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Home My WebLink About707 08-10-1982ORDINANCE NO. 707 AN ORDINANCE VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT ON THAT PORTION OF LOT 1, LOT 2 -AR, AND LOT 2 -BR, BLOCK 1, WESTPARK MEDICAL PLAZA 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 described, is not being used by, nor useful, nor con- venient 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: I. The portion of the public utility easement situated on the portion of Lot 1, Lot 2 -AR, and Lot 2 -BR, Block 1, Westpark Medical Plaza 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. II. This ordinance shall become effective immediately upon its passage as provided by law. PRESENTED AND GIVEN FIRST READING on the 27th day of July, 1982, at a regular meeting of the Euless City Council, by a vote of 4 ayes, 0 nays, and 0 abstentions. GIVEN SECOND READING, PASSED, AND APPROVED on the 10th day of August, 1982, at a regular meeting of the Euless City Counicl, by a vote of 5— ayes, O nays, and 0 abstentions. APPROVED: Harold D. Samuels, Mayor ATTEST: MR Kay Ra "oy, City Se(yetary AP VE T FOR City Attorney s APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION WESTPARK MEDICAL PLAZA ADDITION Euless, Tarrant County, Texas No. 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 (NONE) Address Why Consent Not Obtained B. Name Address Why Consent Not Obtained 5. Such utility easement should be vacated because: Easements are not serving any improvements and will not be needed for future service to any improvements on the subject property. Page 1 of 2 6. Such utility easement has been and is being used as follows: There is no present and has been no past use. LOUIS ROBERT NARDIZZI4 M.D. • THE STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, the undersigned authority, on this day personally appeared NEAL W. ADAMS 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 Ablic, arrant ounty, Texas EASEMENT LOCATION WESTPARK MEDICAL PLAZA ADDITICK EXHIBIT NUMBER 1 Being that portion of Lot 1. Lot 2 —AR. and Lot 2—BR. Block 1, WESTPARK MEDICAL PLAZA ADDITICN, to the City of Euless, Tarrant County, Texas. in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: The following described tract or parcel of land being a portion of Lot 1, Block 19 WESTPARK MEDICAL PLAZA ADDITICN, an addition to the City of Euless, Tarrant County, Texas according to plat recorded on Page 59 of Volume 388 -138 in the Tarrant County Deed Records and also being a portion of Lot 2 —AR and Lot 2 —BR, Block 1, WESTPARK MEDICAL PLAZA ADDITICN, an addition to the City of Euless, Tarrant County, Texas according to plat recorded on Page 91 of Volume 388 -142 in the Tarrant County Deed Records and being more particularly described as follows: BEGINNING S 890 32' 03" W a distance of 7.5 feet and S 00 15' 20" E a distance of 5.0 feet from the Southeast corner of said Lot 1 and the Northeast corner of said Lot 2 —AR; THENCE S 890 32' 03" W parallel with the North line of said Lot 2 —Aft a distance of 97.5 feet; THENCE N 00 15' 20" W parallel with the West line of said Lot 1 a distance of 95.0 feet; THENCE N 890 32' 03" E parallel with the South line of Silver Creek Drive a distance of 10.0 feet; THENCE S 00 15' 20" E parallel with the West line of said Lot 1 a distance of 85.0 feet; THENCE N 890 32' 03" E parallel with the North line of said Lot 2 —AR a distance of 87.5 feet; THENCE S 00 15' 20" E parallel with the East line of said WESTPARK MEDICAL PLAZA ADDITION a distance of 10.0 feet to place of beginning, containing 0.042 acre or 1824 square feet of land more or less. J EASEMENT LOCATION WESTPARK MEDICAL PLAZA ADDITION 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: SILVER CREEK DR1VE Ng9.3ZO3`E - +0.0 o m I pgiiKW000 Ao� LOT 2: BR 3 :r I ww 1.. �/e1.3�-�23.p!• �I S 0 k (Owner -Nar - 1i (Owner -Louis dizzi et ux)i } aIR. Nardizzi b ° W.S, I %89.32' o3•• w - 9'1.5 I o�o.ea e� bc9.lxac� I . arl :o•�.•aw•• e - s.o• V"� I (Owner - Ronald K. Yamamoto) LOT W N e- AR I N I 3 P.- oposcoti Lc� 2-AR1 nl I� t Ir 0 Z Sc o.1c: 1 "= 50 EASEMENT LOCATION WESTPARK MEDICAL PLAZA ADDITION Euless, Tarrant County, Texas 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 COMPANY By: Title: 6-t SOUTHWESTERN BELL TELEPHONE COMPANY By: J. A6 Title istrict Engineer TEXAS POWER AND LIGHT COMPANY ByG�l 't �- Title: District Engineer 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 Engineer, City of Euless, Texas EASEMENT LOCATION WESTPARK MEDICAL -PLAZA ADDITION Euless, Tarrant County, Texas 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. Address: 6335 W . Hwy. #1018 Dallas, Texas 75225 Address: � 1 j Address: 63 5 W. N.W. Hwy. #1018 Address: I Dallas, Texas 75225 Address: 316 W st rk Way Euless, Texas 76039 Address: Address: Address: Address: Address: