAND at _, Tarrant County, Texas, this the ay of 1994. anda Murray t 23, Block A 200 Branch Bend Euless, Texas - STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a notary public In and for said County and State, on this day personally appeared Yolanda Murray, known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed same for the purpose and consideration therein expressed. Given under my hand and seal of office this 16ay of �, 1994. in and for the State of Texas My Commission Expires: WITNESS MY HAND at � 1 �= day of 1994. Page 3 of 6 Tarrant County, Texas, this the DEBBIE H. MARSH MY COMMISSION EXPIRES '� °. "•:... ; " January 5,1997 in and for the State of Texas My Commission Expires: WITNESS MY HAND at � 1 �= day of 1994. Page 3 of 6 Tarrant County, Texas, this the �hjb, � 1o. 4 I�Az &2 (//- M my H man Lot 24, Block A 901 Waterford Way Euless, Texas STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a notary public in and for said County and State, on this day personally appeared Monty Huffman, known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed same for the purpose and consideration therein expressed. f` Given under my hand and seal of office this day of .1994. VICKI L. ASKEW `�(, l (' a.1 MY rpMMISSKIN EXPIRES Notary Public in and for the State of Texas ' June 12,19% My Commission Expires: c1 'f WITNESS MY HAND at tA La 51- , Tarrant County, Texas, this the 100 -dayof -Lne , 1994. Leah Huff an Lot 24, Block A 901 Waterford Way Euless, Texas STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a notary public in and for said County and State, on this day personally appeared Leah Huffman, known to me to be the persons whose name Is subscribed to the foregoing instrument, and acknowledged to me that they executed same for the purpose and consideration therein expressed. Given under my hand and seal of office this 1utkday of Ji, nom, 1994. '•�' ^i3'•• VICKI L. ASKEW _ My rcnaUissioN EXPIRES Notary Public In and for the State of Texas -a June 12, 1998 f My Commission Expires: WITNESS MY HAND at 14U -V 5+' Tarrant County, Texas, this the QFti day of .1,,; n F, , 1994. Page 4 of 6 12rb,1 .Jo. 4 Sabruddin Panjwani` _ Lot 25, Block A 903 Waterford Way Euless, Texas STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned authority, a notary public in and for said County and State, on this day personally appeared Sabruddin Panjwani, known to me to be the persons whose name is subscribed to the foregoing instrument, and acknowledged to me that they executed same for the purpose and consideration therein expressed. Given under my hand and seal of office this M day of 1994. DEBBIE H. MARSH My cnMM!ss!rnu exainE; LLB, f #� 1I{ January 5, 1897 t No ry Pubic in and for the State of Texas My Commission Expires: WITNESS MY HAND at Dallas County, Texas, this the —Lq—Y'-day of 1994 Sherali Panjwani Lot 25. Block A 903 Waterford Way Euless, Texas STATE OF TEXAS COUNTY OF DALLAS Before me, the undersigned authority, a notary public in and for said County and State, on this day personally appeared Sherali Panjwani, known to me to be the persons whose name is subscribed to the foregoing Instrument, and acknowledged to me that they executed same for the purpose and consideration therein expressed. Given under my hand and seal of office this 12f day of i " 1994. OEBB!E H. MARSH FAY COMMISSION IXPIRES Notary Public in and for the State of Texas �JSn¢ary 5. 1997 - -- °'-' c —J, My Commission Expires:_ WITNESS MY HAND at K 4VL , Dallas County, Texas, this the 1_ day of , 1994. Page 5of6 Cecilia Pegues Lot 26, Block A 906 Waterford Way 'Euless, Texas - STATE OF TEXAS COUNTY OF TARRANT Before me, the undersigned authority, a notary public In and for said County and State, on this day personally appeared Cecilia Pegues, known to me to be the persons whose name is subscribed to the foregoing Instrument, and acknowledged to me that they executed same for the purpose and consideration therein expressed. �� Given under my hand and seal of office this (� day of () �I , 1994. r�.,. \ < } 'I" •: ", DEBBIE H. MARSH wcor ISS7GN ;)( %HES January 5-1997 _ Notary Public In and for the State of Texas My Commission Expires: WITNESS MY HAND t , Tarrant County, Texas, this the day of _ rjF -- 1994. Page 6 of 6