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Home My WebLink About1349 02-23-1999ORDINANCE NO. 1349 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A 15 -FEET DRAINAGE AND UTILITY EASEMENT LOCATED IN LOT 23 -R, BLOCK C OF THE CHELSEA PARK ESTATES, DECLARING AN EFFECTIVE DATE. The City Council of the City of Euless, Texas, after careful study and consideration has determined that the portion of the drainage and utility 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 benefited by its vacation and abandonment. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1 A portion of the drainage and utility easement located along the west line of Lot 23 -R, Block C, Chelsea Park Estates particularly described on Exhibit 1 and shown in Exhibit No. 2 attached hereto and made a part hereof for all intents and purposes, is hereby vacated and abandoned as a drainage and 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 23" day of February, 1999, by a vote of 7 ayes, 0 nays and 0 abstentions. ATTEST: APPROVED: I Susan Crim; CM ,City Secretary Mary Lib aleh, Mayor ROVED A5 TO FORM: / f ity Attorney APPLICATION FOR THE VACATION OF UTILITY/DRAINAGE EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION LOT 23R, Block C, Chelsea Park Estates Addition, Euless, Texas (�?9"' &Z-1 No. 221 Canterbury Date: 12/7/98 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 /drainage easement, 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 utility /drainage easement 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 utility /drainage easement 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). ALL ADJOINING PROPERTY OWNERS HAVE SIGNED. A. Name Address Why Consent Not Obtained B. Name Address Why Consent Not Obtained 5. Such utility /drainage easement should be vacated because: In order to allow adequate room in the back yard to construct a swimming pool. The swimming pool will only require abatement of 7 1/2 feet of the 15 foot easement. The pool will not interfere with the current drainage or utilities. Page 1 of 2 Y.� u° Aq .r a :J y T., 6. Such utility /drainage easement has been and is being used as follows: In the 7 1/2 feet I am requesting be vacated there are no utilities in the space nor is there any drainage that moves through this area. Due to the slope of the yard, all run -off from rainfall moves within 4 to 5 feet of the back property line. None of the water runs through the area I am requesting be vacated because it is at a higher elevation than the rest of the yard. V TRACY TAR COULSON PROPERTY OWNER laIr, l9k- THE STATE OF TEXAS )( COUNTY OF TARRANT )( BEFORE_ ME, the undersigned authority, on this day personally appeared known to meto be a credible person and one of the signers of the foregoing application, and who, after being by me duly sworn, did upon oath state that the information contained in such application is true and correct to the best of M knowledge and belief. ,....�RY PV .4 ~ TRACIE L. WHITE , j Notary Pu61ic, Siate of Texas \" `�,.' My Commission Expires eat AUG.10, 2402 Page 2 of 2 t Notary Public, Tarrant County, Texas if of s w: EXHIBIT 1 Being a 7.5 foot wide strip of land located in Lot 23 -R, Block C of the Chelsea Park Estates Addition as recorded in Volume 388 -217 Page 90 of the Map Records of Tarrant County, Texas, and being more particularly described as follows: Commencing at the southeast corner of said Lot 23 -R; Thence N 002 00' 09" W, 7.5 -feet along the east line of said Lot 23 -R to the Point of Beginning; Thence S 8Y'59' 51" W, 60 -feet to a point for corner on the west line of said Lot 23 -R; Thence N 002 00' 09" W, 7.5 -feet along the west line of said Lot 23 -R to a point for corner; Thence N 89° 59' 51" E, 60 -feet to a point for corner on the east line of said Lot 23 -R; Thence S 002 00' 09" E, 7.5 -feet along the east line of said Lot 23 -R to the Point of Beginning and Containing 450 square -feet of land. EASEMENT LOCATION 221 Canterbury EXHIBIT NUMBER 2 The following is a plat or sketch of the utility /drainage 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 utility /drainage easement sought to be vacated is situated, and the addition or additions in which the portion of the utility /drainage easement sought to be vacated is situated. Also, the names of record owners of the abutting lots are shown: See attached survey drawing, S,URVEY PLAT JIMMY W. POGUE, INC. '11) At.] PARTIES INTFRESTED IN PREMISES SURVEYED: Tlu% I% to certify that I have• this date, made a careful and accurate survey on the ground of property located .ti < No. in the city of. Lot No. -Block No. City Block No. or an addition to the Cie) of Texas, according to the recorded in Volume X 1.2 Page Records Count). Texas. C A NTER3URY STREET 24-P 17 i (SO ,043.1 47 q 7- L '9 Ile 0 1 mPt it N N: 12 2A� owl' I 2 3a 0 Af) J.d ."" rfQrrvnlNl.ln.n lhl 1' h, — II., a ...... . N.hp 11 �'"d "' 161 0-1 0-111 4 b..Sd.nR. "".; " .... ....... 0 11-1 01-IN". v- -L 1111111 I Wn, I.— ft I lit? P I .kl N' 6 1 S'111 J V i1\41i VP\ 4 IR PkflTgl SHIN. h 1J., S1 'If 'III? \I KVI % HPIC 011WR PI RP('Kl -,k ,I wm N mstrw%sumi BF A] IHLIR litsk it ( .%11) IS S"I Re"si"INSIBI 1 It 1 01 In IRS I � 'k It, P%r1)IRH1S!I I rll(. I lie R I I ROM - 0 07R' James M141—gp 0 tr 22 q e- 9 EGISTERr,E;--Pu�B—L.4'S;UR�VEYOR NO, 4490 3510 MARVIN D. LOVE DALLAS, TEXAS 75224 371-0666 FI M �MllD- CITIES ENGI HER I1 G (iMU) 12. OT 98 10 : 42/8T. 10 : 414I 0 3060191 780 P 1/1 Lot 23R, Block C Chelse Park Estates EASEMENT LOCATION , yacat -e J 5' of 15' utility/ Drainage Easement 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 utility /drainage easement sought to be vacated in the APFLICATTON TO VACATE UTTLITY/DRA.INAGE EASEMENT above referenced to, do hereby consent w the vacation and abandonment of the described portion of such utility /drainage easement. LONE ST CAS COMPANY SOUTHWESTERN BELL TELEPHONE CONTANY By By: : 'rule; r �� Vii' .' 'E'1�.. Title: yi1G2 �i✓� �4�s /�� TU ELECTRIC COMPANY TC1 CABLE COMPANY BY: By :--- - iitle: //-L. Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate utility /drainage 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. City Engineer, City of Euless, Texas SENT BY= FROM WD <71ES ENGISEERING 1 -28 -55 ; 12 =42 TC1- GARLAND 817 354 1454:4 2/ 2 .0 AIOU lace LA ,w„V` (�fClti' "112. D7' 9F 10:4F /LT. 10:41ID. 3S�,O191185 1/i Lot 23R, Block C Chelse Park Estates EASEMENT LOCATION V a :tr -7. 5, of 15 P Utility /Dr4inage Easement The undersigned pubiia utility campwdes, using or =titled to or, under the gwwm and provisions of our respeceNs ftnebJus with the City of EUW4 'that portion of thz a atilatyldraintgs eminent sought to be vamted in the APFLICA7rON TO VACATE UTII.=IDRAINAGE .EASEMENT above rafatmeed to, do hereby aonsmt to the vacation, W sbandonament of the described portion of such utility /ftirage awcment, LONE STAR GAS CONSPANY Title; TU EEZCTRYC CONTA1' Y Title: The undersigned, City F.r naer fbrr the City of EuksK certify that I have cervfuily considered the appU=Ian to vacate utility /dminags euzmerst sbom erefemwd, from the swnd*nt of preserd and future nests of the City of Euless vrlth respect to WTic and city utilities, and I see no objection to the requested vacaden from the City's standpoint. City Engineer, City of Euless, Teas H. AL ...Y a r :7 EASEMENT LOCATION 221 Canterbury, Euless, Texas EXHIBIT NUMBER 4 The undersigned, owners of property abutting upon that portion of the utility /drainage easement 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. (:)tzk Address: �a 3 Address: Address: Address: A ' Zen: /�J� %, �� aa!� s �.1 T-X 7 Q 6 Address: Address: Address: 4 i6 r J� - '.= D199068136 r •.. CITY OF EULESS 201 N ECTOR DR EULESS TX 76039 l -W A R N I N G -THIS IS PART OF THE OFFICIAL RECORD - -D O N O 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 199186809 DR98 T021863 03/19/99 09:32 INSTRUMENT FEECD 1 D199068136 WD INDEXED TIME 990319 09:32 CK 1269 T O T A L: DOCUMENTS: 01 F E E S: 19.00 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.