HomeMy WebLinkAbout726 12-21-1982ORDINANCE NO. 726
AN ORDINANCE VACATING AND ABANDONING
A PUBLIC UTILITY EASEMENT ON THAT PORTION
OF LOT 35, BLOCK E, CINNAMON RIDGE PHASE TWO ADDITION
TO THE CITY OF EULESS;
DECLARING AN EMERGENCY AND 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 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:
I.
The portion of the public utility easement situated on that portion of
Lot 35, Block E, Cinnamon Ridge Phase Two 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.
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 dispensed with.
'rl,� '74'4-0 PACE 346
III.
This ordinance shall become effective immediately from and after its
passage as provided by the Euless City Charter and the laws of the State of
Texas.
PRESENTED AND PASSED ON
called meeting of the Euless City Council
�a vote of 4 _ ayes, 0_ nays, and
`A Tv
0
Kay iney, City S et ry
APPROV AS(-TO F M:
l
City Attorney
ORDINANCE NO. 726, PAGE TWO
FIRST AND FINAL READING, at a
on the 21st day of December, 1982, by
n abstentions.
APPROVED:
Harold D. Samuels, Mayor
VCL `742-0 PACE 347
APPLICATION FOR THE VACATION OF UTILITY
EASEMENT IN THE CITY OF EULESS, TEXAS
EASEMENT LOCATION
N.o . v o/
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. Vii, 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 fJ M
Why Consent Not Obtained
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B. Name
Address
Why Consent Not Obtained
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5. Such utility easement should be vacated because:
Page 1 of 2
ie
VCL `7420 PACE 348
6. Such utility easement has been and is being used as follows:
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THE STATE OF TEXAS X
COUNTY OF TARRANT
BEFORE ME, the undersigned authority, on this day personally appeared
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 oath
state that the information contained in such application is true and correct
to the best of C knowledge and belief.
NoEaW Public, T&YrifiE County, as
n. r
`y
sea*
Page 2 of 2 VCL '7420 PACE 349
EASEMENT LOCATION to 7'-
.,
EXHIBIT NUMBER 1
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Being that portion of 149
4Z26
in the City of Euless, Tarrant County, Texas, and being more particularly C
described as follows: Ca � %2fC�'� 2'Y
WL `74%0 PA+; GO
EASEMENT LOCATION
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 sotght 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:
Vul `74 %0 PAGE 351
EASEMENT LOCATION ZD z d, elk e
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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 GA,COMPANY J
By'
Titles
SOUTHWESTERN BELL TELEPHONE COMPANY
By: J, f— X�'ak
Title N'twk.Svcs.Supv.= Distr,.
vcs.Eng. (Design)
TEXAS POW R & LIGHT �CO Y STORE.R�CABLE COMPANY
By S L BY: /
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Title: Title:q(� .
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.
e--
City Engineer, City of Euless, Texas
vex `7420 PbrE 35.).
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EASEMENT LOCATION
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: G / ;� 'G�� Address
Address:
Address:
Address:
Address:
Address:
Address:
Address:
Address:
WL `7$ %0 nq 353
G_�. �e�ing company
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1<kr leson, texas 76028 295 -1148
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EX�SriNG 7s� EASEMENT
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SKETCIi OF A 7.5 FOOT WIDT.' EASDIENT TO ISL
AI;ASDO\I:II IN LOT 35, BILOCK E, CINNA`.ION HIDGE.. PII. TWO,
1'd ADDITION TO Till. CITY OF LUESS . TAit ^ANT COUNTY. TEXAS.
1CCr1RUI `a; TO THI 111.A'I PI.COPDFD I'; VOL :ml: 388-152, PAGE 54 ,
PI.AT 'PEC(MI):�. 'I':1P,R ".V "F COt °CT'1', '1'1:XAS. SAIL) PI)IITION OF F.ASI:-
'11: A'F T(1 BI AI3I1S? W) P) DILSC•PI',iED A" F(11j1 M%N Z:
13EING Tilly No l,Ti1 2.5 FEET OF A 7.5 FOO1' WIDE II.ASI :%IFN'I' ALONG
THY SOUTH 1,1SE OF LOT 35, BI -.00K E, CIN ?;A'IOti RIDGE.
PIJASl 'Fitt(). A "' ADDITIO',' TO THE' CITY OF ARI,I ":C'CC)ti.
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VCS '2420 PACE 354