HomeMy WebLinkAbout0996 02-14-1989ORDINANCE NO. 996
AN ORDINANCE VACATING AND ABANDONING CERTAIN
PUBLIC UTILITY EASEMENTS IN THE JOHN GROVES
SURVEY, A -599, TR 3B, AND LOT C AS IT MAY EN-
CROACH, IN THE CITY OF EULESS; AND DECLARING AN
EFFECTIVE DATE.
The City Council of the City of Euless, Texas, after careful study and
consideration, has determined that the portions of the public utility
easements hereinafter specifically described, are 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 their vacation
and abandonment.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
EULESS, TEXAS, THAT:
SECTION 1
The portions of the public utility easements located in the John
Groves Survey, A -599, TM, and Lot C as it may encroach, in the City
of Euless, particularly described in Attachment "1," attached hereto
and made a part hereof for all intents and purposes, is hereby vacated
and abandoned as public utility easements.
SECTION 2
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 APPROVED on first reading on the 14th day of February,
1989, at a regular meeting of the City Council of the City of Euless,
Texas, by a vote of 3 ayes, 0 nays, and 1 abstention.
1 1 C n
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GIVEN SECOND AND FINAL READING at a regular meeting of the Euless City
Council on the 28th day of February, 1989; by a vote of 3 ayes,
0 nays, and 1 abstentions.
ORDINANCE NO. 996
PAGE 2 OF ,%S
APPROVED:
gw-404 0
Harold D. Samuels, Mayor
APPLICATION FOR THE VACATION OF UTILITY
EASEMENT IN THE CITY OF EULESS, TEXAS
EASEMENT LOCATION John Groves Survey, A -599, TR3B & TR3B1
South— Pipelin_A Read Fi'?egs Tr
No.
040
Date:
2 -7 -89
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 followings
(If none, so state).
NONE
A. Name
Address
Why Consent Not Obtained
B. Name
Address
Why Consent Not Obtained
5. Such utility easement should be vacated because:
Probable initial filing error and to allow for
of manufactoring facilitys on Lot C adjacent to
property.
expanision
subject
Page 1 of 2
ORDINANCE NO. 996 I �, '1 �^ ^ 7 !.
PAGE 3 OF 15 v u l: .i It
6. Such utility easement has been and is being used as follows:
NO USE SINCE INCEPTION
William 0. Hoover
Phala S. Hoover.
hn A. Hardisty, 9-L�v-a
& H Ribbon CompanA, Inc.
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 o ,o:^ knowledge and belief.
WNANCY S. BRIGHT
Seal No"Pubk. SW drw:
mw EMM SW, 19.199Z
Page 2 of 2
ORDINANCE NO. 996
PACE 4 OF 15
�a Public, arrant C nty, xas
( n n n ^ -
EASEMENT LOCATIONS pipeline Rd Eule_;s, Tx
EXHIBIT NUMBER 1
Being that portion of John (rnvp, Survp�L, A-999 TRIB and —M
in the City of Euless, Tarrant County, Texas, and being more particularly
described as follows: See Attachment Cpl
ORDINANCE NO. 996
PAGE 5 OF 15
EASEMENT LOCATION Pi ppl i ne Rd, Euless, Tx
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:
See attachments 2, 3, & 4
ORDINANCE NO. 996 .. - —
PAGE 6 OF 15
EASEMENT LOCATIONg pipalina Rd F.nlasc Tx
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.
NONE AFFECTED, SEWER ONLY, SEE ATTACHMENT # 1
LONE STAR GAS COMPANY SOUTHWESTERN BELL TELEPHONE COMPANY
By: By:
Title: Title:
TEXAS POWER & LIGHT COMPANY
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. 996 -
PAGE 7 OF 15 i
EASEMENT LOCATION S. Pipeline Rd, Euless, Tx
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.
NONE
Address:
Address:
Address:
Address:
Address:
ORDINANCE NO. 996
PAGE 8 OF 15
Address:
Address:
Address:
Address:
Address:
THE STATE OF TEXAS
COUNTY OF TARRANT
THAT WE, ':!ALTER I1. IELL SR.. AND ;VAYNE IIAMMIT, for and in
consideration of the sum of ONE DOLLAR (;1.00) cash to us in hand
paid by the ?Municipal Service Company of Texas, a corporation,
receipt of which is acknowledged, and the further consideration tf
the benefits to be derived by us on account of the construction,
reconsturction, and maintenance by the Nunicipal Service Company
of Texas, a corporation, in and through our certain premises
hereinafter described, do hereby give and grant to the said Munic-
ipal Service Company of Texas, a corporation, of Tarrant County,
Texas, the right to construct, reconstruct and perpetually maintain
a sewer line, together with all necessary laterals, in upon and
across the following described property:
Being a part of a tract of land out of the Sohn Groves Survey
and recorded in Vol. 3728 page 611 of the Tarrant County, Texas,
deed records, and being a 50' ft* construction easement and a
10 ft. permanent easement being 51 either side of and parallel .
to the center line of such permanent easement described as follows;
BEGINNING at a point in the So. line of said tract, said
point being 5 ft. East of an iron pin being the S.Y7. Cor of the
tract.
THENCE North 257.5 ft. to a point in the North line of the
tract, said point being 5 ft. East of the N. Vi. Corner.
TO HAVE AND TO HOLD the same perpetually to the I+iunicipal
Service Company of Texas, a corporation, and its successors, to.
gether with the right and privilege at any and all times to enter
said premises, or any part thereof, for the purpose of construction,
reconstruction, and maintaining said line, and for making connections
therewith: all upon the conditions that the Municipal Service
Company of Texas, a corporation, will at all times, after doing any
work in connection with the construction, reconstruction or
raoair of said line, or any lateral thereof, restore said premises
to the condition in -ihich same were found before such ':ork vias
undertaken, and that in the use of said rights and privileges here-
in granted the i ".unicipal Service Company of Texas, a corporation,
will not cause or create a nVisance or any act that will be
detrimental to said premises.
ORDINANCE NO. 996
PAGE 9 Of 15
WIT`TESS my band this 'OfG day of A)Wefleew� ,1962.
71ALTMI N. XC ,LL ;R.
JAY?
L N. WW IT
THE ST - =- OF TEXAS
COUNTY OF TARLANT
aEF0RF LIV, the undersignod, a Notary Public In and fors said
County and State, on this day peroorally appeared CIALTP.H 11 KELL SR.
AND ':4AYNE HAWIT knvan to me to be the persons v :nose names are
subscribed to tho -oreEoing /nstrLaiant and acknowlodgs to >o that
they executed the same for the purp .-aes and considerations th -rain
GIVSif D -NLI, L:Y ::Wfl. AND >1' ;iL :A' .: 'Ii:<:, this AGO day of
n r\IlklfyAeK/ , 1962.
,lotary Public, Tarrant County,Taxas
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ORDINANCE NO. 996 !
PAGE 10 OF LS -
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APR 23 9963
ORDINANCE NO. 996
PAGE 11 OF 15
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ORDINANCE NO. 996
PAGE 12 OF 15
ORIGINAL PROPERTY
'ALLED 0.47 ACRE TRACT
V I C I N I T Y M A P
EAST
16 . 01
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C E N T E R L I. N E
ORDINANCE NO. 996
PAGE 12 OF 15
ORIGINAL PROPERTY
'ALLED 0.47 ACRE TRACT
V I C I N I T Y M A P
EAST
16 . 01
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�— M U N I C I P A L S E R V I C E C O M P A N Y
V O L. 3 7 9 9 P G. 0 3 3 0 y
D. R. T. C. T i
10.01 _
WEST
SE OF Tf C
SOUTH PIPELINE ROAD �•••• •••••••••`•• <
LYNDON M. HODCIN
COUNTY ROAD NO. 3005 ......................... s
,o. 45858 4
(A 50' RIGHT— OF— WAY) �t�';
S H E E T 1 O
�DSOFTARRANT COUNTY, TEXAS TRINITY RIVER AUTHORITY
P E R M A N E N T S A N. S E W E R E A S E M E N T
GeOgramC0rporati0n JOHN GROVES SURVEY, ASST. NO. 59
I T Y O F E U L E
Land Surveyors S S, T A R R A N T C O., 7 E% A
APPV'0. L M H DATE:J A N..' 8 9 SC4 <F: 1 _ -10' 230 -6 6- 8 9 6- 1
EXHIBIT "A"
PERMANENT SANITARY SEWER EASEMENT
TRINITY RIVER AUTHORITY OF TEXAS
JOHN GROVES SURVEY, ABSTRACT NO. 599
CITY OF EULESS, TARRANT COUNTY, TEXAS
BEING a 0.059 acre tract of land situated in the John Groves Survey, Abstract
No. 599, City of Euless, Tarrant County, Texas and being a portion of a called
0.47 acre tract of land as described by deed recorded in Volume 8232, Page
2174, Dead Records of Tar�air` County, Texas cm; 'veiny a,, t..at ,:., La;n 10
foot sanitary sewer easement as described by deed recorded in Volume 3798,
Page 0330, Deed Records of Tarrant County, Texas, said 0.059 acre tract of
land being more particularly described as follows:
BEGINNING at the southwest corner of said 0.47 acre tract of land and being in
the centerline of South Pipeline Road, County Road No. 3005 (a 50 foot right -
of -way);
THENCE. along the west line of said 0.47 acre tract of land, NORTH, a distance
of 257.5 feet to the northwest corner of said 0.47 acre tract of land;
THENCE, along the north 11 ne of said 0.47 acre tract of land, EAST, a distance
of 10.0 feet to a point for corner;
THENCE, SOUTH, a distance of 257.5 feet to a point for corner in the south line
of said 0.47 acre tract of land and being in the centerline of said South
Pipeline Road;
THENCE, along said south line and said centerline, WEST, a distance of 10.0
feet to the POINT OF BEGINNING;
CONTAINING a computed area of 2,575 square feet or 0.059 acres of land.
TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY
CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS OF
AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE
AND CORRECT.
Geogram Corporation
(A-9 By, ynd n M. Ho gin YNOON HODGI Reg' tered Public Surveyor .. ••••••••••••• exas No. 4584 4584
Date of Survey: January, 1989 �sC SUR✓
IN N0. 996 _ -_
` PAGE 13 OF 13 OF IS than♦ � � � _ i .. � _ .. _
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as prezli.ousl filed in Volume 388 -
cv> °ra.ni Co•u:n.ty Records and Bc -in.ci earl of the
_ib.sirac.,t Vo.590, �C•ity of Vuless, Tarrant,
L r 7�
d rr i`r T lwi � LI T-D1.tvG
l.oratcd. •i.n lh.e di'!N GROFA"
i'ar-rant County, Texas.
ORDINANCE NO. 996
PAGE 14 OF 15
I
Y / { 1f� � �% l
�11 `7'r�IJ�'.1 Alc
j; L01� C.
as prezli.ousl filed in Volume 388 -
cv> °ra.ni Co•u:n.ty Records and Bc -in.ci earl of the
_ib.sirac.,t Vo.590, �C•ity of Vuless, Tarrant,
L r 7�
d rr i`r T lwi � LI T-D1.tvG
l.oratcd. •i.n lh.e di'!N GROFA"
i'ar-rant County, Texas.
ORDINANCE NO. 996
PAGE 14 OF 15
NAP
ORDINANCE NO. 996
PAGE 15 OF 15
1)191 CIC18 53 5
CITY OF EHLE5"�,
—101 N ECTOP DR
CITY SECRE-r.,llR1(
EULES•S, Ty
R N I N (-4-THT 1_: FART T-1F THE OFFICIAL F,EC'-'FE)--F, C, N 0 T D E S T R 0
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U 7 A N M E H E iV u E R - v N -- - 1-JUIld T y CLERK
ii F F I C I A L P E O E T r T
CITY FULES",
RECEIPT NO REGI'5TEP FF, INITEE, DATE TIME
Viil 0 7c4l 7 5 DF?-- 1-11 ' L(-,/col 10: G?
INSTRUMENT FEECD
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T Cl T A L DOCUMENTS 01
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AMOUNT PILEF, TIME
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F E E Ii . 00
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THE REAL PFOFEFTY -C,L,1F, 1-3F RACE
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I'-, T1'JllALTD l,I'J" HNFOPCE',PLIC 1-IMPFF FEDERAL LAW.