HomeMy WebLinkAbout708 08-10-1982ORDINANCE NO. 708
AN ORDINANCE VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT ON THAT
PORTION OF LOT 24, ALEXANDER & CULLUM SUBDIVISION, 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,
hereafter 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 that portion of
Lot 24, Alexander & Cullum Subdivision to the City of Euless, particularly describ-
ed in Exhibit 1, attached hereto and made a part hereof for all intents and purposes,
is hereby vacated and abandoned as a public utiltiy 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 Council, by a vote of 5 ayes,
0 nays, and 0 abstentions.
APPROVED:
Harold D. Samuels, Mayor
ATTEST:
�c
Kay Wney, City
City Attorney
N
APPLICATION FOR THE VACATION OF UTILITY
EASEMENT IN THE CITY OF EULESS, TEXAS
EASEMENT LOCATION ALEXANDER & CULLUM SUBDIVISION
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:
The easement is 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.
AIRPORT FREEWAY ANIMAL EMERGENCY
LI 76 C
Neal W. dams, its attorney
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.
Lt,A4.';.1a
N taryCPublic, TarraM County, Texas
Seal
Page 2 of 2
A
EASEMENT LOCATION ALEXANDER & CULLUM SUBDIVISION
EXHIBIT NUMBER 1
Being that portion of Lot 24, ALEXANDER & CULLUM SUBDIVISION,
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 24, ALEXANDER & CULLUM SUBDIVISION, to the City of Euless,
Tarrant County, Texas according to plat recorded on Page 109 of
Volume 388-C in the Tarrant County Deed Records and being more
particularly described as follows:
BEGINNING in the East line of South Main Street and being
S 890 52' E a distance of 7.0 feet from the Northwest corner of
said Lot 24;
THENCE S 890 52' E along the North line of said Lot 24 a
distance of 118.0 feet;
THENCE S 10 47' E a distance of 5.0 feet;
THENCE N 890 52' W a distance of 118.0 feet to the East line
of said South Main Street;
THENCE N 10 47' W along the East line of said South Main
Street a distance of 5.0 feet to place of beginning.
EASEMENT LOCATION ALEXANDER & CULLUM SUBDIVISICN
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:
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EASEMENT LOCATION ALEXANDER & CULLUM SUBDIVISION
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: '�, ln,�
Title: fit < r kc
SOUTHWESTERN BELL TELEPHONE COMPANY
By: _4. f,-
Title District I
TEXAS POWER AND LIGHT COMPA
By: _Ff-La"j
Title: Di s _ i t 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 f Euless, Texas
EASEMENT LOCATION ALEXANDER $ CULLUM SUBDIVISION
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.
OBERT C. ONROE
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