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Home My WebLink About1663 11-09-2004ORDINANCE NO. 1663 ORDINANCE VACATING AND ABANDONING 5 FEET OF A 10 FOOT UTILITY EASEMENT AND A 10' X 10' TRANSFORMER PAD EASEMENT LOCATED IN THE FOUNTAIN PARK ADDITION, PHASE I, IN THE CITY OF EULESS, TARRANT COUNTY, TEXAS, AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, after careful study and consideration has determined that the five feet of the ten feet utility easement and the transformer pad easement hereinafter, specifically described, is not being used by, or 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 benefited by its vacation and abandonment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1 Five feet of the ten foot utility easement and 10' X 10' transformer pad easement located in Lot 20, Block A, Fountain Park Addition, Phase I, Tarrant County, ' Texas, particularly described in Exhibit 1 and Exhibit 2 attached hereto and made a part hereof for all intents and purposes, is hereby vacated and abandoned as a utility easement, and a transformer pad 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 9�h day of November, 2004, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: / s. WKWO �_ ATTEST: Z��'osow A-55�1� % n Crim, 00C, City Secretary APPROVED AS TO FORM: APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION F0(zHI `gr� pit No. Date: 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 /J"4iag easement, 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 utility /gaeasement 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; 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 Address Why Consent Not Obtained B. Name Address Why Consent Not Obtained Such utility /drainage easement should be vacated because: 11— i 5 uN U 5t-D _ A NO U /V - rt/ectkD 4? % ,4is % > ✓t9E: c� Ro u e FOP- F"TU OeE UsAy'r w �1.�ii✓9 6. Such utility /drainage easement has been and is being used as follows: N (✓i�c t c. Lt',! E- y'f r4,"1 �� G i¢�/D `l'�S fit/Deca� T/f/Lr14/j e /YO.e f�3'Y< <SO 11ve�- THE STATE OF TEXAS )( COUNTY OF TARRANT )( BEFORE ME, the undersigned authority, on this day personally appeared rrL/ /— ol/'z /f 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 oath state that the information contained in such application is true and correct to the best of h ; s knowledge and belief. `�({lll 1111 „l, r P� CYNTHIA M. DANIEL Notary Public State of Texas Commission Expires JANUARY 25, 2007 Seal I Notary Public, Tarrant County, Texas EASEMENT LOCATION F'o Pa r/( /f%Pa osys Dri v eJ Eu /r s s TX EXHIBIT NUMBER 1 Being that portion of fca•elir �, 1,0,z' r/(/��A/ 41041, �ef,zo in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: k-xh" hi/ /� (/¢194-C cry P`7 EXHIBIT A FIELD NOTES FOR A PORTION OF A 10' UTILITY EASEMENT TO BE ABANDONED: BEING A PORTION OF LOT 20, BLOCK A, FOUNTAIN PARK ADDITION, PHASE I, AN ADDITION TO THE CITY OF EULESS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 8016, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 9.10 FEET SOUTH 58 DEGREES 51 MINUTES 19 SECONDS WEST AND 6.07 FEET NORTH 65 DEGREES 38 MINUTES 49 SECONDS WEST FROM THE NORTHEAST CORNER OF SAID LOT 20, BLOCK A, FOUNTAIN PARK ADDITION, PHASE 1; THENCE SOUTH 58 DEGREES 51 MINUTES 19 SECONDS WEST 91.24 FEET TO THE NORTHEASTERLY LINE OF PARK MEADOWS DRIVE FOR THE SOUTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED IN A CURVE TO THE LEFT WITH A RADIUS OF 60.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE TO THE LEFT 5.04 FEET TO THE SOUTHWEST CORNER OF TRACT BEING DESCRIBED, WHOSE CHORD BEARS 5.04 FEET NORTH 38 DEGREES 19 MINUTES 54 SECONDS WEST; THENCE NORTH 58 DEGREES 51 MINUTES 19 SECONDS EAST 88.43 FEET TO THE NORTHWEST CORNER OF TRACT BEING DESCRIBED; THENCE SOUTH 65 DEGREES 38 MINUTES 49 SECONDS EAST 6.07 FEET TO THE POINT OF BEGINNING AND CONTAINING 449.00 SQUARE FEET OF LAND, MORE OR LESS FIELD NOTES FOR A 10'X10' TRANSFORMER PAD EASEMENT TO BE ABANDONED: BEING A PORTION OF LOT 20, BLOCK A, FOUNTAIN PARK ADDITION, PHASE I, AN ADDITION TO THE CITY OF EULESS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 8016, PLAT RECORDS, TARRANT COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS: BEGINNING AT THE MOST NORTHEAST CORNER OF TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 24.33 FEET NORTH 65 DEGREES 38 MINUTES 49 SECONDS WEST FROM THE NORTHEAST CORNER OF SAID LOT 20, BLOCK A, FOUNTAIN PARK ADDITION, PHASE I; THENCE SOUTH 31 DEGREES 12 MINUTES 59 SECONDS EAST 10.00 FEET; THENCE SOUTH 58 DEGREES 47 MINUTES 01 SECONDS WEST 10.00 FEET; THENCE NORTH 31 DEGREES 12 MINUTES 59 SECONDS WEST 10.00 FEET; THENCE NORTH 58 DEGREES 47 MINUTES 01 SECONDS EAST 10.00 FEET TO THE POINT OF BEGINNING AND CONTAINING 100.00 SQUARE FEET OF LAND, MORE OR LESS �✓�,s'C Q.,, p __ +M1 4 -ate f�Q� � Kati t CHARLES 9. H_OOKSAJ3 8946. r / t EASEMENT LOCATION ows pr,`�P� �cc /PssJ Tj� 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 nagnes of record owners of the abutting lots are shown: E X k , *,6/ /- 6 f E )4 ; %i` f G SCALE 1 "= 30' EXEIBIT B z 0 \ (9�RrNc C \ \XrST�C >5 rR0< <rNF� EXISTING LOT 21, BLOCK A \ Ue 10' X 10' FOUNTAIN PARK ADD. LOT 20, BLOCK A \ TRANSFORMER PHASE I FOUNTAIN PARK ADD. \ PAD ESM'T. CAB. A, SLIDE 8016 PHASE I \ P.R.T.C.T. CAB. A, SLIDE 8016 \ P.R.T.C.T. PORTION OF 10' UTILITY EASEXENT TO BE ABANDONED 449.00 S.F. B�. � Xg � 1g N. �c0� <D \ C. oy 'qRk M �j � pit Gt��I so,�� BE RgOr�s S O� LOT 19, BLOCK A FOUNTAIN PARK ADD. F PHASE I CAB. A, SLIDE 8016 P.R.T.C.T. NUMBER DIRECTION DISTANCE L1 S65'38'49 "E 6.07 L2 S58'51'19 "W 9.10 L3 N65'38'49 "W 6.07 NUMBER I CD= JR= L= I LC= Cl I N38' 19'54 "W 160.00 15.04 15.04 LEGEND: TF LOYD BRANSOM SURVEYORS INC. • RON PIN O IRON PIPE CGHARLESKHOOKS,11 ''CHARLES B. HOOKS, JR. O 8015 D'ARC STAKE?REGISTERED PROFESSIONAL LAND SURVEYOR CONCRETE MONUMENT o 1028 NORTH SYLVANIA AVENUE FENCE 1-.•x F(. WORTH, TEXAS 76111 / -e- POWER LINE KS 'l •i —T T- TELEPHONE LINE�' /" `81 7 34 -3477 CABLE TELEVISION ; ' CONCRETE PAVINGt'r,.�,� ASPHALT PAVING D -79 04 -2284 DATE: 10 -20 -04 SCALE 1 "= 30' E%SIBIT C �4) Z �R69 A 0 r� r c X48 k S� / MAO 60' oh/s RgOj�s YJ- OR��F NUMBER OJ DISTANCE L1 N31'12'59 "W C4T 0 L2 \ 10.00 T/ ORO< S31'12'59 "E 10.00 LOT 21, BLOCK A FOUNTAIN PARK ADD. LOT 20, BLOCK A \ PHASE I FOUNTAIN PARK ADD. \ CAB. A, SLIDE 8016 P.R.T.C.T. CAB. PHASE OE 8016 \ IV6S 38' \ �� CONCRETE PAVING <zg.33491v P.R.T.C.T. TRANSFORMER PAD EASEMENT \ ASPHALT PAVING TO BE ABANDONED / D -79 100.00 S.F. / k S� / MAO 60' oh/s RgOj�s YJ- OR��F NUMBER DIRECTION DISTANCE L1 N31'12'59 "W 10.00 L2 N58'47'01 "E 10.00 L3 S31'12'59 "E 10.00 14 S58'47'01 "W 10.00 LEGEND: TF 0 RON PIN O IRON PIPE L BOIS D'ARC STAKE ❑ CONCRETE MONUMENT -X-X- FENCE - / -/- POWER LINE -T -T- TELEPHONE LINE -CATV- CABLE TELEVISION CONCRETE PAVING ASPHALT PAVING D -79 04 -2284 LOT 19, BLOCK A FOUNTAIN PARK ADD. PHASE I CAB. A, SLIDE 8016 P.R.T.C.T. LOYD BRANSOM SURVEYORS INC. CHARLES B. HOOKS, JR. REGISTERED PROFESSIONAL LAND SURVEYOR 1028 NORTH SYLVANIA AVENUE FT. WORTH, TEXAS 76111 (817) 834 -3477 DATE: 10 -20 -04 EASEMENT LOCATION LT- -2.0 W-- A 311 -SO UAffA iAl PA%4- 4( 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 utility /drainage easement sought to be vacated in the APPLICATION TO VACATE UTILITY /DRAINAGE EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility /drainage easement. TXU /GAS By:� Title: RrssL i mk/, N TXU /ELECTRIC // By: W"L Title: "/ //L / / Y SOUTHWESTERN BELL TEL P ONE CrMPANY By: Title: COMCAST TV In 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 OCT -18 -2004 03:49 PM GeeandAssoc 817 887 3889 P.02 EASEMENT LOCATION �1 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 APPLICATION TO VACATE UTILITY/DRAINA.CE EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility /drainage easement. TXU /GAS SOUTHWESTERN BELL TELEPHONE COMPANY By: By: Title: Title: TXU/ELBCTRIC COMCAST TV CABLE By: By:� Title, Title:— The undersigned, City Engineer for the City of Eulesa, certify that I have cwvfWly considered the application to vacate utility /drainage easement shove referenced, from the standpoint of present and future needs of the City of Euless with %vbpect to traffic and city utilities, and I see no objection to the requested vacation from the Civj's standpoint. City Engineer, City of Euless, Texas Ccomcast. 1565 Chenault St Dallas, TX 75228 October 19`b, 2004 Re: Cable facilities within easement 311 Park Meadows Dr To Whom it May Concern: Comcast currently has cable facilities within the rear utility easement of the property located at 311 Park Meadows Dr - being Lot 20, Block A of the Fountain Park Addition; within the City of Euless, Tarrant County, Texas. If repair of Comcast facilities becomes necessary in the future due to damage from construction within bordering easements, the owner of said property will be responsible for the costs associated with these repairs. If it has not already taken place, please call 1- 800 - DIG -TESS to have any other facilities marked & located within any other affected easements before excavations are begun. If any other assistance is required, feel free to contact me at 214 - 320 -5471 or our Design & Planning Manager, Marty Morelan, at 214- 320 -7531. Thank you. Sincerely, Michael Rosser Draftsman — Design Department Comcast Michael_Rosser@cable.comcast.com EASEMENT LOCATION 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 cation and abandonment. (31 FAIL(4- W) Address: / Goa-/ Address: 2 GL-AN 9 � Address: 49."k-0 Address: Address: Address: Address: Address: