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HomeMy WebLinkAbout659 04-28-1981ORDINANCE NO. 659 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A PUBLIC UTILITY EASEMENT CENTERED BETWEEN LOTS 35 AND 36, BLOCK A, WOODCREEK 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 utility easement, hereinafter specifically des- cribed, 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 between Lots 35 and 36, Block A, Woodcreek 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 14th day of April, 1981, at a regular meeting of the City Council of the City of Euless, Texas; GIVEN SECOND READING, PASSED AND APPROVED on the 28th day of April, 1981, by a vote of _5 ayes, p nays, and p abstentions, at a regular meeting of the City Council of the City of Euless, Texas. APPROVED: ATTEST: APPLICATION FOR THE VACATION ()I,' S.W.B.T. EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION Centered between Lots 35 & 36 Block_A, a_replat of a portion of Woodereek as recorded in Volume 388 -141, Page 44 No. _ - - -- Date: 4/6/81 TO THE MAYOR AND CITY COUNCIL OF THE CITY OF EULESS, 'TEXAS: The enders i.gned hereby make appl icat ion for the vacation and ah,n donmrnt- "I that portion of the above named S.W.B.T.easemQnt, particularly doge rihed in Exhibit No. t, attached. Ln 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 nil suits, costs, expenscs, and d:imngc�; that may arise or grow out of such vacation and abandonment; 2. Attached, marked Exhibit No. 2, is a plat or skctrh of 14, S.W.B.'f.easement sought to be vacated and the surround inn area to the nearest streets in all directions, showing the ,hutting lots and blocks, and the addition in which tho i- huve described portion of such utility ensoment is situ,ct.d, together with the record owners of such lots; 3. Attached, marked'Exhibit No. 3, is the consent of S.W.B.T. to such vacation; 4. Attached, marked Exhibit No. 4, is the consent to such vaca- Lion of all the abutting property owners, except the following: (if none, so state). A. Name NONE Address Why Consent NScout, inyd B. Name Addres,. Why Consent Not Obtained 5. Such S.W.B.T.easement shnuld he vacated becausu: It is in conflict with the location of a dwelling unit. Page I of 2 6. Such S.W.B.T.easement has been and is being used as follows: This easement is not nor has it been utilized in any manner. STEVE THE STATE OF TEXAS I COUNTY OF TARRANT I BEFORE ME, the undersigned authority, on this day persotinlly appeared r known to me to be a credible person and one of the signers of thej foregoing application, and who, after being by me duly sworn, did upon oath state that the information contained in such application is true and correct to the best of `��,5* knowledge and belief. L4/ Notnry Pith }�,�'c, Tnrraut County, Tex,i Seal .. c' �� t/,-- Page 2 of,2 EASEMENT LOCATION EXHIBIT NUMBER 1 Being that portion of a 10_foot wide _S.W_B.T_ca -se ment_cen ter ed_ between Lots 35 & 36, Block A of a replat of a Portion of Woodcreek as recorded in Volume 388 -141, Page 44 of the Deed Records of Tarrant Counter Texas and also located in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in the northerly right -of -way line of Stony Creek Drive (60 feet wide); said point also being the southerly common lot corner centered between lots 35 and 36 Block A of said replat of a Portion of Woodcreek; THENCE North 0013'37" East along the common line centered between lots 35 and 36 Block A of said addition a distance of 110.00 feet to a point for corner and the end of the herein described centerline of a 10.00 foot wide S.W.B.T. easement. , ! i EASEMENT LOCATION EXHIBIT NUMBER 2 The Following is a plat or sketch of the S.W.B.T.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 whit h the portion of the S.W.B.T.easement sought to he vacated is situated, and the addition or additions in which the portion of the S.W.B.T.easement sought to be vacated is situated. Also, the names of record owners of the abutting lots are shown: ElY PT F- A r-DPO­1 44 4% 0 ��li '0014s, 2.6 4K it" 11 1'/ — - 41 4to -- - - 1� .75-e 6;rOA/7/ CAeeA( Vp i • 14 0 Do' Q Ile" 00' /'000' 43 q - ----- IF— - IR 44 7,f // 46 L 44 47 M oil, "..5w 48 a Gs 49 7f V 2Z 50 N t4 R * 5 r. I 00,415 '49. 1� 1 bhp 1 Z /q 4 ",coo, Vj 54 JI 4: '4i 4j 2-7 s r 4p C, 1'q T- 213 .6 LOW A4 lee 0- so Oz - ;GAB, p4rw _ `� E.sry,. • 'g( si '�' � . / �f 7?"�1 .Ind airQ A, C41 F -FIAS INT.' IF !4QQAN7 0� EASEMENT LOCATION EXHIBIT NUMBER 3 The undersigned S.W.B.T. COMPANY using or entitled to use, under the terms and provisions of our respective franchises with the Cite of Euless, M it portion of the S.W.B.T.easement sought to be vacated in the APPLICATII)N TO VACATE, S.W.B.T.EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such S.W.B.T.easement. LONE STAR GAS COMPANY SOUTHWESTERN BELL TELEP ONE COMPANY By: - - - - -- By' b Title: Title: T,,</ TEXAS POWER AND LTGHT COMPANY By: _ Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacateS.W.B.T. easement above referenced, from the standpoint of present and future needs of the City of Euless with respect`to traffic and city utilities, and T see no objection to the requested vacation from the City's standpoint. Ja Engineer, City of Euless, Texas F.ASDtENT LOCATION EXHIBIT NUMBER 4 The undersigned, owners of property abutting upon that portion of the S.W.B.T. 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 X111 claims for damages arising or growing out of such vacation and abandonment. , t Address: (`` �( Address: Address: Address: Address: Address: Address: Address: Address: Address: