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HomeMy WebLinkAbout846 06-11-1985ORDINANCE NO. 846 AN ORDINANCE VACATING AND ABANDONING A 20 -FOOT WIDE DRAIN- AGE AND UTILITY EASEMENT SITUATED AT THE WESTERLY AND SOUTHERLY PORTION OF TRACT B -R -A, BLOCK TWO, OAK CREST ADDITION, 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 20 -foot wide drainage and public utility easement situated at the westerly and southerly portion of Tract B -R -A, 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. 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, 0 nays, and _A!2_ abstentions. APPROVED: �/ Heold �'. D ay r ATTEST: Kay Rain ity ecre y APPROVED AS TO FORM: City Attorney ORDINANCE NO. 846 , PAGE TWO OF EIGHT APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION Tract B -R -A Block 2 Oak Crest Estates, 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, 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 khy Consent Not Obtained B. Name Address Why Consent Not Obtained 5. 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. 0 Page 1 of 2 ORDINANCE NO. 846, PAGE THREE OF EIGHT �o', 3221 ^ 6. Such Ol ^ Lty eis®ent lus been and to be ^ aced As follows: The 20 foot drainage easement is used for surface water drainage there are no utilities in the easement obert an THE STATE OF TEXAS COUNTY OF TARRANT X BEFORE ME, the undersigned authority, on this day personally appeared Robert Ryan 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 sucb application is true and correct to the beet of his knowledge and belief. Seal /// ✓ <. Page 2 of 2 ORDINANCE NO. 846 , PAGE FOUR OF EIGHT Notary Pu 'Zar =fgt''�ounty, Texas ��5, „,MNALL Notary PUDIIc ¢� for the State of Texas 3 toy commission expires 2 -10.18 ,v 3221i,tcl_17:)7 EXHIBIT "1" 20 FOOT DRAINAGE & UTILITY EASEMENT BEING all of the 20 foot wide drainage and utility easement situated at the westerly and southerly portion of Tract B -R -A, Block 2, Oak Crest Addition, as recorded in Plat Volume 388/17, Page 183, County Records, Tarrant County, Texas. ORDINANCE NO. 846 , PAGE FIVE OF EIGHT 70L 3221 rvi Fiji rn n� Z rn rn 70 rn 70 C IM • C M. LArr� � Dm Z N D M ,x 'D IL 0 rn A-) 1H9I3 A XIS 39Vd ` 968 'ON 39NVNIGHO GU t ]973 ILZY2 1v / ,�� / Il— 4 4 O Y D °' n 0,/ -I m � 0 o /�, r- 4 -1 N OAK CREST ESTATES o , Vol. + / O W �• A Vol. aaem . �. �a, O n / m -------------- ----------- D A. J JL %nf Of BEGINNING HUITT A. 709 HUNTINGTON \ �o N Q1 � pa a 0 � D 7; oDrn Z 'u I D G) nnrC M Tun C tt ; 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 ST JS MPANY SOUTHWESTER BELL ELEPH NE COMPANY '/ n lC� C Jj7 By: Ci sy: v�i ,�., Title: N��.� , r G:, Title: i- rvp �hE' _ -L '/ C4161. �p�l[�.a c t tZ;,. dg z, 1,, L/ P.O.c.i, OF S0 cp-C TEXAS ��,POWER AND LIGHT COMPANY STORE CABLE COMPANY BY By: Title: C`_ -Lf, - 7'R«-)c Cj " —Cii+� Tit e:�yleM [�}4..Z_CnGarxatwt 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. C Engineer, City of Euless, exas ORDINANCE NO. 846 , PAGE SEVEN OF EIGHT i0L 3221.rul 1800 EASEMENT LOCATION 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 of such vacation and abandonment. SHELL OIL COMP �"Ro ri Address: Address: M o ctioii of » Room 9119 Houston, Texas 77001 Address: Address: Address: Address: ORDINANCE NO. £346 , PAGE EIGHT OF-EIGHT Address: Address: Address: Address: o; 3221. PAC,[ 1801