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Home My WebLink About1687 05-10-2005ORDINANCE NO. 1687 AN ORDINANCE VACATING AND ABANDONING A 10 FOOT WIDE UTILITY EASEMENT LOCATED ACROSS LOTS 20, 21 R, 22R, 23R, 24, 25, 26, 27, AND 29, BLOCK 1, TRAIL LAKE ESTATES, PHASE II, 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 utility 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 The 10 foot wide utility easement located across Lots 20, 21 R, 22R, 23R, 24, 25, 26, 27, and 28, Block 1, Trail Lake Estates, Phase II, in the City of Euless, 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. SECTION 3 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 10th day of May, 2005, by a vote of 7 ayes, o nays and o_ abstentions. APPROVED: Mary Lib Saleh, Mayor VED AS TO FORM: CzeeZ Bob McFarlan , City Attorney ATTEST: usan Crim, MC, City Secretary APPLICATION FOR THE VACATION OF UTILITY/DRAINAGE EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION RAM 15 AjL l i s'r No. Date: Y—.'70 -09 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: 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; 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; 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 /« AJ ,�5 Address Why Consent Not Obtained B. Name Address Why Consent Not Obtained Such utility /drainage easement should be vacated because: 2 1 nvokc 13a14t,A13zc s'Aofet, Ao .73f, Inc,fi'E' ,p�cvzDA4 SPACE, .[��- 2y�pyrri� A-07 .2& 6. Such utility /drainage easement has been and is being used as follows: A,Cg7r— 4&2 5 4-1 771 L 6,,f THE STATE OF TEXAS )( COUNTY OF TARRANT )( BEFORE ME, the undersigned authority, on this day personally appeared T057 10r Me a//O?/ 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 5 oath state that the information contained in such application is true and correct to the best of fj. s knowledge and belief. Seal Y.P�e CYNTHIA M. DANIEL Notary Public State of Texas Commission Expires ,r JANUARY 25, 2007 Not ry Public, Tarrant County, Texas EASEMENT LOCATION IM tL Being that portion of % k,41 c, I C? to r ES791-7-4—s t'1+,1 -S -V- ,- ; 5 2�/�Si —' � s1- Z,_' 3 3 i -J67 .2 ze, 15 CA S"bC 7 .s ;7PRP14M' No «,veyi % x in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: FEE- A77AC6t�A. EASEMENT LOCATION ZRptc. i.,jeC - 97,Vi- -s 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: -tom j0-rT77W-H,--A 10' WIDE UTILITY EASEMENT ABANDONMENT TRAIL LAKE ESTATES EULESS, TEXAS A 10 feet wide utility easement across Lots 20, 24, 25, 26, 27, and 28 Block 1, TRAIL LAKE ESTATES PHASE 2, as shown on plat recorded in Volume 388 -169, Page 88, Plat records, Tarrant County, Texas, and Lots 21 -R, 22 -R, and 23 -R, Block 1, TRAIL LAKE ESTATES PHASE 2, according to revised plat recorded in Cabinet A, Slide 2204, Plat Records, Tarrant County, Texas; the centerline of said 10 feet wide easement being described as follows: BEGINNING at a point in the north line of said Lot 20, being South 89 degrees 03 minutes 58 seconds East, 5.0 feet from the northwest corner of said Lot 20; THENCE South 00 degrees 54 minutes West, parallel to the west lot line of said Lot 20 and across the west line of said Lot 21 -R, 289.97 feet to a point; THENCE across said Lot 21 -R, South 59 degrees 30 minutes East, crossing the southerly line of said Lot 21 -R at 68.48 feet from thence a' /s inch steel rod found bears North 56 degrees 32 minutes 48 seconds East 57.91 feet; continuing across Lot 22 -R South 59 degrees 30 minutes East, for a total distance of 195.04 feet to a point; THENCE across said Lot 22 -R, South 38 degrees 29 minutes 28 seconds East, crossing the southerly line of said Lot 22 -R at 32.38 feet from thence a'' /z inch steel rod found for the southeast comer of said Lot 22 -R, bears North 81 degrees 29 minutes 45 seconds East 145.44 feet; continuing across Lot 23 -R, South 38 degrees 29 minutes 28 seconds East, for a total distance of 79.39 feet to a point; THENCE continuing across said Lot 23 -R, South 08 degrees 46 minutes 17 seconds West, 43.29 feet to a point in the south line of said Lot 23 -R; THENCE across said Lot 24, South 16 degrees 18 minutes 21 seconds West, 105.67 feet to a point in the south line of said Lot 24; THENCE across said Lot 25, South 42 degrees 16 minutes 07 seconds West, 133.91 feet to a point in the south line of said Lot 25; THENCE across said Lot 26, South 08 degrees 38 minutes 24 seconds East, 98.08 feet to a point in the south line of said Lot 26; THENCE across said Lot 27, South 24 degrees 14 minutes 21 seconds East, 159.71 feet to a point in the south line of said Lot 27; THENCE across said Lot 28, South 13 degrees 17 minutes 37 seconds East, 83.59 feet to a point in the south line of said Lot 28 and the end of the easement to be abandoned and containing 11,886 square feet; Sheet 1 of 2 10' WIDE UTILITY EASEMENT ABANDONMENT TRAIL LAKE ESTATES PHASE 11 EULESS, TEXAS LOT 20, BLOCK 1 t0 WIDE \88 -169, Pg. 88 uTl SEMENT 289.97" S 00'54'W LOT 21 —R, BLOCK 1 — — Cab A, Slide 2204 w — — 195.04' r- 1\ S59 °30'E w cQ LOT 22 —R, BLOCK 1 W Cab A, Slide 2204 ;o I 0 14514 O q I S 38° 29' 28" E LOT 23 —R, BLOCK 1 v I Cab A, Slide 2204 4329' -- S08 °461rW F a N A LOT 24, BLOCK 1 Vol. 388 -169, Pg. 88 105.67" S 16° 18'21" W LOTS BLOCK 1 Vol. \ 169, Pg. 88 — NO - S42 ' S 42° 16' 0Z!— LOT 26, BLOCK 1 Vol. 388 -169, Pg. 88 S 08° 38'24" E — — April 08, 2005 SCALE 1' = 100' 0' S0' 100' 200' LOT 27, BLOCK 1 Vol. 388 -169, Pg. 88 I` i LOT 28, BLOCK 1 Vol. 388 -169, Pg. 88 SHEET 2 of 2 %S Mar-N-2005 02:40pm Frcm-COMCAST FROM : MAC —PS9 ch,SENf SIN- ' LOCATION +2143207559 7 -39; P 002 F -838 FAX K. Mar. 09 2005 11:07AM F2 FAX Nc. Mar, U 2M5 Za.'21F'm P1 Tae uodersircd puM,c utility cotapataies, acing or eatitled to uas, under thim.. terms wd psovi3ior4 of our r"ctive fraaohssas wits: the Oty of Euless, t.'�at portion of the utihtyi4raittag6 es32lr -amt SOUL: to be vacated in tkc APPTICATION. TO VACATE L721MDRAWAJOR EASEMM above refe=ced to, do hereby cone to to vw4on and StWAQ=tmt of the desc72bc4 F=ion of sucix util ty�cir$ina►gc.easeartiant. av; Title: Txv1ELs 50G 9Ti:RlY eL-f�.. TE h f�MPANY By: Title: The undw3ivnad. City Eugineor for the City of Baleen, co 07 that I havo caratully o=ddorod t4tc 3,1;11 *boll :d vacatvawlity /Qraaiaaxgc aasomoat %bovejulacnood, f-c= the srandpoiat of ursal: ltd &TL-ae reeds of the City.of Euless Wit respect to R3ffic utd city u'X[hies, and I $cc ro obyoction k the req+ eQ Vaca1= gala the City`a =dpoiac. Cite Enpinw. UTY ofBuUts9, Texas EASEMENT LOCATION 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. nT11106 ZVT T7TpTQTiiJ By: Title: TXU/ELECT By-:D--ZAJ Title: &O )Jere (on S � 4 0-4 SOUTHWESTERN BELL TELEPHONE COMPANY By: Title: AT &T CABLE WE 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 EASEMENT LOCATION 'jAA+ L f-A! 4--,;;# TCS Art -W7 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 Address: O %/s�-� �� 7 G0 :7 'e ��SS, W 2�d 39 -7,4- i� -�1�� Address: C? fah Address: 4,,1, , 7X 7 dv 3,7 Address: Add s: 2�a3 Address: Addr s