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HomeMy WebLinkAbout1171 04-11-1995ORDINANCE NO. 1171 AN ORDINANCE VACATING REXANA STREET (A 50 -FOOT RIGHT -OF -WAY) LOCATED IN THE TUCKER ADDITION AND THE SHEPPARD SUBDIVISION; DECLARING AN EFFECTIVE DATE. The City Council of the City of Euless, Texas, after careful study and consideration, has determined that the access right -of -way hereinafter, specifically described, is not being used by, or 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 benefitted by its vacation and abandonment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1 The 50 -foot right -of -way of Rexana Street in the Tucker Addition and the Sheppard Subdivision, particularly described in Exhibit No "1" and shown on Exhibit No. "2 ", attached hereto and made a part hereof for all intents and purposes, is hereby vacated and abandoned as a fire lane and a utility easement. Exhibit Nos. "3" and "4" are attached hereto to show the concurrence of the City Engineer and abutting property owners. 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 GIVEN FIRST AND FINAL READING, and approved at a regular meeting of the Euless City Council on the 11th day of April 1995; by a vote of 7 ayes, 0 nays and o abstentions. APPROVED: Mary 06 Saleh, Mayor ATTEST: usan Crini, CMC, City Secretary APPROVED AS TO FORM: City Attorney APPLICATION FOR THE VACATION OF A PORTION OF REXANA STREET, A PUBLIC STREET IN THE CITY OF EULESS, TEXAS Application to Vacate Street No. _ DATE: March 30, 1995 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 street, particularly described in Exhibit No. 1, attached. In support of this application, the undersigned represent and warrant the following: 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 street 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 above described portion of such street 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 vacation of all the abutting property owners, except the following: (If none so state). A. Name NONE Address Why Consent Not Obtained B. Name N/A Address Why Consent Not Obtained C. Name NONE Address Why Consent Not Obtained D. Name N/A Address Why Consent Not Obtained Page 1 of 6 Pages Such street should be vacated because: Right -of -Way for the street was dedicated with the platting of the Sheppard Subdivision and the tucker Addition. The street was never constructed, and the right - of -way is currently located adjacent to property owned by the City of Euless and proposed for development as a part of the Municipal Complex Expansion. Such street has been and is being used as follows: The street right -of -way has not and is not currently being used for any public purpose by the City of any Franchised Utility Company. CITY OF EULESS NAME OF,APPLICANT "b-z^' T RT. CITY /MANAGER 201 NORTH ECTOR DRIVE EULESS TEXAS 76039 THE STATE OF TEXAS COUNTY OFTARRANT BEFORE ME, the undersigned authority, on this day personally appeared TOM HART, CITY MANAGER OF THE CITY OF EULESS, TARRANT COUNTY, TEXAS, known to me to be a credible person signer 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. � °tl PL 1 . � - V ♦ ary Public, Tarrant County, a as ;? : ':�� Catherine E. Maggio �; Commission Expires Seal ^;,,Q = June 2, 1W Pago 2 of 6 Pages Application to Vacate Street No. STREET LOCATION: SHEPPARD SUBDIVISION AND TUCKER ADDITION EXHIBIT NUMBER 1 BEING ALL THAT CERTAIN TRACT OF LAND KNOWN AS REXANA STREET, LYING BETWEEN THE EAST RIGHT OF WAY LINE OF SHEPPARD DRIVE AND THE WEST RIGHT OF WAY LINE OF CHERRY DRIVE AS SHOWN ON THE PLAT OF SHEPPARD SUBDMSION, AN ADDITION TO THE CITY OF EULESS, TARRANT COUNTY, TEXAS, RECORDED IN VOLUME 388 -M, PAGE 583, PLAT RECORDS, TARRANT COUNTY, TEXAS, DESCRIBED AS FOLLOWS: BEGINNING AT A 5/8 INCH REBAR FOUND AT SOUTHWEST CORNER OF LOT 2, BLOCK B, OF SAID SHEPPARD SUBDMSION; THENCE ALONG THE SOUTH LINE OF SAID BLOCK B, NORTH 89 DEGREES 46 MINU"T"ES 31 SECONDS EAST 297.95 FEET TO THE WEST LINE OF SAID CHERRY STREET; THENCE ALONG SAID WEST LINE, SOUTH 00 DEGREES 18 MINUTES 16 SECONDS EAST 50.00 FEET TO THE NORTHEAST CORNER OF BLOCK C, OF SAID SHEPPARD SUBDIVISION; THENCE ALONG THE NORTH LINE OF SAID BLOCK C, SOUTH 89 DEGREES 46 MINUTES 31 SECONDS WEST 297.95 FEET TO THE NORTHWEST CORNER OF SAID BLOCK C; THENCE NORTH 00 DEGREES 17 MINUTES 53 SECONDS WEST 50.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.34 ACRES OF LAND. March 16, 1995 Marshall Lancaster RPLS 4873 Date i, Page 3 of 6 Pages Application to Vacate Street No. The following is a plat or sketch of the street 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 street sought to be vacated is situated, and the addition or additions in which the portion of the street sought to be vacated is situated. Also, the names of record owners of the abutting lots are shown: EYHIBIT NUMBER 2 TROJAN TRAIL 2 3 m o.b Remainder of Block B, Sheppard Subdivision 9.9 I Vol. 388 M, Pg. 583 o u P.R. -3 C.T. a c4 w �o mo PC bD I 3 0 z L w FOUND S 89'46'31 "'N EBR �r 1 3 U c M o co 0 Y •— U O > O Q w U 0U) �F n LLJ �w v °CCc oa n E L O 01N 15 STATE HIGHWAY 183 Job NoI 940087A IDatel 3/7/95 Drawn ByI SLH Checked Byl MLL `fP MARSHALL LANCASTER & ASSOCIATES •' Consulting Land Surveyors t{ 4873 arrsslo 1864 Nor.00C 7rvr. Sul. E SUF; � T.v.. 76 4 W tro (017) 2U)� F.x (e17> 202-2231 Proposed Street Abandonment PAi/F7.11 Tucker Addition Vol. 388 -37, Pg. 60 P.R.T.C.T. N b N N b h N m 0 0 U w � � a 0 0 �o 0 b N W n W U E 0 60 0 fA GRAPHIC SCALE IN FEET EXHIBIT SHOWING PROPOSED ABANDONI,IENT OF REXANA STREET EULESS, TEXAS P.a. 4 of 6 P.g.. Application to Vacate Street No. 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 street sought to be vacated in the APPLICATION TO VACATE Street above referenced to, do hereby consent to the vacation and abandonment of the described portion of such street. LONE STAR GAS COMPANY By: SEE PAGE 5 B OF 6 PAGES Title: TEXAS UTILITIES ELECTRIC COMPANY By: SEE PAGE 5 C OF 6 PAGES Title: SOUTHWESTERN BELL TELEPHONE COMPANY By: SEE PAGE 5 D OF 6 PAGES Title: TCI CABLE VISION By: SEE PAGE 5 E OF 6 PAGES Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate street 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. /62" I H. Kruc me er, P.E., R.P.L.S. City Engineer, City of Euless, Texa Page 5 A of 6 Pages Application to Vacate Street No. 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 street sought to be vacated in the APPLICATION TO VACATE Street above referenced to, do hereby consent to the vacation and abandonment of the described portion of such street. LONE STAR GAS COMPANY M- TEXAS UTILITIES ELECTRIC COMPANY A Title: SOUTHWESTERN BELL TELEPHONE COMPANY By: Title: TCI CABLE VISION By: Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate street 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. Paul H. Kruckemeyer, P.E., R.P.L.S. City Engineer, City of Euless, Texas "B" Page 5 of 6 Pages Application to Vacate Street No. 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 street sought to be vacated in the APPLICATION TO VACATE Street above referenced to, do hereby consent to the vacation and abandonment of the described portion of such street. LONE STAR GAS COMPANY SOUTHWESTERN BELL TELEPHONE COMPANY By: Title: M Title: TEXAS UTILITIES ELECTRIC COMPANY TCI CABLE VISION 37 Title: By: Title: I ,5/q.- The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate street 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. Paul H. Kruckemeyer, P.E., R.P.L.S. City Engineer, City of Euless, Texas „C„ Page 5 of 6 Pages Application to Vacate Street No. 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 street sought to be vacated in the APPLICATION TO VACATE Street above referenced to, do hereby consent to the vacation and abandonment of the described portion of such street. LONE STAR GAS COMPANY 32 Title: SOUT WESTERN BELL TELEPHONE COMPANY By: Title: TEXAS UTILITIES ELECTRIC COMPANY TCI CABLE VISION 9M Title: Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate street 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. Paul H. Kruckemeyer, P.E., R.P.L.S. City Engineer, City of Euless, Texas „p" Page 5 of 6 Pages Application to Vacate Street No. 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 street sought to be vacated in the APPLICATION TO VACATE Street above referenced to, do hereby consent to the vacation and abandonment of the described portion of such street. LONE STAR GAS COMPANY By: Title: TEXAS UTILITIES ELECTRIC COMPANY WS Title: SOUTHWESTERN BELL TELEPHONE COMPANY un Title: TCI CABL VISION By: q -q',3 5 Title: TCI CA LEVISIDN FIELD ENGINEER The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate street 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. Paul H. Kruckemeyer, P.E., R.P.L.S. City Engineer, City of Euless, Texas „E„ Page 5 of 6 Pages Application to Vacate Street No. EXHIBIT NUMBER 4 The undersigned, owners of property abutting upon that portion of the street 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. CITY OF EULESS, TOM HART CITY MANAGER Address: 201 NORTH ECTOR DRIVE Address: EULESS, TEXAS 76040 Address: Address: Address: Address: Address: Address: Address: Address: Page 6 of 6 Pages