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Home My WebLink About2099 01-26-2016 ORDINANCE NO. 2099 AN ORDINANCE VACATING AND ABANDONING A PORTION OF PUBLIC RIGHT OF WAY ON VILLA DRIVE FROM A POINT APPROXIMATELY 632 FEET TO THE EAST OF S. INDUSTRIAL BOULEVARD ENCAPSULATING APPROXIMATELY 1.053 ACRES, IN THE CITY OF EULESS, TARRANT COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 4 "Streets and Public Property" establishes that the City shall have the power to establish, maintain, improve, alter, abandon, or vacate public streets, sidewalks, alleys, highways, public squares and public ways within the corporate limits of the City; and WHEREAS, the City Council approved the Midtown Planned Development Zoning District through Ordinance No. 2072 on June 23, 2015; and WHEREAS, CADG 901 Airport Freeway, LLC has requested that the City of Euless abandon a portion of Villa Drive from a point approximately 632 feet to the east of S. Industrial Boulevard encapsulating approximately 1.053 acres in order to facilitate development and construction of the Midtown project; and WHEREAS, CADG 901 Airport Freeway, LLC owns property on the north and south sides abutting this portion of Villa Drive; and WHEREAS, the City Council hereby finds that it would be in the best interests of the city, generally, to abandon this portion of the Villa Drive right of way; and WHEREAS, the City Council further finds that the following ordinance provisions promote the health, safety, and general welfare of the citizens of Euless. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, THAT: SECTION 1. The portion of Villa Drive from a point approximately 632 feet to the east of S. Industrial Boulevard encapsulating approximately 1.053 acres out of the A.J. Huitt Survey Abstract No. 684, in the City of Euless, Tarrant County, Texas, being more particularly described in "Exhibit A" and "Exhibit B", attached hereto and incorporated herein for all intents and purposes, is hereby officially vacated and abandoned as street right of way. SECTION 2. The City Council hereby finds that this ordinance is in the best interests of the City of Euless, generally. SECTION 3. SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City Council of the City of Euless, Texas, that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable and if any phrase, clause, sentence, paragraph, or section of this ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of this ordinance, since the same would have been enacted by the City Council without the incorporation in this ordinance of any such unconstitutional phrase. SECTION 4. EFFECTIVE DATE. This ordinance shall be in full force and effect from and after its passage, as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular meeting of the Euless City Council on January 26, 2016, by a vote of _ayes, o _nays, and _abstentions. APPROVED: Linda Martin, ayor C/ ATTEST: im utter, TRMC, City Secretary APPROVED AS TO FORM: LA�(( O'er Wayne K. Olson, City Attorney Ordinance No.2099,Page 2 of 5 EXHIBIT PAR FIELD NOTES BEING a 1.053 tract or parcel of land situated in the A. J. Huitt Survey Abstract Number 684, and being part of Villa Drive (a 60 foot right—of—way) and being part of a tract of land conveyed to Villa West Addition an addition to the City of Euless as recorded in Volume 388-45, Page 23, plat Records, Tarrant County, Texas; and being more particularly described as follows: BEGINNING at the southeast corner of a tract of land conveyed to Creative Child Care, INC. as recorded in Volume 7776, Page 1777, Deed Records. Tarrant County, Texas said point also being the southwest comer of said CADG 901 Airport Freeway, LLC, tract Instrument Number DZ4140253, said point also being the north right—of—way line of said Villa Drive, and being the southeast comer of Lot 3 of said Villa West Second Installment as recorded in Volume 388-52, Page 63, Plot Records, Tarrant Counny. Texas; THENCE North 89'05'31" East along said north right—of—way line of Villa Drive a distance of 630.41 feet to a point for comer; THENCE North 86'53'30" East a distance of 131.42 feet to a point for comer, said point being in the west line of a tract of land conveyed to CADG 901 Airport Freeway, LLC, as recorded in County Clerk File Number D515218862, Deed Records, Tarrant County, Texas; THENCE South 03'13'59" East along west line of said CADG 901 Airport Freeway, LLC, tract a distance of 59.83 feet to a point for comer, said point being In the south right—of—way line of said Villa Drive; THENCE South 8653'30" West along the south right—of—way line of sold Villa Drive a distance of 132.70 feet to a point for comer. THENCE South 89'05'31" West continuing along the south right—of—way line of said Villa Drive a distance of 631.56 feet to a point for corner; THENCE North 00'54'54" West departing said south right—of—way line and crossing said Villa Drive a distance of 60.00 feet to the POINT OF BEGINNING and containing 1.053 acres of land, more or less. OTE DAVID F. McCULLAH RPLS NO. 4023 DAVID*F. 'McCULLAH BROWN & GAY ENGINEERS, INC. .................... 2595 DALLAS PARKWAY, SUITE 204 t�.o9 4023 arvo FRISCO, TEXAS 75034 TELEPHONE: (972) 464-4800 SU aJ DATED 1-19-16 SURVEYOR Brown a(lay Engineers, Inc. RIGHT-OF-WAY ABANDONMENT 2595 Dallas Pkwy.,suite 204,Frisco,TX 75034 (VILLA DRIVE) ...777 Tel:972 464-4800• www.browngey.com TBPLS Registration No. 10193953 1.053 ACRES BtiylrX' B11SIS. Coayngnt rots A.J.HUITT SURVEY.ABSTRACT NO.684 FJl BEARINGS ARE BASED ON TEXAS STATE PLANE CITY OF EULESS.TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE, TARRANT COUNTY,TEXAS NORTH AMERICAN DATUM OF 1983. JANUARY 2016 SHEET I OF 2 EXHIBIT"B" LOT 1, BLOCK A BELCHASE ADDITION C.C.F.# 0197087100 D.R.T.C.T. H D DEVELOPMENT PROPERTIES, LP VOLUME 13903, PAGE 558 D.R.T.C.T. PIPE LINE AND TELEPHONE EASEMENT 25' DRAINAGE do WATER EASEMENT I LONE STAR GAS COMPANY VOL. 10462, PG. 1774 VOL. 4775, PG. 846 D.R.T.C.T. D.R.T.C.T. 10'x5' WATER ESMT 25' FIRE LANE & WATER EASEMENT I ———— — ------------ ------- ----------- I -'�-�i► ----- — ———— — 6' UTILITY EASEMENT 1 10' UTILITY EASEMENT P-( VILLA WEST SECOND INSTL. VOL. 388-52. PG. 63 1 VOL. 4691, PG. 274 VOL. 388-52, PG. 63 M•R.c T' i D.R.T.C.T. P.R.T.C.T. O¢ 6c'\ REATIVE CHILD CARE, INC. CADG 901 AIRPORT FREEWAY, LLC 1 I P�RF 021 1;,�' VOL. 7776, PG. 1777 C.C.F.# D2 1 41 40253 I 001 F � R� D.R.T.C.T. D.R.T.C.T. IPOG GG. LOT 3 P•O•B• LOT 4 10' UTILITY EASEMENT N: 6989183.8236 VOL 4691, PG. 274 E: 2399102.9843 N89'05'31"E D.R.T.C.T. 6)30.41' VILLA DRIVE -08' too 6 to z 589'05'31 / 631.56 15' DRAINAGE & UTILITY EASEMENT VOL. 388-45, PG. 23 P.R.T.C.T. CADG 901 AIRPORT FREEWAY,LLC. VILLA WEST ADDITION 1 C.C.F.# D214154503 VOL. 388-45, PG. 23 i D.R.T.C.T. P.R.T.C.T. LEGEND P.O.C. POINT OF COMMENCING P.O.B POINT OF BEGINNING I D.R.D.C.T. DEED RECORDS.TARRANT COUNTY.TEXAS P.R.D.C.T, PLAT RECORDS,TARRANT COUNTY,TEXAS VOL. VOLUME PG. PAGE 0' 40' 80' 160' Notes: I 1. Surveyor has not abstracted the property. SCALE: 1"=80 2. Property is subject to all easements of record. SURVEYOR Brown&Gay Engineers,Inc. RIGHT-OF-WAY ABANDONMENT •`� 2895 Dallas Pkwy.,Suite 204,Frisco,TX 75034 (VILLA DRIVE) Tel:972-464-4800+ www.browngay.com 1.053 ACRES TBPLS Registration No. 10193953 A.J. WITT SURVEY,ABSTRACT NO.694 covrny,c zois SAM- OF EULESS,TEXAS SIS: BEARINGS ARE BASED ON TEXAS STATE PLANE TARRANT COUNTY,TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE, JANUARY 2016 NORTH AMERICAN DATUM OF 1983. SHEET 2 OF 3 EXHIBIT"B" II owl ------ ------- — ------------------ 10, UTILITY EASEMENT VOL. 4691, PG. 274 D.R.T.C.T. N CADG 901 AIRPORT FREEWAY, LLC. CADG 901 AIRPORT FREEWAY, LLC, C.C.F.# D214140253 D.R.T.C.T. C.C.F.# D515218862 D.R.T.C.T. N86'53'30*E (A N89'05'31"E 630.41' 131.42' 10 !0(J 7X 0D(p ("i to X rn —S89*05'31"W S86-53'30"W N: 6989141.0929 132.70' 1 E: 2399868.9747 CADG 901 AIRPORT FREEWAY,LLC. C.C.F.# D214154503 1 10, UTILITY EASEMENT c.C.F.# D.R.T.C.T. 6' UTILITY EASEMENT VOL. 13 198211850 416, PG- VOL 388-45. PG. 23 D.R.T.C.T. 390 P.R.T.C.T. ————————————— LEGEND P.O.C. POINT OF COMMENCING P.O.B POINT OF BEGINNING lit D.R.D.C.T. DEED RECORDS.TARRANT COUNTY, TEXAS P.R.D.C.T. PLAT RECORDS,TARRANT COUNTY.TEXAS VOL VOLUME I PG. PAGE 0' 40' 80' 160' Notes: 1. Surveyor has not abstracted the property. SCALE: 1"=80 2. Property is subject to all easements of record. SURVEYOR Z2Brown&Gay Engineers,Inc. RIGHT-OF-WAY ABANDONMENT 2595 Dallas Pk".,Suite 204,Frisco,TX 75034 (VILLA DRIVE) Tel:972-464-4800 • www.browngay.com 1.053 ACRES TBPLS Registration No.10193953 cow"ght 2015 A.J. HUIT-r SURVEY,ABSTRACT NO.684 BFARMG SAM CITY OF EULESS,TEXAS BEARINGS ARE BASED ON TEXAS STATE PLANE TARRANT COUNTY,TEXAS COORDINATE SYSTEM, NORTH CENTRAL ZONE. JANUARY 2016 NORTH AMERICAN DATUM OF 1983. SHEET 3 OF 3 MARY LOUISE GARCIA ••• COUNTY CLERK 100 West Weatherford Fort Worth, TX 76196-0401 • M 4 #.w PHONE (817) 884-1195 THE CITY OF EULESS 201 N ECTOR DRIVE ►"""� -' r? 2 EULESS, TX 76039 (� � Y z zoos D . F :-. 'LESS Submitter: THE CITY OF EULESS _. DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 4/20/2016 8:41 AM Instrument#: D216081323 ORD 7 PGS $36.00 By. D216081323 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. T H E C I T Y O F EULESS THE STATE OF TEXAS COUNTY OF TARRANT CERTIFICATION I, KIM SUTTER, City Secretary for the City of Euless, a municipal corporation, Tarrant County, Texas, in the performance of the functions of my office, do hereby certify that the attached document is a true and exact copy of Ordinance No. 2099 of the City of Euless, as the same appears of record in the City Secretary's office, and that I am the lawful possessor and have legal custody of said record. WITNESS MY HAND AND SEAL OF SAID CITY on this 21St day of March 2016 j1OF•EU�� K m Sutter, TRMC *' *' City Secretary r a � ��9'q NT 0000►►► 201 N.Ector Drive,Euless,Texas 76039-3595 817/685-1400•Metro 817/267-4403•Fax 817/685-1416 www.ci.euless.tx.us