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HomeMy WebLinkAbout2451 06-09-2026ORDINANCE NO. 2451 AN ORDINANCE VACATING AND ABANDONING A PORTION OF MIDPARK LANE IN THE CITY OF EULESS, TARRANT COUNTY, TEXAS; DECLARING THAT SUCH PROPERTY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY OF EULESS TO EXECUTE A QUITCLAIM DEED RELEASING PUBLIC OWNERSHIP, INTEREST AND CONTROL OF THIS RIGHT-OF-WAY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Euless, Texas (the "City"), is a home rule city acting under its charter adopted by the electorate pursuant of Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the City Council of the City of Euless, after careful study and consideration, has determined that 0.059 acres (2569 sq. ft.) of right-of-way for Midpark Lane, as more particularly in Exhibit "A", is not being used by, nor useful or 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; and WHEREAS, in order to remove any question as to the continued interest or ownership of the public in said right-of-way to be vacated and abandoned, the City desires to execute a Quitclaim Deed releasing all title, ownership and control in said right-of-way to the owner or owners of the abutting property. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS: SECTION 1. The portion of Midpark Lane described and depicted in Exhibit "A", attached hereto, is vacated and abandoned as public property. The right-of-way so vacated and abandoned shall revert in fee simple to the owner or owners of the abutting properties. This ordinance does not vacate or abandon any public easements. SECTION 2. The Mayor of the City is hereby authorized and directed to execute a Quitclaim Deed to the abutting property owner or owners in the form shown in Exhibit "B" releasing all claims to title, ownership, or control of the right-of-way on behalf of the City. A copy of this Quitclaim Deed shall be presented for filing with the County Clerk of Tarrant County, Texas, by the office of the City Secretary. The Grantee shall within one year of the filing of this quitclaim deed, file with the City of Euless, and County of Tarrant, a Final Plat reflecting the incorporation of the Property within Lot 14, Block A, Hideaway Addition, Euless, Texas. SECTION 3. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs, and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 4. EFFECTIVE DATE. This Ordinance shall be in full force and effect from and after its passage, as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on June 9, 2026, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: Tim Stinneford, M. or ATT Sutter, TRMC, MMC City Secretary/Chief Governance Officer City Attorney Ordinance No. 2451, Page Page 2 of 5 EXHIBIT "A" LEGAL DESCRIPTION OF A 0.0590 ACRE PORTION OF MIDPARK LANE TO BE ABANDONED Being a tract out of the S. Huitt Survey, Abstract No. 705 and situated in the City of Euless, Tarrant County, Texas, being surveyed by Miller Surveying, Inc. of Colleyville, Texas in August of 2025, said tract being that same portion of the right-of-way dedication of Midpark Lane according to the plat of Hideaway Addition, an addition to the City of Euless, Texas recorded in Cabinet A, Slide 4201 of the Plat Records of Tarrant County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a 1/2 inch "MILLER 5665" capped steel rod set for the northeast corner of said right-of-way dedication, said rod being the southeast corner of Lot 14, Block A of said Hideaway Addition; Thence South 00 degrees 27 minutes 32 seconds East with the easterly boundary line of said right-of-way dedication a distance of 30.00 feet to a cross in concrete set for the southeast corner thereof, said cross being in the northerly boundary line of Block G, Midway Square Phase II, an addition to the City of Euless according to the plat thereof recorded in Cabinet A, Slide 10145 of said Plat Records; Thence South 89 degrees 51 minutes 02 seconds West with the southerly boundary line of said right-of-way dedication and with said northerly boundary line a distance of 127.89 feet to a 1/2 inch steel rod found for the most westerly corner of said right-of-way dedication, said rod being the southwest corner of said Lot 14 and also being in a curve to the right with a radius of 293.68 feet and whose chord bears North 76 degrees 37 minutes 59 seconds East at 131.20 feet; Thence northeasterly with the northerly boundary line of said right-of-way dedication and the southerly boundary line of said Lot 14 and with said curve through a delta angle of 25 degrees 48 minutes 54 seconds East and along and arc length of 132.32 feet to the point of beginning and containing 0.0590 acre of land, more or less. This is to certify that: a) This document serves as my graphic representation of a land survey of the 0.0590 acre road abandonment shown and described hereon; b) Said survey being performed on the ground, under my supervision, on August 20, 2025; c) The boundary lines and dimensions indicated hereon are based on said survey and are true and correct; and d) As of the Date of Certification, the corner monuments shown hereon were in place as indicated. Date of Certification: August 25, 2025 MILLER SURVEYING, I 11 Professional Precision. PO Box 1041 • Colleyville TX 76034 817-577-1052 millersurvey.net TxLSF No.10100400 NC Survey Exhibit Sheet 2 of 2 Job No. 25037 • Plot File 25037 Abdt Ordinance No. 2451, Page Page 3 of 5 7IVThL .7N!7N1 1Q 0 �.�.�.�.� '8006 HQI'IS `19r I.UNIgVO HIDEAWAY COURT 3HI11nbs XVMQIW - ' xoo'Ii (A 50 foot public right-of-way) H 0 TOZ17 7S V '9133 -luawaso 011-111 Or -if N H 0 N 05°29'49Vg 100.66 H 0 0.1 N MIDPARK LANE (A 60 foot public right-of-way) eh Utility Easement Cab. A SL 1 L(" � H 0 H 0 0 BLOCK G - MIDWAY S pd Water Valve 6 Telecom Pedestal • 1 /2" steel rod found x Cross in concrete found Ln N CI) Zo N Z • 0 U 0 N r r) Job No. 25037 • Plot File 25037 Abdt Survey Exhibit Sheet 1 of 2 Ordinance No. 2451, Page Page 4 of 5 STATE OF TEXAS § § COUNTY OF TARRANT § EXHIBIT "B" QUITCLAIM DEED KNOW ALL MEN BY THESE PRESENTS: For and in consideration of the sum of Ten Dollars ($10.00) and for other good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, and in accordance with Ordinance No. 2451, the City of Euless ("Grantor"), does hereby bargain, sell, release, vacate, abandon, and forever quitclaim unto New Filers Investment, LLC, and any and all of its heirs, legal representatives, or assigns, all of Grantor's right, title, and interest in and to the following described Property in Tarrant County, Texas: The approximate 0.059 acres (2569 sq. ft.) of right-of-way for Midpark Lane, as more particularly in Exhibit "A". TO HAVE AND TO HOLD all of Grantor's right, title, and interest in and to the above described property unto the said Grantee, its heirs and assigns forever, so that neither Grantor nor its heirs, legal representatives, or assigns shall have, claim, or demand any right or title to the aforesaid property, premises or appurtenances or any part thereof. EXECUTED this 9th day of June, 2026. GRANTOR: CITY OF EULESS, TEXAS By: STATE OF TEXAS § § COUNTY OF TARRANT § im Stinneford, yor This instrument was acknowledged before me on the 9th day of June, 2026, by Tim Stinneford, Mayor of the City of Euless, Texas, a municipality, on behalf of said municipality. Notary Public in and for the State of Texas Type or Print Notary's Name My Commission Expires: Ordinance No. 2451, Page Page 5 of 5