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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. ""'!_ 7986 loom 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 U 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 w.!. '7986 Pa ^E1'75Ei l 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 i 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. I 798G W11'759 ORDINANCE NO. 816 _ PO W ND•St'aL'Ld Wa lJoe - - 7 - - f '� 0 \r 3 41L. i J O 12.128 ACS. C _ /C1 RFL R.a7.... �y t _eo'or�uvaE uv� s � :.' R� RfC /ko7 RK a % a tom' N it L, !t ! +"A/�• caz _..AfI&O 4b "/• I a Pan/ of ng Re glennio �I ............arwo Y ■ W _ J l- _ WESTPARK WAY $ COMMENCING i t i# 1 ti c: I O 2 w U z z H q a 0 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 � STORER ABLE COMMUNICATIONS BY: / 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 7 -�5U,7T5 I/Z f (SEE ATTACHED LETTER) AU UMNW00D JOINT VENTURE Address: 2275 WESTPARK COURT Address: Address: ORDINANCE NO. 816 Address: Address: Address: Address: Y1 '798G P01762