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HomeMy WebLinkAbout1950 03-27-2012 ORDINANCE NO. 1950 AN ORDINANCE VACATING AND ABANDONING A PORTION OF A 10 FOOT UTILITY EASEMENT AND A PORTION OF A 24 FOOT EMERGENCY ACCESS, FIRE LANE AND UTILITY EASEMENT LOCATED IN LOT 12, BLOCK 45, MIDWAY PARK ADDITION (TRINITY HIGH SCHOOL) IN THE CITY OF EULESS, TARRANT COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR PUBLICATION IN THE OFFICIAL NEWSPAPER; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Euless, Texas, after careful study and consideration has determined that a portion of the 10 foot utility easement and a portion of a 24 foot emergency access, fire lane and utility easement and hereinafter, specifically described, is not being used by, or useful, or 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 10 foot utility easement and 24 foot emergency access, fire lane and utility easement located in the Midway Park Addition (Trinity High School), in the City of Euless, Tarrant County, Texas, particularly described in Exhibits 1, 2, 3, and 4 and attached hereto and made a part hereof for all intents and purposes, is hereby vacated and abandoned. SECTION 2 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 3 SAVINGS CLAUSE. All rights and remedies of the City of Euless are expressly saved as to any and all violations of the provisions of the City Code or any other ordinances regulating substandard buildings that have accrued at the time of the effective date of this ordinance; and, as to such accrued violations and all pending litigation, both civil and criminal, whether pending in court or not, under such ordinances, same shall not be affected by this ordinance but may be prosecuted until final disposition by the courts. SECTION 4 PUBLICATION CLAUSE. The caption of this ordinance shall be published in a newspaper of general circulation in the City of Euless, in compliance with the provisions of Article II, Section 12, of the City Charter. SECTION 5 EFFECTIVE DATE. 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 GIVEN FIRST AND FINAL READING, and approved at a regular meeting of the Euless City Council on the 27th day of March 2012, by a vote of 7 ayes, o nays and o abstentions. APPROVED: ATTEST: Mary Lib hhaleh, Mayor im .utter, TRMC, City Secretary APPROVED AS TO FORM: Wayne K. Olson, City Attorney Ordinance No. 1950, Page 2 of 7 EXHIBIT NUMBER 1 LEGAL DESCRIPTION 10'Utility Easement Abandonment (Thrifty High School) Being all that certain lot,tract or parcel of land situated In the J.P.Halford Survey,Abstract Number 711, City of Euless,Tarrant County,Texas,being part of Lot 12,Block 45,Midway Park Addition,an addition to the City of Euless,Tarrant County,Texas,according to the plat thereof recorded in Cabinet A,Slide 7321 of the Plat Records of Tarrant County,Tans,and being more particularly described as follows: BEGINNING at a point in the centerline of a 10'utility easement shown on said Midway Park Addition, the southwest corner of said Lot 12,Block 45 bears,S 34'44'50'W,646.22 feet,S 89'42'42'W,667.42 feet; THENCE N 560218'W,5.00 feet; THENCE N 34'4410"E,10.10 feet THENCE N 01'31'00'W,27.25 feet THENCE N 33'55'47'E,157.56 feet; THENCE N 19'43'25'W,9191 feet; THENCE S 70'16'35'W,81.09 feet THENCE N 19'43'25'W,10.00 feet; THENCE N 70'16'35 E,81.09 feet THENCE N 19'43'25'W,61.38 feet; Thence Northeasterly along a curve to the right,having a radius of 54.00 feet,a central angle of 10'45'2T,whose chord bears N 79'14'42'E,10.12 feet,an arc length of 10.14 feet THENCE S 19'43'25'E,173.79 feel; TEHNCE S 3555'47'W,159A2 feet THENCE S01731'OO'E,27.33 feet; THNCE S 34'44'50'W,13.24 feet; THENCE N 56'02'18'W,5.00 feet,to the POINT OF BEGINNING and containing appnofdnately 0.103 acres of land. 0r �;b ..... v. 0%sre4f7 '�7 �•� PAL•'• Y' eV,:o 5C13 /Z49/Za/Z Ordinance No. 1950, Page 3 of 7 • N ISIArl'V 8235' IPL54.07' d=I0'152r el o. L=1011' LtyN 79TI11'E •i 7 C. taw S' ern N� I. •E gt.a. N IS*325'w taco' V s 1°1615. °1 Z •s EXISTING 10' UTILITY EASEMENT TO BE ABANDONED `g MIDWAY DRIVE (120'R.O.W.) • MIDWAY PARK ADDN. LOT 12, BLOCK 45 ��"1♦••'� CAB. A, SLIDE 7321 �♦4 TRINITY HIGH SCHOOL ' �?..� N 44.10'05" 1 14.02' h 'o F O .1‘7, ta ♦♦ a N°MVO'V 27.25' U. Is S Ol3I'00'f 27..x7' c N 344430'f to l0' w s 34400'W 13.21• " "°-" 5°° ;- EXHIBIT NUMBER 2 '50 N J4'44 'f 64422 P.O B. '>d Utility Easement Abandonment N 56V2'l8'0 5X' Lot 12. Block 46 Midway Park Addition N 8r42'4t 1 687.42' (Trinity Mph SchooO y °� o- in the h 'Southwest J.P. HALFORD SURVEY,ABSTRACT NO.711 itsr corner Lot 12 CITY OF EULESS TROJAN TRAIL(e0'R.O.W.) TARRANT COUNTY,TEXAS h1 1 1131utatla2 arattitumeeil r AMO NOTES l': CONSULTANTS,INCk . {aYp� U1ttO�el1<Y�Qtal 1. Bearings based on Texas Coordinate System. F. North Central Zone(4202), NAD'83. iII HMO 011.•i.+rsaIXM fg•Pm.w.n12•P1MAWIns M1 Oar DM.WY 114•Raanaa%Tx T®2••1112.831 0712•P h7 MOANS Fla Ns.ITN Pa DRAWN BY: JwA DATE: 12/14/11 SCALE 1' 40' JOB. NO.11080R a , Ordinance No. 1950, Page 4 of 7 EXHIBIT NUMBER 3 LEGAL DESCRIPTION 24'Emergency Access,Fire Lane and Utility Easement Abandonment (Trinity High School) Being all that certain lot,tract or parcel of land situated in the I.P.Halford Survey,Abstract Number 711, City of Euless,Tarrant County,Texas,being part of Lot 12,Block 45,Midway Park Addition,an addition to the City of Euless,Tarrant County,Texas,according to the plat thereof recorded In Cabinet A,Slide 7321 of the Plat Records of Tarrant County,Texas,and being more particularly described as follows: BEGINNING at a point In the centerline of a 24'Emergency Access,Fire Lane and Utility Easement shown on said Midway Park Addition,from which the northerly northeast corner of said Lot 12,Block 45,bears the following courses and distances: N 34'03'54"E,32.57 feet to a point of curvature of a curve to the left; Northwesterly with said curve,having a radius of 32.00 feet,a central angle of 90'00'00',whose chord bears N 10'56'06"W,45.25 feet,an arc length of 50.27 feet; N 55'56'06"W,138.67 feet,to a point on a curve to the left; Northwesterly with said curve,having a radius of 32.00 feet,a central angle of 43'24'02",whose chord bears N 34'37'23"W,23.66 feet,an arc length of 24.24 feet; N 56'19'39'W,32.04 feet to a point of curvature of a curve to the right Northwesterly with said curve,having a radius of 32.00 feet,a central angle of 37'07'1?,whose chord bears N 37'46'00"W,20.37 feet,an arc length of 20.73 feet; N 19'12'22"W,85.21 feet,to a point of curvature of a curve to the left; Northwesterly with said curve,having a radius of 32.00 feet,a central angle of 37'07'1?,whose chord bears N 37'46'01"W,20.37 feet,an arc length of 20.73 feet; N 56'19'39'E,137.23 feet to a point of curvature of a curve to the right; Northwesterly with said curve,having a radius of 32.00 feet,a central angle of 30'53'10',whose chord bears N 40'52'32"W,17.04 feet,an arc length of 17.25 feet; N 25•25'5?W,1551 feet to the south line of Midway Drive,(120'ROW); N 64'31'58'E,along the south line of Midway Drive,616.88 feet; THENCE S 55'56'06'E,12.00 feet; THENCE S 34'03'54'W,86.43 feet to a point of curvature of a curve to the left; THENCE Southeasterly with the arc said curve,having a radius of 20.00 feet,a central angle of 90'00'00',whose chord bears S 10'56'06'E,28.28 feet,an arc length of 31.42 feet; THENCE S 55'56'06'E,48.70 feet; THENCE S 34'03'54"W,24.00 feet; THENCE N 55'56'06'W,184.14 feet; • THENCE N 34'03'54"E,24.00 feet; THENCE S 55'56'06"E,71.44 feet to a point of curvature of a curve to the left; THENCE Northeasterly with the arc of said curve,having a radius of 20.00 feet,a central angle of 90'00'00',whose chord bears N 79'03'54"E,28.28 feet,an arc length of 31.42 feet; Ordinance No. 1950, Page 5 of 7 THENCE N 34'03'54"E,86.43 feet; THENCE S 55'56'06'E,12.00 feet to the POINT OF BEGINNING and containing approximately 0.164 acres of land. r:4,.......„.........„,,,,..., ,0.7;...,,,..... .. ........,:.„.,, , ,.11104.,:: . ".:::?.''''' . , Ordinance No. 1950, Page 6 of 7 Northerly Northeast es Corn Lot 12 6/ e'RF f‹.. ' i \ `1 - / \ t 4 `( -'C o.. \ 4^ , `c) d1- O /616 a c \ ,• t►t>Ali /' t \\EL / ....:34 \ / \ /MIDWAY PARK ADDN. �`3 5/8-RF _\• a LOT 12, BLOCK 45 R=77& _00' MLA 487 sworn" CAB. A SLIDE 7321 c...1.te: -Tows NN1123= Lt �'-......T.- TRINITY HIGH SHCOOL � � � �t.ir \ `r Lhe Table Line I Drachm Length Ll N25'25'57'V 1551' \\ L2 85619'39'V 13723' 1.3 N19'12'22'V 83.21' j, L4 836'19•39". 32.04' LS 855'56'06'V 138.67' L6 N34•03'54'E 32.57' EMERGENCY ACCESS FIRE LANE L7 534•03'54'E 12.00' SI' UTILITY EASEMENT 1164i,,, \ LS 534.03'54'V 86.43' Cob. A, Slide 7321 L9 53396'06'E 48.70' `j/ L10 S34'03'54N 24.00' /�j Lll N33'36'06'V 184.14' /// 115 P.O.B. LIC N34•o3'54'E 24.00' // 17 LIE S33'36'06'E 71.44' �/(/ L14 834'03'54'E 86.43' 9 L13 S55'56'06'E 12.00' X44 8.16 553'58'06'( 2506' L12 :,4 -J U7 1434'03'54'E 12740' r' Cur* Tolle 1' Curve I Radus Length Delta Lon%Chord C1 32.00' 17.25' 30'3370' N41E32'32'51 17.04' 8.2 32.00' 20.73• 37'07'17' 1,437.46111'V 20.37' C3 32.00' 20.73' 37'07.17' 1437'46'00'V 20.37' 24' EXISTING EMERGENCY ACCESS, FIRE LANE AND C4 32.00' 2424' 43'24'02' S34'37'23'C 2346' UTILITY EASEMENT TO BE ABANDONED CS 32.00' 5027' 90'00•00' N10'36'06v 45.25' 0.164 Ac. CC 2000' 31.42' 90'0700' S12'56'06'E 2028' C7 2400' 31.42' 90'00'00' 879•0234'E 2828' C8 3200' 5027' 9700'00' S1096.06'f 45.25' C9 3200' 2624' 46'59'16' 81•3416•E 2331' EXHIBIT NUMBER 4 24' Emergency Access, Fire Lane Utility Easement Abandonment Lot 12,Block 46 Midway Park Addition N (Trinity High School) et -5 JP. HALFORD SURVEY,ABSTRACT NO.rn ag CITY OF EULESS 0. It TARRANT COUNTY,TEXAS t 1Qaxu1INM8 ao m 1 iI CONSULTANTS,INC. gyp lilOtt✓oap utID/C�ArtQlmL71Ai j� 1. Bearings based on Texas Coordinate Syst6m, 1111 00.•Unimak TX 75001•P 172 4363712.P.$1.41.1111 gas North Central Zone(4202).NAD'83. 6110rrDow ns1U•Florlda.Tit T6161•P 661.6/1.1711•P$11.104041 Ave N6171 W DRAWN BY JWA DATE 12/15/11 SCALE 1--110' JOB. NO11080R Ordinance No. 1950, Page 7 of 7 MARY LOUISE GARCIA ,,.•••... COUNTY CLERK .� , .Y `' 100 West Weatherford Fort Worth, TX 76196-0401 "'' PHONE (817) 884-1195 CITY OF EULESS 201 N ECTOR DR - " r' 11 . EULESS, TX 76039 �� APR 232012 t Submitter: CITY OF EULESS DO NOT DESTROY WARNING - THIS IS PART OF THE OFFICIAL RECORD. Filed For Registration: 4/11/2012 3:28 PM Instrument#: D212087479 OPR 8 PGS $40.00 D212087479 ANY PROVISION WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNENFORCEABLE UNDER FEDERAL LAW. Prepared by: SLDAVES INVOICE Star-Telegram Customer ID: CITO9 808 Throckmorton St. Invoice Number: 320689491 FORT WORTH,TX 76102 (817)390-7761 Invoice Date: 3/31/2012 Federal Tax ID 26-2674582 Terms: Net due in 21 days Due Date: 3/31/2012 Bill To: PO Number: CITY OF EULESS ACCOUNTS PAYABL 201 N ECTOR DR Order Number: 32068949 EULESS, TX 76039-3543 Sales Rep: 073 Description: CITY OF EULESS 0 Attn: ACCOUNTS . PAYABLE Publication Dates: 3/30/2012 -3/31/2012 Description Location Col Depths Linage MU Rate `" Amount Legal Notices CITY OF Et _�a,, . ;