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HomeMy WebLinkAbout2233 09-24-2019 ORDINANCE NO. 2233 AN ORDINANCE VACATING AND ABANDONING A PORTION OF PUBLIC RIGHT OF WAY ON VILLA DRIVE FROM A POINT APPROXIMATELY 372 FEET TO THE EAST OF SOUTH INDUSTRIAL BOULEVARD ENCAPSULATING APPROXIMATELY .0933 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 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 City Council approved the Mid-Town Planned Development Zoning District through Ordinance No. 2072, on June 23, 2015; and WHEREAS, Centurion American Development Group, Master Developer of the Mid-Town Planned Development, has requested that the City of Euless abandon a portion of Villa Drive from a point approximately 372 feet to the east of South Industrial Boulevard encapsulating approximately .0933 acres in order to facilitate development and construction of the Mid-Town project; and WHEREAS, Centurion American Development Group owns property on the south side abutting this portion of Villa Drive; and WHEREAS, the City Council hereby finds that it would be in the best interests of the city, generally, to abandon this portion of the Villa Drive right of way; and WHEREAS, the 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 rULESS, TEXAS, THAT: SECTION 1. The portion of Villa Drive from a point approximately 372 feet to the east of S. Industrial Boulevard encapsulating approximately .0933 acres out of the A.J. Huitt Survey Abstract No. 684, 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 interest 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 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 meeting of the Euless City Council on September 24, 2019, by a vote of 7 ayes, 0 nays, and 0 abstentions. APPROVED: LindaWM rtin, Mayor ATTEST: i Sutter,fiRMC, CMC, City Secretary APPROVED AS TO FORM: Wayne K. Olson, City Attorney Ordinance No. 2233, Page 2 of 4 A B