HomeMy WebLinkAbout1172 04-11-1995ORDINANCE NO. 1172
AN ORDINANCE VACATING AND ABANDONING A 15-
FOOT WIDE PUBLIC ALLEY LOCATED IN 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 public alley 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
A portion of the public alley located in 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, o nays and o abstentions.
APPROVED:
Mary LilY Saleh, Mayor
ATTEST:
S
usan Crim, CMC, City Secretary
APPROVED AS TO FORM:
'F 4L s�N
/City Attorney
•i
APPLICATION FOR THE VACATION OF A PORTION
OF A 15 -FOOT WIDE PUBLIC ALLEY IN THE
Application to Vacate
Alley No.
SHEPPARD SUBDIVISION,
IN THE CITY OF EULESS, TEXAS
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 Alley, 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 Alley 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 Alley
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
Address
Why Consent Not Obtained
Name NONE
Address
Why Consent Not Obtained
Name N/A
Address
Why Consent Not Obtained
Page 1 of 6 Pages
Such Alley should be vacated because:
No pavement was ever installed in the Alley right -of -way. The City of Euless is the Fee
Owner of all abutting property and proposes to incorporate the vacated portion into the
development of the Municipal Complex Campus.
6. Such Alley has been and is being used as follows:
The Alley is currently being used by Franchised Public Utility Companies. The facilities
provide service to the Municipal Complex. Construction of the proposed Ibirary and
other site improvements on the campus, will require relocation /abansonment of these
facilities in the Alley right -of -way.
CITY OF EULESS
NAME O APPLICANT
M HART, 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.
Catherine E. DiMaggio
ry Public, Tarrant Coun , T ca
! „4 Commission Expires
June 2. 1996
n ?:w*
Seal
Page 2 of 6 Pages
Application to Vacate
Alley No.
ALLEY LOCATION: SHEPPARD SUBDIVISION
EXHJIBIT NTMBER 1
BEING A PORTION OF THAT CERTAIN 15.00 FOOT WIDE ALLEY IN BLOCK C OF
SHEPPARD SUBDIVISION, 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 1/2 INCH REBAR FOUND AT THE NORTHWEST CORNER OF SAID
15 FOOT ALLEY;
THENCE ALONG THE NORTH LINE OF SAID BLOCK C, NORTH 89 DEGREES 46
MINUTES 31 SECONDS EAST 15.00 FEET TO THE NORTHEAST CORNER OF SAID
ALLEY,
THENCE ALONG THE EAST LINE OF SAID ALLEY, SOUTH 00 DEGREES 17 MINUTES
39 SECONDS EAST 899.82 FEET TO THE NORTH LINE OF STATE HIGHWAY NUMBER
183;
THENCE ALONG SAID NORTH LINE, SOUTH 89 DEGREES 42 MINUTES 07 SECONDS
WEST 15.00 FEET TO A 5/8 INCH REBAR FOUND ON THE WEST LINE OF SAID
ALLEY;
THENCE ALONG SAID WEST LINE, NORTH 00 DEGREES 17 MINUTES 39 SECONDS
WEST 899.84 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.31 ACRES OF
LAND.
March 16, 1995
Marshall Lancaster RPLS 4873 Date
Page 3 of 6 Pages
Application to Vacate
Alley No.
The following is a plat or sketch of the Alley 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
Alley sought to be vacated is situated, and the addition or additions in which the portion of the Alley sought to be
vacated is situated. Also, the names of record owners of the abutting lots are shown:
EXHIBIT NUMBER 2
W
3
� O
N
LL_
Q U_
n
O- O
W
(n
Rexana Street
50' RIGHT OF WAY
1/7 REBAR N 89'46'31•E 15.00'
FOUND
Point of i
Beginning
1
2 m�
m
m
m
/
"
m
m
m
U c M
0
a GO
Y-y to
60
0 60
Rexana Street
50' RIGHT OF WAY
1/7 REBAR N 89'46'31•E 15.00'
FOUND
Point of i
Beginning
1
2 m�
m
m
m
/
"
m
m
m
U c M
a GO
Y-y to
U .—
O > -
m
U
no
O a d
/
c an
•o a
Es a
°N>
i
m
n
m
n
14 b
i
dPAPI
I 15
GRAPHIC SCALE IN SET 5/8'• REBAR
FOUND
STATE HIGHWAY 183
350' RIGHT OF WAY
IJob No, 940087A IDate- 3/7/95
Drawn By( SLH Checked Byl NLL
Lin
'iARSHALL LANCASTER & ASSOCIATES 4871
Consulting Lend Surveyors 40
,N rESS<o
186.1 Nor•ood Ufro'4 Svl. E O SURD
M .t, T... 76034
14 tro (817) 266 -6000 F. <817) 202 -2231
PROPOSED ALLEY
ABANDONMENT
Remainder of Block 1,
Tucker Addition
Vol. 388 -37, Pg. 60
P.R.T.C.T.
—S 89'42'07'W 15.00'
ri
h
m
u
c
c
0
_T
U
♦ v
� o
U
W
r•
L1 I
Z
v
EXHIBIT SHOWING
PROPOSED ABANDONMENT
OF A 15' ALLEY
EULESS, TEXAS
Pape 4 of 6 Peges
Application to Vacate
Alley 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 public Alley
sought to be vacated in the APPLICATION TO VACATE ALLEY above referenced to, do hereby
consent to the vacation and abandonment of the described portion of such Alley.
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:
TO 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 Alley 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.
aul H. Kruckem er, P.E., "Texa
City Engineer, City of Euless
Page 5 "A" of 6 Pages
Application to Vacate
Alley 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 public Alley sought
to be vacated in the APPLICATION TO VACATE ALLEY above referenced to, do hereby consent to the
vacation and abandonment of the described portion of such Alley.
LON TAR GAS C MANY
By:
Title: °^ti
TEXAS UTILITIES ELECTRIC COMPANY
32
Title:
SOUTHWESTERN BELL TELEPHONE COMPANY
By:
Title:
TCI CABLE VISION
0
Title:
The undersigned, City Engineer for the City of Euless, certify that I have carefully considered
the Application to Vacate Alley 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
Alley 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 public Alley sought
to be vacated in the APPLICATION TO VACATE ALLEY above referenced to, do hereby consent to the
vacation and abandonment of the described portion of such Alley.
LONE STAR GAS COMPANY
By:,
Title
TEXAS
By:
Title:
ELECTRIC COMPANY
SOUTHWESTERN BELL TELEPHONE COMPANY
By:
Title:
TCI CABLE VISION
0
Title:
The undersigned, City Engineer for the City of Euless, certify that I have carefully considered
the Application to Vacate Alley 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
Alley 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 public Alley sought
to be vacated in the APPLICATION TO VACATE ALLEY above referenced to, do hereby consent to the
vacation and abandonment of the described portion of such Alley.
LONE STAR GAS COMPANY
M
Title:
TEXAS UTILITIES ELECTRIC COMPANY
32
SOUT WESTERN BE TELEPHONE COMPANY
By: )
him
,LL • ^ '
TCI CABLE VISION
27
Title: Title:
The undersigned, City Engineer for the City of Euless, certify that I have carefully considered
the Application to Vacate Alley 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
Page 5 of 6 Pages
Application to Vacate
Alley 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 public Alley sought
to be vacated in the APPLICATION TO VACATE ALLEY above referenced to, do hereby consent to the
vacation and abandonment of the described portion of such Alley.
LONE STAR GAS COMPANY
M2
Title:
TEXAS UTILITIES ELECTRIC COMPANY
A
Title:
SOUTHWESTERN BELL TELEPHONE COMPANY
0
Title:
TCI CABL SIO
By: � - `i- 45
Title: FIELD ENGINEER
The undersigned, City Engineer for the City of Euless, certify that I have carefully considered
the Application to Vacate Alley 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
Alley No.
EXHIBIT NUMBER 4
The undersigned, owners of property abutting upon that portion of the Alley 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:
/rererr ;
Page 6 of 6 Pages