HomeMy WebLinkAbout763 10-11-1983ORDINANCE NO. 763
AN ORDINANCE VACATING AND ABANDONING
A PUBLIC UTILITY EASEMENT ON THAT PORTION
OF LOTS 1 THROUGH 6, BLOCK 1, AIRPORT BUSINESS PARK 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 Lots 1 through 6,_Block 1, Airport Business Park
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.
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 llth day of October,
1983, by a vote of ayes, nays, and Q absten-
tions.
APPROVED:
Ha'r6ld D. Samuel—s, ff—ayor
ATTEST:
e
Kay R ey, City ecretary
APPROVED AS TO FORM:
Z'
City Attorney
ORDINANCE NO. 763, PAGE TWO
APPLICATION FOR THE VACATION'OF UTILITY
EASEMENT IN THE CITY OF EULESS, TEXAS
EASEMENT LOCATION See Exhibit A attached hereto
No. Date : 9/30/83
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, nhowin}; th,
abutting lots and blocks, and the addition in which th< 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: Not
Consistent with proposed development plan.
Page 1 of 2
6. Such utility easement has h, n and is being used ns follows:
Has never been used
APPLICANT: OWNER:
METRO EQUITIES, INC.
By
is c' es
Executive President
THE STATE OF TEXAS X
COUNTY OF TARRANT X
FWMC DEVELOPMENT CORP.
By
Vice President
BEFORE ME, the undersiy;nco authority, on tl h o i p� rnun.il 1% al pywred
AG st_a%0�.r' �'. jui.�fc ,v CtiC c!u�``t��� /''.�,G �,.- �.�c��!_:�- 11 l
el—
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 in Formation contained in-such application is true and correct
to the best of
Seal
Page 2 of 2
knowledge and belief.
Notary Pub I ir, 'I` I Iniill l'.uiiIIt
EASEMENT LOCATION See Exhibit A
EXM B LT NUMBER 1
Being that portion of _Lots 1-through 6, Block 1, Airport Business
lat recorded in Real Estate Records, Tarrant County, Texas
in the City of Euless, Tarrant County, 'texas, and being more particularly
described as follows:
Utility easement ten (10) feet in width located on Block 1, Airport Business
Park, as shown on Exhibit A attached hereto
EASEMENT LOCATION See Exhibit A
EXHLBfT NUMBER 2
The following is a plat or sketch of the utility easement snnYhL 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 he vacated is situated. Also, the names of
record owners of the abutting lots are shown:
See Exhibit A attached hereto
FWMC Development Corp. owns all lots abutting the easement to be vacated.
EASEMENT LOCATION See Exhibit A
EXHIBIT NUMBER 3
The undersigned.public utility companies, using or entitled to use,
under the terns 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:
TEXAS POWER & LIGHT COMPANY
By. - - - -- - -- --
Title:
SOUTHWESTERN BELL TELEPHONE COMPANY
By:
Title:
STO R C LE OMPAVY
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.
Cty Engineer, City of4iu less, 1'exas-
EASEMENT LOCATION See Exhibit A
E.XIIIBIT NUMBER 3
The u IIdo rs i$ne d. pub I i, utility companies, using; or entitled t'' use,
under the terms and provisions of our respective franchises with the Cit_v
of Euless, that portion of the utility easement sought to be vaunted in
the APPLICATION TO VACATE lI'f -11JTY EASI:NENT above referenced to, do hercbv
consent to the *vacation and abandonment of the described portion of such
utility easement.
LONE, STAR S OMI ANY
By:
Titl :
TEXAS POWER & LIGHT COMPANY
By:_
Tit] _e :
SOUTHWESTERN( B)GI,L 1'Ff_111'HON[: COMPANY
By: �� G �✓ /G
Title: Mgr..- Distr.Sves Eng.,(Design),
STORER CABl,li CONI'AN'.
By.
1'itic:
The undersigned, City Engineer for the City of Euless, ertifv that
T 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 request-ed vacation from the City's standpoint.
VC -_ --
City 1!nginccr, Cil N, of P.ul css -.l.o VIS
EASEMENT LOCAt]ON See Exhibit A
XIIILIT NUMITR 4
The un de r s i y�no, 1, rnaners of property ahntt ill y_ uptnt that portion of the
utility eascmont immcd and described in the Appl ic.it ion to Vacato referred
to above, do herehy consent to such vacation and abandonment, and do hcrebv_
release the City of Euless from ;ill claims for damages arisint, or growing
out of such eacation and abandonment.
FWMC D VELOPMENT ORP. ,
B
A ress: 26 West Freeway ._- Address
Fort Worth, Texas 76102_ ___
Address:
Address:
Address:
Address:
Address:
Address:
Address:
Address:
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