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Home My WebLink About1839 01-13-2009ORDINANCE NO. 1839 AN ORDINANCE VACATING AND ABANDONING A 30 -FOOT DRAINAGE EASEMENT LOCATED IN THE JOHN GROVES SURVEY, ABSTRACT NO. 599 (FERRELL ADDITION) WHEREAS, the City Council of the City of Euless, Texas, after careful study and consideration has determined that the 30 foot drainage 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 30 -foot drainage easement located in the John Groves Survey, Abstract No. 599 (Ferrell Addition), in the City of Euless, Tarrant County, Texas, particularly described in Exhibit A, attached hereto and made a part hereof for all intents and purposes, is hereby vacated and abandoned as a drainage 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 aleh, Mayor ATTEST: used Com TRMC, City Secretary APPROVED AS TO FORM: �Yog McFarla , City Attorney APPLICATION FOR THE VACATION OF ROW/UTILITY/DRAINAGE EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION 28/Z S, PrPc LrNF 90, 7-Y TR 3,F-1 j T'a HIV 6,q a VAS S OR V 7 yl A - S9 f 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 r #� 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; 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 Such row /utility /drainage easement should be vacated because: 7-&,5" 3a W-r,0 E' nR/aXNAGF EAS,EM FW T 6dN V E Tf F, ,� TW, - liLFSS 8Y D£ED VD L, 9Zg7, PG. 13v5- 17'i1S A flr".SCRJ-P7 -4aIV THAT 0-DES NdT C�V�"R 7- fi"�c' Fji(1STING ecitl�rZE'TE' cN.¢NNE'L /�T pfIdpFR7 -y 6. Such row /utility /drainage easement has been and is being used as follows: 7'1445417 AX e /va ,C yZS7_ZW6 Lrrf LCTSrS J?Y Th`1 S EASE r1EN7— Z5 d/Vj-Y 22X1,46 E1.5t6:D 4 e,4,- f--, "YO,�'D loo /q T —L'aey Q ,"v THE STATE OF TEXAS COUNTY OF TARRANT BEFORE JWA uI-1 5paoivEfZ RPL' S itl''3 the undersigned authority, on this day personally appeared Fer re—1 I 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 offs _ knowledge and belief. Seal 1, ,.., r . �;�., SUSAN BOWSE ?+ Notary Public, State of Texas MY Commission Expires December 27, 2011 Notary Public, Tarrant County, Texas EASEMENT LOCATION: 2812 S. PIPELINE RD., EULESS, TX EXHIBIT NUMBER 1 Being all of a 30 foot wide drainage easement conveyed to the City of Euless by deed recorded in Volume 9282, Page 135 of the Deed Records of Tarrant County, Texas (D.R.T.C.T.) situated in the City of Euless, Tarrant County, Texas, said existing drainage easement being a portion of a tract of land conveyed to Chad Ferrell by deed recorded in Instrument No. D207205673 of the D.R.T.C.T., said existing drainage easement to be abandoned being herein more particularly described by metes and bounds as follows: BEGINNING at a point on the west property line of the said Ferrell tract and on the east property line of Lot 1 of Lance Addition, being an additon to the City of Euless according to the plot recorded in Volume 388 -62, Page 27 of the Plat Records of Tarrant County, Texas, said point being located North 00'40'30° East 179.00 feet from the southwest property corner of the said Ferrell tract; THENCE, North 00'40'30" East, along the said property lines, 30.00 feet to a point; THENCE, North 89'50'08° East 104.50 feet to a point on the east property line of the said Ferrell tract and on a west property line of a tract of land conveyed to Lab Land & Cattle, Inc. by deed recorded in Volume 14013, Page 138 of the D.R.T.C.T.; THENCE, South 00'40'30" West, along the said property lines, 30.00 feet to a point; THENCE, South 89'50'08" West 104.50 feet to the POINT OF BEGINNING containing 0.072 acres (3135 square feet) of land. Page i C'IT) Uf faJl_I:SS, TL'XAS }n E ASEMENT 1 J Tf T ATF�Fjj OF TEXAS i fr67Y OF TARRANT 1 5 N 11 1000 19126 l RS/31/B8 ,,`Jt,1hW 4LL MEN SY THESE. t 1t1= t h:I',. Tnat Itn�c r Hgod�___�.-- ---- _- - °- -_-•-._ atxl oneLtc W «xla for and in cofL 9lderation of the sum of unc dollar ($1.00) ;oah t.n me in hand paid by'the .iLy of Euless, Texas, the receipt where of is I-,crclay acknowledged, Wave granted and conveyed arxi fur thuse preaentc do grant and convey unlu the said City of i:ulaaa, Ite mieceaDorn and nssignn, the• fret' and uninterrupted use, liberty, privilege, and euserncnt. nr paanirr, In nrxd along in a certain o,U% across a certain tract of land, descnbod its foltowa: EXHIBIT "A" (Altached) Arc] further do hereby give and grant to the said City of EuWas. Tnxan, o municihut corporation, of Tarrant County, Texn:, the right in construct, reconstruct and perpetually maintain 30 foot d q together with all accessary laterals In, upon nntl ncrur,!: property Al t'oyn doxcri rd. '417NFSS MY HAND rHIS !_.- 'lap of yr7�;(! A.D., 19 t� �r SIN( It I ACKHOWLEDGEMEN i ;TATS OF TL7CA5 E CCX.tNTY OF TARRANT f BEFORE ME, the undurniyned, a Notary Ptrblic in and for tail County and State, on this date uaraona iy appearud known to me that he aAacuted ;ho name for the purpottna and ennsidrr I I (I ttm.re -xpressed. CIVKN UNDER MY HAND AND SI =AL (11 OFFICE= this the _ day of _ - -_, A.D., 19 Notary Public in and ror Tarr —aw• Guunry, Texns _dt )INT ACKNOWI.EUGEMEnlT STATE f >i TLxA; I Cr,LIN-Y OF TARRANT i BEFORE ME, tttc undersrgneo, Nutar, Irubhr ui nncd for said County and Stato, nn thiv ttat personally appcurrrl _ _ -_ _ku ti XWds__ and janottf! 1 t _ his wife, both known to mn to be ltw pornons v . namri nre suberrihud on t1x• foregoing instrument, and ochnowladgad to me that L,ay each oxacutnd t1in. snrna Ira iho purposes and cunriderotion therein nxprecstd and that olio did rpot wlah to rctrin:i. it. QIYEN UhlDFR MY HANG Al'<) SLAI of OI'f ICL this the - day of A.D., 19�• otary Public in aril For Ttirrr,nt auntL`�y exo; `--� `1 -' -� `• Cl g Z 8� 0! 3 5 .. cr •M.� „Ordt4f YY+ ta' rGP� i_A.�... - iin4„ TAgGn ni-r r)--. anon,,,-., -� - -• - -• '::?'M,S'?F?;�, �.._ ..a..,!+.,�1�+nsr- Ffn;wul!• :..�:w- a,rw�vx: IN RETIJ RN TO-. DEPARTNENT OF PLAN14ING AKO DEVELOPMENT CITY OF rUI.cSS 201 N. EMOR DRIVE EULESS. TX. 70039 PHONE 283 -53D1 o92a2 013.6 Page 2 P�rta DRAINAGES Ee1Si'NT lqw EXHIBIT "An being a 30 fooc drainage easement out of the John Groves Survey, Abstract No. 549 and being a portion of a tract of land conveyed to Roscoe Woods & wife Janette Moods as recorded in Vaiume 7350, Page 1850, Deed Records, Tarrant County, Texas, said easement being more particularly described as follows: �'.I(;j :.',��(. .il 1 fit' iu.l 1 ��..� . I . ��lt�t�f �� .. tl•� .. :<,i�r 1 r Ir. THENCE Fast for a distance of 104.50 feet. to point for corner; THENCE South for a distance of 3000 feet tr a point for corner; THENCE' 'r/eat for u distance of 104.50 feet to a �o:inc for corner: 7HN,NCE North for a distance of 30.00 .feet to the 110INT OF BEGINNING; CONTA[HING 3, 135.00 square feet or 0.072 acres of land, more or less. v 0928 0137 T (-%t.f-C7 4 4 _ •l. ANY PRUVJSItE OR USE OF THE HEREfN "ICH f>'ESTRICTS T11E SMILE, RENTAL DESCRIBED NEAL f�iovE ry .; Oft RACE (S 1>yVAUD Af'io UNEN OI; EASEMENT LOCATION 28 / 2- S, X O. J Cjj L,6-S,5 T,Y EXHIBIT NUMBER 2 The following is a plat or sketch of the r w /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: -51��ec A ft c 1- "C 0 .��-f��' � �� S K- TAN LOT 2R, BLOCK A BACCARAC INDUSTRIAL PARK CAB. A, SLIDE 561 P. R. T. C. T. VAYn PEPF0PMANI F SPF( IAI INC 1521 BACCARAC CT. EULESS, TX 76040 -6652 VOL. 10160, PG. 794, D.R.T.C.T. -- ---------------------------------- ----- - - - - 'I 15' DRAINAGE & UTILITY EASEMENT 0 r-i N EXISTING 25' WIDE CONCRETE DRAINAGE CHANNEL PROPOSED 30' DRAINAGE EASEMENT CREATED BY THIS PLAT TO COVER THE EXISTING CONCRETE CHANNEL PLUS 5' TO THE SOUTH OF THE SOUTH EDGE OF THE EXISTING CONCRETE CHANNEL IF----------------- I C Ln CITY OF EULESS N89'50'08" VOL. 9282, PG. 133 D. R. T. C. T. w o BILL DRENNAN JERRY DRENNAN 2206 W. EULESS BLVD. EULESS, TX 76040 -6623 BILL DRENNAN JERRY DRENNAN VOL. 16611, PG. 265 D.R. T.C.T. LOT 1 LANCE ADDITION VOL. 388 -62, PG. 27 P. R. T. C. T. ORIGINAL ROSCOE WOODS TRACT, VOL. 7350, PG. 1850 FROM WHICH THE EXISTING 30' EASEMENT IN VOL. 9282, PG. 135 WAS ACQUIRED. o ff— EXISTING CITY OF EULESS 30' DRAINAGE ESMT. 0 VOL. 9282, PG. 135 "W l) 0.072 AC. (3135 SO. FT.) 589'50'08 0 D. R. T. C. T. v o TO BE ABANDONED 0 cn ( LAB LAND & CATTLE, INC. 6.191 AC. VOL. 14013, PG. 138 D.R.T.C.T. C. F. ELECTRIC, INC. CHAD FERRELL 3322 STOVAL ST. IRVING, TX 75061 972 - 399 -7770 0 0 CHAD FERRELL INST. No. D207205673 D. R. T. C. T. 0 40' 80' I GRAPHIC SCALE IN FEET 1 " = 40' 2812 S. PIPELINE RD., EULESS, TX SOUTH PIPELINE ROAD SEE ACCOMPANYING LEGAL DESCRIPTION OF EXISTING DRAINAGE EASEMENT TO BE ABANDONED - -