HomeMy WebLinkAbout1838 01-13-2009ORDINANCE NO. 1838
AN ORDINANCE VACATING AND ABANDONING FIVE
FEET (5') OF A TEN -FOOT (10') UTILITY EASEMENT
LOCATED ON LOT 10, BLOCK A, THE LANDING AT
EDEN LAKE 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 five feet (5') of the ten -foot (10') 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, THAT:
SECTION 1
Five feet (5') of the ten -foot (10') utility easement located on Lot 10, Block A, The
Landing at Eden Lake 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 APPROVED ON FIRST AND FINAL READING at a regular
meeting of the Euless City Council on the 13th day of January, 2009, by a vote of 7
ayes, o nays and o abstentions.
APPROVED:
Mary Lib galeh, Mayor
ATTEST:
san Crim, RMC, City Secretary
:•• • • -
APPLICATION FOR THE VACATION OF ROW/UTILITY /DRAINAGE
EASEMENT IN THE CITY OF EULESS, TEXAS
EASEMENT LOCATION lo a 9 D re-Ke O r; v� L o+ to 3,o c k- A
No.
Date: 1)—/0 —O F
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. 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 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;
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).
FREW ff -
Address
Why Consent Not Obtained
B. Name
Address
Why Consent Not Obtained
Such row /utility /drainage easement should be vacated because:
G Cn S"i ✓1-+r,,,11- a A oa 1 +0 IIn? IogC IL '.'n�
6. Such row /utility /drainage easement has been and is being used as follows:
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k ere
THE STATE OF TEXAS )(
COUNTY OF TAfdttNT )(
Qe..rs'�v'n
BEFORE ME, the
or
J
undersigned authority, on this day personally appeared
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.
COW A OHL
Mfr COmMiNlon bp1nn
APM 2.2012
Seal
N�N x ".A -�' ��- -
Notary Public t County, Texas
Exhibit Number I
Being a tract of land situated in the George Linney Survey, Abstract Number 939, City of Euless, Tarrant
County, Texas and being a portion of Lot 10, Block A, The Landing At Eden Lake, an addition to the City
of Euless as recorded in Cabinet B, Slide 2787, Plat Records of Tarrant County, Texas, said tract of land
being more particularly described by metes and bounds as follows:
COMMENCING at the common northwest corner of said Lot 10 and the northeast corner of Lot 9 in said
Block A, said point being in the southerly line of Drake Drive (a 50 -foot emergency access, drainage, and
utility easement);
THENCE South 00 °11'20" East, along the common westerly line of said Lot 10 and the easterly line of
said Lot 9, a distance of 1 10.00 feet to the POINT OF BEGINNING;
THENCE North 89 048'40" East, a distance of 85.00 feet to a point for corner in the common easterly line
of said Lot 10 and the westerly line of Lot 11 in said Block A;
THENCE South 00011'20" East, along said common easterly and westerly lines, a distance of 5.00 feet to a
point for corner;
THENCE South 89 °48'40" West, a distance of 85.00 feet to a point for comer in the aforementioned
common westerly line of said Lot 10 and the easterly line of said Lot 9;
THENCE North 00 °11'20" West, along said common westerly and easterly lines, a distance of 5.00 feet to
the POINT OF BEGINNING and CONTAINING 425 square feet of land area, more or less.
NOTE: This description does not reflect the results of an on the ground survey. It was prepared from the
record plat recorded in Cabinet B, Slide 2787, Plat Records of Tarrant County, Texas.
OF T
� F
Robert W. Bryan, R.P.L. September 3, 2008 tiP•'G�57E� v
ROBERT W. BRYAN
`O 5508 P
EXHIBIT NUMBER 2
1009 DRAKE DRIVE
(50' RIGHT —OF —WAY)
(PRIVATE STREET)
(EMERGEN,Y ACCESS, DRAINAGE, AND
UTILITY ESM'T.)
POINT OF
COMMENCEMENT
N.89'48'40 "E. 85.00'
1
I
1 I
1 I
9 °ol 1°0
8/2788 ° 1$ LOT 10, BLOCK A I N e/2788
THE LANDING AT EDEN LAKE
3 W CAB. 8, SLIDE 2787 2
CD 0 PLAT RECORDS, TARRANT COUNTY, TEXAS
to I:
CD I °o
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1
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POINT OF Srur. 1''�'
BEGINNING
N.00' 11'20'W. 1 N.8T9'48'40�E. 8/5.00' 7 1 5.00' 11'20'E.
5.00' / 5.00'
5.89'48 40 85.00
S.89'48'40 "W. 85.00'
NOTE: This description does not reflect the results of an an the ground TRACT A
survey. It was prepared from the record plat recoreded In Cabinet S. LAKEWOOD ADDITION
Slide 2787, Plat Records of Tarrant County. Texas. 388 -78/22
P.R.T.C.T.
U g
A .
R013ERT W. BRYAN, R.P.LS. N 5508
DOWDY LAND SURVEYO INC.
NV .6850 MANHATTAN BLVD. SUITE 310
FORT WORTH. TEXAS 76120
(817) 429 -9898
r- -- — _
;REFERENCE Na:1o3a90 - - -- -1009 DRAKE DRIVE
EL ;VDER: FIRST HORIZON LOAN CORPORATION (50' RIGHT —OF —WAY)
CO. COMMONWEALTH
� - -
.TITLE TITLE, GF# 2333000305 (PRIVATE STREET)
RET. WALL
opRCuIS -7R SNYDER (EMERGENCY ACCESS, DRAINAGE, AND
1 /2 -I.R. FNO.
DATE: 11 -30 -05 UTILITY ESM'T.)
*1/2 -I.R. FND.�
I�
5/8" I.R. SET
S_UTIL. ESM'T_B /2788
I ET. WALL
ET. WALL
I
I
25' BUILDING
LINE
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14 s'
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BRICK S FRAME
RESIDENCE. -
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LOT
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- --
-- - - - - --
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10' UTIL ESM'T. 80
c 3a / 1139
�t
_ LEGEND
FENCE
IfII TELEPHONE —r— NOTE BASIS OF BEARINGS FOR THIS SURVEY FROM
L__ -- E ECTRIC —E— DATA PROVIDED BY THE RECORDED PLAT.
#s_ caxrpOL wNUNOrt
i- I- The following easements do not affect:
I! W O I STONE ,. ,XE 6802/611, DRTCT.
�'COIICRETE� sm. ALT Subject to: The following Restrictions recorded in
D204191676, D204191677, DRTCT, xur. I• °20'
PROPERTY DESCRIPTION. Lot 10, Block A. The Landing At Eden Lake, an additon to the City of Euless, Tarrant County, Texas,
according to the Plat recorded in Cabinet B, Pages 2787 -2788, Plat Records, Tarrant County, Texas.
SURVEYOR'S STAM -N7` The undorsignea Registered Professional Land Surveyor has prepared this survey for the exclusive use of the h named purchmer,
lender and lifle company only. The Pitt. .— Iftent, r•ferenaed by the G.F. number shown hereon. and proyided b ' s;:id !itte compary
.-eB.d upen for the preparofian of thls survey. No other abstracting was performed. The undersigned aoenawledges 'he; this ..u5
and .. —t- , rice.,
h•rwn a Prue r.preseniefion of Pacts found at Ph. time of an aotuol on-tne- gr— dl - -y;' -hen u e no
enaroaehmenls, or protrusions, —.0 as shown.
The of Ili* s ryey by any parties other than those named ab-. for any other purpose shat! be c! the a ar's o - risk crn ar.r :asa
resuNing therefro m shall not be the .asponsibii7ty of the undersigned. Unauthorized use is not perrnitied witho,, gth. -pr— xrtlw
permission of Dowdy Land Surveyors, Inc.
-dw %0 v
6 ,
CNE�!:EJ d� pORa DRAWN 2BY. p.W. --
ROUND RODRIGUEZ, R.P.LS. Ir. 4987
DOWDY LAND SURVEYORS, INC.
6850 MANHATTAN BLVD. SUITE 310
FORT WORTH, TEXAS 76120
(817) 429 -9898
S.89'48'40 "W. 85.00.a...w-
� - -
1/2-I.R. FND.
RET. WALL
TRACT A
LAKEWOOD ADDITION
388 -78/22
P.R.T.C.T.
1 /2 -I.R. FNO.
_ LEGEND
FENCE
IfII TELEPHONE —r— NOTE BASIS OF BEARINGS FOR THIS SURVEY FROM
L__ -- E ECTRIC —E— DATA PROVIDED BY THE RECORDED PLAT.
#s_ caxrpOL wNUNOrt
i- I- The following easements do not affect:
I! W O I STONE ,. ,XE 6802/611, DRTCT.
�'COIICRETE� sm. ALT Subject to: The following Restrictions recorded in
D204191676, D204191677, DRTCT, xur. I• °20'
PROPERTY DESCRIPTION. Lot 10, Block A. The Landing At Eden Lake, an additon to the City of Euless, Tarrant County, Texas,
according to the Plat recorded in Cabinet B, Pages 2787 -2788, Plat Records, Tarrant County, Texas.
SURVEYOR'S STAM -N7` The undorsignea Registered Professional Land Surveyor has prepared this survey for the exclusive use of the h named purchmer,
lender and lifle company only. The Pitt. .— Iftent, r•ferenaed by the G.F. number shown hereon. and proyided b ' s;:id !itte compary
.-eB.d upen for the preparofian of thls survey. No other abstracting was performed. The undersigned aoenawledges 'he; this ..u5
and .. —t- , rice.,
h•rwn a Prue r.preseniefion of Pacts found at Ph. time of an aotuol on-tne- gr— dl - -y;' -hen u e no
enaroaehmenls, or protrusions, —.0 as shown.
The of Ili* s ryey by any parties other than those named ab-. for any other purpose shat! be c! the a ar's o - risk crn ar.r :asa
resuNing therefro m shall not be the .asponsibii7ty of the undersigned. Unauthorized use is not perrnitied witho,, gth. -pr— xrtlw
permission of Dowdy Land Surveyors, Inc.
-dw %0 v
6 ,
CNE�!:EJ d� pORa DRAWN 2BY. p.W. --
ROUND RODRIGUEZ, R.P.LS. Ir. 4987
DOWDY LAND SURVEYORS, INC.
6850 MANHATTAN BLVD. SUITE 310
FORT WORTH, TEXAS 76120
(817) 429 -9898
jc2c>°t Ora ke_ Or%Lie-
Lo t- 10
EASEMENT LOCATION
EXHIBIT NUMI3ER 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 /draina a easement sought to be vacated in the APPLICATION TO VACATE
ROW/UTiLITY AINAGE EASEMENT above referenced to, do hereby consent to the
vacation aAd described portion of such row /utility /drainage easement.
M1N
ATA EN G AT&T
"Title: v \ V \ � V ` *- Title:
ONCOR - ELECTRIC
By:
Title:
TIME - WARNER CABLE
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 oFEuless 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
Lo i' Id block �
'yo 3 J /113°)
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 ENERGY - GAS
Title:
ONCOR - ELECTRIC
Title:
AT
By-
Title: (Y\C'ti2- f7S4 DC-%LG N.
TIME - WARNER CABLE
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
foo q D/'a1 <e 0,'1ov�
EASEMENI- LOCATION Fv 3 y Z11 35
EX TMJ.T NUM 3EA 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 /UTIL=IDRAINAGrE EASEMENT above referenced to, do hereby consent to the
vacation and abando=ent of the described portion of such row /utility /drainage easement.
ATMOS ENERGY - GAS
By:
Title:
ONC O - ELE
By:
Title:
AT&T
By.
Title:
By: ._
Title:
The underaigrned, City Engineer for the City of Euless, certify that I bravo carefully considered
the application to vacate row /utility /drainage casement above ref==ced, from the standpoint of
present and future needs of the City of Euless with respect to traffic and city utilities, annd I scc
no objection to the requested vacation fi :otn the City's standpoint.
City Engineer, City of Euless, 'Texas
E/E ObOi' u04TTO -zanO •00 •dib3 agm4aunS Kd SS °TO TT- Bny -SOOZ
uo- Hug- ?-Oud 01:47 PM 5unstate Equip, McKinney TX 4597420955 2/3
/ cc) a 0 r, K e- 0 fr1 Ue,
Lo 1' 10 bf oeL �
EASEMENT LOCATION k 3 y 113 °l
EXHIBIT NUMB7r,- 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 casement sought to be vacated'. in the APPLICATION TO VACATE
ROIA' /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 ENERGY - GAS AT &T
By:
Title:
ONCOR - ELECTRIC
By:
Title:
Title:
'I1vIE- �VARNLR CAB E
The undersigned, City Engineer for the City of Euless, certify that I have carefully considered
the application to vacate row /utility /drainage easement abov ;; referenced, from the standpoint of
present and future needs of the City of Euless with respect i.o traffic and city utilities, and I see
no objection to the requested vacation from the City's standpoint.
,r
City Engineer, City of Euless, Texas
EASEMENT LOCATION n r._ K,. on' -e. L t lo
EXHIBIT NUMBER 4
The undersigned, owners of property abutting upon that portion of the row /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.
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