HomeMy WebLinkAbout979 08-23-1988ORDINANCE NO. 979
AN ORDINANCE VACATING AND ABANDONING A PUBLIC
UTILITY EASEMENT IN THE PARKHILL 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 Lot 23, Block 3,
the Parkhill Addition, 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.
09371 0017
PRESENTED AND GIVEN FIRST AND FINAL READING at a regular meeting of
the Euless City Council, on the 23rd day of August 1988,
by a vote of 4 ayes, 0 nays, and 0 abstentions.
I:l29144 AEn
y
Harold D. Samuels, Mayor
/; 44 [Cw
Kay Rainey, City Secret
_
APPR TO FORM: I
f �a
City Attorney
ORDINANCE NO. 979
PAGE 2 OF 11
APPLICATION FOR THE VACATION OF UTILITY
EASEMENT IN THE CITY OF EULESS, TEXAS
EASEMENT LOCATION
?nt2Klw__
NtJp"T\O+J
No.
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, 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 K f>r
Address Z'zc)l i u Pt
Why Consent Not Obtained
Cow SEA Fo R++—W ��- 13E 5�6+1Ep�Hr =�1
B. Name
Address
Why Consent Not Obtained
5. Such utility easement should be vacated because:
po2roN Dv:
Lf"oQTko�) OF T4E S etic\u'Q <— L_OCR \FO O�) THF_
IJ 6CQ �(3E (J \ eo PF('T`j tNC9cjNcHES oNf= 7-DD_ ♦Nlrc)
Tc>oT FtSE YE'J7, IC:4 \j r-- moo,— of WyTe+F k� o�j
Page 1 of 2) Lo i 2'3 f3ioeK 3. Ri T F1 E TkvAe pp Co^1
ORDINANCE NO. 979 CASEMFaT p pvwT sFiOV Onl Z N� �u LOEfLS PLA ,
PAGE 3 OF 11
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6. Such utility easement has been and is being used as follows:
�V-CcZ��c{�i, v tvdJE��tZ o�7yV�
THE STATE OF TEXAS X
COUNTY OF TARRANT X
BEFORE ME, the undersigned authority, on this day personally appeared
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 oath
state that the information contained in such application is true and correct
to the best of ,_Z - knowledge and belief.
`- Notary Public, Tarrant Count,%, Texas
Seal o,v rs
Page 2 of 2)
ORDINANCE NO. 979
PAGE 4 OF 11
0937; 0020
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EASEMENT LOCATION
EXHIBIT NUMBER 1
Being that portion of L oT 2-?J �j OCV, 7) Pia 2V�1� LL A DD1� ��1
ERST SIrJE vT�� -��y r AS�M��T
in the City of Euless, Tarrant County, Texas, and being more particularly
described as follows: ONF- TOOT 'T?iE uJEST IL, ioE Orr
R TC vJ F D OT V ( k R fy\F� o (F� W C t� i v f_ Fo o f
I \ES c,av LoT 23 ��OL�3 Ryan �6 iAl2%�.� Cl PNtJ ROSRcEMI
p�1 TFFE �RS\ {�RoPE2T j �—Lr� Tl� T!}RT Pciv J� SGJF�i RNJJ
or+E �A�F 5-E ET �2p.v` 'ttFE 2 %Alz �2oPE2 \'1 1. -�vJi,
-k SEE R—\X ReAED P1,oT
ORDINANCE NO. 979
PAGE 5 OF 11
0937 ► 0021
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PLAT OF
LOT 23, BLOCK 3, PART: HILL ADDITION TO THE CITY OF EULESS,
TARRANT COUNTY, TEXAS, ACCORDING TO PLAT RECORDED IN VOLiJME
388 -170, PAGE 60, PLAT RECORDS, T /kPPANT COUNTY, TEXAS
SCALE 1' = zo.
LEGEND
• 'PON PIN
0 RON PME
BOIS D SAC S'.KF
❑ CONCRETE VON
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ORDINANCE NO. 979
PAGE 6 OF 11
rHA OFP -I OL?KS 1F
,-a 3945 Q/
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LOYD BRANSOM SURVEYORS INC.
CHARLES B HOOKS JR.
REGISTERED PUBLIC SURVEYOR
1028 NORTH SYLVANIA AVE.
FT WORTH. TEXAS 76111
8343477
l Br •-ERri {v '� ' 44 'tl�k OV!. Il.ur. ..
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EASEMENT LOCATION
EXHIBIT NUMBER 2
The following is a plat or sketch of the utility easement sought to
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:
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0937 0023
ORDINANCE No. ;79 - - `_. " ' 1 L- L �' ^ 1 0 N
PAGE 7 OF 11
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IAMFH MATSOI: A RVEY.. ABSTRAC' IJC 1080
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0937 0023
ORDINANCE No. ;79 - - `_. " ' 1 L- L �' ^ 1 0 N
PAGE 7 OF 11
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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 STAR GAS COMPANY
By:
Title:
TEXAS POWER & LIGHT COMPANY
� k\E ACtN4�OI-SlIE2
By:
Title:
SOUTHWESTERN BELL
.- TELEPHONE \COMPANY
By:
Title:
O'
STORER CABLE COMPANY
By-�Z
Title:
IF
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.
Iy Engineer, City of Euless, Texas
ORDINANCE NO. 979
PAGE 8 OF 11
O93Yi 0024
TUELECTRIC
May 2, 1988
Terry Sandlin
5137 Davis Blvd_
Fort Worth, Texas 76150
RE= Easement Encroachment
To Whom It May Concern_
TU Electric has no objection to the encroachment of the house
into the platted utility easement along the East property line of
Lot 23 Block 3, of the Park Hill Addition to the City of
Euless_
However, because we have power lines in this easement, TU
Electric will not be responsible for any damages to the above
house if for any reason excavation is necessary in this easement_
If there are any questions in this matter, please call-
Sincerely,
Frank E_ Friudenberg, Jr_
Customer Services Supervisor
FEF /dwp
ORDINANCE NO. 979
PAGE 9 OF 11 093 ,I '0 2 5
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.
D N -3 t KP'yl N"arte6rz-S
Addre : T2,07 C-7J3t tJ, Lor22 PA43
1i FrJ C;70tiVi /-Fi tAll CO'�fey E66
Address:
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Address:
Address:
ORDINANCE NO. 979
PACE 10 OF 11
Address:
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Address:
Address:
Address:
0'93 7 0026
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.
K ri l'ovaQE6E� 't'
Address: 22 077 ' J k Address:
Address:
Address:
Address:
Address:
ORDINANCE NO. 979
PAGE 11 OF 11
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09371 0027