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HomeMy WebLinkAbout844 06-11-1985ORDINANCE NO. 844 AN ORDINANCE VACATING AND ABANDONING A 20 -FOOT WIDE PUBLIC UTILITY EASEMENT AS IT RUNS SOUTHERLY FROM THE NORTHERLY LINE OF TRACT B -R -A, BLOCK TWO, OAK CREST ESTATES ADDITION TO THE EAST LINE OF SAID TRACT, 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, as it runs southerly from the northerly line, and situated at the westerly and southerly portion of Tract B- RA, Block Two, Oak Crest Addition, City of Euless, Texas, 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. 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. ;o', ,3221 pact 1774 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 APPROVED at a regular meeting of the Euless City Council on the 11th day of June, 1985, by a vote of 5� ayes, Q nays, and 0 abstentions. APPROVED: g°"u Harms D. Samuels, Mayor ATTEST: Kay Raineff City ecreta APPROVED AS TO FORM: City Attorney ORDINANCE NO. 844 , PAGE TWO OF EIGHT APPI .:ATION FOR THE VACATION OF fILITY EASEMENT IN THE CITY OF EULESS, T_W EASEMENT LOCATION -4Ro. Tract 6 -R -A Block 2 Oak Crest Estates, Date: -TO THE 4 AYOR 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, shoving 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 Address Why Consent Not Obtained E Name Address _ Why Consent Obtained S. Such utility easement should be vacated because: The property is being re- platted and new easements will be recorded which will better serve the property. i Page 1 of 2 ORDINANCE N0. 844 , PAGE THREE OF EIGHT 0', 3221 rm,i 17-J; ' APPI .:ATION FOR THE VACATION OF fILITY EASEMENT IN THE CITY OF EULESS, T_W EASEMENT LOCATION -4Ro. Tract 6 -R -A Block 2 Oak Crest Estates, Date: -TO THE 4 AYOR 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, shoving 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 Address Why Consent Not Obtained E Name Address _ Why Consent Obtained S. Such utility easement should be vacated because: The property is being re- platted and new easements will be recorded which will better serve the property. i Page 1 of 2 ORDINANCE N0. 844 , PAGE THREE OF EIGHT 0', 3221 rm,i 17-J; such Mt-"iry easement Vat been and is b#"t need as jollovs: The 20 foot rainage easement is used for su,.ace,water drainage there are no utilities in the easements. obert an Co. THE STATE OF TEXAS X COUNTY OF TARRANT X BEFORE ME, the undersigned authority, on this day personally appeared Robert Ryan known to ime to be a credible person and one of the signers of the foregoing application, and vho, 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. ' Notary Pu arz� [ rfjounty. Texas {r (• � hi, .jMNALL. Notary NO; Seal r , V �—_ + ' for the State re lexaS My commission expires 2 -10•{{ t``N•• {t . laje 2 of 2 ORDINANCE NO. 844 PAGE FOUR OF EIGHT lU; 3221Frrcl..l�i7 EXHIBIT 1 LEGAL DESCRIPTION Being portions of that 20 foot wide utility easement situated in tract B -R -A- Block 2 of Oak Crest Estates as presently platted said easement being created in the earlier platting of Oak Crest Estates as recorded in Plat Volume 388/18, Page 19, said portions being more particularly described as follows: Being all of said 20 foot wide easement as it runs southerly from the northerly line of said Tract B -R -A to the east line of said tract B -R -A, and being the northeasterly 5 feet of said 20' wide easement as it runs southwesterly to the easterly right of way line of Dickey Drive. ORDINANCE NO. 844 , PAGE FIVE OF EIGHT C &B Job No. 84057 -01 May 2, 1985 Pagel Of 1 ,o,,, 3221 1778 V'D ' v, o/ ,lox r /V & 0 _o 4� a X61 -,o6/e u /id/h y R. o. W. \ D b'46!L'/_1E'y —X, C� � C?7iC C.�esT �sTgTEs � N /y =SOS 0 du /oil c9 � Steven R 0�eon t 1 Ro* rr T. OKi6217 I � y,L 58Ix,f6.8�1 I ,Pev. s ✓o/ 388 //7,P& R9-, kXh11%1-1 Z qs�s 7-0 45 �WeO o�c�rWc �kA, 2, alxe 6eYr cl�;R7E'Y ORDINANCE NO. 844 , PAGE SIX OF EIGHT A® CARTER G BURGESS.INC. ENGINEERS • PLANNERS ,ot 5221 rra 17 1'9 lk 'j \I Ap,Fication to Vacate Street No. EXHIBIT NO. 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 public street sought to be vacated in the Application to Vacate Street above referrred to, do hereby consent to the vacation and abandonment of the described portion of such street. LONE STAR GAS COMPANY BY: TEXAS POWER d LIGHT COMPANY BY: —le C�CcT- _iCl*� Ei✓GiNc SOUTHWESTERN BELL TELEPHONE BY: STOR CABLE COMMUNICAT ONS BY: I — Sys��/vl ��.5 /gni Loo,e1;�A1RtnR The undersigned, acting for the City of Euless, certify that I 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. �..� � i ANN ©/ -_-�� _S_ ORDINANCE NO. 844 PAGE SEVEN OF EIGHT J01 3221 F =" 1 1'780 EA5ETiENT LOCATION EXHIBIT FJ!iBER b M The undersigned, owners of property abutting upon that portion of the aitility easement named and described in the Application to Va:ate 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. obert Ryan it Co. Address: One P11 Plaza Address: Boom 2112 Box 2463 Houston TX 77001 Address: Address: Address: e Address: Address: Address: Address: Address: • ORDINANCE NO. 844 , PAGE EIGHT OF EIGHT i 3221r6cL2781