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Home My WebLink About805 09-11-1984ORDINANCE NO. 805 AN ORDINANCE VACATING AND ABANDONING A PORTION OF FULLER -WISER ROAD IN THE B. F. CROWLEY SURVEY, A -320, AND THE R. CROWLEY SURVEY, A -312, 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 Fuller -Wiser Road, 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 Fuller -Wiser Road situated in the B.F. Crowley Survey, A -320 and the R. Crowley Survey, A -312, in the City of Euless, particularly de- scribed 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 preserva- tion 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 11th day of September, 1984, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: ATTEST: Kay Raib¢y, City Secre Iy APPROVED A TO FORM: n ORDINANCE NO. 805 , PAGE TWO MOON/ APPLICATION FOR THE VACATION OF A PORTION OF FULLER WISER ROAD , A PUBLIC STREET IN THE CITY OF EULESS Application to Vacate Street No. Date: September 11, 1984 10 111L MAYOR AND CITY COUNCIL OF THE CITY OF EULESS: The undersigned hereby make application for the vacation and abandonment of that portion of the above nanied 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 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 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 �,hich 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 the public utilities to such vacation; 4. Attached, marked Exhibit No. 4, is the consent to such vacation of all the abutting property owners, except the following; (if none, so state) (a) Name: Address: - - - NONE - - - Why consent not obtained: (b) Name: Address: Why consent not obtained: (c) Name: Address: Why consent not obtained: (d) Name: Address: Why consent not obtained: ORDINANCE NO. 80S, PAGE THREE OF Tl4ENTY -FOUR 5. Such street should be vacated because: Fuller Wiser Road is being re— routed to align with existing section south of Harwood Road, therefore, leaving the existing section useless. 6. Such street has been and is being used as follows: Fuller Wiser is currently a 24' wide 'County' type road that is being up— graded to a 49' wide street section with a new aligiunent north of the intersection of Fuller Wiser and Harwood. TRILAND DEVELOPMENT NC. Venture Manager name of Applicant Eder rd P. Rea President 5400 LBJ Freeway, Suite 1000 Address One Lincoln Centre Dallas, Texas 75240 THE STATE OF TEXAS X C T X BEFORE ME, the undersigned authority, on this day personally appeared �! ta441 / • /0—eL, known to me to be a credible person and one o. the signers of the foregoing application, and who, after being by me duly sworn, did upon -A" oath state that the information contained in such application is true and correct to the best of -41 knowledge and belief. Notary Vub is in and for t Cc""+", Texas d OFFICE OF CITY SECRETARY CITY OF EULESS 201 NORTH ECTOR DRIVE .FULESS,TX 76039.3595 PHONE (817) 283 -5381 ORDINANCE NO. 305, PAGE FOUR OF TIVENTY -FOUR FIELD NOTES (Abandoned Fuller -Wiser 55 foot R.O.W. - North of HIGH VIEW DRIVE) Being a tractof land situated in R. Crowley Survey, Abstract No. 312, Tarrant County, Texas, and being in the City of Euless, Texas, and being more par- ticularly described as foliows: Commencing at the southwest corner of the Villages of Bear Creek, thence S 000 45' 09" E, along the existing east R.O.W. line of Fuller -Wiser Road (an existing 55 foot R.O.W.), 1070.45 foot to the POINT OF BEGINNING; Thence, S 000 45' 09" E. along the existing east R.O.W. of said Fuller -Wiser Road, 311.24 feet to the beginning of a curve to the right having a central angle of 80 26' 0211, a radius of 375.00 feet, and a tangent length of 27.65 feet; Thence, along said curve an arc distance of 55.20 feet to a point being the intersection of the north R.O.W. line of High View Drive (a 50 foot R.O.W.) with the existing west R_O.W. line of said Fuller -Wiser Road;- Thence, N 000 45' 09" W, along the existing west R.O.W. line of said Fuller - Wiser Road, 638.98 feet to the beginning of a curve to the left hav- ing a central angle of 190 17' 1211, a radius of 980.00 feet, and a tangent length of 166.52 feet; Thence, along said curve, an arc distance of 329.88 feet to the POINT OF BEGINNING and containing 0.5311 acre or 23,133 square feet of land. EXHIBIT "A" EXHIBIT 2, Pave 1 of 4, to ORDINANCE NO. 80S EXIIIBIT :A '10 ORDINANCE NO. 80S ORDINANCE NO. 805, PAGE. FIVE OF Tl4ENTY -FOUR - POINT OF COMMENCINET TERRA /HILL TfLAIL. d OINT VENTURE I I 1' =ad A= 190 1712` R = e30.00I L s POINT OF 31 6EC71NNIN¢ � 5O� °4509''E AREA = 23113 a f{. 391.24' z HI¢N VIEW PR. / — PlzoP FULLEfz- WISEIZ RR (GO'RO.W.) d�8 °2ro'02� '4 � •, 21�o51 L °55.20' w i)' \ 3 1 K u1 113 EXhlbit `0 EXHIBIT 2, Page 2 Of 4, to ORDINANCE NO. 805 EXHIBIT B TO ORDINANCE NO. 805 - ORDINANCE NO. 805, PACE SIX OF TWENTY -FOUR OFFICE OF CITY SECRETARY CITY OF EULESS 201 NORTH ECTOR DRIVE EUI,[SS, TX 76039.3595 PHONE 18111283.5381 FIELD NOTES (Abandoned Fuller -Wiser 55 Foot R.O.W.) (South of HIGH VIEW DRIVE) Being a tract of land situated in R. Crowley Survey, Abstract No. 312, Tarrant County, Texas, and being in the City of Euless, Texas, and being more par- ticularly described as follows: Commencing at the intersection of the centerline of Harwood Road (a 50 foot R.O.W.) with the centerline of Fuller -Wiser Road (an existing 55 foot R.O.W.); thence N 000 55' 52" W, along the centerline of said Fuller -Wiser Road, 21.91 feet to a point; thence S 89° 17';44" W, 30.00 feet to the POINT OF BEGINNING, said POINT OF BEGINNING being in the existing west R.O.W. line of said Fuller -Wiser Road; Thence, N 000 55' 52" W, along the existing west R.O.W. line of said Fuller - Wiser Road, 455.03 feet to a point; Thence, N 000 45' 09" W, along the existing west R.O.W. line of said Fuller - Wiser Road, 138.04 feet to a point lying in the south R.O.W. line of High View Drive (a 50 foot R.O.W.), said point being the beginning of a curve to the left having a central angle of 70 26' 0811, a radius of 425.00 feet, a tangent length of 27.62 feet; Thence, along said curve, an arc distance of 55.16 feet to a point lying in the existing east R.O.W. line of said Fuller -Wiser Road; Thence, S 000 45' 09" E, along the existing east R.O.W. line of said Fuller - Wiser Road, 141.53 feet to a point; Thence, S 00 °55' 52" E, along the existing east R.O.W. line of said Fuller - Wiser Road, 405.15 feet to the beginning of a curve to the left having a central angle of 891 52' 4811, a radius of 50.11 feet, and a tangent length of 50.01 feet; Thence, along said curve, an arc distance of 78.51-feet to a point lying in the north R.O.W. line of said Harwood Road; -- Thence, S 890 17' 44" W, 104.91 feet'to the POINT OF BEGINNING and containing 0.7626 acre or 33,219 square feet of land. EXHIBIT 2, Page 3 of 4, to ORDINANCE NO. 805 EXHIBIT "A" EXHIBIT A(2) TO ORDINANCE NO. SOS ORDINANCE NO. 805, PAGE SEVEN OF TWENTY -FOUR e= 1 °2G'c�n R= 425oo' = L = 55 ,1 L . IG' NI$N VIEW PR. (5o' R.O.W.) .,Y Nay °45'09 °W --- 05.04' —� AKEA= 3'„J,2195gfj' EX. FULLER- WISER ROAD (55' R -o.W.) POINT OF DEAF CFEE1-11 JOINT VE.NTUfzE �i d = 89°y1148� T= 50.01 °I I$ L= 18 -a1' 6ECTINNINCT z N00 5t 52�k1 �\—+ 21.91' -- MINT OF CONMENCINCT� 589 °71144 °k1 x°45'09 °E 141.53' 1 PROP FLItJ- E9•WKER Z.O. W.) � � I{QRWIX�D ROAD h89° 1714411W 104.91' II u Exhibit P� EXHIBIT 2, Page 4 of 4, to ORDINANCE NO. 805 EXHIBIT B(2) TO ORDINANCE NO. 805 ORDINANCE NO. 805, PAGE EIGHT OF TWENTY -FOUR OFFICE OF CITY SECRETARY CITY OF EULESS 201 NORTH ECTOR DRIVE EULESS. T% '76039 -3595 PHONE (81]) 283 -5381 Appliculinn to Va(:aLr. Slrret No. EXHIBIT NO. 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 public street sought to be vacated in the Application to Vacate Street above referrred to, do hereby consent to the vacation and abandonment of the described portion of such street. LONE STAR GAS COMPANY SOUTHWESTERN BELL TELEPHONE CO. TEXAS POWER & LIGHT COMP NY BY: f / J)csT2Ic-r LAXJuL-&,e LOWA STORER CABLE COMMUNICATIONS BY: 12,4 . '� , hI �S� l L 1?1-,7C�4 ✓acs /C "/ Go(;4'2in //LT; The undersigned, acting 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. ��l�tnn.Zd l� * Also note that upon said abandonment, a utility easement in the form necessary to maintain and repair the present facilities will be executed by all parties concerned. EXHIBIT S, PAGE I of 2, TO ORDISNANCE NO. 805 ORDINANCE NO. 805, PAGE NINE OF TIVENTY -FOUR :- liri•t tin. 1 =X1 i1111T NO. 3 The i:: dcisiiirn•d puliIic utility componics, using or entitled to u;e, under the I(2nns uid I)Inrr,inns of our respective francIIi.;cs with ttre ( -iLy of FIiIUss, that port-iun of the public r.0 -i•ct Naught to he v:u.aled in the Application to Vacate StreeL ,above referrrud to, do hereby row;cnt to the vnr-it ion and a!,';MdOnoirrit of the descrihud portion of such street I OfJI_ ';TAR (;AS (--O! AIVY IEXAS 110171 R & I_IGI -IT COMPANY [3 Y: SOU TI iWi- Sl I RN 13FL I_ TI- 1 1 -1'I iONF CO. 1 � - STORFR CABI_F COMMUNICATIONS BY: The undersiyned, acting for the City of Fuless, certify that I have carefully considered Lhe Applicat -ion to V,jcate Street above referred to from the standpoint of present rnd future needs of Lhe City of Fuless with respect Lo traffic and city utilities, and 1 see no objection to the requested vacation from Lhe City's standpoint. * Aiso note that a x)n said -bandoiun�nt, a utility easeinent in the fora necessaiy to r,ein'rain and rc;pair the present facilities wail ire executed by all parties eoncei nr�d. EXHIBIT 3, Page 2 of 2, to ORDINANCE NO. SOS ORDINANCE NO. SOS, PAGE TEN OF TWENTY -FOUR September 11, 1984 To the Euless City Council; On behalf of the Bear Creek III Joint Venture, we, as owners of the property along the east side of Fuller -Wiser Road, do hereby consent and request the abandonment of the old right - of -way. We understand that there shall remain a 15 foot utility easement. Sincerely, I M. Paul Spain Venture Manager EXHIBIT 4, Page I of 14, to ORDINANCE NO. 805 ORDINANCE NO. 805, PAGE ELEVEN OF TWENTY -FOUR N O T I C E Page Two or If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller wiser Road Abandonment Approved: (If married couple, oth spouses must sign.) Signature: 2CEZ —( 72 Printed Name: oyci r Address: PC, g ' Y 1X54 //1 71- 51 /),,c> T /Z-41 c/ Signature: '-' Printed Name: J-1 / Address: A) Et-) x 6,^ k Le_ / Lf i LL i & -, xA5 (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: _ Printed Name: Address: Signature: Printed Name: Address: EXII[I3IT 4, Pago ? of 14, to ORDINANCE NO. 805 ORDINANCE N0. 805, PACE TWU VE OF TWENTY -FOUR N O T I C E Page Two .Ya If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller Wiser Road Abandonment Approved: (If married couple, both spouses must Signature: j�Cif /z;4-1 ' / / /'L /'G( //D Printed Name: Z�: *I-Dlff xl-oco Address: /� �fri?�YC�cc/crJ ��JZ Signature: Printed Name: v�i �Cj y� i� L` "/Czi C/ Z7 Address: /,� ' �? ��E�l clOi� 1// e < i 1'),C, (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: Printed Name: Address: Signature: Printed Name: Address: EXHIBIT 4, Pago 3 of 14, to ORDINANCE NO. 805 ORDINANCE NO. 805, PAGE THIRTEEN OF TWENTY -FOUR N O T I C E Page Two or If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller Wiser Road Abandonment Approved: (If married couple, both spouses must sign.) Signature: �E�$ Printed Name: V Address: II oq- Signature: Printed Name: l 1 I v r, Attu Address: If o (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: _ Printed Name: Address: Signature: Printed Name: Address: EXHIBIT 4, Page 4 of 1.4, to ORDINANCE NO. 805 ORDINANCE NO. 805, PAGE FOURTEEN OF TWENTY -FOUR N O T I C E Page Two or If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller Wiser Road Abandonment Approved: (If married couple, both spouses must sign.) Signature: 2f zti, A ;r n 1 Printed Name: �� T T -, � ,r; dam,'_ � q � �,,,+ fe,�' Address: Signature: �/ ✓W// Printed Name: i c/^ APzl� . ✓ �js� , r,� �;,,�n,�jr / / �� c Address: A'C-/ (! 7 (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: - Printed Name: Address: Signature: Printed Name: Address: EXHIBIT 4, Page S of 14, to ORDINANCE NO. 805 ORDINANCE NO. 805, PAGE FIFTEEN OF TiVENTY -FOUR N O T I C E Page Two or If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller Wiser Road Abandonment Approved: (If married couple, both spouses must sign.) Signature: Printed Name: 4"Ci!l //%� Address: Signature: �Ie_ Printed Name:!Fb i Address: //% (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: - Printed Name: Address: Signature: Printed Name: Address: EXIII13IT 4, Paoc 6 of I4, to ORDINANCE NO. 805 ORDINANCE NO. 805, PAGE SIXTEEN OF TWENTY -FOUR N O T I C E Page Two or If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller Wiser Road Abandonment Approved: (If married couple, both spouses must sign.) r Signature: �� y 1��1��. � � /�� Printed Name: li / -4-G /t-d 4-1A(?-,;2'-2E Address: /% �y // 2��CoUJ i/ e Iy L��) - / G�e55 ��S 7,03 j Signature: ,4i�lyy�(.4] � S.l'tLz Printed Name: Address: )/1n or. FUteS;' -" tS ` /603`l (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: _ Printed Name: Address: Signature: Printed Name: Address: EXHIBIT 4, Page 7 of 14, to ORDINANCE NO. 805 ORDINANCE NO. 805, PAGE SEVENTEEN OF TWENTY -FOUR N O T I C E Page Two or If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller Wiser Road Abandonment Approved: (If married couple, both spouses must sign.) 0 Signature: 51. Printed Name: ✓ %�/y /�z�t% ✓ l j C� �� Address: ///I Signature: Printed Name: Address: (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: _ Printed Name: Address: Signature: Printed Name: Address: EXHIBIT 1, Pa;e 8 of 14, to ORDINANCE NO. 80S ORDINANCE NO. 80S, PAGE EIGHTEEN OF TWENTY -FOUR G N 0 T I C E Page Two IWO If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461-2000 Ed Fields Attorney at Law 670-1100 Fuller Wiser Road Abandonment Approved: (If married couple, both spouses must sign.) Signature: Printed Name: Address: Signature: Printed Name: Address: (If the.above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: Printed Name: Address; Signature: Printed Name: Address: EXHIBIT 4, Page 9 of 14, to ORDINANCE NO. 805 1 ORDINANCE NO. SOS, PAGE NINETEEN OF TIVENTY-FOUR N O T I C E Page Two or If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller Wiser Road Abandonment Approved: (If married couple, both spous ) J 7 x3� Signature: C r� / Printed Namg� J—Ay S C L.11/./ ?e Address: 12D1 -XZ ,01ikJ //a & Signature: �i ✓�� '�� Printed Name: /Z z Address: k2o' -, X//C/OdG ✓yic -'u (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: /C Printed Name: Address: Signature: Printed Name: Address: EXHIBIT -1, Pagc 10 of 14, to ORDINANCE NO. 805 ORDINANCE NO. 805, PAGE TiVENTY OF TIVENTY -FOUR N O T I C E Page Two or If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller wiser Road Abandonment Approved: (If married couple, -both spouses must sign.) Signature: Printed Name: 14 / A Address: f o- 0 r=F �� ✓- !ut(- - ,�- �-�2 -w Signature: /Laec- 2L�12 tzL :W,Lc-�1 Printed Name: �%17/� / urI (f 4y Address: (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: _ Printed Name: Address: Signature: _ Printed Name: Address: EXHIBIT 4, Page 11 of 14, to ORDINANCE NO. 805 ORDINANCE NO. 805, PAGE TWENTY -ONE OF TWENTY -FOUR N O T I C E Page Two or If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller Wiser Road Abandonment Approved: (If married couple, both spouses must sign.) Signature: Printed Name: r7-)- .sV �' �1 i '1 T Address: Signature: -%( Z�a„ZZ_ Printed Name: lie Z—.�A A1. PA, -/- Address: (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: _ Printed Name: Address: Signature: Printed Name: Address: EXIT 3IT 1, Pagc 12 of 14, to ORDINANCE NO. 805 ORDINANCE NO. 805, PAGE TWENTY -TiVO OF TIVENTY- FOUR. i . N O T I C E Page Two L'yo If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller Wiser Road Abandonment Approved: (If married coupl othses) must sign.) Signature : Printed Name: Address: Signature: Printed Name: Address: (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: Printed Name: Address: Signature: Printed Name: Address: EXHIBIT 4, Page 13 of 14, to ORDINANCE NO. 805 ORDINANCE NO. 80S, PAGE TIiENTY -THREE OF TWENTY - FOUR . N O T I C E Page Two rr, If you have questions regarding this matter, you may call: Bob McFarland Euless City Attorney 461 -2000 Ed Fields Attorney at Law 670 -1100 Fuller Wiser Road Abandonment Approved: (If married couple, both spouses must sign.) Signature: Printed Name: Address: Signature: _ Printed Name: Address: (If the above are not the present owners, all present owners must sign here, including both spouses if applicable.) Signature: Printed Name: nddress: Signature: Printed Name: Address: G\IIIBIT 4, Pa,c t4 of 14, to ORDINANCE NO. 805 ORDINANCC NO. 805, PAGE 'IItENTY -FOUR OF TIVENTY -FOUR