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Home My WebLink About782 03-27-1984ORDINANCE NO. 782 AN ORDINANCE VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT ON THAT PORTION OF LOT 41, BLOCK F, McCORMICK FARMS PHASE 2 -B 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 41, Block F, McCormick Farms - Phase 2 -B 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. 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. This ordinance shall become effective immediotely from and after its passage as provided by the Euless City Chartcr 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 27th day of March, 1984, by a vote of 5 ayes, jo nays, and .p abstentions. APPROVED: Uu4,iS, :5z1a Harold D. Samuels, Mayor ATTEST: Kay Piney, City Se •y ORDINANCE NO. 782 , PAGE TWO APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION South in' , Lot 41, Block F. McCormick Farms, Phase 2 -B, Euless, Tarrant County, Texas. No. Date: 2 -15 -84 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. '_, 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 ail_ 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 3 Name Address _ .;hy Consent Not Obtained Name Add re.ss —_ — Why Consent Not Obtained 5. Such U0 40y ensenumt should be vacated because: Southwest corner of house encroaches 10' Drainage and Utility Easement 4.3 feet Page 1 of 2 ORDINANCE NO. 782 6. Such utility easement has been and is being used as follows: Easement for existing 30" Storm Sewer CGC.� �CL2mv� THE STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, the undersigned authority, on this day personally appeared 1,0 wtcP— P,6ja (JIC-k--t T3., -JIEQ- 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 know].edge and belief. G�� /- ' ace 4 -- Notary Public, Tarrant County, Texas Se,i L Pace 2 of 2 ORDINANCE NO. 782 EASI'M17N'P LOCA110N UH131T NUMBER 1 Being that portion of lot 41 Block F McCormick Farms - Phase Two -B Addition in the City of Euless, Tarrant County, 'Texas, and being more particularly describe? as fo.'lows: BEGINNING at a point which is on the West wall of an existing house, and which points bears North 89 degrees 34 minute's 30 seconds East 31.8 feet and North 10.0 feet from an iron rod found for the South- west corner of Lot 41, Block F, McCormick Farms, Phase 2 -B, Euless, Tarrant County, Texas; THENCE South 5 degrees 58 minutes 06 minutes East along the west wall 4.3 feet to the Southwest corner of the house; THENCE North 84 degrees 04 minutes 51 seconds East along the South wall,44.7 feet to the Southeast corner of the house; THENCE South 89 degrees 34 minutes 30 seconds seconds West 44.9 feet to the place of beginning and containing 96 square feet (0.002 acres) of land more or less. 0 ORDINANCE NO. 782 EAS : :Y :INT 7LOCA ... 0N EXh?1: }rp y''M11.Et 2 The fo'l'lowing is a plat or sketch of the utility easement sought to be vacatee in the above numbered ap9 ;Lcat.on, showing the surrounding area co' the nearest' streets 9.n r.J�:!. d�secL�ons, a6utLing lots, the block or blocks :n w'.rch the portion of CTte usilicy easemerVsought to be vacated is si*_uatec'., anti; the addition or additions .n w /ch the portion of the _d_'_ity easemee: sought to lie ve!c ^ced, is site` !. Also, the names of rocorc' owners of Ll+e abutting loss xre � °,I,own� ,, _Jv '/iP9 °3A- 30E 31.H ` sH9 °3 +'30 "tn/ 44.4 " UTILITY E5. " T-i CITY an EL LESS /D' ACCESS ESA,','- — r p Mc(1n?M!CK DEVELOPMENT C4RP f`�02T1! rn�oac / P'rmane ' iOP2n SPaca ORDINANCE NO. 782 5C)CK 8% mrr: /46 oa tom. `? :S Ex,"ZE S'.Y �:CRCEO ^:;D L ^ERS'_O00 EY T "E ACCEPT, -.CE CF ':_S SUR."EY PLAT "'AT "S PURPOSE ''S FCR CLCS:I;G CF 'G PT "SED R_ L '',J "I 't T'iJ Ci 'C 1` T - rJC CC %r S R. A. C'R ��'; 3E., F T OF "AE TITHE CC'P „'.Y, D - 27�.,o_R _ :1RT'C_ AR 'R,15S,:C'IC'1 CN Y. :S I'D TO 'E JSED FOR ANY CO:ISTRUCTIC,9. n SR-117S ,;SSU� ES f�C 4ESPGNS :S'' 1'Y FC2 ;,';Y CSE C', REL :RICE TNERE:N 3Y F1';Y OTTER PERSON OR PERSONS. I 70 O' r' I >RAIN Fi UT'IL E` -`7 >' ) .I L 10 41 10 � t -FUSE �NvRCAt llES , I F oy 4 eJ I� I� I u, c y I I C � h III {�b LY S ti 1 � I B/z I I i q8. .. z14z5 To /:ae2iMGTaf I�� i, t i y ERWIN DRIVE i ,ova E PLAT OF: I , I Lot 41, Block F, McCormick Farm, Phase 2 -B, y ORDINANCE NO. 782 Euless, Tarrant County, Texas. 2193 E2 VJIN DRIVE 22C5 W. DIVISION, SUITE A -9 _�'� ARLINGTON, TEXAS 76012 jU!'(�, =Yc d�\s (14ETRO) 265 -6676 � EASEMENT LOCATION 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'.bacation and abandonment of the described portion of such utility easement. LONE S.TAIZC�AS CO ANY % SOUTHWESTERN BELL TELEPHONE COMPANY \ / / BY: ��_ <. . /L /�r 1�1� 5/� By � � Title cA 721 / ! TitleAl O / ,5[ -t a - E4, TEXAS POWER & LIGUT COMPANY By'I-��I — Title I_t_ L;c C .L.�c, STORER CABLE COMPANY By: ;� F J Title:I'2t 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. I� City Engineer, Cn ity of Euless, 'Pesos ORDINANCE NO. 782 EASEMENT LOCATION EXT1131T 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 sucli 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. - l %TY 6F E—LA LETS Address: 10 1Jur�eia crwi 1J41vt; VLU LESS, TIP-S 4) Address: Address: Address: ALIdress: ORDINANCE NO. 782 Address: Address: Address: Ad(Ires:;: ACY ress :