HomeMy WebLinkAbout869 11-26-1985ORDINANCE NO. 869
AN ORDINANCE VACATING AND ABANDONING THREE (3) UTILITY
EASEMENTS AND ONE TEN -FOOT BY TEN -FOOT TRANSFORMER PAD
EASEMENT SITUATED IN THE BEN F. CROWLEY SURVEY, ABSTRACT
NO. 320, WOODLANDS ADDITION, CITY OF EULESS, TARRANT
COUNTY TEXAS; DECLARING AN EMERGENCY 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:
SECTION 1
The three (3) utility easements and one ten -foot by ten -foot transformer pad
easement situated in the Ben F. Crowley Survey, Abstract No. 320, City of
Euless, Tarrant County, Texas, and being located in Woodlands Addition as
recorded in Plat Volume 388/140, Page 44 and Plat Volume 388/149, Page 93
(Replat), County Records, Tarrant County, 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.
SECTION 2
Emergency Clause. By the affirmative vote of four or more of its members, the
City Council declares that this is an ordinance for the immediate preservation
of the public peace, property, health and safety, and is an emergency measure
within the meaning of Article II, Section 11 of the City Charter; and the
requirement that it be read at two meetings, as specified in such Section 11, is
hereby dispensed with.
OL 8391 PAGE 1579
APPLICATION FOR THE VACATION OF UTILITY
EASEMENT IN THE CITY OF EULESS, TEXAS
EASEMENT LOCATION
No.
Woodlands Addition
Date: June 10, 1985
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).
NOIJE
A. Name
Address
Why Consent Not Obtained
B. Name
Address
Why Consent Not Obtained
5. Such utility easement should be vacated because:
ORDINANCE NO. 869 , PAGE TWO OF EIGHT
Page 1 of 2
vaL 8391 PAGE 1580
6. Such utility easement has been and is being used as follows:
THE STATE OF TEXAS X
COUNTY OF (RM" X
DALLAS
BEFORE ME, the undersigned authority, on this day personally appeared
James Siepiela
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
knowledge and belief.
Notary Public, Rtrz = County, Texas
Dallas
ORDINANCE NO. 869 , PAGE THREE OF EIGHT
Page 2 of 2
von 8391 PAu 1581
EXHIBIT 111"
BEING 3 Utility Easements and 1 -10' x 10' Transformer Pad Easement situated in
the Ben F. Crowley Survey, Abstract Number 320, City of Euless, Tarrant County,
Texas and being located in Woodlands Addition as recorded in Plat Volume 388/140,
Page 44 and Plat Volume 388/149, Page 93 (Replat), County Records, Tarrant
County, Texas, said easements being more particularly described by metes and
bounds as follows:
UTILITY EASEMENT NO.1
BEING a 10 foot wide easement centered on the common lot line between Lots 3
and 4, Block 2, Woodland Addition, the centerline of which is described as
follows:
BEGINNING at the southwest corner of Lot 3 and the southeast corner of Lot 4
of said Block 2;
THENCE N 000 14' 31" E along said common lot line, 110.50 feet to the
end of said centerline and the end of said easement and containing 1,105 square
feet or 0.025 acres of land, more or less.
UTILITY EASEMENT NO.2
BEGINNING at a point in the southerly line of Lot 1, Block 2, Woodlands Addition
as recorded in Plat Volume 388/140, Page 44, said County Records, said point
being N 89° 38' 20" W, 5.00 feet from the southeast corner of said Lot 1;
THENCE N 00° 21' 40" E, 154.62 feet;
THENCE N 080 15' 41" E, 42.37 feet;
THENCE S 100 59' 23" E, 67.84 feet;
THENCE S 000 21' 40" W, 130.00 feet;
THENCE N 890 38' 20" W, 7.00 feet to the POINT OF BEGINNING and containing
1,065.00 square feet or 0.024 acres of land, more or less.
UTILITY EASEMENT NO.3
COMMENCING at the southwest corner of Lot 4, Block 6, said Woodland Addition;
THENCE S 890 38' 20" E, 7.50 feet;
THENCE N 000 21' 40" E, 138.19 feet to the POINT OF BEGINNING of the
herein described easement;
THENCE N 000 21' 40" E, 12.47 feet;
THENCE S 520 59' 11" E, 71.67 feet;
THENCE S 000 21' 40" W, 12.47 feet;
THENCE N 520 59' 11" W, 71.67 feet to the POINT OF BEGINNING and containing
717.00 square feet or 0.016 acre of land, more or less.
TRANSFORMER PAD EASEMENT
BEING a 10' x 10' easement for electric pad mounted transformer located at the
southwest corner of Lot 19, Block 2, Woodlands Addition as recorded in Plat
Volume 388/149, Page 93, said County Records.
ORDINANCE NO. 869, PAGE FOUR OF EIGHT
C &B Job No.85458 -01
June 7, 1985
0 83` 1 PAGE 1582
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Exhibit'V 5howin9
3 UTILITY EASEMEN'T_S
1- 10X10' TRAN5FORMER FAD ESM'T.
TO SE VACATED BY THE CITY OF EULESS
CA Situald in Me dtr, F. Crown%V Survey, Abstract No.320, Ci11j
IWWW� 01 Gul"* , Tarront Oounty , Taxoe .
SCALE: I ".100'
AWCARTER & BURGESS, INC.
ENGINEERS • PLANNERS
..190 "CON ",M "/ P. 0. "OM ,079 / rae WD"K M' AS MU
Date: June Or,196si
Job No. 8545501
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.
LON AR S OMPANY1
By:
Tit2
TEXAS POWER & LIGHT COMPANY
By:
Title:
SOUTHWESTERN BELL TELEPHONE COMPANY
J e
By: L Allplu*k- ✓
Title: A,& wa — � �
STORE(R�C,A�BLE COMPANY
By:
Title: .S.�steM t%s�gN Cvored�niAto�
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.
ity tngineer, City of Euless, Texas
ORDINANCE NO. 869 , PAGE SIX OF EIGHT
AL 8391 PAGE 1584
EASEMENT LOCATION Woodlands Addition
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 vacatl.nn_and abaKd-dnment.
las- RhtYlips a ? siepiela Pres.
Address: 16479 Dal as P rkway Suite 300 Address:
Dallas, TX
Address:
Address:
Address:
Address:
ORDINANCE NO. 869 , PAGE SEVEN OF EIGHT
Address:
Address:
Address:
Address:
COL 8391 na l5n
SECTION 3
Effective Date. 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 AND FINAL READING at a regular meeting of the
Euless City Council on the 26th of November, 1985, by a vote of 4 ayes, 0
nays, and 0 abstentions.
Kay R�a�fiey, City Secretary
APPROVED AS 0 FORM:
City Attorney
APPROVED:
ztib 41q.-
Haro D. Samuels, Mayor
ORDINANCE NO. 869 , PAGE EIGHT OF EIGHT
vot 8391 PAGE 1586