HomeMy WebLinkAbout1713 11-08-2005ORDINANCE NO. 1713
AN ORDINANCE VACATING AND ABANDONING 2.5
FEET OF A 7.5 -FOOT UTILITY EASEMENT LOCATED ON
LOT 10, BLOCK 4, EDINBOROUGH ADDITION, 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 2.5 feet of the 7.5 -foot utility easement hereinafter,
specifically described, is not being used by, or useful, or convenient to the public in
general; therefore, it constitutes a public discharge 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,:
SECTION 1
THAT 2.5 feet of the 7.5 -foot utility easement located on Lot 10, Block A,
Edinborough Addition, in the City of Euless, Tarrant County, Texas, according to the
exhibit of this lot attached hereto and made a part hereof for all intents and purposes, is
hereby vacated and abandoned as a 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 8th day of November, 2005, by a vote
of 7 ayes, 0 nays, and _ 0 abstentions.
APPROVED: ATTEST:
Mary L' Saleh, Mayor
APPROVED AS TO FORM:
Susan Cri , CMC, City Secretary
APPLICATION FOR THE VACATION OF ROW/UTILITY/DRAINAGE
EASEMENT IN THE CITY OF EULESS, TEXAS
EASEMENT LOCATION �01
1(, 01
v �1� G ��✓� Ljay v.i
Date: IV - (a -0,5,
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 row /utility /drainage easement, particularly described in Exhibit No. I. 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 row /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 row /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).
A. Name
Address
Why Consent Not Obtained
B. Name
Address
Why Consent Not Obtained
5. Such row /utility /drainage easement should be vacated because:
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6. Such row /utility /drainage easement has been and is being used as follows:
THE STATE OF TEXAS )(
COUNTY OF TARR.ANT )(
�LEFORE ME, the undersigned thority, on this day personally appeared
p1't5 Or bren4ctof -e 1011V5,JwX .
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 knowledge and belief.
Seal
Notary Public, ant County, Texas
MARQUITTA EWS
*: "= MY COMMISSION EXPIRES
February 24, 2009
E -d BCOS16SLIB 31a63Id 4S 0 ebbaBO So LZ Inr
EASEMENT LOCATION
EXHIBIT NUMBER 1
Being that portion of a 7, 5
in the City of Euless, Tarrant County, Texas, and being more particularly described as
follows:
AUG. 8.2005 8:58AM MAKI AND ASSOCIATES INC.
EXHIBIT "A"
FIELD NOTES
N0. 5433 P. 2
Being a portion of o 7.5 foot wide utility Easement situated in Lot
70, Block A, Edinborough Addition, on Addition to the City of
Euless, Tarrant County, Texas, according to the Plat recorded in
Cabinet A, Slide 8106, Plot Records, Tarrant County, Texas, and
being more particularly described by metes and bounds as follows;
Commencing of the Northeast corner of said Lot 10, said point being
the in the East right of way of Maxwell Court, a 60 foot cul —de —sac
radius, from said point the center point of said cul —de —sac bears
North 89 deg. 16 min. 10 sec. West;
Thence in a Southwesterly direction along said cul —de —sac o
distance of 24.83 feet to the Point of Beginning of the tract
herein described,
Thence South 00 dog. 53 min. 05 sec. West, 5.00 feet West of and
parallel to the East line of said Lot 10, a distance of 708.53 feet
to a point for corner;
Thence North 89 deg. 08 min. 24 sec. West, 7.50 feet North of and
parallel to the South line of said Lot 10, a distance of 2.50 feet
to a point for corner;
Thence North 00 deg. 53 min. 05 sec. East, 7.50' feet West of and
parallel to the East line of said Lot 70, o distance of 103.46 feet
to a point for corner, said point being in said cul —de —sac right of
way;
Thence in a Northeasterly direction along said 60 foot radius cul-
de —sac right of way, a distance of 5.65 feet to the Point of
Beginning.
aUxj AAQ JI.J.-IJ ra:41, J'alo,
P,O. BOX 14293 ARLwGrom TEXAS 75094-1293
( 877 ) 274 -6683, Metro ( 817 ) 261 -6138
RIC04ARD C. MAKI
.. ., .0.
.i•.A '6587 vw
Richard C. Maki
Registered Professional
Land Surveyor No. 4587
Date: 7129105
Job No. 5gU-65MT
Drown By. RWM
JUL. 26. 2005 7:54AM MAKI AND ASSOCIATES INC. NU. h031 N. 1
PROPERTY DESCRIPTION
Being Lot 10, Block A, of EDINBOROUGH ADDITION, an Addition to the City of
Euless, Tarrant County, Texas, according to the plat thereof recorded in
Cabinet A, Slide 8106• of the Plat Records of Tarrant County, Texas.
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pow, per•
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14111 LANE paver pale
W 75.96'
7.5' Wit. Esm t. t
r - - - - -- tat 10 _ - - - -7
I Block A
56.0' f I
I fv
Two Story fJ4�
Brick and Stan,
Residence fG �k
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at 5' offset
I ° 1601 MA.,♦'I�ELL C1�/RT
:b
(01 Center line control monumentotion found
was used for controlling monumentotion.
Lot 9
Scale. 1" - 20'
Note:
This lot is not in the 100 year flood hazard zone, Zone A, according to the HUD Flood
Insurance Rate Mop Community Panel No. 48439C0330 J, dated 8123100. This lot is in
.clear Zone X; local drainage was not investigated.
I. the undersigned, hereby oertffy that the Survey mop hereon, and
the accompanying daserlptian, dapicts end dembes the results of
a eer.M and aecurote turv.y, made on in. ground. and to the beam
of my hnae;rdga and belief, is a true and correct depiction and
C6 OF
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deserlptfon of the sue eyed, antl that there are no
�;••� e1'b�.•
propr[y
app want enttoochments a protrusions aware boundary Mov,
''
•.d
Shortages of ono r boundary. except oa Shorn hereon. The only
eamemanls tll. undrsigned hot MricAlf gt, are the- or mho—,
....
h"ovV this proprty fa mb*t to any and all movements,
RICHMO•C.�F AKA
rmm rvatlone. and retvtattane that may be of rmcarC Any
•, • • .... .. ,r .
refrenee to the 100 yea flood pialn or flood hoard ion., ie on
488
•� 'L•
estimate based an Ihr data stated hereon, and ahould not be inlagrmled
=mctlon
am o study or d of the flooding propensiti.. of this Property.
IrQ••8U�
Note: Thb eurvey woo pafarmad In canno0am with the lransocdw+ -
Ea
deserllad in:
GF No. 0500a40SISES. 1r Texoo United TRIO. Inc.
2"Zi :W1 1j-7ru, W
Richard C. Maki
P.O. BOX 14293 ARLINGTON, TEXAS 76094 -1293
Registered Professional
( 817 ) 274 -6883, Matra ( 817 ) 261 -8138
Land Surveyor No. 4587
Legend. 0 Iron Rod Found —x —x— Wood or Wire Fence
Dote: 7122105
• Iron Rod Set 1 Control Monument
Job No. 53341 -59U
Ail iron rods are 112' rebar unless otherwise noted.
Drawn By. ASW
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lot 27
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Lot st I 1 11st��...t
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EASEMENT LOCATION
EXHIBIT NUMBER 2
The following is a plat or sketch of the row /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
row /utility /drainage easement sought to be vacated is situated, and the addition or additions in
which the portion of the row /utility /drainage easement sought to be vacated is situated. Also,
the names of record owners of the abutting lots are shown:
riCG. v• t'ulii v:7vritil i91hN1 hiYG hJJ'�kIdICi1 ii'i�. iYU i7�i i�• �
EXHIBIT "B"
PROPERTY DESCRIPTION
Being Lot 10, Block A. of EDINSOROUCH ADDITION, on Addition to the City of
Euless, Torront County, Texas, according to the plot thereof recorded in
Cabinet A, Slide 8106, of the Plot Records of Torront County, Texas.
AsH 2140
Point of
Commencing
00'
2L U, A dAF) ;1 "1 -4-4 1".
P.O. BOX 14293 ARLINGTON, TEXAS 76094 -1293
( 8)7 ) 274 -6883, Metro ( 817 ) 261 -8138
.0 .
RICHARD C. H AKQ
M_ '66 ®a
Richard C. Maki
Registered Professional
Land Surveyor No. 4567
Dote! 7129105
Job Na 59U -ESMT
Drown By. RWA4
N 89'08'24" W 75.96'
7.5' UNI. Esmt.
Soo'
�- - --- — l 'at 'O — — — — — - 7 at S'of /sel
Block A /
/
a
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u
� Lot 9
Two Story �W
o
r,
Brick and $tone a
/
O rj
Residence
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88 3Q' Scale: 1" 20'
ca0n
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Point of
eginning
R a 50.00'
m 5.6 5'
::::
0.00'
L = 24.83
Point of
Commencing
00'
2L U, A dAF) ;1 "1 -4-4 1".
P.O. BOX 14293 ARLINGTON, TEXAS 76094 -1293
( 8)7 ) 274 -6883, Metro ( 817 ) 261 -8138
.0 .
RICHARD C. H AKQ
M_ '66 ®a
Richard C. Maki
Registered Professional
Land Surveyor No. 4567
Dote! 7129105
Job Na 59U -ESMT
Drown By. RWA4
AUG. 8.2005 8:59AM MAKI AND ASSOCIATES INC.
NO. 5433 —P. 3
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�J.;Ijy1 j ' r :J:��J ►J1;1'l� 7, 1:1+.1. Richard C. Maki
P.O. BOX 14293 ARLINGTON, TEXAS 76094 -1193 Registered Professional
( 817 ) 274 -6883, Metro ( 817 ) 261 -81J8 Land Surveyor No. 4587
Outer 7129105
Job No. 59U -ESMT
Drawn Sr. RAIN
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
row /utility /drainage easement sought to be vacated in the APPLICATION TO VACATE
ROW/UTILITY/DRAINAGE EASEMENT above referenced to, do hereby consent to the
vacation and abandonment of the described portion of such row /utility /drainage easement.
ATMOS ENE)2Y - G
Title:
TX-1
Titlf
SOUTHWESTERN
• • TELENE • r•
COMCAST TV CABLE
By. .
Title:,,
The undersigned, City Engineer for the City of Euless, certify that I have carefully considered
the application to vacate row /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