HomeMy WebLinkAbout605 12-27-1979ORDINANCE NO. 605
AN ORDINANCE VACATING AND ABANDONING
A PORTION OF A PUBLIC UTILITY EASEMENT
ON LOT 4, BLOCK 1, CROSSROAD EAST ADDI-
TION TO THE CITY OF BEDFORD, TEXAS; AND
DECLARING AN EFFECTIVE DATE.
WHEREAS, the City of Euless, Texas, acquired the assets
comprising a water system from the Municipal Service Company
of Texas, Inc.; and
WHEREAS, part of the assets so acquired included all rights -
of -way and easements theretofore granted the Municipal Service
Company of Texas, Inc., with respect to the operation of such
water system; and
WHEREAS, it appears that one of the easements and rights -of-
way so acquired was an easement and right -of -way lying and situated
in, upon and across a parcel and tract of land lying and situated
in the City of Bedford, Tarrant County, Texas, same being Lot 4 of
Block 1, Crossroad East Addition to the City of Bedford, Tarrant
County, Texas; and
WHEREAS, the City of Euless in the subsequent operation of
such water system has not utilized such easement and does not in-
tend to use such easement and, after study and consideration, has
determined that the portion of such easement lying and situated
on Lot 4, Block 1, Crossroad East Addition to the City of Bedford,
Tarrant County, Texas, is not useful, convenient or necessary to
the public in general and, therefore, constitutes a public charge
without a corresponding public benefit and that 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:
I.
That portion of a public utility easement lying and situated
in, upon and across Lot 4, Block 1, Crossroad East Addition to the
City of Bedford, Tarrant County, Texas, originally granted by Tri-
Cities Development Corporation to Municipal Service Company of
Texas, Inc., as more particularly described in and shown on Exhibits
1 and 2, attached thereto and made a part hereof for all intents
and purposes, shall be and the same is hereby vacated and aban-
doned as a public easement.
II.
This ordinance shall become effective immediately upon its
passage as provided by law.
PRESENTED AND GIV
December , 1979,
of the City of Euless,
and 0 abstentions;
on the 27th day of _
ayes, d nays and
of the City Council of
ATTEST:
EN FIRST READING ON THE 11th day of
at a regular meeting of the City Council
Texas, by a vote of 4 ayes, 0 nays
GIVEN SECOND READING, PASSED AND APPROVED
December , 1979 , by a vote of S
o abstentions, at a regular meeting
the City of Euless, Texas.
`�� , �' /-
Della Houy, City Secreta
APPROVED:
Harold Samuels, Mayor
dM
APPLICATION FOR THE VACATION OF UTILITY
EASEMENT LOCATED AT L Lot_4 - Block 1, Crossroad East
IN THE CITY OF KVXK5, TEXAS
BEDFORD
Application to Vacate Utility
Easement Located at
Block 1 - Crossroad East - Redford, Texas
No. Lot 4
Date:November 16, 1979
TO THE MAYOR AND CITY COMMISSION OF THE CITY OF EULESS, TEXAS:
The undersigned hereby make application for the vacation and abandonment
of that portion of the above named utility 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 utility 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 utility 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: NONE
Address:
Why Consent not Obtained:
B. Name:
Address:
Why Consent not Obtained:
5. Such utility easement should be vacated because:
It is not in use and has never been.
6. Such utility easement has been and is being used as follows:
It is not in use and never has been.
J. D. T ly
THE STATE OF TEXAS X
COUNTY OF Uf R AW X
.DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared
J. D. Truly
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 his oath
state that the information contained in such application is true and correct
to the best of his knowledge and belief.
/ ,
Notary Pub icG, 7444 "t unty, Texas
Dallas
Application to Vacate Utility
Easement Located At
No. Lot 4
Being that portion of
EXHIBIT N0. 1
Lot 4, Block 1, Crossroad East
in the City of Wk(!X, Tarrant County, Texas, and being more particularly
Bedford
described as follows:
LEGAL DESCRIPTION
BEING 0.6291 acres of land located in the WILLIASI I1. JASPER SURVLY,
Abstract No. 860, Tarrant County,. Texas and being a portion of.the
50.9636 acre tract of' land conveyed to Home Interiors and Gifts, 111c.
Employees Profit- Sharing Plan, by the deed recorded in Volinne 5361,
113 of the Deed Records of Tarrant County, Texas. Said 0.6291 acres
being more particularly described by metes and bounds as follows:
BEGINNING at a concrete Texas Highway Department ilonument in the hest
right of way line of Farm - Market Road No. 157, being the East line of
said 50.9636 acre tract and being at the.Northeast corner of the tract
of land conveyed to the State of Texa:s.by, the deed recorded in Volume
•4142, Page 561 of the Deed Records of Tarrant County, Texas;
THENCE along the North and West lines of said State of Texas tract being;
the new right of way line of said .Farm-Market Road No. 157 as follows:
I. S 8900$'00 "W 61.16 feet to a concrete Texas Highway Monument
for a corner;
2. S 00052'E 42.09 feet to an iron rod for a corner;
THENCE S 89045'34 "W 138.81 feet, departing said right of way line to
an iron rod for a corner;
THENCE N 00054'.'_9 "W 150.0 feet to an iron rod for a corner;
THENCE N 89045'34 "E 200.00 feet to an iron rod for a corner in the
Wust right of way lint` of said Farm- Market Road No. 157 and the East line
of said 50.9636 acrd tract;
THENCE S 00o5 / {',?9 "E 107.24 feet along said right 'of way line to the
Place of Beginning, containing 0.6291 acre (27,403 square feet) of land.
Application to Vacate Utility
Easement Located at
Block 1, Crossroad East. Bedford. Texas
No. Lot 4
EXHIBIT N0. 2
The following is a plat or sketch of the utility 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 utility easement sought to be vacated is situated,
and the addition or additions in which the portion of the utility easement
sought to be vacated is situated; Also, the namex of record owner% of the
abutting loth 4M shown:
is
J. D. Truly
530 South Carrier Parkway
Suite 302
Grand Prairie, TX 75051
{>LANKET EASEMENT TO SINCLAIR- RI= FiNINC, CA.
RECORDED IN VOL— 14Cda, PAGE roi, D.RT.CT.
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Application to Vacate Utility
Easement Locate at
Block 1, Crossroad East, Bedford, Texas
No. Lot 4
EXHIBIT NO. 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 utility easement sought to be vacated in the
Application to Vacate Utility Easement above referred to, do hereby consent
to the vacation and abandonment of the described portion of such utility
easement.
LONE G COMPANY SOUTHWESTERN BELL TELEPHONE COMPANY
BY Zito
(Title) .1 (Tit e)
TEXAS POWER AND LIGHT COMPANY
oy
f}-ss:.
The undersigned, City Engineer for the City of Euless, certify that
have carefully considered the application to vacate utility easement above
referred to 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 oC Euless, Texas
Application to Vacate Utility
Easement Located at
Block 1, Crossroad East. Bedford, Texas
No. Lot 4
EXHIBIT N0. 4
The undersigned, owners of property abutting upon that portion of the
utility 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.
J. D. Truly
Address 530 So. Carrier Pkwy., Suite 302
Grand Pra•i.rie, TX 75051
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