HomeMy WebLinkAbout816 10-09-1984ORDINANCE NO. 816
AN ORDINANCE VACATING AND ABANDONING
A PUBLIC UTILITY EASEMENT ON THAT PORTION
OF TRACT 6B -R, TRACT 7, AND TRACT 8,
WESTPARN CENTRAL 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 deterind 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 Tract 6B -R, Tract 7, and Tract 8 Westpark Central
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.
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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 9th day of October,
1984, by a vote of 5 ayes, _0 nays, and p absten-
tions.
APPROVED:
rftu� -CLC �%
Harold D. Samuels, Mayor
i
ATTEST:
Kay Rai City Secretary
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ORDINANCE NO. 815, PAGE TWO OF TWO
APPLICATION FOR THE VACATION OF UTILITY `
EASEMENT IN THE CITY OF EULESS, TEXAS
EASEMENT LOCATION Westpark Professional Centre
No. Date: August 14, 1984
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 tobe - 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 None.
Address
Why Consent Not Obtained
0
Name
Address
Why Consent Not Obtained
5. Such utility easement should be vacated because:
It prohibits development of a new east west through street desired
by the ovmers.
Page 1 of 2
ORDINANCE NO. 816
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6. Such utility easement has been and is being used as follows:
suhject to malting
The subject easements and vacation request is A6txpke9ent4xiwxN96X
connection to service line prior to removal of the existing line from
service.
esthav, Interest, IVc.
1800 West Loop So., Suite 1125
ress
Houston, Texas 77027
THE STATE OF TEXAS X
COUNTY OF TARRANT X
BEFORE ME, the undersigned authority, on this day personally appeared
Jerry D. Wall, V.P. Project Manager
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 correct
to the best of his knowledge and belief.
Seal
C`
Page 2 of 2
ORDINANCF NO. 816
Notary/Public, Tarrant County, Texas
'Vi 798G PeCfV 7
Application to Vacate
Street No.
EXHIBIT NO. I
Being that portion of that certain public street situated in Westpark Central
Addition to the City of Euless, Tarrant County, Tlexas, and being more
particularly described as follows:
BEING all of those easements(Drainage and Utitlity) as shown on
the plats of Tract 6B -R, Tract 7, and Tract 8 Westpark Central
addition as recorded in Vol. 388- 154, Page 57; Vol. 388 -124,
Page 88, and Vol. 388 -124, Page 88, D.R., T.C.T. respectively.
ORDINANCE NO. 816 -3- rl 7986 ?1717515
EASEMENT LOCATION
EXHIBIT NUMBER 2
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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:
See attached Exhibit B.
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ORDINANCE NO. 816
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Application to Vacate
Street No.
EXHIBIT NO. 3
The undersigned public utility companies, using or entitled to use, under the terms
utility
and provisions of our respective franchises with the City of Euless, that portion of the pti
easement Utility Easement
staeet sought to be vacated in the Application to Vacate urtc above referrred to, do hereby
consent to the vacation and abandonment of the described portion of such R#r�t. utility easement.
LONE STAR GAS COMPANY
BY:
CCGR.f',, Aare
TEXAS POWER d LI f�T OMPANY
Wifflo"NAWA
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STORER ABLE COMMUNICATIONS
BY:
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CO.
The undersigned, acting for the City of Euless, certify that 1 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.
.b�iR,7lMBut � ort,rj
ORDINANCE NO. 816 5 �- 798c) Py, 1'781
EASE ?LENT LOCATION
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.
T�yyi -b � L ✓B T � QCs
Address:' 7if: Address:
Ad re s : r �a
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(SEE ATTACHED LETTER)
AU UMNW00D JOINT VENTURE
Address: 2275 WESTPARK COURT
Address:
Address:
ORDINANCE NO. 816
Address:
Address:
Address:
Address:
Y1 '798G P01762