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HomeMy WebLinkAbout632 07-08-1980ORDINANCE NO. 632 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A PUBLIC UTILITY EASEMENT IN LOT 13, BLOCK 1, TRAIL LAKE ESTATES 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 13, Block 1, Trail Lake Estates 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 24th day of June, 1980, at a regular meeting of the City Council of the City of Euless, Texas; GIVEN SECOND READING, PASSED AND APPROVED on the 8th day of July, 1980, by a vote of 4 ayes, 0 nays, and 1 abstentions, at a regular meeting; of the City Council of the City of Euless, Texas. ATTEST: City Secretary APPROVED/AS ?0 FORM-,:,- y Attorney APPROVED: APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION Lot 13, Block 1, Trail Lake Estates No. Euless, Texas Date: June 17, 1980 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 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 ,a- bove 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 vaca- tion of all the abutting property owners, except the following: (If none, so state). A. Name NONE Address Why Consent Not Obtained I3. Name Address ----- - - -_ -- Why Consent Not Obtained 5. Such utility easement should be vacated because: It is not in use and I need to re -plat lot 13 to add 10 feet on the West side. Page 1 of 2 6. Such utility easement has been and is being used as follows: NOT IN USE TRAIL LAKE DEVELOPMENT—GORE.— Bobby (t. Eden, President THE STATE OF TEXAS COUNTY OF TARRANT X BEFORE ME, the undersigned authority, on this day personally appeared Bobby F. Eden 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. Seal Page 2 of 2 Notary Publ=ic, Tarrant Count_ Texas EASEPU:N'T l,uCn'[ I.ON Euless, Texas EXHIBIT NUMBER 1 Being that portion of in the City of Euless, 'Tarrant County, Texas, and being more particularly described as follows: Lot 13, Block 1# Trail Lake Estates Euless, Texas 7.5 foot utility easement on west side of Lot 13, Block 1, Trail Lake Estates, Euless, Texas, as filed in Volume 388 -124, Page 89, D.R.T.C.T. December 12, 1978. FASEMENT LOCATION NU. EXHIBIT NUMBER 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 names of record owners of the abutting lots are shown: 5'c-e- 4-itacJ1ed 1P J AR Q � W F1 I EXHIBIT 2 �i �� A pvatt0 �( /00. o/ i rti i O 0 , 0 f, — Af;n • F5 m� 569-674 E Qo 10 o yrr7 FIp O 54 1 o rn 12 13 — o� b y 3C�3lc9fG v -- zc� D W � R Inafiumcr�f' � , VI I .97 5 .39 8� %" ti 3p•�'� -_536 86' jr: 35 I_ —o dL- 569 °39'W 205.0 I2-Z.73 Trail Lake Estates °oN h 5 , ,o —N e63'z� �� 1 r oitim O Ll) c Vl X11 0 o�A) ~ I .140.0 IK I 589..�sv C 10 o� OO 3 LU icy .Scar- +�s�esvfc, l � I � SF 9"�� •jti, X kl �i I i ` KASFMENT LOCATION Trail Lake Esta'l es, Euless, Texas NO. _ _ Lot 13, Block .1 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 utility easement sought to he vacated in the APPLICATION TO VACATE UTILITY EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility easement. LONE AR GAS C ANY SOUTHWESTERN BELL TELEPHONE COMPANY Tit �i u� /� Title TEXAS PO ER AND LIGH ,COMPANY, j By: J (0, Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate utility 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 tnjidneer, City of uless, Texas i;ntii;Mt;Nr 1,uc:A11uN Trail Lake Esta,es, Euless, Texas NO. EXHIBIT NUMBER 4 The undersigned, owners of property abutting upon that port.inn 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 gr.ow.i.ng out of such vacation and abandonment. mrai] Lake Development Corp. Address: 414 W. Euless Blvd, Address: Euless, Texas 76039 Address: Address: Address: Address: Address: Address: Address: Address: