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Home My WebLink About1343 11-10-1998ORDINANCE NO. 1343 AN ORDINANCE VACATING A PORTION OF WHITENER DRIVE (A 50 -FOOT RIGHT -OF -WAY) LOCATED IN THE J. E. WHITENER ESTATES 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 benefited by its vacation and abandonment. NOW, THEREFORE, DE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1 A portion of the 50 -foot right-of-way of Whitener Drive in the J. E. Whitener Estates Subdivision, particularly described in Exhibit No 1" and shown on Exhibit Igo. "2 ", attached hereto and made a part hereof for all intents and purposes, is hereby vacated and abandoned. Exhibit Nos. "3" and "4" are attached hereto to show the concurrence of the City Engineer and abutting property owner. 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 L LEADING, and approved at a regular meeting of the Euless City Council on the 10th day of November 1998; by a vote of 6 ayes, 0 nays and 0 abstentions. ATT >:S T . i I Susan Crim, AMC, City Secretary A S T FORM: Z_ City Attorney APPROVED: Mary Lib S leh, Mayor rA APPLICATION FOR THE VACATION OF A PORTION OF WHITENER ROAD , A PUBLIC STREET IN THE CITY OF EULESS Application to Vacate Street No. Date: 1(,;2)vc1V?'3C 2- TO THE MAYOR AND CITY COUNCIL OF THE CITY OF EULESS: 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: 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 street sought to be vacated and the surrounding area to be 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 the 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; NONE S. Such street should be vacated because: Street has been realigned. 6. Such street has been and is being used as follows: Street is unimproved and has not been used for passage. I. L 4 1 5 Application to Vacate Street No. A( A EXHIBIT NO. Being that portion of that certain public street situated in The J.E. Whitener Estate Addition to the City of Euless, Tarrant County, Texas, and being more particularly described as follows: PROPERTY DESCRIPTION STATE OF TEXAS: COUNTY OF TARRANT: BEING a 1.066 acre tract of land situated in the W.G. Matthews Survey, Abstract No. 1052, City of Euless, Tarrant County, Texas, being a portion of Whitener Road (Called 50' R.O.W., formerly Whitener Drive.) as dedicated by the Plat of The J.E. Whitener Estate as recorded in Volume 388 -J, Page 139 of the Plat Records of Tarrant County, Texas ( PRTCT) and being more particularly described as follows: BEGINNING in the south line of said Whitener Road at the northwest corner of Lot 23, Block 2 and the northeast corner of Lot 24, Block 2 of said The J.E. Whitener Estate; THENCE N 00 019'42" E, departing the south line of said Whitener Road, a distance of 51.54 feet to a concrete monument set in the north line of said Whitener Road, the south line of line of Twin Creek Estates, an addition to the City of Euless, Tarrant County, Texas as recorded in Volume 388 -132, Page 39, PRTCT and the south line of the existing terminus of Creekside Drive (50' R.O.W.), said point being the northwest corner of the herein described tract of land; THENCE S 89 044'26" E, along the north line of said Whitener Road and the south line of the existing terminus of said Creekside Drive, at a distance of 6.59 feet passing a 1/2" iron rod found at the southeast corner of the existing terminus of said Creekside Drive, continuing along the north line of said Whitener Road and the south line of said Twin Creek Estates, a total distance of 900.51 feet to a concrete monument set at the northeast corner of said Whitener Road and the southeast corner of said Twin Creek Estates, said point lying in the west line of Stone Hollow Addition, an addition to the City of Forth Worth, Tarrant County, Texas as recorded in Cabinet A, Slide 3037, PRTCT; THENCE S 00 032'00" E, along the east line of said Whitener Road and the west line of said Stone Hollow Addition, a distance of 2.33 feet to 5/8" iron rod found at an angle point in the west line of said Stone Hollow Addition; THENCE S 00 °14'45" W, continuing along the east line of said Whitener Road and the west line of said Stone Hollow Addition, a distance of 49.21 feet to the southeast corner of said �` Whitener Road; w F �a v U- vo THENCE N 89 044'26" W, departing the west line of said Stone Hollow Addition, along the south line of said Whitener Road, at a distance of 50.00 feet passing the northeast corner of Lot 17, Block 2 of said The J.E. Whitener Estate, continuing along the north line of said Lot 17, Lots 18, 19, 20, 21, 22 and said Lot 23, Block 2 of said The J.E. Whitener Estate, a total distance of 900.62 feet to the POINT OF BEGINNING and containing 46,416 square feet or 1.066 acres of land. a. ki Application to Vacate Street No. AYA EXHIBIT NO. 2 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, and the addition or addition 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: EXHIBIT No. 2 - -I --- SLICK ROCK CHASE (STONE HOLLOW AODITIO� CAB. A, SLIDE 3037 1 7 II P.R. T.C.T. 1 I Yo S 00'3P'00•' E S 00'14'45" w _2.33' _ 49.21 _ LmCITY OF FORT WORTH CITY OF EULESS m ' o O1 50' UTIL. ESMT. �E– Z , ' \ VOL . 6995, PG. 452 /� �j D.M.C.T. SCALE: 1" - 200' _ ~NT j I • + N Er n! N Ln LO co ^ O O` 'Soll ch PORTION TO BE { I C\i ~ cr o w VACATED I — -- 46,416 SO. FT. — m 1.066 ACRES ru � L cr ti(p N 3 -—— -f°aQT m¢ n `n°i z� J��`Z�Q 7 0 C9 ru 3 — - - w (1) °I3'mi_cCOil I� tm I w l 000 o co Z 0ii� Q~a cc l 0 —em u, �ZrZ Qom, a ^ N z `n O w �Q �O LO (L C13 u J m oaIVE x a - - — rI I � , cu —�I I I I wxaQCc N 00'19'42•• E f 51.54' I l N un I CO i C 5 — —- J — m cu Y l0 o / I C? ��OJ m , I III o Q I cc I w I —J tij y Q� =I I I � EULESS GRAPEVINE ROAD Application to Vacate Street No. EXHIBIT NO. 3 1.10.1, The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchisees with the City of Euless, that portion of the public street sought to be vacated in the Application to Vacate Street above referred to, do hereby consent to the vacation and abandonment of the described portion of such street. LONE STAR GAS COMPANY BY: .L-kf TU ELECTRIC COMPANY BY: JC r )UYLlC- SOUTHWESTERN BELL TELEPHONE CO. BY: TCI CABLEVISION BY: The undersigned, acting for the City of Euless, certify that I have carefully considered the Application to Vacate Street above referred to 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. Application to Vacate Street No. N �a EXHIBIT NO. 4 The undersigned, owners of property abutting upon that portion of public street named and described in the Application to Vacate Street referred to above, do hereby consent to such vacation and abandonment, and growing out of such vacation and abandonment. The Ryland Group, Inc. Address 12200 Ford Road, Suite 400 Dallas, Texas 75234 �vJ2 = (qI- 1-1(1 v ± Name of Applica t 12200 Ford Road, Suite 400 Address Dallas, Texas 75234 `= THE STATE OF TEXAS = = COUNTY OF DAE-t� 1 a r rcz f` Ij BEFORE ME, the undersigned authority, on this day personally appeared Fred Phillips 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. t "A Notary Public in and for- Da� %a r r -a Y) 1- County, Texas BARBARA J. HULL STATE � PINA x Oc Ply Corn». Exp. 08/20/2001 t•L• h� �.L k U. D198271179 CITY OF EULESS ±s 201 N ECTOR ATTN DONNA BROWN EULESS, TX 76039 'W A R N I N G —THIS IS PART OF THE OFFICIAL RECORD - -D O N 0 T D E S T R O Y I N D E X E D - - T A R R A N T C O U N T Y T E X A S S U Z A N N E H E N D E R S O N -- COUNTY CLERK O F F I C I A L R E C E I P T T O: CITY OF EULESS RECEIPT NO REGISTER RECD —BY PRINTED DATE TIME 199056666 DR93 T008322 11/18/98 15:58 INSTRUMENT FEECD INDEXED TIME 1 D198271179 WD 981118 15:58 CG T O T A L: DOCUMENTS: 01 F E E S: 25.00 ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. B Y: ANY PROVISION WHICH RESTRICTS THE SALE RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW.