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HomeMy WebLinkAbout606 12-27-1979ORDINANCE NO. 606 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A PUBLIC UTILITY EASEMENT IN LOT 4, BLOCK A, BELL INDUSTRIAL DISTRICT ADDITION TO THE CITY OF EULESS; AND DECLARING AN EFFECTIVE DATE. The City Council of the City of Euless, Texas, after careful study and consideration, has determined that the portion of the public drainage easement, hereinafter specifically described, is not being used by, nor useful, nor 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 portion of the public utility easement situated in Lot 4, Block A, Bell Industrial District Addition to the City of Euless, particularly described in Exhibit 1, attached hereto and made a part hereof for all intents and purposes, is hereby vacated and abandoned as a public utility easement. SECTION 2. This Ordinance shall become effective immediately upon its passage as provided by law. PRESENTED AND GIVEN FIRST READING on the 11th day of December, 1979, at a regular meeting of the City Council of the City of Euless, Texas; GIVEN SECOND READING, PASSED AND APPROVED on the 27th day of December, 1979 by a vote of `J ayes and _ 0 nays, at a regular meeting of the City Council of the City of Euless, Texas. APPROVED: ATTEST: Mayor City Secretary APP OVED A FORM: City Attorn y APPLICATIOi! FOR THE VACATI0H OF UTILITY EASEiiPIT LOCATED Al' Bell Industrial District W T ::E CITY OF EULESS, TEXAS Application to Vacate Utility Easement Located at Lot 4, Block A Bell Industrial District i:o. Date: December 6, 1979 TO THE KAYOR Ai D CITY COMM I SS 101! OF T; ]E C I T Y• 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 I'o. 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 i!o. 2, is a plat or sketch of thc utility easement sought to be vacated and the surrOLIriJing area to the ncerust streets in all directions, showinS the abutting lots and blocks, and the addition in which the above described portion of such utility easement is situated, togethur with thu record owners of such lots; 3. Attached, marked Exhibit Ho. 3, is the consent of public utilities.to such vacation, 4. Attached, mark--d Exhibit Mo. 1k, is the cons* cnt to such vacation of all th;: abutting property owners, except th:: following: (If none, so state.) A. ' I!am NOME Addr::ss: Why Consent not Obtained: D. ;;cJlr� ss: !thy Cdnscr,t not Obtained; 5. Such u%ility casement should he vacat::d bccaus-,: Encroachment by existing Building Construction u. Su h utility casement has been and is boing used as follows: Portions contain existing Telephone and Electric Facilities. METRO EQUITIES, INC. BY: L— 2630 West Freeway, Suite 234 Fort Worth, Texas 76102 THE STATE OF TEXAS COUI:TY OF TARRACT X BEFORE i•E, the undc� signed auth,grity, on this day personally appeared known to me to be a credible person and one of the signers of th, for,:going application, and who, after being by ma duly sworn, did upon oath state that the information contained in su::h application is true and eorrc!ct to the best of / "j,�,�' knowiedya and belief. i,;otary Public, Tarrant County, Texas 2-- Application to Vccate Utility Easement located at Bell Industrial No. EXHIBIT NO. l BZing that portion of Lot 4, Block A Bell Industrial District in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: COMMENCING at the northwest corner of said Lot 4, Block A, according to Plat recorded in Volume 388 -122, Page 20, Tarrant County Plat Records and lying in the south right -of -way line of S.H. 183; THENCE: North 68 degrees 01 minutes east along said highway right -of -way for a distance of 1.3 feet to a point; THENCE: South 00 degrees 28 minutes west for a distance of 30.5 feet to the point of BEGINNING of proposed vacation; THENCE: South 89 degrees 32 minutes east for a distance of 3.8 feet; THENCE: South 00 degrees 28 minutes west for a distance of 208.88 feet; THENCE: North 89 degrees 32 minutes west for a distance of 3.8 feet; THENCE: North 00 degrees 28 minutes east for a distance of 208.88 feet to the point of BEGINNING and containing 0.018 acres or 793 square feet of land more or less. Applicction to Vasato Utility { Easement Located at Bell Industrial District Ho. EXHINY 510. 2 The following is a plat or sketch of the utility casamcnt sought to be vacated in the above numbered application, showing the surrounding aroa to the nearest streets in all directions, abutting lots, the block or blocks in which the portion of the utility casement sought to be vacated is situated, and the addition or additions in which tho portion of the utility casement sought to be vazated is situated. !Also, the names of record owners of the abutting lots arc: shown; SEE ATTACHED 11 g3 i oo\ C) Lo 0 CV UD (n 00 z N87025'E 134.40 Ii 9.4 -- 40' \4A.:f,k-v lc*4 ull NI L"j 0 0 76 06 NJ 0 S89 °3 2'E V. U-) U) q I 15� I)Er,ICATED FOR Ru,V 0 N 8 9('� 7' W 273 6' N 89'j 57',A- 288. F,0 ' -P-f P E L I -N E----- ROAD ,,-ClTf Ll%IJT 4-1 11 g3 i oo\ C) Lo 0 CV UD (n 00 z N87025'E 134.40 Ii 9.4 -- 40' \4A.:f,k-v lc*4 ull NI L"j 0 0 76 06 NJ 0 S89 °3 2'E V. U-) U) q I 15� I)Er,ICATED FOR Ru,V 0 N 8 9('� 7' W 273 6' N 89'j 57',A- 288. F,0 ' -P-f P E L I -N E----- ROAD ,,-ClTf Ll%IJT Application to 'locate Utility Easem;:nt Locatud at Bell Industrial District No. EXI-1101T 110. 3 The undersigned public utility companies, using or ontiltcd to use, under the terms and provisions of our ruspectivc franchises with the City of Euless, that portion of the utility casement sought to be vacatod in the Application to Vaeat;: Utility Easement above referred to, do horeby consent to the vacation and abandonment of the described portion of such utility casQmcnt. LOWE STAR GAS COHPAPY BY (Title SOUTINESTERN BELL TELEPI-IOME COMPANY By: SEE AZTACIM LETTER Title TEXAS POKIER AND LIGHT COMPAPY 0y NC-0 10 �- -Efi-TL Tit lc The undersignod, City Engineer for the City of Eulcss, certify that I have carefully considerd thQ application to vacate utility easement abov,; refcrred to from the standpoint of prescnt and future nzcds of the City of Euless with rnspgct to traffic and city utilities, and I see no objection to the requostod vacation from the City's standpoint. City Engineer, City of Eul.;ss, %xas TEXAS POWER & LIGHT COMPANY P. O. Box 609 • Euless, Texas 76039 • 267 -3501 December 3, 1979 Mr. Bill Boomer 309 west 7th Fort Worth, Texas 76102 Res Easement vacation - Bell Industrial District Euless, Texas Dear Mr. Boomers Please be advised that Texas Power S Light Company has no objection to the abandonment of that portion of the platted utility easement on Lot 4 Block A of the Bell Industrial District, that is occupied by a single story concrete building. Since Texas Power 6 Light Company has existing facilities in that portion of the easement north of the northwest corner of the building, we must retain that portion of the easement. Sincerely, /,Z- Edward-L. Smith Asst. District Engineer EL S sdw Co n N`N PY ,RE a r �( IRON l) P WALKWAY P�311 � 1 111 5 I i/ 4 i GATE f I ! 1a l C S IO !R�JN o_ O . FND IRON_ 11-STORY N � Z CONE BLDG i w . to /z i j 3 t SPRAY — —� -- - - - -.. BOOTH SYSTEM 5J. GF' W I cv O 6 Z R n N 89. k4 W1.,,,,�� —� 7�_ ��__ - 0 Southwestern Bell 1901 Central Drive Room 406 Bedford, Texas 76021 November 21, 1979 Mr. dilliam L. Boomer, P.E. Gordon S. Swift Consulting Engineer One Hundred Three Center Seven Mall Service Life Center 309 West 7th Street Fort Worth, Texas 76102 Re: Proposed Easement Vacation Lot 4, Block A Bell Industrial District Project No. 7684 Dear Mr. Boomer, This is in reply to your letter of request dated November 15, 1979 on the above subject. Southwestern Bell Telephone Company will vacate 4.8 feet on the east portion of the five foot utility easement, however, we will require to retain 1.2 feet on the west portion of the easement as we now have telephone facilities in a two inch PVC conduit located in this portion of the above described easement. If you have any questions, please call John Kissell, Network Supervisor - OSP Engineering, on 267 -5631. Yours truly, -2w, 447 ✓ M. E. Williams Manager -OSP Engineering MEW/bm �k'o Lone Star Gas Company W. T. IRWIN 449 Bedford Euless Road • Hurst, Texas 760 3 District Manager December 3, 1979 Mr. William L. Boomer Gordon S. Swift - Consulting Engineer One Hundred Three Center Seven Mall Service Life Center 309 latest Seventh Street Ft. Worth, TX 76102 Re: Proposed Easement Vacation Lot 4, Block A Bell Industrial District Project No. 7684 Dear Mr. Boomer: Pursuant to your request I am agreeing to the abandon- ment of Utility Easement as described above and shown on attached sketch. This is possible due to Lone Star Gas Company having no facilities in the subject easement and no long range plans to utilize same. When I can be of service, please call. Sincerely, LONE STAR GAS COMPANY J. D. Waldie Superintendent jcr cc Mr. W. T. Irwin f Application to Vacaio Utility Easement Loccted at Bell Industrial District Ho. EXHIBIT I!0. 4 The; undersigned, owners of property abutting upon that portion of tha utility easement namad 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 Eulcss from all claims for damages arising or growing out of such vacation and abandonment. Address: 96-40 trios+ yr--c.. 4934 Address: Address: Address: Address: Address: Address: Address: Address: /Address: