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Home My WebLink About826 02-12-1985ORDINANCE NO. 826 AN ORDINANCE VACATING AND ABANDONING A PUBLIC UTILITY, DRAINAGE, AND INGRESS /EGRESS EASEMENT ON THAT PORTION OF LOTS 1, 2, AND 3, BLOCK 1 WESTPAkV 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 determined that the portion of the public utility, drainage, and ingress /egress easement, here- after specifically descri'>>d, is not being used by, nor useful, nor convenient to the jublic in general; therefore, it con- stitutes a public charge without a corresponding public bene- fit, 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, drainage, and ingress /egress easement situated on that portion of Lots 1, 2, and 3, Block 1, 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, drainage, and ingress /egress 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. VO'_ 8" PAGF 'GA PRESENTED AND PASSED ON FIRST AND FINAL READING, at a regular meeting of the Euless City Council on the 12th day of February, 1985, by a vote of S ayes, 0 nays, and 0 abstentions. APPROVED: 5� Harold D. Samuels, Mayor ATTEST: Kay Rainey, City Se6ret6ry APPR VED AS TO FORM: t CAty Attorney ORDINANCE NO. 826, PAGE TWO OF TWELVE VOL BUJJ PAvE 265 APPLICATION FOR THE VACATION OF UTILITY, DRAINAGE, AND INGRESS /EGRESS EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION LOTS 1, 2, AND 3, BLOCK 1, WESTPARK CENTRAL ADDITION NO. DATE: 26 DECEMBER, 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, drainage, and Ingress /Egress 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, drainage, and Ingress /Egress 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 above 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 vacation of all the abutting property owners, except the following: (If none, so state). * *NONE ** 5. Such utility, drainage, and Ingress /Egress easement should be vacated because: This existing easement is being relocated to the common lot line of Lots 1 -R and 2 -R with the replatting of Lots 1, 2, and 3, Block 1. The easement, in its present location, will be of no use as an Ingress /Egress easement due to restricted access to the frontage road of Airport Freeway; and futher due to the fact that the public utilities currently occupying this easement are being relocated to another utility easement on the western side of Lot 1 -R. ORDINANCE NO. 826, PAGE THREE OF TWELVE Page 1 of 2 Pages Vo" 8099 hot ir/c; 6. Such utility, drainage, and Ingress /Egress easement has been and is being used as follows: This easement is not currently being used for Ingress /Egress purposes, although existing water line facilities and underground electric distribution facilities occupy a portion of the easement. The facilities are being relocated by the Owner /Developer of Lots 1,�2�, /and 33..7 WEST E / '�? / �(/ re' BY: NEAL W. ADAMS NEAL W. ADAMS, TRUSTEE FOR MANAGING GENERAL PARTNER WEST CREEK JOINT VENTURE 8701 BEDFORD EULESS ROAD 8701 BEDFORD EULESS ROAD SUITE 600 SUITE 600 HURST, TEXAS 76053 HURST, TEXAS 76053 PHONE NO: (817)595 -2333 PHONE NO: (817)595 -2333 THE STATE OF TEXAS COUNTY OF TARRANT j BEFORE ME, the undersigned authority, on this day personally appeared NEAL W. ADAMS, TRUSTEE FOR WEST CREEK JOINT VENTURE, 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. ,0� � QQ� NOTARY P BLIC, TARRANT COUNTY, TEXAS THE STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared NEAL W. ADAMS, MANAGING GENERAL PARTNER OF WEST CREEK, LTD., 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. 62td 0 14-� NOTARY PUE IC, TARRANT COUNTY TEXAS VuL 80W PACE U7 ORDINANCE NO. 826, PAGE FOUR OF TWELVE Page 2 of 2 Pages EASEMENT LOCATION LOTS 1, 2, AND 3, BLOCK 1, WESTPARK CENTRAL ADDITION EXHIBIT NUMBER 1 PARCEL NO. 1 BEING that portion of that certain public utility, drainage, and Ingress /Egress easement situated in LOT 3, BLOCK 1„ WESTPARK CENTRAL ADDITION to the City of Euless, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the Northwest corner of Lot 1, Block 1, WESTPARK CENTRAL ADDITION, an addition to the City of Euless, Tarrant County, Texas according to the plat recorded on Page 40 of Volume 388 -169, Plat Records of Tarrant County, Texas, said point also being the most northerly northeast corner of LOT 3, BLOCK 1, said WESTPARK CENTRAL ADDITION and also being in the south right -of -way line of State Highway Spur 350 (Airport Freeway); THENCE South a distance of 167.96 feet to a point; THENCE South 860 11' 09" West a distance of 60.13 feet to a point; THENCE North a distance of 172.02 feet to a point, said point being the most northerly northwest corner of said Lot 3; THENCE South 890 56' 30" East with the most northerly north line of said Lot 3 a distance of 60.00 feet to the POINT OF BEGINNING and containing 10,199 square feet of land more or less. PARCEL NO. 2 BEING that portion of that certain public Ingress /Egress easement situated in LOT 1, BLOCK 1, WESTPARK CENTRAL ADDITION to the City of Euless, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the Northwest corner of LOT 1, BLOCK 1, WESTPARK CENTRAL ADDITION, an addition to the City of Euless, Tarrant County, Texas according to the plat recorded on Page 40 of Volume 388 -169, Plat Records of Tarrant County, Texas, said point also being in the south right -of -way line of State Highway Spur 350 (Airport Freeway); THENCE South 890 56' 30" East with the north line of said Lot 1, a distance of 10.00 feet to a point; THENCE South 330 42' 28" West a distance of 18.02 feet to a point, said point being in the west line of said Lot 1; THENCE North with the west line of said Lot 1 a distance of 15.00 feet to the POINT OF BEGINNING and containing 75.0 square feet of land more or less. Vu _ 8099 PAU 168 ORDINANCE NO. 826, PAGE FIVE OF TWELVE Page 1 of 2 Pages PARCEL NO. 3 BEING that portion of that certain public Ingress /Egress easement situated in LOT 2, BLOCK 1, WESTPARK CENTRAL ADDITION to the City of Euless, Tarrant County, Texas and being more particularly described as follows: BEGINNING at the Northeast corner of LOT 2, BLOCK 1, WESTPARK CENTRAL ADDITION, an addition to the City of Euless, Tarrant County, Texas according to the plat recorded on Page 40 of Volume 388 -169, Plat Records of Tarrant County, Texas, said point also being in the south right -of -way line of State Highway Spur 350 (Airport Freeway); THENCE South with the east line of said Lot 2 a distance of 15.00 feet to a point; THENCE North 330 40' 20" West a distance of 18.04 feet to a point, said point being in the north line of said Lot 2; THENCE South 890 56' 30" East with the north line of said Lot 2 a distance of 10.00 feet to the POINT OF BEGINNING and containing 75.0 square feet of land more or less. ORDINANCE NO. 826, PAGE SIX OF TWELVE Page 2 of 2 Pages Von 8039 P «Gf 1�G9 EASEMENT LOCATION LOTS 1, 2, AND 3, BLOCK 1, WESTPARK CENTRAL ADDITION EXHIBIT NUMBER 2 The following is a plat or sketch of the utility, drainage, and Ingress /Egress 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, drainage, and Ingress /Egress easement sought to be vacated is situated, and the addition or additions in which the portion of the utility, drainage, and Ingress /Egress easement sought to be vacated is situated. Also, the names of record owners of the abutting lots are shown: WEST CREEK, LTD. OWNER OF LOT 3, BLOCK 1 DEED RECORDED: VOLUME: 7759 PAGE: 21 AIRPORT FREEWAY �h0 .oe. Eae _ 599 °36'30' - E1. 599°36'30 - H NN33 "W Y0 0 - 00. 533 °93'28 W - Y Es.1� n ry 'a .s � q n w' W 60 ...E , e E9n.° E I g i LOIj < AIRPORT FREEWAY — SPUR 350 Ilp.u< E9nn LOT z 3 DETAIL "A" I�prm Epa, E.m1. LOT 1 E""1. NEAL W. ADAMS, TRUSTEE FOR WEST CREEK JOINT VENTURE OWNER OF LOTS 1 AND 2 BLOCK 1 DEED RECORDED: VOLUME 7611 PAGE 973 F al gln ORDINANCE N0. 826, PAGE SEVEN OF TWELVE EXHIBIT N0.2 vDL X099 ftcE 170 EASEMENT LOCATION LOTS 1 2 AND 3 BLOCK 1, WESTPARK CENTRAL ADDITION 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, drainage, and Ingress /Egress easement sought to be vacated in the APPLICATION TO VACATE UTILITY DRAINAGE, AND INGRESS /EGRESS EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility, drainage, and Ingress /Egress easement, subject to the special conditions listed below. LO By Ti TEXAS POWER & LIGHT COMPANY By: See Page 2 of 4 Pages Title: SOUTHWESTERN BELL TELEPHONE COMPANY By: See Page 3 of 4 Pages Title: STORER CABLE COMPANY By: See Page 4 of 4 Pages Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate utility, drainage, and Ingress /Egress easement above referenced, from the stand- point of present and future needs of the City of Euless with repsect to traffic and city utilities, and I see no objection to the requested vacation from the City's standpoint, subject to the special conditions listed below. r1.w � FS CITY ENGINEER, CITY OF EULESS, TEXAS SPECIAL CONDITIONS: Applicant shall bear the total expense for relocation of any public or franchised public utilities required as a result of this abandonment. This abandonment shall be processed concurrent with the subdivision replat of Lots 1 -R, 2 -R, and 3 -R, Block 1, Westpark Central Addition and all easements required for relocation of public and /or franchised public utilities shall be shown and dedicated by the aforementioned subdivision replat. v0! 8099 PaCf 171 Page 1 of 4 Pages ORDINANCE N0. 826, PAGE EIGHT OF TWELVE EASEMENT LOCATION LOTS 1, 2, AND 3, BLOCK 1, WESTPARK CENTRAL ADDITION 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, drainage, and Ingress /Egress easement sought to be vacated in the APPLICATION TO VACATE UTILITY DRAINAGE, AND INGRESS /EGRESS EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility, drainage, and Ingress /Egress easement, subject to the special conditions listed below. LONE STAR GAS COMPANY By: Title: TEXAS POWER & LIGHT CO NY By: a SOUTHWESTERN BELL TELEPHONE COMPANY am Title: STORER CABLE COMPANY Title. 0 tS-WVA 1�hClNeeVl Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate utility, drainage, and Ingress /Egress easement above referenced, from the stand- point of present and future needs of the City of Euless with repsect to traffic and city utilities, and I see no objection to the requested vacation from the City's standpoint, subject to the special conditions listed below. CITY ENGINEER, CITY OF EULESS, TEXAS SPECIAL CONDITIONS: Applicant shall bear the total expense for relocation of any public or franchised public utilities required as a result of this abandonment. This abandonment shall be processed concurrent with the subdivision replat of Lots 1 -R, 2 -R, and 3 -R, Block 1, Westpark Central Addition and all easements required for relocation of public and /or franchised public utilities shall be shown and dedicated by the aforementioned subdivision replat. VOL 8099 Page 2 of 4 Pages ORDINANCE N0. 826, PAGE NINE OF TWELVE PAGE 1'72 EASEMENT LOCATION LOTS 1, 2, AND 3, BLOCK 1, WESTPARK CENTRAL ADDITION 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, drainage, and Ingress /Egress easement sought to be vacated in the APPLICATION TO VACATE UTILITY DRAINAGE, AND INGRESS /EGRESS EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility, drainage, and Ingress /Egress easement, subject to the special conditions listed below. LONE STAR GAS COMPANY Title: TEXAS POWER & LIGHT COMPANY 3z Title: SOUTHWESTERN BELL TELEPHONE COMPANY By: Tlt. g) STORER CABLE COMPANY LE Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate utility, drainage, and Ingress /Egress easement above referenced, from the stand- point of present and future needs of the City of Euless with repsect to traffic and city utilities, and I see no objection to the requested vacation from the City's standpoint, subject to the special conditions listed below. CITY ENGINEER, CITY OF EULESS, TEXAS SPECIAL CONDITIONS: 1. Applicant shall bear the total expense for relocation of any public or franchised public utilities required as a result of this abandonment. 2. This abandonment shall be processed concurrent with the subdivision replat of Lots 1 -R, 2 -R, and 3 -R, Block 1, Westpark Central Addition and all easements required for relocation of public and /or franchised public utilities shall be shown and dedicated by the aforementioned subdivision replat. y ORDINANCE NO. 826, PAGE TEN OF TWELVE Page 3 o£JT Pages Pt,CE 1'73 EASEMENT LOCATION LOTS 1 2 AND 3 BLOCK 1, WESTPARK CENTRAL ADDITION 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, drainage, and Ingress /Egress easement sought to be vacated in the APPLICATION TO VACATE UTILITY DRAINAGE, AND INGRESS /EGRESS EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility, drainage, and Ingress /Egress easement, subject to the special conditions listed below. LONE STAR GAS COMPANY Title: TEXAS POWER & LIGHT COMPANY By: Title: SOUTHWESTERN BELL TELEPHONE COMPANY 3z Title: STORER CABLE COMPANY By: rrVG�� Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate utility, drainage, and Ingress /Egress easement above referenced, from the stand- point of present and future needs of the City of Euless with repsect to traffic and city utilities, and I see no objection to the requested vacation from the City's standpoint, subject to the special conditions listed below. CITY ENGINEER, CITY OF EULESS, TEXAS SPECIAL CONDITIONS: Applicant shall bear the total expense for relocation of any public or franchised public utilities required as a result of this abandonment. This abandonment shall be processed concurrent with the subdivision replat of Lots 1 -R, 2 -R, and 3 -R, Block 1, Westpark Central Addition and all easements required for relocation of public and /or franchised public utilities shall be shown and dedicated by the aforementioned subdivision replat. VOL 8" PdCE 174 ORDINANCE NO. 826, PAGE ELEVEN OF TWELVE Page 4 of 4 Pages EASEMENT LOCATION LOTS 1, 2, AND 3, BLOCK 1 WESTPARK CENTRAL ADDITION EXHIBIT NUMBER 4 The undersigned, owners of property abutting upon that portion of the utility, drainage, and Ingress /Egress 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. NEAL W. ADAMS TRUSTEE FOR WEST CREEK JOINT VENTURE Address: 8701 BEDFORD EULESS ROAD SUITE 600 HURST, TEXAS 76053 Owner in Fee Simple of LOTS 1 and 2, BLOCK 1 WESTPARK CENTRAL ADDITION DEED RECORDED: VOLUME 7611, PAGE 973 WEST CREEK, LTD. BY: NEAL W. ADAMS MANAGING GENERAL PARTNER Address:8701 BEDFORD EULESS ROAD SUITE 600 HURST, TEXAS 76053 Owner in Fee Simple of LOT 3, BLOCK 1 WESTPARK CENTRAL ADDITION DEED RECORDED: VOLUME 7759, PAGE 21 VoL 8099 PACE 1,75 ORDINANCE NO. 826, PAGE TWELVE OE TWELVE