HomeMy WebLinkAbout940 08-11-1987ORDINANCE NO. 940
AN ORDINANCE VACATING AND ABANDONING A' PUBLIC
UTILITY EASE24ENT IN THE EULESS GARDENS NO. 2
ADDITION, 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 Euless
Gardens No. 2 Addition, Tract A, and Lot 4, 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. 9057 Ps.
17.00 W D
2 09/03/8
:O
PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of
the Euless City Council, on the 11th day of Aueust 1987,
by a vote of 5 ayes, 0 nays, and 0 abstentions.
APPROVED: �1
;zo/ Gt%
Harold D. Samuels, Mayor
ATTEST: Ray "y, City Secret
vT
City Attorney
ORDINANCE UO. 940
Page 2 of 8
��V4
APPLICATION FOR THE VACATION OF UTILITY
EASEMENT IN THE CITY OF EULESS, TEXAS
EASEMENT LOCATION 200 feet South of Highway 183, from South Ector Dr., W. + 1.93 feet
No. Date: Mar. 4, 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).
A. Name None
Address _
Uhy Consent Not Obtained
B. Name None
Address
Why Consent Not Obtained
5. Such utility easement should be vacated because:
In its present location it would obstruct proposed platting and
subsequent use by Owner.
ORDINANCE NO. 940
Page 3 of 8
EXHIBIT A
'� U },li�y Cmw.Pnv�:as Nava cts��v ec1 �ov vncalt:o •• of v4. A-1 ea.sew.e4l�t
VOL. D 0'a 7 Pr, R 8 ,
6. Such utility easement has been and is being used as follows:
Easement is not in use at this time, nor has it been, nor is
it proposed to be in the future.
THE STATE OF TEXAS X
COUNTY OF -EALIS X
BEFORE ME, the undersigned authority, on this day persona -Ily appeared
/ VAN a lilE
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 Ais oath
state that the information contained in such application is true and correct
to the best of f
Seal +t,`; ..iij�,',
knowledge and belief.
:-- ". (2 Z"""
Notary D ie, LLAS „(ounty, Texas
VOL. 9057 P6. 881
ORDINANCE NO. 940
Page 4 of 8
EXHIBIT A
EASEMENT LOCATION 200 feet South of 183, from S. Ector Dr., West + 193 feet
EXNTBIT NUMBER 1
Being that portion of Tract A, Euless Gardens Addition No. 2, Vol. 388 -58,
Page 98, D.R.T.C.T., and Lot 3 and 4, Euless Gardens Addition, Vol. 3 -8 -Q,
Page 109, D. R. T. C. T. - -- - -- — -
in the City of Euless, Tarrant County, Texas, and being more particularly
described as follows:
Being that same 5.0 foot wide utility easement shown as being along the South
line of Tract A of said Euless Gardens Addition No. 2; and that same 5.0 foot wide
utility easement shown as being along the South line of Lot 3 and the North line
of Lot 4 of said Euless Gardens Addition, SAVE and EXCEPT that portion common with
the 5.0 foot wide utility easement located along the East lines of said Lots 3 and
4 of Euless Gardens Addition.
VOL. 9057 PG. 88"
ORDINANCE NO. 940
Page 5 of 8
EXHIBIT A
a
EASEMENT LOCATION 200 feet South of 183, from South Ector Drive, West + 193 feet
17XHTBTT NUMBER 2
The following is a plat or sketch of the utility easement sought Lo
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:
S. H.
— VARIABLE'
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EASEMENT TO
BE VACATED a
S' UT /L /7Y 65MT ••.
5'UTI1ITY ESMT.
LOT 4
198.00 0
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9057P6. 888
ORDINANCE NO. 940
Page 6 of 8
EXHIBIT A
EASEMENT LOCATION 200 feet South of 183, from South Ector Drive, West + 193 feet
EXHIBIT NUNBIER 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 STAR GAS CO PA�NY
BY:�4'�.�,
s
TEXAS PQWER & LIGHT
ff.
t— ,r ) 1
S -2g -S7
SOUTHWESTERN BELL TELEPHONE CO.
BY: /�WJd CnX
( OMM 17" We xlVw
STORER CABLE COMMUNICATIONS
SLIS rirNn ne r ,J l 002 nc rJR'�02
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
I
VOL. 905'7 eO
88:1
ORDINANCE NO. 940
Page 7 of 8
EXHIBIT A
200 feet South of 183, from South Ector Drive, West + 193 feet
EASEMENT LOCAAON
EXHIBIT NUMBER 4
The undersigned, owners of property abutting upon that portion of the
utility easement named and described in the Applicntiun 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.
Address:
Address:
Address:
Address:
Address:
Address:
Address:
Address:
Address:
Address: uni 9057 PG. 890
ORDINANCE NO. 940
Page 8 of 8
EXHIBIT A