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HomeMy WebLinkAbout845 06-11-1985ORDINANCE NO. 845 AN ORDINANCE VACATING AND ABANDONING TWO 50 -FOOT SANITARY SEWER EASEMENTS, ONE 30 -FOOT DRAINAGE AND UTILITY RIGHT -OF- WAY, AND ONE 25 -FOOT DRAINAGE AND UTILITY EASEMENT 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 two 50 -foot sanitary sewer easements, one 30 -foot drainage and utility right -of -way, and one 25 -foot drainage and utility easement 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 utility easement. II. 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 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 ayes, t:) nays, and —4_ abstentions. APPROVED: Harold D. Samuels, Mayor ATTEST: Kay ainey it Secret APPROVED AS FO FORM: ORDINANCE NO. 845 , PAGE TWO OF TEN APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION No. A. J. Huitt Survey, Abst.No. 709 Date: 4 -20 -35 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. Name M Address Why Consent Not Obtained Name -Address Why Consent Not Obtained 5. Such utility easement should be vacated because: Page 1 of 2 ORDINANCE NO. 845 , PAGE THREE OF TEN 0` 3"Ul rMd: VB5 NONE 6. Such utility easement has been and is being used as follows: Portion of the lines located in the 50' sanitary sewer easements (shown attached hereto) are remaining the same and new easements being created in new Huie plat now being circulated with the City of Fort Worth. All lines located in the 30' and 25' drainage and utility easements are being relocated at this time. rlmP :- A / i ob ' Ryan 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 his Seal Page 2 of 2 ORDINANCE NO knowledge and belief. PP Uf' . p .� Notary Public, Tarrant ounty, Texas y LOU ANN SUMRALL, Notary Public in and for the State of Texas 'r s My commission expires 2 -10 -88 845 , PAGE FOUR OF TEN ru BOA — t`r.ci 1.786 EASEMENT LOCATION EXHIBIT NUMBER 1 Being that portion of situated in the A a Huitt Survey, Asst. U 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. 845 , PAGE FIVE OF TEN ;m, `3221;mL 1787 wQ� EXHIBIT "A" BEING 2 - 50 foot Sanitary Sewer Easements, 1 - 30 foot drainage and utility right -of -way and 1 - 25 foot drainage and utility easement all recorded in Deed Volume 388/35, Page 23 County Records, Tarrant County, Texas,situated in the A. J. Huitt Survey, Abstract No. 709, City of Fort Worth, Tarrant County, Texas and being a portion of Tract No. 1 as described by Deed to Shell Oil Company and recorded in Deed Volume 7976, Page 550, said County Records, those easements and right -of -way being more particularly described by metes and bounds as follows: 50' SANITARY SEWER EASEMENTS 1) BEGINNING at a point in the westerly line of said Tract No. 1 Shell Oil Company and the easterly line of Block 13, Huntington Place Addition as recorded in Plat Volume 388/38, Page 41, said County Records,said point being N 16° 39' 49" W, 8.77 feet from the most easterly corner of Lot 19, Block 13, said Addition; THENCE N 160 39' 49" W, along the easterly line of said Block 13, and the westerly line of said Tract No. 1, 130.63 feet to the northeast corner of Lot 18, Block 13 and the southeast corner of Lot 12, Block 9, of said Addition; THENCE N 410 03'.49" W, along the easterly line of said Block 9, and the westerly line of said Tract No. 1, 123.79 feet to the beginning of a non - tangent curve to the right whose radius is 632.67 feet and whose long chord bears 14 68° 51' 36" E, 53.22 feet; THENCE along said non - tangent curve to the right in a northeasterly direction through a central angle of 04° 49' 15" an arc length of 53.23 feet to the end of said curve; THENCE S 410 03' 49" E, 116.38 feet; THENCE S 160 39' 49" E, 144.69 feet to the beginning of a non - tangent curve to the left whose radius is 682.67 feet and whose long chord bears S 770 02' 39" W, 50.10 feet; THENCE along said non - tangent curve to the left in a southwesterly direction through a central angle of 04° 12' 22 ", an arc length of 50.12 feet to the end of said curve, the POINT OF BEGINNING and containing 0.30 acre of land, more or less. 2) BEGINNING at,a point in the westerly line of said Tract No. 1 Shell Oil Company and the easterly line of Block 13, Huntington Place Addition as recorded in Plat Volume 388/38, Page 41 said County Records, said point being S 00° 25' 48" E, 42.71 feet from the most easterly corner of Lot 19, Block 13, said Addition, said point being the beginning of a non - tangent curve to the right whose radius is 632.67 feet and whose long chord bears N 76° 18' 46" E, 51.37 feet; THENCE along said non - tangent curve to the right in a northeasterly direction through a central angle of 04° 39' 12 ", an arc length of 51.38 feet to the end of said curve; THENCE S 000 25' 48" E, 206.39 feet; THENCE S 740 38' 21" E, 92.40 feet to the beginning of a non - tangent curve to the right whose radius is 978.18 feet and whose long chord bears S 15° 21' 39" W, 50.00 feet; THENCE along said non - tangent curve to the right in a southwesterly direction through a central angle of 02° 55' 44 ", an arc length of 50.01 feet to the end of said curve; THENCE N 740 38' 21" W, 130.23 feet to a point in the city limits line between City of Fort Worth and City of Euless; Jot 8221 Pr,cE VK4 12/6/84 C &B No.84857 -01 ORDINANCE NO. 845 , PAGE SIX OF TEN THENCE N 000 25' 48" W, along said City limits line, 232.43 feet to the POINT OF BEGINNING and containing 0.38 acre of land, more or less. 30' DRAINAGE & UTILITY RIGHT -OF -WAY AND 25' DRAINAGE AND UTILITY EASEMENT BEGINNING at a point in the southerly line of said Tract No. 1 Shell Oil Company and the northerly line of that certain tract of land as described by deed to Dallas -Fort Worth Regional Airport Board and recorded in Deed Volume 6710, Page 520, said County Records, said point being S 89° 06' 30" W, 86.64 feet from the Southeast corner of said Tract No. 1; THENCE S 890 06' 30" W, along said common property line between Shell Oil Company Tract No. 1 and Dallas -Fort Worth Regional Airport Board Tract, 55.14 feet; THENCE N 030 07' 45" E, 171.67 feet to the beginning of a non - tangent curve to the left whose radius is 402.45 feet and whose long chord bears S 780 53' 24" E, 55.54 feet; THENCE along said non - tangent curve to the left in a southeasterly direction through a central angle of 07° 54' 47" an arc length of 55.58 feet to the end of said curve; THENCE S 030 07' 45" W, 160.10 feet to the POINT OF BEGINNING and containing 0.21 acre of land, more or less. 12/6/84 C &B No.84857 -01 ORDINANCE NO. 845 , PAGE SEVEN OF TEN YOB, 322TI),:cf 17 N9 EASEMENT LOCATION EXtIIhIT 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. 845 , PAGE EIGHT OF TEN vm ,i221 rr.a 7790 . op•A 61. IOA a e .J'ars It A Q \Oti a Z S\ \ o� 0 m O Z \ p� -s b Q \ 19 {?! Lot I 61MR S rrr I Fbint Of Z iO BEGINNING �\ 1'1 CO o aw• 7 � �NMiEn _ �SpJ 20 P�ycl��� 13 }I T W IW \ 21�t w 22 ��lo IN z Z Q a 0 -� Ue U m Jam~ Ld }�fi Q I a \23 \ �1� �) Lsi 92.40' •t_ \ `' � Q 9�21•E o ato'No J O N74-8;,-;2 P.wf5023, \/ Pam *0z, o\ 2-50' 1-130, I -25' w Exhibit '0b Showing W 0 r I— O z 7 SANITARY SEWER ESMT5 DRAIN.0 UTILITY R.O.W. a DRAIN. E UTILITY ESM'T. an- m- em�6 TO BE VACATED BY CITY OFg�m� o o°o FORT WORTH H U ^ aof A survey , Abstract Tarrant County, i 3 r w Iiw � c7 9 � SCALE : Ion t00' o l o l a to 'Ew 8s Z Item, c�v 11 a)) /(� � w { ui f 55.14' ORDINANCE NO. 845 9ituOted In the A.J. Hui" N0.109, G'ty Of Fort Worth, TexaS. CARTER 6 IKAGE51 MC. ENGINEERS • n.ANNEF1 5 PAGE NINE OF TEN 989°0630iN DALLAS - FORT WORTH REGIONAL Ai T GL 1 �.�Z BOARD i 1l i VolG710, Pal 520 V YA w J 0 A Q U ry W Q 3 0 c r d Z a Q 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 casement sought Lobe 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 STA9ACAS COMPANY SOUTHWESTPA:N BELL TELEPHONE COMPANY By: L ',IL /G&Z Title: TEXAS POWER & /LIG�HHT COMPANY Title: /�; "i I)>"t2•� -r (�,. By: 1 1, l Title: STORE CABLE 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. (/1 - -- — s0 - - -- ty I:ngince r, City o Euless, Texas ORDINANCE NO. 845 , PAGE TEN OF TEN vol 3221 rrcl 1792