HomeMy WebLinkAbout640 08-26-1980ORDINANCE NO. 640
AN ORDINANCE VACATING AND ABANDONING A CER-
TAIN PUBLIC ROADWAY KNOWN AS DELPHIA LANE
IN THE J. E. WHITNER ESTATES, IN THE CITY
OF EULESS, TARRANT COUNTY, TEXAS, AND DE-
CLARING AND EFFECTIVE DATE.
WHEREAS, the owners of property abutting and adjacent to a
portion of a public roadway known as Delphia Lane in the City of
Euless, Tarrant County, Texas, have requested the Euless City
Council to vacate and abandon such roadway inasmuch as same has
never been developed or used as a public roadway and would serve
only the property of such adjacent and abutting landowners; and
WHEREAS, all utility companies holding franchises within the
City of Euless, Tarrant County, Texas, have filed their written
consent to such abandonment; and
WHEREAS, there exists within the bounds of such public roadway
an existing public water and sewer right -of -way with certain improve-
ments situated therein; and
WHEREAS, the Euless City Council, at the request of such abut-
ting property owners, desires to vacate and abandon such public road-
way while reserving and excepting to such vacating and abandonment
the water and sewer easement now existing.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS:
I.
That portion of the public roadway known as Delphia Lane
situated in the J. E. Whitner Estates Addition to the City of Euless,
Tarrant County, Texas, more 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 street and roadway.
II.
That certain public easement and right -of -way for sanitary
sewer and water purposes heretofore established and now existing
within, over, upon and across such portion of Delphia Lane above
vacated and abandoned as a public roadway is, for all purposes,
continued and there is reserved from such vacating and abandonment
unto the City of Euless, Texas, the right to construct, recon-
struct and perpetually maintain sanitary sewer lines and water lines,
together with all necessary additional equipment and improvements
VOL S,'SPAGE 452
and laterals in, upon, over and across such easement
and there is further reserved and continued in favor
of Euless, Texas, a construction easement of suffici,
construct, reconstruct, repair, maintain and install
such sanitary sewer and water improvements over, in,
such easement.
III.
and right -of -way,
of the City
ant width to
any and all
upon and across
This Ordinance shall become effective immediately upon its
passage as provided by law.
PRESENTED AND GIVEN FIRST READING on the 8th day of July,
1980, at a regular meeting of the City Council of the City of
Euless, Texas; GIVEN SECOND READING, PASSED AND APPROVED on the
26th day of August, 1980, by a vote of 5 ayes, 0 nays
and 0 abstentions, at a regular meeting of the City Council
of the City of Euless, Texas.
ATTEST:
Della Houy, City Secret
APPROVED AS TO FORM:
Y'oe'04 woe -'�z
Bob McFarland, Ct y Attor y
APPROVED:
/'
!d/.
Harold Samuels, Mayor
VOL 6995PAGE 453
APPL I CAT I OP'' FOi: THE VACA"i I Oi! OF A PORT 1 Oi;
OF Delphi a Lane 'ST{�RT-
11', Ti;E CITY OF EULESS , TEXAS.
Application to Vacate a Portion
of Delphia Lane
St-reL-t- in its entirety.
Po.
Date: May 6, 1980
TO THE MAYOR MID CITY COMMISS101' OF THE CITY OF EULESS, TEXAS:
The undersigned hereby make application for the vacation and abandonment
of that portion of the above named street 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 strcct sought to be vacated and the surrounding
area to the nearest streets in all directions, showing
the abutting lots and blocks, end the addition in which
the above described portion of such street is situated,
together with the record owners of such lots;
3. Attached, marked Exhibit Ho-3, is the consent of public
utilities to such vacation;
I:. Attached, marked Exhibit P',o. 1:, is th:; consent to such
vacation to all the abutting property owners, except
the following: (if non --, so state.)
A. 1''amc: (See Attachment)
Address:
Why Consent not Obtained:
R. P':'nmc :
-Address:
Why Consent not Obtained
VOL 6499SPAGE 4a
5. Such str-,,t should b:- vacated because:
The primary surface drainage in the area is such that
it is not economically feasible to put streets in this
area and the development of the area does not indicate
6. n ftutu e�iane�d n ord t„Yse�sei �t� eedt as follows:
nused - Unimproved.
Property to the east is being directed toward American
Boulevard and Whitener will dead end at the point of
vacation.
i
THE STATE OF TLEYAS X
COUHTV OF TAi2RAi'T Z
BEFORE ME, thc� undersigned authority, on this day personally eppeared
L. N. Lightbody and Helen M. Lightbody
known to me to be a credible person and one of the signers of the; foregoing
application, and who, aft,r being by me duly sworn, did upon oath
state that th';_1 information contained in such application is true and correct
to the best of knowledge and belief.
IV" o ry P 1 i c, T�`rrant unt"y, e
i'ti✓.
-2-
VOL ssssPAGF Ass
Application to Vacate a Portion of
Delphia Lane
EXHIBIT NUMBER 1
Being that portion of
Euless, Tarrant County, Texas
Delphia Lane, J. E. Whitener Estates
in the City of Euless, Tarrant County, Texas, and being more particularly
described as follows:
The following described tract or parcel of land being Delphia Lane
in the J. E. Whitener Estates, to the City of Euless, Tarrant County,
Texas, according to plat recorded on Page 139 of Volume 388 -J in the
Tarrant County Deed Records and being more particularly described as
follows:
BEGNINING at the Southeast corner of Lot 16, Block 2, said J. E.
Whitener Estates and being at the intersection of the North line
of South Pipeline Road with the West line of said Delphia Lane;
THENCE North a distance of 1197.0 feet to the Northeast corner
of Lot 17, Block 2, said J. E. Whitener Estates and being in the
South line of Whitener Drive;
THENCE East and parallel to the North line of said Whitener Drive
a distance of 50.0 feet;
THENCE South a distance of 1189.19 feet to the North line of
said South Pipeline Road;
THENCE S 810 07' 10" W a distance of 50.61 feet to place of
beginning.
VOLSPAGE
Application to Vacate and Abandon a Portion of
Delphia Lane
EXHIBIT NUMBER 2
The following is a plat or sketch of the street 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 street sought to be vacated is situated, and the
addition or additions in which the portion of the street sought to be
vacated is situated. Also, the names of record owners of the abutting lots
are shown:
von 6995PACE 457
1, 1 1 4
L.-3 k I 4.
Et
L-- � I �
" i�
EXHIBIT 2
voL 699&AGE 4,%
7
6r,
0
(0
" i�
EXHIBIT 2
voL 699&AGE 4,%
Application to Vacate a Portion
of Delphia
Streets
No.
EXHIBIT NO. 3
The undersigned public utility companies, using or cntitl,rd to use, under
the terms and provisions of our respcetiv.- franchises with the City of Eulcss,
that portion of the street sought to be vacated in the Application to Vacate
Street above referred to, do hereby consent to the vacation and abandonment
of the described portion of such street.
LOME STAR GAS COHPAHY SOUTMIESTERN BELL TELEPHOME COHPAVY
By' - - -- Ti
tle l
TEXAS P(MER AND LIGHT COMPANY /
By:
(Title)
The undersigned, City Engineer for the City of Eulcss, c�:.rtify that I
have carefully considered the application to vaez_te street above refcrrod
to from the standpoint of present and future needs of the City of Eulcss with
respect to traffic and city utilities, and I sec no objection to the
requested vacation from the City's standpoint.
Cit y Engineer, City of Eulcss Texas
von 699&AGe 459
Application to 'Vacate a Portion
of Delphia Lane
Street
Iaa.
EXHIBIT 00.
The undersigned public utility companies, using or entitl::d to use, under
the terms and provisions of our respoetiv;; franchises with th,_ City of Euless,
that portion of the strcct sought to be vacated in the Applieation.to Vacate
Street above referred to, do hereby consent to the vacation and abandonment
of the described portion of such street.
LOP! T CM IPA 1Y SOUTIUESTERFJ BELL TELEPHONE COHPAP!Y
c
B By:
itic) (Title)
TEXAS POKIER AND LIGHT COMPANY
By:
(Title)
The undersigned, City Engineer for the City of Eulcss, certify that I
have carefully considered th-- application to vaczte street above refcrrod
to from the standpoint of prescnt and future needs of the City of Eulcss with
respect to traffic and city utilities, and I sec no objection to the
rc;quested vacation from the City's standpoint.
City Engincc , City of Eulcss, Tex6s
VOL 6995PAGE AVn
Application to 'locate a Portion
of Delphia Lane
Street
140.
EXHIBIT 00. 3
The undersigned public utility companies, using or cntitl.:d to use, under
the terms and provisions of our respcctiv;; franchises with the City of Euless,
that portion of the street sought to be vacated in the Application to Vacate
Street above refcrrcd to, do hereby consent to the vacation and abandonment
of th described portion of such street.
LONE STAR GAS C0HPAIIY SOUTIRIESTERN BELL TELEPf10HE COMPAPY
By: Cy:
Title (Title)
TEXAS POl¢EP. AND OMF�
By:
(Title)
The undersign;:d, City Engineer for the City of Eulcss, certify that I
have carefully considered the application to vacate street above refcrrcd
to from the standpoint of present and future needs of the City of Euless with
respect to traffic and city utilities, and I sec no objection to the
requested vacation from the City's standpoint.
City Engineer, City of ulcss, Texas
VOL _6 9: PAGE
�,
Application to Vacntc a Portion of
Delphia Lane
Street
Mo.
EXHIEIT i'0.
The un&,rsigncd, owners of property abutting upon that portion of thL
street named and d•-scribed in the Application to Vacate referred to above,
do hereby cons-nt to such vacation and abandonment, and do herby roleaso
the City of Euless from all claims for damages arising or growing out of
such vacation and abcndonmcnt.
Purvis Investment Corporation
Continental Lumber Company, Inc.
Address: 6745 Calmont Ave. Address:
By
Tom E. Purvis
Address:
Address:
Address:
Address:
Address:
Address:
Address:
Address:
VOL