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HomeMy WebLinkAbout862 09-24-1985ORDINANCE N0. 862 AN ORDINANCE VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT THE JOE E. FIELD SURVEY, ABSTRACT NO. A -540 IN THE CITY OF EULESS; AND DECLARING AN EFFECTIVE DATE The City Council of the City of Euless, Texas, after careful study and consideration, has determined ghat the public util - ity easement hereinafter specifically described is riot being used, nor useful, nor convenient to the public therefore, it constitutes a public charge without a corresponding public benefit, and the pubic would be better served and benefited by its vacation and abandonment. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF EULE:SS, TEXAS, THAT: I. the public utility easement situated in the Joe E. Field Survey in 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. III. This ordinance shall become effective immediatly from and after its passage as provided by the Euless City Charter and the laws of the State of Texas. PRESENTED AND GIVEN FIRST READING, at a regular meeting of the Euless City Council on the 10th day of September, 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 24th day of September, 1985, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: HarolmmUels, Mayor A rtESI Kay Rainey, City sec''- ary' A P D A 6. 8325 PAGE 1219 Cii.y Attirncv APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION Joe-E. Field Survey Abstract No. A -540 as recorded in Volume 6406, Page 816 No. Dare: 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 dam:q;es 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 Address _ Why Consent Not Obtained B. Name Address _ Why Consent Not Obtained 5. Such utility easement should be vacated because: Existing 6" sanitary sewer has been rerouted and disconnected to conform to the approved utility layout of "Chelsea Park Estates" Page 1 of 2 ORDINANCE NO. 862, PAGE TWO OF SEVEN !?: a:i2$�1LfiQ2Q 6. Such utility easement has been and is being used as follows: For existing 6" sanitary sewer. Sanitary sewer is no longer in service. Joe ", Moreland - Managing Partner "Chelsea Park Joint Venture" THE STATE OF TEXAS X COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared JOF F. MORELAND 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 take oath state that the information contained in such application is true and correct to the best of his knowledge and belief. SALLY ANN NOBLE Notary Pubk. Stets of Taxes •x'84,- My Cwnrmssion EMVes Sea 05101�88 N Page 2 of 2 ORDINANCE NO. 862, PAGE THREE OF SEVEN NotaYy P lic, Tarrant County, Texas VOL 8325 PAGF 1221 LASLMLN'1' LUCA'1'[ON 1:X111MT NUMM'N I 'icing tlutt portion of .. -t1 .]rte R_ Field Snty Al—fra t No A -540_ in the City of LUleSS, Tarrant Cuunty, 'Texas, an,l mute particularly described as follows: CONMENCINc at an iron rod in the westerly line of North Main Street, said iron rod also being S 891 49' 29" E, 15.05 feet from an iron rod at the Southeast corner of North Cate Mdition according to the plat records 'Tarrant County, Texas; THENCE N 890 49' 29" W, 377.43 feet to a point for corner, said point being the POINT OF BEGINNING of the center line of a 10' Utility Easuttint: THENCE S 00° 04' 52" E, 466.74 feet along the center line of said Utility Easement to a point on a curve; THF.NCE along a curve to the left having a radius of 505.62 feet, a central angle of 22° 22' 30 ", and an arc length of 197.45 feet along the center line of said Utility Eascuient to a point of tangency; THENCE S 220 27' 22" E, 34.56 feet along the center line of said Utility Eascjwnt to a point for corner, said point being the POINT OF L:ND143 of said Utility Easement. ORDINANCE NO. 862, PAGE FOUR OF SEVEN n 8325 FACE 1222 1 EASEMENT LOCATION I:XI1114 I'I' Nl)M li faf 2 The following is a plat or sketch or t I W utility odsonient sought to be vacated in the above nuiuberod application, sljuwLul,, tlir surrounding, ;trca to tha nearest streets in all directions, abuttin}; lots, the block or blocks in which the portion of the utilitY e.isumant sought to be vacated is situated, aiid the addition or adJiti.ous in which the porLion of the utility easement sought to be vacated is situate :J. Also, the names of record owners (if the abutting, lots are shown: NORTH GATE ADD'N. --- x--30' DRAIN, d OTIL E5M'T. N 89° 4 JOE E. FIELD SURVEY ASST, NO. A -540 N 890 59'5 1" E POINT OF SAGEPOINT 377.43 OF BEGINNING cO' I m �jw-101 UTILITY W EASEMENT C (TO BE VACATED) .n of O 0 0 I I t CURVE DATA A= 22 °22 30" R = 505.62' 1 1 L = 197.45 T = 100.00 t \ S 220 27'22" E 34.56 ENDING] \�\' CIO UTILITY EASEMENT ORDINANCE NO. 862, PAGE FIVE OF SEVEN ► i i I Or;�P01NT OF COMMENCING F— I I W I � a I I � Z I — I Z � Emlint-r, Iqmwl of 8325 nu 1223 R 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 S,TA'� G�S COIANY Tit TEXAS POWER & L Cp ANYJ j1 By. (/ / Title: SOUTHWESTERN BELL TELEPHONE COMPANY By: Title:kltzl) _0�2 'G�9IhL1LUt i� 6,101 X� STORER CABLE COMPANY By: �- �6� Title: S4(r-o,M �es �voxoi.itotD� 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. City Engineer; City of Euless, Texas ORDINANCE NO. 862, PAGE SIV OF SEVEN L 8325 na 1224 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. "Cheisea Park Joint Venture" is the Denier_ of both sides of easenx,nt. Address: Address: Address: Address: Address: Address: ORDINANCE NO. 862, PAGE SEVEN OF SEVEN Address: Address: Address: Address: a, 8325 na 1225