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HomeMy WebLinkAbout363 10-28-1969ORDINANCE NO. 363 ORDINANCE CLOSING, ABANDONING AND VACATING AN EASEMENT IN LOT A OF A PORTION OF TRACT 12, RAY SHELTON SUBDIVISION IN THE CITY OF EULESS AS HEREIN- AFTER DESCRIBED: AND DECLARING AN EMERGENCY. WHEREAS, the owners of property abutting an easement in Lot A of a portio of Lot 120, Ray Shelton Subdivision in the City of Euless, Tarrant County, Texas, have requested that said easement as hereinafter described be closed, abandoned and vacated; ar WHEREAS, said easement as hereinafter described is not now needed for public purposes; and will not be needed in the future for public purposes; and has not been I used and is not now being used. WHEREAS, the closing, abandoning and vacating of said easement will relieve the City of Euless from the cost aid expense of maintaining said easement; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULESS, SECTION I . That an easement in Lot A of a portion of Tract 12, Ray Shelton Subdivision in the city of Euless, Texas, more particularly described as follows: Being a portion of that easement in Lot A of a portion of Tract 12 Ray Shelton Subdivision, Euless, Tarrant County, Texas, granted and dedicated by Plat and dedication dated May, 1969, recorded in Volume 388 -47, Page 427, Plat Records, Tarrant County, Texas, being more particularly described as being a 5 ft. utility and drainage easement running North and South along the West side of Lot A of a portion of Tract 12, Ray Shelton Subdivision, Euless, Tarrant County, Texas, and being the only easement located on the West Side of Lot A, be, and the same is hereby closed, abandoned and vacated for public use, and the same is hereby closed, abandoned and vacated insofar as all public right, title, and interest in and to said described easement is concerned . SECTION 2. That the Mayor be, and he is hereby authorized and directed to a :ecute on behalf of the City of Euless a quit -claim deed to the portic.n of said easement herein vacated. SECTION 3. That the terms and provisions of this ordinance shall be deeme to be severable in that if the validity of any section, subsection, word, sentence or phrase shall be held to be invalid, it shall not affect the remaining part of this ordinance. r�_ SECTION 4. The fact that the above described easement is not needed by the public for public use or travel and creates a hardship and burden upon the City of Euless to maintain said easement, creates an urgency and an emergency for the immediate preservation of the public health, safety and general welfare, which requires that this ordiance shall take effect immediately from and after its passage, and it is accordingly so ordained. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF EULESS, TEXAS, this 28th day of October A. D., 1969. I /J 1 /s A. C. Krause Mayor City of Euless ATTE :� l /s/ Vada Ferris City Secretary i `,_ J. . CITY OF EULESS, TEXAS P CERTIFICATE OF CITY SECRETARY OF EULESS THE STATE OF TEXAS Q COUNTY OF TARRANT Q CITY OF EULESS Q 1, the undersigned, Vada Ferris City Secretary of the City of Euless, Texas, a municipal corporation, in the performance of the functions of my office, hereby certify that the attached ordinance is a full, true and correct copy of Ordinance # 363 as the same appears of record in my office in Vol . 9 , Page 210 , having been passed and approved by the City Council of the City of Euless, Texas, on the 28th day of October A.D., 1969, and that I am the lawful possessor and have legal custody of said record. WITNESS MY HAND AND SEAL OF OFFICE at my office in Euless, Texas, this the 31st day of October A. D., 1969. (seal) City Secretary City of Euless, Texas f�- l STATE OF TEXAS Q KNOW ALL MEN BY THESE PRESENTS THAT: COUNTY OF TARRANT Q WHEREAS by Plat and dedication dated May 1969, and recorded in Volume 388 -47, Page 427, Plat Records, Tarrant County, Texas, the following described easement was granted and dedicated on the following described property: Being a 5 ft. utility and drainage easement running North and South along the West side of Lot A, of a portion of Tract 12, Ray Shelton Subdivision, Euless, Tarrant County, Texas, and being the only easement located on the West Side of Lot A. WHEREAS said easement has not been used and is not now being used, as in consideration of the grant of a 5.foot easement of herewith on the West side of Lot A -R in said Plat, dated the day of , 1969, the City of Euless has agreed to abandon and release to Gene White and Richard J. Thomes the present owners of the property above described, said easement.. That the City of Euless, Texas, a municipal corporation situated in Tarrant County, Texas, for good and valuable consideration in hand paid by Richard J. Thomes andl - Gene White, the receipt whereof is hereby acknowledged , had quit claimed, and by these presents does quit - claim, unto the said Richard J. Thames and Gene White, all of its rights, title and interest, claim and demand in and to a certain easement on land situated in Tarrant County, Texas, bounded and described as follows: Being a 5 ft. utility and drainage easement running North and South along the West side of Lot A of a portion of Tract 12, Ray Shelton Subdivision, Euless, Tarrant County, Texas, and being the only easement located on the West side of Lot -A. With all and singular its right, title, interest, claim and demand in and to the hereditaments and appurtenances thereto belonging or in anywise pertaining; TO HAVE AND TO HOLD the above released rights, titles interest claims and demands to the said Richard J. Thomes and Gene White, their heirs and assigns forever, so that neither the City of Euless or its assigns shall have any right or title to or interest in such property, premises or appurtenances, or any part thereof, at any time hereafter. EXECUTED this 28th day of October A.D., 1969. CITY O7vVC SS, TEXAS BY: /s . Krause MAYOR ATTEST: /s/ Vada Ferris SECRETARY STATE OF TEXAS Q COUNTY OF TARRANT Q BEFORE ME, the undersigned authority, a Notary Public in and for said County and State, on this day personally appeared A. C. Krause , Mayor of the City of Euless, Texas, a municipal corporation, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said City of Euless, Texas, a municipal corporation, that he was duly authorized to perform the same by appropriate resolution of the City Council of the City of Euless, and that he executed the same as the act of the said City for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 31 st day of October A.D., 1969. Nota�Plc, Tarrant County, Texas I%