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Home My WebLink About729 01-11-1983ORDINANCE NO. 729 AN ORDINANCE VACATING AND ABANDONING A PORTION OF NORTH MAIN STREET IN THE R. D. PRICE SURVEY, ABSTRACT 1206, IN 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 North Main Street, a public street hereinafter 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 North Main Street situated in the R.D. Price Survey, Abstract No. 1206, in 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 street. 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. VOL '7446 PACE1968 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 regular meeting of the Euless City Council on the 11th day of January, 1983, by a vote of 4 ayes, 0 nays, and 0 abstentions. APPROVED: 1Y. Harold D. Samuels, Mayor r ATE' K`.'�!R�fiey, city Se27ary APPROVED AS TO FORM: l' C1 v Attor ev .0 ORDINANCE NO. 729, PAGE TWO VOL 1446 MU1969 s APPLICATION FOR THE VACATION OF A PORTION OF STREET IN THE CITY OF EULESS, TEXAS STREET LOCATION Partion_of North main Strppt Smith of Chaak qnn- r�qe -X Road and North of Little Bear Creek NO. ____ _ DATE: necember 9, 1982 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 street 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 idemnify 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 street 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 above described portion of such street 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 vacation to 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 street should be vacated because: It is no longer needed as Right -of -Way due to the realignment of proposed pavement and due to the proposed fill on the adiacent nroperty, ORDINANCE NO. 729 Page 1 of 2 von 7446 PACE1970 A 6. Such street has been and is being used as follows: Street right -of -way for North Main Street. McCORMICK DEVELOPMENT CORPORATION THE STATE OF TEXAS X COUNTY OF TARRANT X Vice President BEFORE ME, the undersigned authority, on this day personally appeared David S. Bagwell , Senior Vice President of McCormick Development Corporation 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 his orrev,t,'to the best of knowledge and belief. Aq i Not Public,. Texas Seal ORDINANCE NO. 729 Page 2 of 2 VOL '7446 RCE19'71 C 0 STREET LOCATION Portion of North Main Street South of Cheek Spar er Road and North o Little Bear Creek EXHIBIT NUMBER 1 Being that portion of North Main Street in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at a point for corner in the Northeast corner of that tract or parcel of land designated " TRACT ONE - PERMANENT RIGHT -OF -WAY" as conveyed to the City of Euless by deed recorded in Volume 5921, Page 399, of the Deed Records of Tarrant County, Texas; THENCE South 12 degrees 41 minutes 50 seconds East, along the East line of said Right -of -Way, a distance of 281.96 feet to a point for corner; THENCE North 32 degrees 50 minutes 16 seconds West a distance of 37.05 feet to a point for corner; THENCE North 17 degrees 03 minutes 19 seconds West a distance of 248.57 feet to a point for corner in the North line of said Right -of -Way; THENCE North 78 degrees 32 minutes 25 seconds East, along the North line of said Right -of -Way, a distance of 31.65 feet to the POINT OF BEGINNING, and containing 5,714 square feet of land, more or less. wfi- 1,7446 P4CE 19'72 ORDINANCE NO. 729 En STREET LOCATION Portion of North main street South of Cheek .Sparger Road and NortH of 1 e Bear Creerc EXHIBIT NUMBER 2 The following is a plat or sketch of the street 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 street sought to be vacated is situated, and the addition or additions in which the portion of the street sought to be vacated is situated. Also, the names of record owners of the abutting lots are shown: See Attached Sketch ORDINANCE NO. 729 vuL 7446 PaU973 0 c ypAP66R C14EE1,4,AAn r�- \ Al 78'.32 85 "e f0 1Nr OF 49MI IAIIA16 Z 1 V :w Z N rwer 1B a Z N � .Q j . ON► TRACT 14 Oe&w O. Morr;Son 4.. R. 0. Price_ 6arve - Abafrrc! /206 B. F. Crov/ey Survey- A h-& ezo TRACT 6.41 Char /es M. Hunf I EXH�B /T NvMBFR Z 5ca /e: 1" -40' "uL `7446 PACE19;4 ORDINANCE NO. 729 s STREET LOCATION Portion of North Alain Street South of Cheek Sparger Road and North of Little Bear Creek 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 street sought to be vacated in the APPLICATION TO VACATE STREET above referred to, do hereby consent to the vacation and abandonment of the described portion of such street. LONE STAR GAS COMPANY By: Title: SOUTHWESTERN BELL TELEPHONE COPIPANY By: Title: ple _Lit;}, TEXAS POWER $ LIC ST(`;Z.ER. CABLE TV COMPANY By . By: Tit e : t�J� Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate street above referred to 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. The alignment for the right -of -way of North Main Street as shown by Exhibit No. 2 appears to be satisfactory provided that: 1. Compacted fill is placed in accordance with the engineering drawings submitted with the Final Plat of McCormick Farm -Phase Three A Addition to protect the structural integrity of the roadway embankment presently occupying the area being requested for abandonment. 2. All expenses required for the relocation or adjustment of existing utilities within the area being requested for abandonment are the responsibility of McCormick Development Corporation. 3. All expenses for the realignment of North Main Street paving improvements are the responsibility of McCormick Development Corporation. City Engineer, City of Euless, Texas ORDINANCE NO. 729 VOL `7446 F41.119175 STREET LOCATION portion of North 'Rain Street South of Cheek Sparger Road and North of Little Bear Creek EXHIBIT NUMBER 4 The undersigned, owners of property abutting upon that portion of the street 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 va4)tion and 4b,4donment. McCo .oxation Byr `. Dav d S. Ba 1 enior ice President Address: Suite 510 Address: 2001 Bryan Dallas, Texas 75201 Address: Address: Address: Address: Address: Address: Address: Address: Of2DINANCE NO. 729 vot- 17446 PACE19i6