Loading...
HomeMy WebLinkAbout924 03-10-1987ORDINANCE NO.924 AN ORDINANCE VACATING AND ABANDONING A PUBLIC UTILITY EASEMENT IN THE A. J. HUITT SURVEY, ABSTRACT 684, IN THE CITY OF EULESS; 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 hereinafter 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 portion of the public utility easement located in the A. J. Huitt Survey, Abstract 684, in the City of Euless, particularly described in Exhibit "A," attached hereto and made a part hereof for all intents and purposes, in 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. SECTION 3 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. VOL.8890 P6. 585 PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of the Euless City Council, on the loth day of March 1987, by a vote of 5 ayes, _0 nays, and 0 abstentions. Kay Raijiey, City IN APPROVED: Z / Harold D. Samuels VOL. 8890 PG. 586 ORDINANCE NO. 924, PAGE 2 OF 17 PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of the Euless City Council, on the loth day of March 1987, by a vote of 5 ayes, o nays, and 0_ abstentions. "PROVED: 7'z�q z 4wjAek Harold D. Samuels, Mayor ATTEST Ray Rainey, City Secretary r3yu! NIP 64 VOL. 8890 Pc. 587 ORDINANCE NO. 924, PAGE 2 OF 17 PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of the Euless City Council, on the Inrh day of Marrh 1987, by a vote of 5 ayes, 0 nays, and 0 abstentions. ATTEST iIGC�d2Cl Ray Rainey, City sec,; OIRDINANCE NO. 924, PAGE 2 OF 17 APPROVED: �/✓� rold D. Samuels, Mayor 1 i i { 0 ce PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of the Euless City Council, on the 10th day of ,March 1987, by a vote of 5 ayes, 0 nays, and 0 abstentions. APPROVED: J xa, Harold D. Samuels, Mayor Kay Rairi4y, City SecfBtary APPRO I RM: City Attorney VOL. 8890 Pc. 589 ORDINANCE NO. 924, PAGE 2 OF 17 APPLICATION FOR THE VACATION OF DRAINAGE EASMENT IN THE CITY OF EULIiSS, TEXAS EASEMENT LOCATION: Part of the A. J. Huitt Survey, Abstract 684, more narticularly described in Attached Exhibit 1, }recorded in Volume 4590, Page 621, lleed Records of Tarrant County, Texas, presently part of the proposed addition known as Plaza on the Lake. TO TlP', 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 drainage easement, particularly described in Exhibit no. 1, attached. In support of this application, the undersigned represent and warrant the following: 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 survey olat of the drainage easement sought to be vacated and the surrounding area to the nearest streets in all directions, showin; the abutting lots and blocks, and the tracts in which the above described oortioa of such drainage easement is situated, to¢othor with the record owners of such lots; 3. Attached, mar!ced Exhibit Pa. 3, is information regarding the consent of public utilities to such vacation; 4, Attached, marked Exhibit "Io. 4, is the consent to such vacation of all the abutting property owners, except the following: A. Bridgegate Apartments/DR'W Realty 311 S. Industrial, Euless, Texas 76040 Why consent not obtained: see attached Exhibit 4. B. State of Texas - highway Department Austin, Texas Thy consent not obtained: see attached Exhibit 4. ORDINANCE NO. 924, PAGE 3 OF 17 VOL. 8890 Ps. 590 5. Such drainage easement should be vacated because: A new drainage easement has been dedicated to the City of Euless which will include and cover more than the area of the existing drainage easement for which we make application for vacation and abandonment. A copy of this new easement is attached as Exhibit 5. G. Such drainage easement has been and is being used as follows: For natural drainage of the area, including conveyance of floe: for ^ovd Branch. FIRST S- 00ThWEESSTT� 210P.TCACE CORPORATIOPI Patric'c J, )Leadoff :s ar0 ...: STATE OF 'riiAA.S COUCTY OF 1P.::.iZAiT BE ?01,E PLR, the undersigned authority, wn t:iis day personally appeared PA'fBICS J. hIF.AllOF:S :nown to be to on a credible ncrson and one of the signers of the fore;oing application, and who, after being by me duly saroin, did upon his oath state that the int orTaPion containo:i in suc'!.i a p 91 cc. tic is true and correct to the best of his knowledge and b -lief. a I 8 Bate_ 4.I)O�N ORDINANCE NO. 924, PAGE 4 OF l7 'iotary Public, Tarrant County, Texas Commission exoirasdF 1-89 VOL. 8890 Ps. 591 i l 1 t I 1 1 EXHIBIT 1 - __ — - - -- Page 1 of 2 4, -N f�. STATE OF TEXAS I KNOW ALL PEN BY TIESE PRESENTS: COUNTY OF DALLAS I THAT 1,11. C. Deal of the County of Dallas, State of Texas, in consideration of the sum of One ($1.00) Dollar in hand paid, the receipt of which is hereby acknowledged, and in eonsi eratim of the special benefits to be derived by the remaining property, does hereby dedicate to the pity of Euless, and to all public companies operating with- in thr City of Luless, the-liereinefter described tract of land as a 10 foot public utility casement in the City of Euless, Tarrant County, Texas, and being a part of the A. J. Iluitt Survey, Abstract 684, and the centerline being more particularly described as follows: BEGINNING at a point in the southerly line of the Crossroads Addition, an addition to the City of Euless as recorded in the Deed Records of Tarrant County, Texas, said point being North 89' 43' 30" West a distance of 5.00 feet from the southeast comer of the Crossroads Addition; THENCE South 0' 48' East parallel to and 5.00 feet west of the southorly projection of the east line of the Crossroads Addition a distance of 233.71 feet to a point in the northwesterly line of State Nighway 183; Re lerance: STATE OF TDXAS I I COUNTY OF TARRANT I COi1..rTY CL:ad'$ ;;,fgp S= 1V'nJr liD. KNOW ALL MEN BY TIIESE PRESENTS: IIIAT I, 1. C. DEAL, of the County of Dallas, State of Texas, in consideration of the sum of One Lollar (51.00) to me in hand paid, the receipt of which is hereby acknow- ledged, and in consideration of the special benefits to be derived by my property, have granted and conveyed unto the City of Euless, 7exac, a municipal corporation, and by these presnets do grant and convey unto the City of Luless, Texas, a right - of -way under, in and along the hereinafter described property for the purpose of constructing and maintaining a drainage eascrOnt, said property being described as follows, to -wit: Being a drainage easement in the City of Euless, Tarrant County, Texas, and being a part of the A. J. Iluitt Survey, Abstract 684; and being more particularly described as follows: BEGINNING at a point for corner in the southerly line of the Crossroads Addition, an addition to the City of Euless, as recorded in the Deed Records of Tarrant County, CsTexan, said point being South 69' 43' 30" East a distance of 153.70 feet from the south - f west comer of the Crossroads Addition; G� THENCE South 89' 43' 30" East along the southerly line of the Crossroads Addition a distance of 86.08 feet to a point for comer; VOL :8890 rs. 592 (Z))� THENCE South 30' 77' East a distance of SOS.17 feet to the beginning of a curve to the An left; tf' ORDINANCE NO. 924, PAG[ 5 OF 17 147.14 feet to A point for mrner in the -- 111ENCE South 35 03' 30' East a disc once of S { era rtM1..w!te rlY Ii... eF Stste nl ahwy 183: -, 1 1 111EYtE South SS' 19' Nest along the northwesterly line of State highway let a distance + of 74,00 feet to a point for comer; 1, 1 TIIENtf North 3S' 03' 20" Nest a distance of 7.13 feet to a point for corner in the north- y easterly line of a tract of land mined by 1. C. Deal, Bill hutcheson.and Doyle Winters; ` TIIF.NCE North 30' 32' 27" Nest along the northeasterly line of said tract a distance mf 1 381.41 feet to a point for corner; t THENCE South 89' S9' 30" weft along the northerly line of said tract a distance of 13.00 p feet to a point for comer; h !. Q t 4n THENCE North 30' 27' Nest • dirtmce of 315.25 feet to re place of beginning. i - 1' i� 11111 the Ac TO inabove described tract of land if hereby dedicated as s public utility easement for the perpetual use and benefit of the City of Euless and any and all utility companies{ 1 operating within the City of Euless, provided however, that nothing herein shall be con - IV strued as a dedication of said tract as A public street other than for the passage of I garbage trucks and other vehicles owned and operated by the City of bas less or its agents and vehicles owned and operated by utility companies or their agents entitled to use said easement. Any public utility shall have the right to remove and keep removed al i or Parts of buildings, fences, trees, shrubs or other improvements or growths which in any II day may endanger or interfere with the construction, nraiutenance or efficiency of its respective system on this easement; and any public utility company shill at all times 'I have the right of ingress and egress to and from and upon the said ensement for the f purpose of constructing, reconstructing, inspecting, pat mllin g, maim --n and adding to or removing all or part of its respective system without the necessity a any time of procuring the permission of anyone. I IN TESTIMONY WHEREOF, witness my hand, this the��_d i a. A. 0. 1968. ! STATE OF TEXAS [ 03UM OF DALLAS BEFORE me, the undersigned, a Notary Public In and for sold County and State, on this day personally appeared 1. C. DEAL, known to me to be the person whose name is subscrioad to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN under my hand and seal of office, this thu d o � �.�.-G A. D. 1968. tKr j /k' =�' -,Wary P iclln w et • Af OUTty, Texas - Exhibit 1 e VOL. 8890 r�. 593 ORDNANCE NO. 924, PALE 6 OF l7 w E;1SE :1E!iT LOCATIOFl: Part o the A. J. liuitt Survey, :lustract 634, more particularly described in Attached Exhibit 1, . :ecordod in Volume 4590, Page 621, Deed Records of Tarrant County, Texas, presently ?art of the proposed addition !mown as Plaza on the Lake. Attached is a copy of the survey plat and .sarvev shoring the drainage easement sought to be vacated, showin, the surrounding ❑rea to the nearest streets in all directions, abuttinn lots, the tracts in which t',e portion of the utility casement sought to be vacated is situated. ,11so, the napes of the record owners of the abuttin^ lots are shown. Exhibit 2 Page 1 of 3 ORDINANCE NO. 924, PAGE 7 CF 17 VOL. 8890 P6. 594 .- I J N Co. o 0 O di a HN QTi'Hl O' Js h M 1 .- I Rocox 1 '1 $99 °13'30-E J258.77' 0 NS.NNV 11MNIN6 Lot 3 J /7. ID i 2 182 A A, 'n. vnaL io CentYai ' PiY . Tax Service LOT V LOT 2 Fzr NA7lONAZ\ ADDII/ON wL'see -sa IC'\O Painter, 8 D M.T.L.• P.O.Box 18 f DRZV< (naVLV ARCT '1999 J\ rib?•`' \J �' AREA us[o BY w. IUHMOUNO , ^J J —� as J - Co. o 0 Place' di a 06 O' Js h M 1 O � o :Q a V A Lot 1 and 3 Record Owner Cf6 Richard YcEl MBank Euless ni 3609 9thBerry Arlington, TX Rocox 1 '1 $99 °13'30-E J258.77' 0 NS.NNV 11MNIN6 Lot 3 J /7. ID i 2 182 A A, 'n. vnaL io CentYai ' PiY . Tax Service LOT V LOT 2 Fzr NA7lONAZ\ ADDII/ON wL'see -sa IC'\O Painter, 8 D M.T.L.• P.O.Box 18 f DRZV< (naVLV ARCT '1999 J\ rib?•`' \J �' AREA us[o BY w. IUHMOUNO , ^J J —� as 'l«« 13.26 ACRES Of LAND '4 \�\s4 \\10( 25 °50'w i \ 2 �r2s» IN a \\ l\ IN 11. 33S.S5 ' CMSY T mis •ms u T ss,$. C n¢u �2iioaaw :6a Lei Co. EJ Place' di itY . Ut6n -64'1U.1. 06 O' Js 'l«« 13.26 ACRES Of LAND '4 \�\s4 \\10( 25 °50'w i \ 2 �r2s» IN a \\ l\ IN 11. 33S.S5 ' CMSY T mis •ms u T ss,$. C n¢u �2iioaaw :6a Z `E O' stRVEY'�PLAT p':., x , { %- E'3) heraby certify that the plat of survey ahwo hereon vaa Made .m the - �'.,'.. grind by w "t &r try diriccittn and sipetvisi,n, on the 270. day of pec®har, '1983. of chsl prvvorLy icyplly described herean std is a crux,'.:' rob wrrect,'ad mcu'ale repre,,mcation n. the property As determined by the survey, that the size. location, and type of buildings and imprme- - 1 'amts areas spar: all Japron —ma being 4ithin the btAidaries of the ',':property std Within cha setback and /or utilding lines as s!loar: Uut there zee no discrepancies, conflicts, ercroacirents, protrusions. comerlappiig or iMYOW setts. easasmes or !o+s5ans, .adept As dun; that the under. signed has heed made amore of, surer courses, creeka. pods, flood ha. rd -; bouxary or flood formic areas according to the U. S. Depar uc of sousing 'ad Urban Development Flood IM19erat Pace Flap, Gsarr,ity -Patel :Amber 48a454 0010, revised Jurc 20, 1980, (Tb: drainage channel nsnitlg through the tJrrch property lire to Wast Edl.ss Boulevard is sub)ecc to floodling: a' complete engiteerim study rust be dome prior to the eaacc area) .;riphts -of- y. setback And/or building lines or readvava, uu c clearly • ;: etc hereon; and that said property has access to and ;T= a dedicated �rrsdmY am a1wN hereon. . R DESJit_i IQ, - &:Ai; a tract of land Air." to cis A. J. MArr S(Rt117f, AB Mv7 iJ.. 684, in the City of Euless, TAer:nlc Gummy. Taus. and being. more parttc- ' Manly described by rtes and bongs as full, .s: BE:u`MG at point for wmr in the ::u:Ut rlv line of Aeet Eul,-ss Bwie- -" tstrd. (State. illgbay :b. 183). sme being 143.51 feet Ibrt,xrly (as n. ur.d ION said'k=herly Lice of West Euless elvlevord) frog., thou Soutt.•ast coroner of Iot=2 of the ?IRST i:,1110I,V..ICOC1'10., an Addition to the City of Euless. feaas, x'cording to cise plat r.r:orded iv Vol. 3w -Sb at Pow 60 in.thu Deed Record$ of Tarrant Gnncy. Pogo.: i ZCX :brth X31 degv.vs :5 tioutes 30 w..nds Whet .\ r :; diltale. of 110.C6 eat to an iron rod fur wroor; sari, be :,, thou be;:. i�ri�y; of a coma to LN\ left raring a radius of 670.9: feet: GGa('E in a lwrt.•ouescerty dirvtion al,aw, said Ourve to tSe left for a distance of 100.38 set to the and ..f said curve• to the left and the begin . ,rag o: It cur VC to the right having a radius o: 365.55 feet. Rica in a 3ilrt?WSLerly dirm_ion along said curve to the rig:.t -'or. a distance of 98.87 fe,,t to the end o said cure.: - 3EV(E North 25 degrees 50 minutes blest •or a distance of 6411,1,1 -feet to ai iron, rod ,f u+tsxr :: - t s '1lY.d;?•' ;few. DEEF. liw -for a distn:ce of 375.15 t t,' ar. inv rod for ..rocr in '!M East lire of 1nSutrial Foul.•vard IF.Y. Road :b.,157); ' ri%E2: !41:rh 00 degmvc ii minutvs 36 vecotds '.Rst aLnq said Fast lire. r.; I:duotrial Bcules-ard for a distance ,•r 39'.00 -t L to railroad' spike. - ,t sunset, '&a ' also b.st U.' SoUt 111; wrer .,f CiCSSROADS ADDITiG: :, -r, .Addition to the -My o. Euless. Te a..s, according tU chu plat. recorded in Volttt ]68 -49 at'Psge 24 In the D.ui Rewrds u_ Tarrant Canty. Teas—.' ^EGE South 09 .3 mdinotes 40 s crud. ire: aLng thv' ;Sour. lion yr .of -said Gs7S.SPOW.i ADJIrM: for a d[scaoco of 1255.i7 feet to an iron . t+.d..FM.Wroler, sane bVI= -he 9,uct ems: cO ner of said CFCSSJ4%05 AWi7lia: ' :. 1na:a S:vch m 00 gr v$ :8 -diutes ;a s r ha$ +ls t aimg atfsslca for a Lstanea M'__9.Y6 feet to .n troy, rod .or corner in said ,iorrherl2 Jinn : l,idwtrial Boulevard, 13E:G &ru:i 55 degrees 1Y miouLcs 3u son ends '.West along said :orderly 11i u' W,:st -l] I.as a Jistanw of 717.56 ice: to the bctim.- IN o' a time to rte: righc'4w. 1, N; '1 tout: 11 angle of 0: Lkgnvs :6 ; inuce, 'i trd - adiae, t ;85..5 f"..; - i;o= in a "ttse.r -urly dir.c,L, al,:n 'u '.:r ierly lw +i 'dust £.Hess Boulevard a;si mow. ,aid to LI. rioL Yor .. dlst '. of "eec t9 the Luce Ur BE•:I \:l::l' «^ QrVCALYLs< 13.26 acm, of taw. y By ss �� JAMES DEWEY . JaNE4 DEWET DEC 27,.283 C SURD b' 3:. + 1316 AC. TRACT IN AJ WITT SUR. 48.684 (' / / n r j/ TARRANT COUNTY, rws' as' }7URV l PkEPAREV OY J .'l�� %T °F DEWEY & ASSOCIATES LAND SURVEYING ' •..� :; 5.,, ;c ..; 105 StUTa ROGERS ROAD .. ,RV,a6 'FARE 11010 .. .. 1$31131 e.i- .,_ ua. an.• IINANCE, NO.' 924, PAGE 9 OFj t7 VOL 8890 PG. " "' EASEMENT LOCATION: Part of the A. J. Huitt Survey, Abstract 684, more particularly described in attached Exhibit 1, Recorded in Volume 4590, Page 621, Deed Records of Tarrant County, Texas, presently part of the proposed addition known as Plaza on the Lake. EXHIBIT NUMBER 3 The undersigned public utility companies, using or entitled to use, under the terms and provisions of our respective franchises with the Citv of Euless, that portion of the drainage easement sought to be vacated in the APPLICATION TO VACATE DRAINAGE EASEiiE6'T above referenced to, do here'bv consent to the vacation and abandonment of the described portion of such utility easement. LONE STAR GAS COi -iPANY BV: Title: SOUTHI:'ESILRN BELL TELEPHONE CO. By: 'I'iC1e (� _ fUp-�tv1 TEXAS POWER G LIGHT CM'iPAP'Y 5'IORER CABLE C0:4PA::Y By: by: Title: Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate drainage easement above referenced, from the standpoint of present and future needs of the Citv of Euless with respect to traffic and city utilities, and I see no objection to the requested vacation fro,, the City's standpoint. / ',� ,f `x t41A ;NyI/ 130 f'j City Engineer, Citv of Luless, Texas VOL.8890 PG. 597 /""" ORDINANCE NO. 924, PAGE 10 OF 17 EASEMENT LOCATION: Part of the A. J. Huitt Survey, Abstract 684, more particularly described in attached Exhibit 1, Recorded in Volume 4590, Page 621, Deed Records of Tarrant County, Texas, presently part of the proposed addition known as Plaza on the Lake. EXHIBIT NUriBEP. 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 drainage easement sought to be vacated in the APPLICATION TO VACATE DRAINAGE EASEiiENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility easement. LONE STAG GAS COiiPANY By e// L's/i j'-i Title: �fll2l•JG'.%� 1 Di''PX0Uc'1J' /JS z, h/' 6-1. S IWIZT -1.0. au' �cMd. JS �i-7/F o, SOUTIL'HSTP.RS BELL TELEPHONE CO. by: Title: TEXAS POWER & LIGHT COI'PA ":Y STORE-. CABLE CO3iP A :1' By: Title: P.e: Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate drainage easement above referenced, from the standpoint of present and future needs of the Citv of Euless with respect to traffic and city utilities, and I see no objection to the requested vacation from the City's standpoint. ty Engineer, CiLV of i.uIess, Texas VOL, 8890 P5. 598 ORDINANCE NO. 924, PAGE II OF 17 EASEMENT LOCATION: Part of the A. J. Huitt Survey, Abstract 684, more particularly described in attached Exhibit 1, Recorded in Volume 4590, Page 621, Deed Records of Tarrant County, Texas, presently part of the proposed addition known as Plaza on the Lake. 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 drainage easement sought to be vacated in the APPLICATION TO VACATE DRAINAGE EASE1,iENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility easement. LONE STAR GAS COMPANY SOUTHWi STERN BELL TELEPHONE CO. By: Title: By: Title: TEXAS POWER A LIGHT COMPANY STORER CABLE COMPANY By: Title: By: I Title: The undersigned, City Engineer for the City of Euless, certify that I have carefully considered the application to vacate drainage 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 reauested vacation from the City's standpoint. City Engineer, City of Euless, Texas VOL.889.0 P6. 599 /"*` ORDINANCE NO. 924, PAGE 12 OF 17 EASEMENT LOCATION: Part of the A. J. Huitt Survey, Abstract 684, more particularly described in attached Exhibit 1, Recorded in Volume 4590, Page 621, Deed Records of Tarrant County, Texas, presently part of the proposed addition known as Plaza on the Lake. EXHIBIT NU ^1BER 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 drainage easement sought to be vacated in the APPLICATION TO VACATE DRAI'4AGE EASEMENT above referenced to, do hereby consent to the vacation and abandonment of the described portion of such utility easement. LONE STAR. GAS COFiPANY By: Title: TEXAS POWER C LIGHT CO:PANY By Title: SOUTHWESTERN BELL TELEPIIO14E CO. Bv: Title: STOP E.". CABLE C04IPANY R,y: Title: The undersigned, City Eneineer for the Citv of Euless, certify that I have carefully considered the application to vacate drainage 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 reauested vacation from the City's standpoint. City Lngincer, Citv o ORDINANCE NO. 924, PAGE 13 OF 17 ass, 'f exas RtCEIVEO CUST. SERVICE DEC p 11986 EULESS OFF10^ Vo1.8890 PG. 000 EASEMENT LOCATION: Part of the A. J. Huitt Survey, Abstract 684, more purticuinrly described in attached Exhibit 1, Recorded in Volume 4590, Pape 621, Deed 'records of Tarrant County, Texas, presently part of the proposed addition known as Plaza on the Lake. F'CiII ,TT 7lUNi4EH 4 The consent of the owners of the property nbuttim; upon that portion of the drainage easement named and described in the Application to Vacate referred to above iras not ':een sought or obtained for the following reason: 1. The easement referred to above is being replaced by a nee: drainage easement which has been dedicated to the City of P.uless. The nev draina;e easement covers the area of the abovr referenced casement in,'' increases the the area covered by said easement. The nen:r easement will provide mor, adenunte drain..�r, tierefore, the abuttine property owners e:iil not )a s=iccted. 1 copy of the new drninaea ense -ent is attec;ied as VOL.8890 P6. 601 [""ftwumrl ORDINANCE NO. 924, PAGE 14 OF V STATE OF TEXAS COUNTY OF TARRANT EXHIBIT 5 CITY OF EULESS DRAINAGE EASEMENT KNOW ALL MEN BY THESE PRESENTS: That, FIRST SOUTHWEST MORTGAGE CORPORATION, a corporation organized' under the laws of the State of Texas, acting herein by and through the undersigned, its duly authorized agent, for and in consideration of the sum of Ten Dullars ($10.00) and in consideration Of the special benefits to be derived by the property, have granted and conveyed unto the City of Euless, Texas, a municipal corporation, and by these presents do grant and convey unto the City of Euless, Texas, an easement in and along the hereinafter described property for the purpose of constructing and maintaining a lake and drainage easement, said property being described as follow: DRAINAGE EASEMENT BEGINNING at an iron pin set for corner in the northerly line of e 13.26 more tract, said Iron pin being S 89 degrees 13 minutes 10 seconds E, 313.00 feet from a railroad spike found In the easterly R.O.Y. of Industrial Blvd. (F.M. 157) (100 ft. R.O.W.), said spike also being the southwest corner of the Crossroads Addition as recorded 1. Volume 386 -19, Pg. 21 of the Deed Record,, Tarrant County, Texas; THENCE S B9 degrees 13 minutes 10 seconds E, a distance of 156.92 feet to a point on a curve to the right having a radium of 592.50 feet and whose chord beers S 61 degrees 18 minutes 07 seconds E, 58.86 feet; THENCE slong said curve to the right through a central angle of 5 degree. 17 minutes 29 seconds, an are distance of 59.89 feet to the point of tangency; THENCE S 58 degrees 21 minutes 23 seconds E. a distance of 140.32 feet to a point for corner; THENCE S 11 degrees 51 minutes 23 second. E. a dletence of 95.07 feet, a point for the beginning of a curve to the left having a radius of 607.50 feet and whose chord beers S 24degrees 19 minutes 22 seconds E, 209.23 feet; THENCE along said curve to the left through a central angle of 19 degrees 19 minutes 57 seconds, an are distance of 210.28 feet to the point of tangency; THENCE S 34 degrees 11 minutes 20 seconds E, a distance of 27.07 feet to a point for corner; THENCE, S 13 degrees 11 minutes 20 seconds E, a distance of 59.97 feet to a point for the beginning of a curve to the right, having e radius of 592.50 feet and whose chord beers S 09 degrees 20 minutes 26 seconds E, 90.88 feet; THENCE along said curve to the right through a central angle of 08 degrees 17 minutes 48 second. an are distance of 90.97 feet to the end of said curve, a point In the In the northerly line of West Euless Blvd.; THENCE S 55 degree. 19 minutee 30 second. N, along Nest Euless Blvd. a distance of 95.25 feet to a point for corner; THENCE N 61 degrees 35 minutes 13 second. N, a distance of 53.02 feet to a point for corner; THENCE N 29 degrees 21 minutes 20 seconds Y, a distance of 121.53 feet to a point for corner; THENCE N 15 degrees 21 minutes 20 seconds W, a dl,tnnce cf 126.21 feet to a point for corner; THENCE N 30 degrees 13 minutes 05 seconds W, a distance of 135.17 feet to a p,rtnt for corner; THENCE N 15 degrees 54 minute. 23 second, W, a distance of 139.61 feet to . point for corner; THENCE N 31 degrees 33 minutes 26 seconds W, a distance of 170.19 feet to the POINT OF PEGINNING and containing 107,007.82 sq. ft. or 2.1566 scree of land more or less. VOL. 8890 PG. 602 ORDINANCE NO. 924, PAGE 15 OF 17 page 1 of 3 dr- A detailed drawing of the above described Drainage Easement is shown on Page 3 of 3 attached hereto and made a part hereof. TO HAVE AND TO HOLD the same perpetually unto the City of Euless, its successors and assigns forever. WITNESS my hand this the ,1,/k; day of .�4'�,�0 ^� ^�^�''l , 1906. FIRST SOUTHWEST MORTGAGE CORPORATION all STATE OF TEXAS COUNTY OF TARRANT BEFORE ME, the undersigned authority, on this day personally appeared, Patrick J. Meadows of FIRST SOUTHWEST MORTGAGE CORPORATION and known to me to be the person whose name is subscribed to the above and foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed, in the capacity therein stated and as the act and deed of said FIRST SOUTHWEST MORTGAGE CORPORATION. 1' Sri GIVEN UNDER MY HAND AND SEAL OF OFFICE on this, -q hx day ot_ „����.,19, 6 , NOTARY PUBLIC MY COMMISSION EXPIRES PAGE 2 OF 3 Exhibit 3 Page 2 of 3 ORDINANCE NO. 924, PAGE 16 OF 17 . I VOL. 8890 PG. 603 8 ,d b Lt m O INDUSTRIAL BLVD. 1 (P.M. 157) YYY(9r 9pe51 6:1�Y.a �__ VOL. 8890 Ps. 601 '1uI1' • Si(n fi G'IVCCial e: , �nc. PLAZA ON THE LAKR DRAINnGE , SnN. SWR. B _ �_ p„a c.a••.. PERP MgINT EASEMENT * nim nr —' tnix.rn.•rou p'4E4p. T�pp�NT COUNTI, T4 l! • • - -- ORDINANCE NO. 924, PACE P OF 17 Exhibit 5 56SBS E6Z lClel 3Nokd 3NaO �E09L Xl 'SS31r,3 O1J3 HlapN wa sS3ln3 30 A-LR) A6 Vilu3S A110 i0 301330 0 � a c N PROVISIONS CONTAINED IN ANY DOCUMENT WHICH RESTRICT THE SALE, RENTAL, OR USE OF THE REAL PROPERTY DESCRIBED THEREIN BECAUSE OF RACE OR COLOR ARE INVALID UNDER FEDERAL LAW AND ARE UNENFORCEABLE. ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL, OR USE OF THE DESCRIBED REAL PROPERTI' &CAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. pf TPR0.0.tYL (4 0 one Aoninassat a a� hpn3e of ^raMayyamp, dfi¢Sa0.4• 0 z� i0a Votnm 4amp� n ten l0v aP.f Go cM s. as aga� of Sartn OA �1 SYR }I �•�+��,� 3 1+ 4 VOL. 88so Pa cos.