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HomeMy WebLinkAbout980 08-23-1988ORDINANCE NO. 980 AN ORDINANCE VACATING AND ABANDONING A PUBLIC UTILITY EASEMENTS IN THE CHELSEA PARR 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 easements located in Chelsea Park Addition, in the City of Euless, particularly described in Exhibit "A," (as recorded in Volume 388 -187, Page 71, P. R. T. C. T.) 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 0029 PRESENTED AMID GIVEN FIRST AND FINAL READING at a regular meeting of the Euless City Council, on the 23rd day of A „g„Gt 1988, by a vote of [ ayes, 0 nays, and _0 abstentions. APPROVED: Rarold D. Samuels, Mayor ATTEST: i Kay Riney, City Se&ietary APPRO AS TO FORM: City Attorney ORDINANCE NO. 980 PAGE 2 OF 13 APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION ^,helse� ?arl: .Addition 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 Address 10A" Why Consent Not Obtained B. Name Address _ Why Consent Not Obtained 5. Such utility easement should be vacated because: r.rjlzati•r� of .,a id Page 1 of 2 ORDINANCE NO. 980 PAGE 3 OF 13 09371, 0031 6. Such utility easement has been and is being used as follows: THE STATE OF TEXAS ~S 3 COUNTY OF TARRANT I BEFORE ME, the undersigned authority, on this day personally appeared WCLLC M cut -b/l . 0O"rx rvcodoiIL Sauin4s 466,0 a uj a'X , 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 'ham knowledge and belief. o�axx;r�w:R:�oc:o�:�xxxc.^,xca gR RAC14ELLE PAP.EZO 3 v Notary Public. State of lexas $ Seal $ My Comm. Expire; 5/20/92 $ xoc0000 Dorn 00000000cc0000Wo0= Page 2 of 2 ORDINANCE NO. 980 PAGE 4 OF 13 60" &t w Notary Public, Tarrant County, Texas 093ii 0032 EASEMENT LOCATION Ch Tc a Park addition EXHIBIT NUMBER Being that portion of rhel an additian to rho c 10 992FUH10M . . in the City of Euless, Tarrant County, Texas, and being more particularly described as follows: 1. Being a 7.5' utility easement on the South property line of lot 54, Block D. 2. Being a 7.5' 3. Being a 7.5' 4. Being a 7.5' 5. Being a 7.5' 6. Being a 7.5' 7. Being a 7.5' E. Being a 7.5' 9. Being a 7.5' 10. Being a 7.5' 11. Being a 7.5' 12. Being a 7.5' 13. Being a 7.5' 14. Being a 7.5' 15. Being a 10' utility easement utility easement utility easement utility easement utility easement utility easement utility easement utility easement utility easement utility easement utility easement utility easement utility easement utility easement SE^ 71HIDIT 'A' FOR DETAIL IMP ORDINANCE NO. 980 PAGE 5 OF 13 on the North property line of Lot 46, Block D. on the South property line of Lot 32, Block D. on the South property line of lot 24, Block D. on the North property line of Lot 14, Block D. on the South property line of Lot 107, Block A. on the South property line of Lot 103, Block A. on the North property line of Lot 95, Block A. on the North property line of Lot 89, Block A. on the South property line of Lot 26, Block B. on the East property line of Lot 34, Block B. on the Southeast property line of Lot 191 Block B. on the North property line of Lot 22, Block B. on the South property line of Lot 12, Block B. in the common property line of Lots 6 and 7, Block D. RECEIVED AUG 18 CITY OF EULESS 09371 -0033 i EASEMENT LOCATION "!ual e;ca ", r': '. itlo., 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: I .;" _ 7 .. !I7I ORDINANCE NO. 98O PAGE 6 OF 13 0 937; 0035 EASEMENT LOCATION Chelsea Par'; Addition 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: 2 Title: U-0 (9 TEXAS POWER S LIGHT COMPANY By: Title: SOUTHWESTERN BELL TELEPHONE COMPANY By: Title: STORER CABLE COMPANY By: Title: 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. 980 PACE 7 OF 13 093 / onq EASEMENT LOCATION Cl; =1se❑ Par!c Ad- L'ition 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 5 LIGHT COMP By: Title: Cust. Services Sup rvisor SOUTHWESTERN BELL TELEPHONE COMPANY By: Title: STORER CABLE COMPANY By: Title: 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. 980 PAGE 8 OF 13 09J/ I 003/ EASEMENT LOCATION C ?sr!: A,!1ition 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 SOUTHWESTERN BELL TELEPHONE COMPANY By: Title: TEXAS POWER & LIGHT COMPANY By: Title: By: Title: STOREER� CA�BL�E COMPANY By: �1 C 2Z— rs�/ Title: 1yTry ttt4Vte/ 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. 980 PAGE 9 OF 13 093-i I UO38 EASEMENT LOCATION U -misea Park addition 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 6 LIGHT COMPANY By: Title: SOUTHWESTERN BELL TELEPHONE COMPANY By. Title: STORER CABLE COMPANY By: Title: 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. RECEIVED City Engineer, City of Euless, Texas AUG E 31998 ORDINANCE NO. 980 PAGE 10 OF 13 CITY OF EU L 093/1 0030/ APPLICATION FOR THE VACATION OF UTILITY EASEMENT IN THE CITY OF EULESS, TEXAS EASEMENT LOCATION Chelsea °ar!: Addition 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 Address ..on Why Consent Not Obtained B. Name RECEIVED Address Why Consent Not Obtained AUG 2 31988 5. Such utility easement should be vacated because: replating of said property CITY OF E "Any relocation of existing telephone plant shall be at the developer's expense." Page 1 of 2 ORDINANCE NO. 980 PAGE 11 OF 13 W. G. Bohnenblust Mgr. -Engr. Design 0 JOi iJ040 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. Address: „, ?i „' --j- Address: Address: Address: Address: Address: ORDINANCE NO. 980 PAGE. 12 OF 13 Address: Address: Address: Address: 0931! 0041 (I A «F Iyr �..g,_• � � , sew W:' � { PR •Q �A •fin i1 a14 lyN i3aass ' °� 'I L e b Q _ m _ _ � YS lvvM vii FN 1laJ ` spa a ug sl$n•ag xg ug ati ug ag wgw sog`e S° 6 eol � i - f i � rsv F. 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