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HomeMy WebLinkAbout823 12-11-1984ORDINANCE NO. 823 AN ORDINANCE VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT ON THAT PORTION OF LOT 7, BLOCK 2, AIRPORT BUSINESS PARK, 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 7, Block 2, Airport Business Park, 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 laws of the State of Texas. ORDINANCE NO. 823 , PAGE ONE OF NINE VC! 80,30 ?irtjE?S EASEMENT LOCATION -LatZ,BLDck j_ -AirpAarj-[jUsiness Park EXHIBIT NUMBER 1 Being that portion of Lot 7 Block 2. Airport Rusinats Park in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of Lot 7, Block 2, Airport Business Park as recorded in Volume 388 -102, Page 17, Tarrant County Plat Records; THENCE south 67 degrees 15 minutes west for a distance of 150.0 feet; THENCE north 22 degrees 45 minutes west for a distance of 20.0 feet; THENCE north 67 degrees 15 minutes east for a distance of 5.0 feet; THENCE south 22 degrees 45 minutes east for a distance of 15.0 feet; THENCE north 67 degrees 15 minutes east for a distance of 145.0 feet; THENCE south 22 degrees 45 minutes east for a distance of 5.0 feet to the point of BEGINNING and containing 825.0 square feet of land. ORDINANCE NO. 823 , PAGE TWO OF NINE YCL 80'10 Pa,Eis39 i PRESENTED AND PASSED ON FIRST AND FINAL READING, at a regular meeting of the Euless City Council on the 11th day of December, 1984, by a vote of + ayes, 0 nays, and 0 abstentions. APPROVED: Harold D. Samuels, Mayor ATI EST: APPROVED AS TO FORM: Z-eiii�tyv Attorney ORDINANCE NO. 823 , PAGE THREE OF NINE w: 80.1 ?ZilG40 APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION Lot 7, Block 2. Airport Business Park No. Date: 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 G7 Name Wu1jC Address Why Consent Not Obtained Name Address Why Consent Not Obtained 5. Such utility easement should be vacated because: Page 1 of 2 - y, "_ 8J,10 ? o; 1641 ORDINANCE NO. 823, PAGE FOUR OF NINE 6. Such utility easement has been and is being used as follows: Easement is vacant on the ground. � O 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 �/,'���- knowledge and belief. Seal Page 2 of 2 ORDINANCE NO. 823, PAGE FIVE OF NINE Notary Public, Tarrant Coun Texas MILDRED BRADLEY DEAM v-� 80,10 ?01642 EASEMENT LOCATION dot 7. Rlork 2, Ai_ rp rt BUsiness Park EXHIBIT NUMBER 1 Being that portion of Lot 7, Block 2. Airport Business Park in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: BEGINNING at the southeast corner of Lo as recorded in Volume 388 -102, Page 17, THENCE south 67 degrees 15 minutes west THENCE north 22 degrees 45 minutes west THENCE north 67 degrees 15 minutes east THENCE south 22 degrees 45 minutes east THENCE north 67 degrees 15 minutes east THENCE south 22 degrees 45 minutes east point of BEGINNING and containing 825.0 ORDINANCE 823, PAGE SIX OF NINE t 7, Block 2, Airport Business Park Tarrant County Plat Records; for a distance of 150.0 feet; for a distance of 20.0 feet; for a distance of 5.0 feet; for a distance of 15.0 feet; for a distance of 145.0 feet; for a distance of 5.0 feet to the square feet of land. vc 8040 WA643 ORDINANCE NO. 823, PAGE SEVEN OF NINE EASEMENT LOCATION Lot 7, Block 2, Airport Business Park 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: -90 U V' l t� /•y �r��PS�µE\� s, tit.� \\ 56 o 4 R :92 °1 3\9 9a o 5 490 N2Z 5.0 op9 °S ra \ 0 o. ° O 5 22 \ \ \ \ J \ \ v. V• 4 SO O� \ 'Oo / \ .� \\ 122 • �' �`` fj P:`60 95 a \ / _ _ 141.85 s 30 04 t N 3 69 p h b ; �w 110.37•__ 1 i EASEMENT LOCATION Lot 7, Block 2, Airport Business Park 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. LONE(�STAR COMPANY B— By: / Ti El TEXAS POWER & LIGHT TANY /j �, Title: '�-i'. SOUTH.W�/EES ERN BELL T,{E/LIEP(H/ggq(O(/�(JE COMPANY By: b , F /�+�-5 Titl +ltak.Svcs.Supv . 116. k�VQ�6141, STORER AB/LEE COMPANY By Title: 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, Citv of Euless, Texas ORDINANCE NO. 823, PAGE EIGHT OF NINE v"_ 8040 MFlG45 H EASEMENT LOCATION Lot 7, Block 2, Airport Business Park 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 toofJsuch vacation and abandonment. - Address: Address: Z(p 3d 4/ T- L,t'srJ 76/0 z Address: Address: Address: Address: Address: Address: Address: Address: ORDINANCE NO. 823, PAGE NINE OF NINE Mrflu4( -,