HomeMy WebLinkAbout658 04-14-1981ORDINANCE NO. 658
AN ORDINANCE VACATING AND ABANDONING A
STORM SEWER EASEMENT OVER, UPON AND ACROSS
A PORTION OF LOT C, TRACT 1, OF BAVARIAN
VILLAGE ADDITION TO THE CITY OF EULESS,
TEXAS; DECLARING AN EMERGENCY; AND AN
EFFECTIVE DATE.
WHEREAS, by instrument dated the 18th day of June,
1980, La Quinta Motor Inns, Inc., the then owner of certain
property within the corporate limits of the City of Euless,
Tarrant County, Texas, did execute a perpetual easement in
favor of the public and such city granting the right to use,
operate, inspect, repair and maintain a storm sewer over,
along and across such property, which easement instrument
was filed of record in Volume 6951, Page 2267, of the Deed
Records of Tarrant County, Texas; and
WHEREAS, in the subsequent improvement of such property
it was determined that such storm sewer easement was not
necessary for the proper use and development of such land;
and
WHEREAS, such property has now been developed without
the utlization of such storm sewer easement and right -of -way;
and
WHEREAS, La Quinta Motor Inns, Inc., has requested that
the City vacate and abandon such storm sewer easement; and
WHEREAS, the abandonment and vacation of such storm
sewer easement is necessary to consummate certain financing
transactions with respect to the improvement of such prop-
erty by La Quinta Motor Inns, Inc.; and
WHEREAS, the City of Euless has determined that such
perpetual storm sewer easement and right -of -way is not
necessary to the proper drainage, use and development of
such land or tracts of land adjacent thereto and that the
vacation and abandonment of such perpetual storm sewer ease-
ment 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 certain perpetual easement filed of record in
Volume 6951, Page 2267, Deed Records of Tarrant County,
Texas, as hereinafter more particularly described, shall be
for all intents and purposes, and the same is, hereby
vacated and abandoned as a public easement:
Being a ten foot wide storm sewer easement over, along,
and across a portion of Lot C, Tract 1 of Bavarian
Village Addition, in the City of Euless, said lot being
recorded in Volume 388 -15, Page 98, of the Map and Deed
Records of Tarrant County, Texas
Commencing at a point on the Westerly line of Lot C which
Bears S 00 -05' E, 189.50 feet from the Northwest Corner,
said center line of the ten foot (10') wide easement is
more particularly described as follows:
Thence S 530 -55' E a distance
Thence n 890 -55' E a distance
Thence N 180 -02' E a distance
Thence N 890 -55' E a distance
more or less to the easterly
Lot C of Tract 1.
II.
of
of
of
of
bou
76.26 feet;
52.87 feet;
70.08 feet;
41.58 feet,
ndary of said
Emergency Clause. By the affirmative vote of four or
more of its members, The City Council declares that this is
an ordinance for the immediate preservation of the public
peace, property, health, and safety, and is an emergency
measure within the meaning of Article II, Section 11 of the
City Charter; and the requirement that it be read at two
meetings, as specified in such Section 11, is hereby dis-
pensed with.
III.
Effective Date. This ordinance shall become effective
immediately from and after its passage and publication as
provided by the Euless City Charter and the laws of the
State of Texas.
PRESENTED AND PASSED on first and final reading on the
14th day of April, 1981, at a regular meeting of the City
-2-
Council of the City of Euless, Texas, by a vote of 5
ayes, o nays and p abstentions.
ATTEST:
Deila Houy, City Sec tary
APPROVED AS TO FORM:
APPROVED:
Harold Samuels, Mayor
:ney
-3-
ID #805L
VACATION OF STORM SEWER EASEMENT
THE STATE OF TEXAS )
KNOWN ALL MEN BY THESE PRESENTS
COUNTY OF TARRANT )
This 14th' day of April , 1981, the City of Euless,
County of Tarrant, State of Texas, does hereby vacate and release the
storm sewer easement described below granted by La Quinta Motor Inns,
Inc., a Texas corporation, whose principal place of business is the
City of San Antonio, County of Bexar, State of Texas .
On the 18th day of June, 1980, La Quinta Motor Inns, Inc. granted to
the City of Euless a perpetual easement with the right to use,
operate, inspect, repair and maintain a storm sewer over and across
the following described property, said property owned by La Quinta
Motor Inns, Inc., and situated in Tarrant Count, Texas in the A. J.
Huitt Survey, Abstract No. 684, said easement having been recorded in
Volume 6951, page 2267 of the Tarrant County Deed Records.
Being a ten foot wide storm sewer easement over, along, and
across a portion of Lot C, Tract 1 of Bavarian Village
Addition, in the City of Euless, said lot being recorded in
Volume 388 -15, Page 98, of the Map and Deed Records of
Tarrant County, Texas
Commencinq at a point on the Westerly line of Lot C which
Bears S 00 -05' E, 189.50 feet from the Northwest Corner,
said center line of the ten foot (10' ) wide easement is more
particularly described as follows:
Thence S 530 -55' E a distance of 76.26 feet;
Thence N 890 -55' E a distance of 52.87 feet;
Thence N 180 -02' E a distance of 70.08 feet;
Thence N 890 -55' E a distance of 41.58 feet,
more or less to the easterly boundary of said
Lot C of Tract 1.
In consideration of the payment of One and no /100 Dollars, receipt of
which is herehy acknowledged, the City of Euless hereby releases to La
Quinta Motor Inns, Inc. the easement described above, it being the
intention of the parties to terminate said easement.
IN WITNESS WHEREOF the City of Euless has executed this release on
this 14th day of April , 1981.
CITY OF EULESS
r
Before me, the undersigned authority on this day personally
appeared Willie Mae McCormick known to me to be the person whose
name is subscribed to this instrument, and acknowledged to me that he
executed the same for the purposes and consideration therein expressed
and in the capacity therein stated.
Given under my hand and seal of this 14th day of April , 1981
Notary Public
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FIELD NOTES
FOR
STORM SEWER EASEMENT
ten foot wide Storm sewer easement over, along, and across &
Of Lot C, Tract I of Bavarian Village Addition, in the city
S, said lot beinq recorded in Volume 389-15. Page St, of the
Deed Records of Tarrant County. Texas.
ng at a point on the westerly line of Lot C which bear* S 00-
8y.50 feet from the Northwest Corner, said center line of the
(10') wide easement is more particularly described as follows:
nee S 530-551 E a distance of 76.26 feet;
nee N B9 ° -55' 0
E a distance of 52.87 feet.
nee N 180-02' E a distance of 70.08 feet?
nee N 890-551 F a distance of 41-59 feet, more or less to the
terly boundary of said Lot C of Tract 1.
tes prepared on 23 May, 1980 by Kent M. Anderson. P.E.
E. Of 7
Reg. No. 9 6 .........
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29760 fir' 1
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