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HomeMy WebLinkAbout843 06-11-1985ORDINANCE NO. 843 AN ORDINANCE VACATING AND ABANDONING A SUPPLEMENTARY SEWER RIGHT -OF -WAY PUBLIC EASEMENT ON A 0.03 ACRE OF LAND SITUATED IN THE A. J. HUITT SURVEY, ABSTRACT NO. 709, CITY OF EULESS, TEXAS; 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 on a 0.03 acre of land situated in the A. J. Huitt Survey, Abstract No. 709, City of-Euless, Texas, particularly described in Exhibit "A ", attached hereto and made a part hereof for all intents and purposes, is hereby vacated and abandoned as a public uLiliLy easement. U II. This ordinance shall become effective immediately from and after its passage as provided by the Eules's City Charter and the laws of the State of Texas. ;pi 322]_r�r,Il_"764 PRESENTED AND PASSED ON FIRST READING, at a regular meeting of the Euless City Council on the 28th day of May, 1985, by a vote of 4 ayes, 0 nays, and 0 abstentions. GIVEN SECOND READING, PASSED, AND PPPROVED at a regular meeting of the Euless City Council on the 11th day of June, 1985, by a vote of S- ayes, Q nays, and 0 abstentions. APPROVED: Harold D - - ATTEST: Kay Raiff o&, City ecre ry APPROVED A TO FORM: Ci y A torney ORDINANCE NO. 843 , PAGE TWO OF NINE APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS 0.03 acre of land situated in the EASEMENT LOCATION A. J. Huitt Survey, Abst. No. 709 No. Date: 4 -20- 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; s - 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 Address Why Consent Not Obtained B. Name Address Why Consent Not Obtained 5. Such utility easement should be vacated because: Page 1 of 2 ORDINANCE NO. 843 , PAGE THREE OF NINE ;OL 3221 MCI 1 '7 GG NONE 6. Such utility easement has been and is being used as follows: Said utility easement is not being used at this time. SHELL OIL COMPANY By: o yan THE STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, the undersigned authority, on this day personally appeared ROBERT RYAN of SHELL OIL COMPANY, a corporation, 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 Seal Page 2 of 2 his knowledge and belief. 1 ORDINANCE NO. 843 , PAGE FOUR OF NINE lr� U A���u n, . cc, ) / Notary Public, Tarrant County, Texas L J ANN SUMRALL, Notary Public in and for the State of Toxas 'Y commission bpirra ? -10 -88 40L 3.221 nu1*767 EASEMENT LOCATION EXHIBIT NUMBER Being that portion of 0.03 acre of land situated in the A. ,i_ Huitt Survey, Abstract No. 709, Tarrant County, Texas, in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: (SEE EXHIBIT "A" ATTACHED HERETO) ORDINANCE NO. 843 , PAGE FIVE OF NINE ;0 3221p,G GS EXHIBIT "A" BEING a 15' x 80' "supplementary sewer right -of -way as recorded in Deed Volume 3968, Page 49, County Records, Tarrant County, Texas, situated in the A.J. Huitt Survey, Abstract Number 709, and being a portion of that certain tract No. 1 as described by deed to Shell Oi•1 Company and recorded in Deed Volume 7976, Page 550, said County Records, said 15' x 80' supplementary sewer right - of -way being more particularly described by metes and bounds as follows: BEGINNING at a point in the southerly line of said Tract No. 1, Shell Oil Company, said point being S 89° 06' 30" W, 141.78 feet from the south- east corner of said Tract No.l; feet; THENCE S 890 06' 30" W, continuing along said southerly line, 15.04 THENCE N 030 07' 45" E, leaving said southerly line, 81.05 feet; THENCE S 860 52' 15" E, 15.00 feet to a point in the westerly line of a 30 foot drainage and utility right -of -way as recorded in Plat Volume 388/35, Page 23, said County Records; THENCE S 03° 07' 45" W, along said westerly line, 80.00 feet to the POINT OF BEGINNING and containing 1,208 square feet or 0.03 acre of land, more or less. C &B Job No. 84857 -01 March 25, 1985 ORDINANCE NO. 843 , PAGE SIX. OF NINE ,col 3221FAU17 (;9 e9 EASEMENT LOCATION 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: (SEE EXHIBIT "B" ATTACHED HERETO) ORDINANCE NO. 843 , PAGE SEVEN OF NINE ;u, 322.1Yru1770 0 0 Z z M z 0 03 M M c� 0 -n z z m 0 GO N N N c� .i N all a 0 a IV � J Q O 2 N 0� O e W C _0 H G � o 0 3 H to J .J IJ l9 2 5z W. CARTER 6 BURGESS. INC. Affiff ENGINEERS • PLANNERS It" MACOM STREET/ KO GOX 21'3 / FORT WORM, TExA3 Tnli HUNTINGTON \ Vn1 3Aa /aa Z 9 pg.71 Lrl s City Umits-2 North City Limits �A 2S I�p\ HUNTINGTON PLACE SO Vol 588/38,P9.41 2� i 21 12 18 \ 20 ' 19 © I ` - _-'�v SHELL OIL COMPANY Vol. 797G, P�.°S50 Sx 80'9UPP1- G}AEWTARV SEWER R.O.W. Tr2ACT No. i 08sv. r0.05k.va.59cs, L'WE 31.05 r '-- aN A. J. HUITT SURVEY 45"w =$ _ —�-, ABSTRACT No. 709 ,! 90'Drain.g utility R.O.W. Vol. 388/95.RJ.28 5'Drt3in.futili Trocr NO. l AMERICAN BOULEVARD (Variable Width R.O.W.) I SCALE: 1'.100' Exhibit W Showing 15x80' SUPPLEMENTARY SEWER R.O.W TO BE VACATED BY CITY OF FORT WORTH Situated in the A. J. Huitt Survey, Abstract No. 709, Tarrant County,Texas. Date: March 25, 1985 Job Wo. 8485701 EASEMENT LOCATION 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 G'S CO ANY I By: Title: TEXAS POWER & LIGHT COMPANY Title: SOUTHWES ERN BELL TEL HONE COMPANY By: Title: /04-It- i A� cP %P4u[rn STORE ABLE COMPANY By: S Title:ysf� ry 7�es a�� Cen�ni sf 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. J�� .,�� ity Engineer, City of Euless, Te xas ORDINANCE NO. 843 , PAGE NINE OF NINE . ;011 3221 PAGE 1772