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HomeMy WebLinkAbout1174 04-25-1995ORDINANCE NO. 1174 AN ORDINANCE VACATING A 15 -FOOT ACCESS EASEMENT LOCATED IN LOTS 4R AND 5R, BLOCK A OF THE BACCARAC INDUSTRIAL PARK ADDITION DECLARING AN EFFECTIVE DATE. The City Council of the City of Euless, Texas, after careful study and consideration, has determined that the access easement 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 access easement located in the Baccarac Industrial Park Addition, particularly described in Exhibit No "1" and shown on Exhibit No. "2" and with property owner consent provided in Exhibit No. "4" of the "Application for the Vacation of Access Easement', 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. 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 25 T day of NPri 1 1995; by a vote of 7 ayes, 0 nays and 0 abstentions. APPROVED: '1" 1, J1 Mary LitYSaleh, Mayor ATTEST: i Susan Crim, CMC, City Secretary ,,A 'ROVED AS TO FORM: City Attorney a APPLICATION FOR THE VACATION OF ACCESS EASEMENT IN THE CITY OF ULESS, TEXAS EASEMENT LOCATION LOTS 4R & 5R, BACCARAC INDUSTRIAL PARK RPM Date: 3 -/37%5— 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. 16 attached,. In support of this application, the undersigned roprosont and warrant tho follvw1ng3 1. The undersigned will hold the City of Rules• harmless, and indemnify it against all suits, costs, expenses, and damages that may arise or grow out of such vacation and abandonment 2. Attached, iCarked Exhibit No, 2, it A plat or sketch of the Access easement sought to be vacated and the surrounding area to the nearest streets in all directions, showing the abutting lots and blocks, and ohs addition in which the a- bove described portion of ouch utilit¢ easement is situated, together with the record owners of such loth= 3. Attached, marked Exhibit No. 1, is the consent of public utilities to such vacation{ ` 4. Attached, marked Exhibit No, 4, to the consent to such vaca- tion of all tho abutting property owner$j tutpt the follovingi (If none, so state). A. Name Address Why Consent Not Obtained B. Name Address Why Consent Not Obtained 5. Sueil access eaBYmenE shoald be vacated beaaueeo Page i of 2 k ee65 E'13P1gMn A EASEMENT LOCATION BEING THAT PORTION OF LOT 4R AND 6R, DEDICATED AS A 16 FOOT ACCESS EASEMENT OF BACCARAC INDUSTRIAL PARK IN THE CITY OF EULESS, TARRANT COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE EAST LINE OF BACCARAC COURT, BEING S 000 21' E, A DISTANCE OF 113.36 FEET FROM THE INTERSECTION OF THE SOUTH LINE OF STATE HIGHWAY 10, WITH THE EAST LINE OF BACCARAC COURT AND BEING IN THE NORTH LINE OF A 1S FOOT ACCESS EASEMENT; THENCE N 89 041' E, A DISTANCE OF 136.75 FEET TO A POINT FOR A CORNER; THENCE S 00°19' E, A DISTANCE OF 16.00 FEET TO A POINT FOR A CORNER: THENCE S 89041'W, A DISTANCE OF 136.74 FEET TO A POINT FOR A CORNER IN THE EAST LINE OF BACCARAC COURT; THENCE N 00021' W,7ILONG SAID EAST LINE OF BACCARAC COURT, A DISTANCE OF 16.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 2061 SQUARE EET OF LAND MORE OR LESS. �.Z T JoHra .j-Ai:"( RMArj } COMPILED FROM PLAT RECORDS EASEMENT LOCATION The following is a plat or sketch of the access 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 access easement sought to be vacated to be vacated is situated, and the addition or additions in which the portion of the access easement sought to be vacated is situated. Also, the names of the record owners of the abutting lots are shown. 1() --1 S.\-\- ,/ ,' Ir — — I ' I zl I I wi MIw I I F— I V) I C I ICI ICI al? I WS JOINT VENTURE I zo n a 9 3804 BUCKINGHAM O 0 5 I BEDFORD, TEXAS 76021 I w U I gIR I I ZI o I I LOT 5R 0I I I o QS II P.O.B. /►/ t I/� N 89 - 41' E 136:75_ —�_T- Q 3 � I I -- 2051 sf U I_ _____________ N }u> I I S 89' 41' W� 136.74' Qo I I LOT 4R I M z I I MR. WILLIAM KISSEL, SR. {yt I I I 1509 BACCARAC COURT EULESS. TEXAS. 78040 I I I I I I I I I I i LOT 3R BACCARAC INDUSTRIAL PARK REC. IN CAB. A, SLIDE 561 . c<L &: 1 " =40' 0 10 20 30 40 60 60 W.B. BYRD, PERRY HOOVER KERRY McCOMBS do 808 L SAWYER S 09 19' E — 15.00' W SOUTH PIPELINE 3 4 ti 3 EASEMENT LOCATION r 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 Access easement sought to be vacatio in the APPLICATION TO VACATE ACCESS EASEMENT above referenced to, ereby consent to the vacation and abandonment of the described portio such access easement. �i LONE STAR GAS COMPANY By: Title: TEXAS POWER & LIGHT COMPAN� By: Title: TELEPHONE COMPANY STORER CABLE COMPANY By: Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate access 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, C ty of Eul.cs. Texas EASFMFNT i.00ATTON EXHIBIT NUMBER 4 The undersigned, owners of vroverty abutting uvon that portion of the Access easement named and described in the Application to Vacate referred to above, do hereby consent to such vacation and abandonment, and do hereby release Lite City of Euless from all claims for damages arising or growing out of such vacation and abandonment. S Joint Venture c o38O Buc ing Bedford, x 10 ourt ddress: 51 Buccarac C Address: Euless, Tx 76040 t c TJilliam Kissel, Sr. ` Address: 1509 Baccarac Court Address: Address: 710 Main Ft Worth, Tx 76102 l Address% Address: Addreast Address: Addresst APR 20 '95 13:41 WFC CONSTRUCTORS INC. PAGE.02 i . i"'L.3o P. IIHR S" 11:57 WFC CONSTRUCTORS INC. PAGE.O� i i G1 1�Yi11 ffCCC55 Ian llflt hip kVTn and is beinb vaed as follows; Not being used. I i 1 Applicants `Signature . 140ya- — THE STATE OF TEXAS COUNTY OF TARRAti'1 z X authority, on this day personally appear knowntto4i,e to be a credible person and one of the signers of tha foregoing application, and who, after being by me duly sworn, did upon fyi oath state that the information contained in such application is trut and correct to the best of _ h+5 kt+oNlvdga and belief. Mi ANN STONE *16tary as.EWes 0311671 public, Tarrant County, Texas Seal_ ** TOTAL PAGE.02 9 I I I n THE STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, the underoiped,authority. on this day personally appeared known to me to be a credible parson and one of the signers of the! foregoing application, and who, after being by me duly sworn, did upon t l5 oath state that the information contained in such application is true and correct to the beat of 416, knowledge and belief. qNotarublic, Tarrant County exas L Janet Bilbrey No�Y PLbee STATE OF TEXAS y Caron. Up. 7- -18-96 T11E STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, the underaianed authority, on this day personally appeared (2�� 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 A; oath state that the information contained in such application is true and correct to the best of /S knowledge and belief, (am,Janet Bilbrey Notary Pubne STATE flF TEXAS Cann. Eip. 7 -18 -96 SrAI Not Public, Tarrant County, xas