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HomeMy WebLinkAbout646 11-11-1980ORDINANCE NO. 646 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A PUBLIC UTILITY EASEMENT IN LOT 38, BLOCK 4, PARKWOOD ADDITION TO THE CITY OF EULESS; DECLARING AN EMERGENCY AND AN EFFECTIVE DATE. The City Council of the City of Euless, Texas, after study and consideration, has determined that the portion of public utility easement, hereinafter specifically described, not being used by, nor useful, nor convenient to the public general; therefore, it constitutes a public charge without a corresponding public benefit, and the public would be better and benefited by its vacation and abandonment. careful the is in served 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 38, Block 4, Parkwood 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 asa public utility easement. SECTION 2. By affirmative vote of four or more of its members, the City Council declares that this is an ordinance for the immediate pre- servation of the public peace, property, health and safety, and is an emergency measure within the meaning of Article II, Section II, of the City Charter, and the requirement that it be read at two meetings, as specified in such Section II, is hereby dispensed with. SECTION 3. This Ordinance shall become effective immediately upon its passage as provided by law. APPROVED AND ADOPTED ON FIRST AND FINAL READING on the 28th day of October, 1980, at a regular meeting of the City Council of the City of Euless, Texas. Also given second reading on the 11th day of November, 1980. APPROVED: ATTEST: MAYOR City Secr5tary AS TO FORM: 1 C't torney APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION No. _T4V wGZno " "r),7-1 0t-4 z, 3 g- BC yc,e Date: 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 Address Why Consent-Not Obtained B. Name Address -- - -- -- -- - - - - -- Why Consent Not Obtained 5. Such utility easement should be vacated because: Page 1 of 2 2iey aver j /Ifv C), 1i }-Y 6. Such utility easement has been and is being used as follows: 4J Cif 14- THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared M N fir' w known tome to be a credible person and one of the signers of the foregoing application, and who, after being by me duly sworn, did upon i ��S' oath state that the information contained in such application is true and correct to the best of (fi( S knowledge and belief. Notary Plic, Tar nt County, Texas Seal Page 2 of 2 EASEMENT LOCATION Lo-r 34r 4- 7_'A2r wn-- -o 1,7au EXHIBIT NUMBER 1 Being that portion o,f in the City of Euless, Tarrant County, Texas, and being more particularly r �( described as follows: EASEMENT LOCATION L01- `t- ' 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: TO Pt / C T. 0 P 0' V ` N PLAT OF LOT 38, BLOCK 4, PARKWOOD ADDITION, SECTION 1, AN ADDITION TO THE CITY OF EULESS, TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLUME 388 -125, PAGE 9, PLAT RECORDS, TARRANT COUNTY, TEXAS SCALE 1 " =30 NO ENCROACHMENTS OTHER THAN SHOWN • OF +,`P,.•" LEGEND Ems• IRON PIN *; • •� •, +� O IRON PIPE LO"r) BRANSOM " .... • , A BOIS D'ARC STAKE " "'o' 9S3 (3 CONCRETE MON �.7'. + -X -X- FENCE �Ge'•�����t��• {�� .n -n- POWER LINE +�``•5 :��� -T-'T- TELEPHOfJF" LINE 80 -2661 LOYD BRANSOM SURVEYORS INC. REGISTERED PUBLIC SURVEYOR 1028 NORTH SYLVANIA AVE. FT. WORTH, TEXAS. 76111 834 -3477 1 DO HERFPY CERTIFY THAT THIS MAP i S TRUE I} CORRECT AS SURVEYED ON THE GROUND. Q/1 LOYG BRANSOM EASEMENT LOCATION • 2kv►�vvY� �t� � Tl. o rZ 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 be 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 STAR /GAS OMPANY SOUTHWESTERN BELL TELEPHONE COMPANY By: Z % By: 4L r Title: Tit e- A) irw SLi u TEXAS POWER AND LIGHT COMPANY By: Title: C u 2 rZESPa ►tea a�.z� The undersigned, City Engineer for the City of Euless, certifv 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. _J WV�l I L11 -- � City Engineer, City of Euless, Texas TEXAS POWER & LIGHT COMPANY P. O. Box 609 • Euless, Texas 76039 • 267 -3501 October 22, 1900 11r. Mike Sandi in 5137 Davis Dlvd. Ft. !lorth, Texas 7011 Dear llr. Sandl in: Pleasc be advised that Texas Powor ; Light Company has no objection to an enchroachment of a 5' utility easement along the south 1 i ne of Lot 38 Block 4, Pa rkwood Addition, an addition to the City of Euless according to a plat recorded in Volume 3-20 -125 Page 9 of the plat records o�" Tarrant County. If we can be of Further assistance in this matter, please don't hesitate to call. Very truly yours, dtva r L . Srn i f,�� District Enginccr kLS:dw EASEMENT LOCATION L nT 7� FC - � L N- V 4- pic4le WOAD Avjor 3-1 o ,1 EXHIBIT NUMBER 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. /%%��i�s Address: Address: Address: Address: Address: Address: Address: Address: Address: Address: