HomeMy WebLinkAbout2222 06-25-2019 ORDINANCE NO. 2222
AN ORDINANCE VACATING AND ABANDONING A PORTION OF
PUBLIC RIGHT-OF-WAY ON FULLER DRIVE EAST OF NORTH MAIN
STREET ENCAPSULATING APPROXIMATELY 0.397 ACRES, IN THE
CITY OF EULESS, TARRANT COUNTY, TEXAS; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Article 1, Section 4 of the City Charter, "Streets and Public Property"
establishes that the City of Euless shall have the power to establish, maintain, improve,
alter, abandon, or vacate public streets, sidewalks, alleys, highways, public squares and
public ways within the corporate limits of the City; and
WHEREAS, the Texas Department of Transportation (TxDOT) purchased right-of-
way from the Wendy's restaurant (Wendy's) at the northeast corner of State Highway 183
(Airport Freeway) and North Main Street (Euless Gardens Addition, Block 1, Lot 24R)
associated with the MidTown Express Project that resulted in the closure of the Wendy's;
and
WHEREAS, a portion of the Wendy's tract was declared surplus by TxDOT and
the City of Euless took formal action on August 14, 2018, to acquire the surplus tract; and
WHEREAS, the portion of Fuller Drive that abuts the north side of the former
Wendy's tract and extends east from North Main Street to Westwood Drive was closed
due to the MidTown Express Project; and
WHEREAS, by taking this action to abandon use of the area as street right-of-way,
the City of Euless has the authority to determine the area's future use; and
WHEREAS, the opportunity exists to combine this area with the former Wendy's
surplus property that the City of Euless owns and pursue the process to sell City owned
property based on the belief that the combined area is viable as a single developable
commercial tract; and
WHEREAS, City Council further finds that the following ordinance provisions
promote the health, safety, and general welfare of the citizens of Euless.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF EULESS, TEXAS, THAT:
SECTION 1.
The portion of Fuller Drive east of North Main Street encapsulating approximately
0.397 acres out of the Solomon Huitt Survey Abstract No. 705, in the City of Euless,
Tarrant County, Texas, being more particularly described in Exhibit A and Exhibit B,
attached hereto and incorporated herein for all intents and purposes, is hereby officially
vacated and abandoned as street right-of-way.
SECTION 2.
The City Council hereby finds that this ordinance is in the best interests of the City
of Euless, generally.
SECTION 3.
SEVERABILITY CLAUSE. It is hereby declared to be the intention of the City
Council of the City of Euless, Texas, that the sections, paragraphs, sentences, clauses,
and phrases of this ordinance are severable and if any phrase, clause, sentence,
paragraph, or section of this ordinance shall be declared unconstitutional by the valid
judgment or decree of any court of competent jurisdiction, such unconstitutionality shall
not affect any of the remaining phrases, clauses, sentences, paragraphs, or sections of
this ordinance, since the same would have been enacted by the City Council without the
incorporation in this ordinance of any such unconstitutional phrase.
SECTION 4.
EFFECTIVE DATE. This ordinance shall be in full force and effect from and after
its passage, as provided by the Euless City Charter and the laws of the State of Texas.
PRESENTED AND PASSED ON FIRST AND FINAL READING at a regular
meetin�of the Euless City Council on June 25, 2019, by a vote of 7 ayes, 0 nays,
and abstentions.
APPROVED: APPROVED AS TO FORM:
inda Martin, Mayor Wayne K. Olson, City Attorney
ATTEST:
r"
Ki Sutte , MC, City Secretary
Ordinance No. 2222, Page 2 of 6
EXHIBIT "A"
FULLER DRIVE RIGHT-OF-WAY PROPOSED FOR VACATION
METES & BOUNDS DESCRIPTION
BEING A 0.397 ACRE TRACT OF LAND LOCATED IN THE SOLOMON HUITT SURVEY,
ABSTRACT NO. 705, CITY OF EULESS, TARRANT COUNTY, TEXAS, BEING A PORTION OF
FULLER DRIVE, A 50-FOOT PUBLIC RIGHT-OF-WAY (NO DEDICATION INSTRUMENT
FOUND) LYING ADJACENT TO AND SOUTH OF LOT 1 R, BLOCK 2, EULESS GARDENS
ADDITION, AN ADDITION TO THE CITY OF EULESS, TARRANT COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN CABINET A, SLIDE 6717, PLAT RECORDS,
TARRANT COUNTY, TEXAS (PRTCT), AND BEING THAT PORTION OF FULLER DRIVE
LYING ADJACENT TO AND SOUTH OF LOTS 5 AND 6, BLOCK 5, WESTWOOD VILLAGE
SECTION TWO, AN ADDITION TO THE CITY OF EULESS, TARRANT COUNTY, TEXAS,
ACCORDING TO THE PLAT RECORDED IN VOLUME 388-25, PAGE 45, PRTCT, SAID 0.397
ACRE TRACT OF LAND BEING MORE PARTICULARLY DESCRIBED BY METES AND
BOUNDS AS FOLLOWS:
BEGINNING AT A TEXAS DEPARTMENT OF TRANSPORTATION (TXDOT) CONCRETE
MONUMENT FOUND AT THE INTERSECTION OF THE CURRENT EAST RIGHT-OF-WAY LINE
OF NORTH EULESS MAIN STREET,A VARIABLE WIDTH PUBLIC RIGHT-OF-WAY AND THE
NORTH RIGHT-OF-WAY LINE OF SAID FULLER DRIVE, SAID BEGINNING POINT BEING
NORTH 89 DEGREES 40 MINUTES 06 SECONDS EAST,A DISTANCE OF 3.3 FEET,FROM THE
ORIGINAL SOUTHWEST CORNER OF SAID LOT 1R,BLOCK 2,EULESS GARDENS ADDITION,
SAID BEGINNING POINT HAVING A NAD83 TEXAS COORDINATE SYSTEM POSITION(GRID)
OF N:6991291.9 E:2403843.3 (BEARINGS & COORDINATE VALUES SHOWN HEREON ARE IN
REFERENCE TO THE NAD83-TEXAS COORDINATE SYSTEM-NORTH CENTRAL ZONE,4202,
BASED ON GPS OBSERVATIONS UTILIZING THE LEICA GPS REFERENCE NETWORK. ALL
DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE USING A COMBINED SCALE
FACTOR OF 1.00014516929,BASE POINT OF 0,0,0);
THENCE ALONG SAID NORTH RIGHT-OF-WAY LINE,THE FOLLOWING CALLS:
NORTH 89 DEGREES 40 MINUTES 06 SECONDS EAST,A DISTANCE OF 217.06 FEET,TO
A 5/8 INCH CAPPED IRON ROD SET STAMPED"MYCOSKIE MCINNIS",BEING AT THE
BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 162.44 FEET;
ALONG SAID CURVE TO THE LEFT,THROUGH A CENTRAL ANGLE OF 35 DEGREES
10 MINUTES 44 SECONDS,AN ARC LENGTH OF 99.74 FEET,AND HAVING A LONG
CHORD WHICH BEARS NORTH 71 DEGREES 52 MINUTES 43 SECONDS EAST,AND A
CHORD LENGTH OF 98.18 FEET,TO A TXDOT MONUMENT FOUND;
NORTH 55 DEGREES 00 MINUTES 18 SECONDS EAST,A DISTANCE OF 4.86 FEET,TO A
1/2 INCH IRON ROD FOUND FOR THE SOUTHEAST CORNER OF LOT 6, BLOCK 5, OF
SAID WESTWOOD VILLAGE SECTION TWO;
NORTH 53 DEGREES 34 MINUTES 02 SECONDS EAST,A DISTANCE OF 18.54 FEET, TO
A TXDOT MONUMENT FOUND,FROM WHICH A 1/2 INCH IRON ROD FOUND FOR THE
EASTERNMOST CORNER OF SAID LOT 5, BLOCK 5, WESTWOOD VILLAGE SECTION
TWO BEARS NORTH 54 DEGREES 04 MINUTES 18 SECONDS EAST, A DISTANCE OF
91.45 FEET;
Ordinance No. 2222, Page 3 of 6 1 of 4
THENCE SOUTH 36 DEGREES 00 MINUTES 13 SECONDS EAST,DEPARTING NORTH RIGHT-
OF-WAY LINE,AND OVER AND ACROSS SAID FULLER DRIVE,A DISTANCE OF 49.33 FEET,
A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS", BEING THE
WESTERNMOST CORNER OF LOT 4,BLOCK 7,WESTWOOD VILLAGE,AN ADDITION TO THE
CITY OF EULESS, TARRANT COUNTY, TEXAS, ACCORDING TO THE PLAT RECORDED IN
VOLUME 388-22, PAGE 21, PRTCT, AND BEING ON THE SOUTH RIGHT-OF-WAY LINE OF
SAID FULLER DRIVE;
THENCE ALONG SAID SOUTH RIGHT-OF-WAY LINE,THE FOLLOWING CALLS:
SOUTH 52 DEGREES 49 MINUTES 35 SECONDS WEST, A DISTANCE OF 23.55 FEET, A
5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS", BEING AT THE
BEGINNING OF A CURVE TO THE RIGHT HAVING A RADIUS OF 212.44 FEET;
ALONG SAID CURVE TO THE RIGHT,THROUGH A CENTRAL ANGLE OF 35 DEGREES
28 MINUTES 31 SECONDS,AN ARC LENGTH OF 131.53 FEET,AND HAVING A LONG
CHORD WHICH BEARS SOUTH 71 DEGREES 54 MINUTES 24 SECONDS WEST,AND A
CHORD LENGTH OF 129.44 FEET,TO A 5/8 INCH CAPPED IRON ROD SET STAMPED
"MYCOSKIE MCINNIS";
SOUTH 89 DEGREES 40 MINUTES 44 SECONDS WEST,A DISTANCE OF 184.91 FEET,A
518 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE MCINNIS" ON THE TXDOT
ULTIMATE RIGHT-OF-WAY LINE;
THENCE NORTH 49 DEGREES 42 MINUTES 25 SECONDS WEST, DEPARTING SAID SOUTH
RIGHT-OF-WAY LINE, AND ALONG SAID TXDOT ULTIMATE RIGHT-OF-WAY LINE, A
DISTANCE OF 38.34 FEET, A 5/8 INCH CAPPED IRON ROD SET STAMPED "MYCOSKIE
MCINNIS";
THENCE NORTH 05 DEGREES 14 MINUTES 44 SECONDS WEST,CONTINUING ALONG SAID
TXDOT ULTIMATE RIGHT-OF-WAY LINE, A DISTANCE OF 25.09 FEET, TO THE POINT OF
BEGINNING, AND CONTAINING 0.397 ACRES (17,311 SQUARE FEET) OF LAND, MORE OR
LESS.
SEE ACCOMPANYING EXHIBIT"B" DATED JUNE 20,2017 (PAGES 3 & 4 OF 4)
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MERLE W. MIILER
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MERLE W. DATE: 06/20/2017 S u Rv�`
REGISTERED PROFESSIONAL
LAND SURVEYOR NO. 5438
STATE OF TEXAS
Ordinance No. 2222, Page 4 of 6 2 of 4
EXHIBIT "B"
APPLICATION TO VACATE/ABANDON A 50—FOOT PUBLIC RIGHT—OF—WAY
THE FOLLOWING IS A SURVEY PLAT OF A PUBLIC RIGHT-OF-WAY LOCATED IN THE
SOLOMON HUITT SURVEY, ABSTRACT NO. 705, BEING A PORTION OF FULLER DRIVE
A 50-FOOT PUBLIC RIGHT-OF-WAY IN
Pyl THE CITY OF EULESS, TARRANT COUNTY, TEXAS
Q a ITXDOT MON. \ ZR \ /
N 0741'08' W FOUND
�F N 0522 TXDO
'59' W BLOCK 2
\Pe 21.1 FOUND EULESS GARDENS ADDITION /
,PQ CAB. A, SLIDE 6717
L PRTCT 3/8'IRF BEARS
N 713829' E 1.19'
MONUMENT FOUND 1 R 9'
NAD83 (GRID) CIRS oo���� 39 .E 4
N.6991291.9 fly V Y
E.2403843.3 g —
5/8'IRF�\ ?D Gj O 1 WESTWWD WLLAGE
(DISTURBED)/ CIR� �O �4� 1� O• 1 N SECTION TWO
rj * VOL. 388-25, PG. 45
IN, �J� I iy PRTCT
c+A .S' ,-' 0� Q� 06 13
UL71MATE
,,FRONTAGE` RB LINE
Lfi n� ��j CIRS 11�2' FOUND
MON.
\J� F� �{�(� TXDOT MON. I IRF
\ S'3 ` C,FOUND L N 54'04'18'E
`\ TEXAS DEPT. OF 91- �� L2 91.45—TO 1/2'IRF
TRANSPORTATION — —
\CCj D216079177
\OPRTCT CIRS FULLER
r-nj DRIVE
UL IIMAIE TXDOT L'3 C2 (50'RIGHT-OF-WAY)
N 5433*28'E _
ROW LINE ` TXDOT MON. C9 CIRS L4 CIRS 91.73'
Cn N FOUND
° NAD83 (GRID) I C, o
?i6 N:6991262.9 1 .G�•P y rn I
E 2404148.0 "�`� 9 4
LEGEND & ABBREVIATIONS cS1?, �''\ . ,� I WESTIMOOD
POB POINT OF BEGINNING �� I Ny(P OFF�� a
WLLAGE
IRF IRON ROD FOUND \ '� ^'1 v �� `QPF n l VOL 388-2,
CIRS CAPPED IRON ROD SET
a TXDOT MON. TEXAS DEPT. OF TRANSPORTATION �f� STATE OF TEXAS I PG. 21
y PRTCT
MONUMENT \ \ VOL. 446Z PG. 790 N 4"0'43' W
E TEXAS
DRTCT DEED RECORDS, TARRANT 1
� .� � X. DRTCT 45.32'
COUNTY; '
PRTCT PLAT RECORDS, TARRANT �T
Q COUNTY, TEXAS 0 - _ _
OPRTCT OFFICIAL PUBLIC RECORDS,
TARRANT COUNTY, TEXAS ��� k , -
ESMT. EASEMENT
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1, MERLE W. MILLER, REGISTERED PROFESSIONAL LAND SURVEYOR, HEREBY
o STATE THAT THIS EXHIBIT WAS MADE FROM AN ACTUAL ON THE GROUND
o SURVEY BY ME OR UNDER MY DIRECT SUPERVISION.
o i
I ii
a ALL DISTANCES SHOWN HEREON WERE ADJUSTED TO SURFACE
N USING A COMBINED SCALE FACTOR OF 1.00014516929, BASE (�.••�F••.TF
N POINT 01010. `p,�G s T ERE••+ mycoskie mcinnis associates
t'7;• �� civil engineering surveying landscape architecture planning
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MERLE W. MILLER tbpls registration/license number. 10088000
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N MERLE W. MILLE AIE 2017 tiD SUR`l� fox: 817-274-8757
REGISTERED PROFS AL, LAND SURVEYOR NO. 5438 STATE OF TEXAS .r r.m m a t e z e a.¢o m
DATE 6120117 SCALE: 1" = 60' DRAWN BY: -WS CHECKED BY: MW1N JOB. NO.:2849-00-02 PAGE 3 OF 4
Ordinance No. 2222, Page 5 of 6
EXHIBIT "B"
APPLICATION TO VACATE/ABANDON A 50-FOOT PUBLIC RIGHT-OF-WAY
THE FOLLOWING IS A SURVEY PLAT OF A PUBLIC RIGHT-OF-WAY LOCATED IN THE
SOLOMON HUITT SURVEY, ABSTRACT NO. 705, BEING A PORTION OF FULLER DRIVE
A 50-FOOT PUBLIC RIGHT-OF-WAY IN
THE CITY OF EULESS, TARRANT COUNTY, TEXAS
CURVE TABLE
CURVE RADIUS ARC LENGTH DELTA CHORD BEARING CHORD LENGTH
C1 162.44' 99.74' 35' 10' 44" N71' 52' 43"E 98.18'
C2 212.44' 131.53' 35' 28' 31" S71' 54' 24"W 129.44'
C3 212.44' 91.19, 24' 35' 40" S77' 20' 49"W 90.49'
C4 57.00' 15.98' 16' 03' 38" S82' 40' 17"E 15.93'
C5 1254.01' 165.65' 7' 34' 07" S86' 55' 02"E 165.53'
C6 268.00' 69.08' 14' 46' 04" S75' 44' 56"E 68.89'
C7 232.00' 39.73' 9' 48' 39" S73' 16' 14"E 39.68'
C8 1243.01' 79.34' 3' 39' 26" S76' 20' 50"E 79.33'
C9 212.44' 40.34' 10' 52' 51" S59' 36' 34"W 40.28'
LINE TABLE
LINE NO. BEARING LENGTH
L1 N 55'00'18" E 4.86'
L2 N 5334'02" E 18.54'
L3 S 36'00'13" E 49.33'
3
m
L4 S 5249'35" W 23.55'
E
L5 N 49'4225" W 38.34'
0
3 L6 N 05'14'44" W 25.09'
0
L7 S 49 4225" E 52.72'
0
L8 S 74 31'07" E 26.83'
8 L 9 N 39 53'09" E 28.07' m1 CnI a
I 1 " 11 '
N
N mycoskie mcinnis associates
civil engineering surveying landscape architecture planning
tbpe registration number:f - 2759
thpla registration/Roense number. 10088000
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0 200 east a b r a m
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0 o r I i n g t o n, t e x a a 7 6 0 1 0
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00 8 1 7-4 6 9 - 1 6 7 1
N Ordinance No. 222Z Page 6 of 6 fox: 8 1 7-2 7 4-8 7 5 7
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■w r.m m a t e x a a.e o m
DATE: B/ 117 SCALE: 1' = 60' DRAWN BY: -"S CHECKED BY: M4M JOB. NO.:2849-00-02 PAGE 4 OF 4