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HomeMy WebLinkAbout727 12-21-1982ORDINANCE NO. 727 AN ORDINANCE VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT ON THAT PORTION OF LOT 44, BLOCK K, 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: The portion of the public utility easement situated on that portion of Lot 44, Block K, 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. ��� '74%0 nrE 356 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 FIRST AND FINAL READING, at a called meeting of the Euless City Council on the 21st day of December, 1982, by a vote of 4 ayes, p nays, and p abstentions. APPROVED: Harold D. Samuels, Mayor Tt r Ka Pa' y, City Sec tary it tto he ORDINANCE NO. 727, PAGE TWO VC -1 `7440 PAfE S�� APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION Z6-1- 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. I10 Name Address Why Consent Not Obtained Name Address Why Consent Not Obtained 5. Such utility easement should be vacated because: /1 >c°ce -.5jff T`J J '- Q!1/Pa 2��.,� 7 T 7i Page 'e o-, VCL 7420 PACE 358 6. Such utility easement has been and is being used as follows: z Y THE STATE OF TEXAS X COUNTY OF TARRANT I BEFORE ME, the' undersigned authority, on this day personally appeared le- 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 knowledge and belief. ;oxv-4-0 otary Public, arrant �- Seal Page 2 of 2 vC '7420 FAU 3 ,59 EASEMENT LOCATION Ge57 EXHIBIT NUMBER 1 Being that portion of Z'-e' t /�' 0 -/' ,-- :a7� in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: 2 r VCL 'M20 PAU 360 EASEMENT LOCATION Zo �/ T 8 C,l 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: Jip ZL/1XNC(� VCL '74:0 PACE 361 EASEMENT LOCATION r 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 r TEXAS POWERe& LIGHT C Y By: Title: SOUTHWESTERN BELL TELEP ONE COMPANY By: A- r ) Titlef Ntwk.SVCS.Supv.= Diat:'o- �Vcs,Erig. (Design). STORER CABLE COMPANY By: Title: �— 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 VCS 174:0 PACE 362 I EASEMENT LOCATION �)'�, �g�� 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, I amages` arising or growing out of such vac a 'on and abandonment. i L Address: r A .. ess: Ad Address: Address: Address: Address: Address: Address: VCL 1,7420 ?ASE 363 `••• EX�sT /�vG %3 � �/ a E�S6MENT %'► 35 ori V W w W � e Oo I� Q o� �Q4, h OQ � 35 _ C /NNAM O N L,9,,VE aIia ND( )';I,!) I': IOT 4d, I ;1,fWK K. CI RI.>r,I,., PiIA 1. 'D 0. AN ADDITION '11) 'I'llI CI'IN' OF IJ 1.I.r;S. i]i,1111A T ('Ul T. TI:XA 1('t t�TII)l.'i(I TO TIIC PEAT HICO'Pl!la� 1% V')I,I' "I1: :388 -153, PA(1,1 54, 15I -�- ,�� M THY 'kV '1-'i FI I"I .!I 'C'I' :1l.W11: 'I'll[ 1. -1ST ,a y Dc c . 3, /98 2 VCL 17420 paq 364