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Home My WebLink About772 01-24-1984ORDINANCE NO. 772 AN ORDINANCE VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT ON THAT PORTION OF LOT 2, BLOCK B, INTERNATIONAL /REGIONAL INDUSTRIAL COMPLEX 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 2, Block B, International /Regional Industrial Complex, 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 12WS of the State of Texas. PRESENTED AND PASSED ON FIRST AND FINAL READING, at a regular meeting of the Euless City Council on the 24th day of January, 1984, by a vote of L4:: ayes, _ nays, and e) absten- tions. APPROVED: _ �d sz� Harold D. Samuels, Mayor ATTEST: Kay R ne , Cit ecretary 1' dw2j"il 000041 1Mww�wM=@RU0z em ORDINANCE NO. 772 , PAGE TWO OF EIGHT APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION Lot 2, Block B, International /Peoional Industrial Comolex No. Date: / le -8�e 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 Address Why Consent Not Obtained B. Name None Address _ Why Consent Not Obtained 5. Such utility easement should be vacated because: The existing easement divides Lot 2, Block B, so that no buildino can be erected in the center portion of the lot. To fully use Lot 2, Block B the existing easement should be vacated. The owner of Lot 2, Block B proposes to dedicate an easement of 6 foot width around the interior of Lot 2, Block B, along the North line, the East line, and the South line connecting the unvacated portions of the existing easement Page I of 2 ORDINANCE NO. 772 1 PAGE THREE OF EIGHT 6. Such utility easement has been and is being used as follows: The existing easement is currently not in use for any utility. THE STATE OF TEXAS X COUNTY OF TARRANT X 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 /rjj knowledge and belief. Notary Pf lic, Tarrant county, Texas Seal Page 2 of 2 ORDINANCE NO. 772 , PAGE FOUR OF EIGHT EASEMENT LOCATION Block B International /Regional Industrial Complex EXHIBIT NUMBER 1 Being that portion of an existing 6' utility easement in Blnrk- in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: Part of an existing 6 foot utility easement to be vacated in the Kitty House Survey, Abstract 678, and shown on a revised plat of Part of Block B, International /Regional Industrial Complex, as recorded*in Volume 383 -75 on Page 41, Tarrant County Plat Records, Tarrant County, Texas; being more particularly described as follows: COINMENCING at a point in the East line of Royal Parkwav (a 60' R.O.W.), said point also being in the 'lest Line of Block B at a 20' radius curve connecting the East line of Royal Parkway and the North line of South Pineline Road (a proposed 68' P.O.W.); North along the Hest line of said Block B a distance of 239.02 feet; N 88 deg. 26 min. E along the North line of Lot 1, Block B a distance of 164.25 feet; N. 1 deg. 25 min. l along the East line of Lot 2, Block B, a distance of 14.08 feet to the POINT OF BEGINNING: THENCE: S. 38 deg. 26 min. W. along the South line of said existing easement a distance of 6.00 feet to a point for the Southwest corner; THENCE: N. 1 deg. 25 min. W. along the West line of said existing easement a distance of 277.69 feet to a point for the Northwest corner; THENCE: N. 88 deg. 26 min. E. along the North line of said existing easement a distance of 6.00 feet to a point for the Northeast corner; THENCE: S. 1 deg. 25 min. E. along the East line of said existing easement a distance of 277.69 feet to the POINT OF BEGINNING and containing 1,666 Square Feet or 0.038 Acres of Land. ORDINANCE NO. 772 , PAGE FIVE OF EIGHT EASEMENT LOCATION Lot 2, Block B, International /Regional Industrial Complex 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: r,V1 ea "r _ � I .I �OMM°E NC/ N!1 77/f T /._.D'L'O wez2&P) Ilve i 0 v ti N� 3 � a 2 III I To tab VAC—AT.B p �I �I ry I �,Eyi�✓ /�irvc, I� o I � I 0 �I �I ORDINANCE NO. 772 , PAGE SIX OF EIGHT EASEMENT LOCATION Lot 2, Block B, International /Regional Industrial Complex 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. TEXAS POW [R & LIGHT CO Y + BY: Title: 1 :i C 1- SOUTHWESTERN BELL TELEPHON,� COMPANY Titlg': STORER CABLE COMPANY By: T i t I 4. °- ?�c._5 «.! 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 ORDINANCE NO. 772 , PAGE SEVEN OF EIGHT EASEMENT LOCATION Lot 2 Block B, International /Regional Industrial Complex 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: 3449 Dalworth St. Address: D Arlington, Texas 76013 Address: Address: Address: Address: Address: Address: Address: Address: ORDINANCE NO. 772 , PAGE EIGHT OF EIGHT