HomeMy WebLinkAboutORD 1989-048 „� � CITY 4F GRAPEVINE, TEXAS
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'� ORDINANCE NO $9��8
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AN ORDINANCE OF THE CITY OF GRAPEVINE, TEXAS
ABANDONTNG AND VACATING CERTAIN SANITARY
SEWER AND WATER LINE EASEMENTS LOCATED IN THE
THOMAS MAHAN StJRVEY, ABSTRACT NO. 1454 AND
THE B. B. JOHNSON �URVEY ABSTRA,CT N0. 8fi9
CITY OF GRAPEVINE, TARRANT COUNTY, TEXAS, AS
HEREINAFTER DESCRI$ED; PROVIDING A
° SEVERABILITY CLAUSE; DECLARING AN EMERGENCY
AND PROVIDING AN EFFECTIVE DATE.
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WHEREAa�, John W. Vilbig, IZI, owner of a tract of land
(the ""Property” ) located in the Thomas Mahan Survey, Abstract
No. 1050 and the B.B. Johnson Survey, Abstract Na. 869, in the
Gity of Grapevine, Tarrant Gounty, Texas, as more particularly
described in Exhibit "A" , and commonly known as the Five V
Mobi3.e Home Park, has requested that certain sani�ary sewer and
water line easements, as hereinafter described, be abandoned
and vacated; and
WHEREAS, the sanitary sewer and water line easem�nts, as
hereinafter described, are not needed far public use and will
not be needed in the future for public use; and
WxEREAS, abandoning and vacating the sanitary sewer and
water line easements will relieve the City of Grapevine, Texas
from the cast and expense af maintaining said groperty and
facilities .
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF GRA.PEVINE, TEXAS:
Section l. That alI Gity of Grapevine sanitary sewer
and water line easements, whether express ar implied, lacated
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within the boundary lines of the property, except thase
expressly reserved bg this ordinance, are hereby abandoned and
vacated for public use and the �ame are hereby abandaned and
vacated inso�ar as all public right, title, duty and intere�t
in and to said sanitary sewer and water line easements are
concerned. The City shall have na further responsibility for
maintaining said easements ar any facilities located within
said easements.
Section 2 . That the Gity of Grapevine sanitary sewer
line easement as recorded on January 16, 1981, in Volume 7059,
Page 996 0£ the Tarrant County Deed Records, and as shown in
Exhibit "B" , a�tached hereto and made a part hereof, is hereby
abandoned and vacated for public use and the same is hereby
abandaned and vacated insofar as aIl public right, title, du�y
and interest in and ta said described por�ion af said sanitary
sewer 3ine easement i� concerned. The City shal.l have no
further responsibility for maintaining said easement or any
_ facilities located within said easement.
Section 3 . That the City af Grapevine sanitary sewer
line easement as recorded an July 27, I97�, in Volume 6284,
�"' '° Page 554, of the Tarrant County Deed Records, and as shawn in
Exhibit '"C" attached hereto and made a part hereof, is hereby
abandoned and vacated insofar as all public ric}ht, title, duty
�.,, and interest in and to said described por�ion of said sanitary
sewer line easement is concerned. The City shall have no
further responsibility for maintaining �aid easement or any
facilities Iacated within said easement.
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Section 4 . John W. Vilbig, III has agreed to grant a
Sanitary Sewer Easement to the City as shown in Exhibit "D"
attached hereto and made a part hereof, which Sanitary Sewer
Easement is acceptable to the City and is hereby approved.
Section 5. The City of Grapevine hereby reserves all
public right, title, duty and interest in and to all street
dedications over, across, and upon the Property and expressly
confirms that said rights-of-way are not abandoned nor vacated.
Section 6 . That Lone Star Gas Company, GTE Southwest
�°°� Incorporated, Paragon Cable, and TU Electric have all given
their approval of the abandonment and vacation of the easements
herein described as indicated in their respective letters
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attached hereto as Exhibits "E-1" , "E-2, "E-3" and "E-4" ,
respectively. .
Section 7 . If any section, article, paragraph,
sentence, clause, phrase or word in this ordinance, or
application thereto any person or circumstances is held invalid
or unconstitutional by a Court of competent jurisdiction, such
holding shall not affect the validity of the remaining portions
of this ordinance; and the City Council hereby declares it
would have passed such remaining portions of the ordinance
despite such invalidity, which remaining portions shall remain
in full force and effect.
Section 8 . The fact that said sanitary sewer and water
line easements are no longer needed by the public for public
usage and would create a hardship or burden upon the City of
Grapevine to keep open and maintain such easements creates an
urgency and an emergency for the immediate preservation of the
public health, safety, and general welfare, which requires that
this ordinance shall take effect immediately from and after
execution and delivery by John W. Vilbig, III to the City of
the Sanitary Sewer Easement described in paragraph 4 hereof,
and it is accordingly so ordained.
,� PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
GRAPEVINE, TEXAS on this the llth day of July, 1989 .
APPROVED:
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Mayor
William D. Tate
ATTEST:
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Cit Secretary
Linda Huff
APPROVED AS TO FORM:
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-C��Z.c P-�L %�_ 1�1 !.
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City Attorney
Adrienne C. Leonard
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EXHIBIT "A", PAGE 1 OF 2
' TO ORDINANCE NQ. $9-�8
Seing the remainder tract of a certafn 1?. 113 acre parcel a� land
as deeded to John W. Vilbig, III , by Laura E. Vilbig, as recorded
in the Tarrant County Deed Recards Vol . 5219, Pg. 2?6. Sai�
garcel of land situated in the T. MAHAN SURVEY, ABSTRACT N0.
��" 2C?5Q, and the B. B. JOHNSON SURVEY, ABSTRACT N0. 869, and b�ing
less the parcel deeded to the City of Grapevir�e, and dedicated
for street right-of-way, (Shady Brook Lane, a 6Q ft. right-of-
� � way) by Laura E. Viibig, as recarded in T.C.D.R. Val. 4972 , Pg.
1?9; being less the parcel deeded ta the City of �rapevine, a 25
f t . dedication for street right-of-way, (Scribner Street, a 50
f t. right-of-way) by Laura E. Vilbig, as recarded in T.C.D,R.
Val . 5585, Pg. 386; being less the parcel deeded to the City of
Grapevine by John W. Vilbig, IIT, as recorded in T.C.D.R. Vol .
5850, Pg. 218; and being less the parcel deeded to the City of
Grapevine, and dedicated for street rfght-of-way (Peach Str�et, a
50 ft . right-of-way) by John W. Vi2big, III, as recoraed in
T.C.D.R. Vol . 6935, Pg. ??i . Said tract also being a part of
that tract descr�bed �n Quitcla�m �eed to Mrs. Laura E. Vi3big,
as recorded in T,C .D . R. Vol . 315Q , Fg . 324 , and being more
particular2y described as follows:
SEGINNING at a� point in the South right-of-way line of said Shady
. BTOOk Lane. Said point also being in the West right-of-way line
of said Scribner St . ;
THENCE S 00° 35 ' 00" E, a distance of ?30.90 ft. along said West
ri+ght-of-way line, ta a poin� for ccrner,
. TIiENCE, WEST a distance of 1 . 70 ft. , departing said West right-
of-way line, to a point for corner, said point alsa being in the
Narth right-of-way line caf said Peach St. ;
THENCE N 89° 54 ' 00" W, a distance of 600.0{? ft. alang the Narth
right-of-way l�ne of said Peach St. , to a paint far corner;
TFIENCE, S 1?° 58 ' 21" E, a distance of 52.62 f�. , departing said
Narth right-of-way line, to a point for corner, said point alsa
being in the Sauth right-of-way line of said Feach St . ;
THENCE , 8 89° 54 ' QO" W, a distance of 584. 10 ft. along said
South right-of-way Iin� of said Peach St. , tc a goint for corner,
THENCE, S 00° 23 ' 40" E, a distance of iQ1 . 20 ft. , departing said
South right-of-way line, to a paint far corner;
THEyCE, S 89' S0 ' 30" W, a distance of 282 . 30 ft . , to a point �or
carr�er;
"THENCE, N 00° 07 ' 00" E, di�tance af 18 . ?0 ft. to a pojnt iar
carner;
THENCE, N 8J° 39 ' 30" W, � �istance of 302.30 ft . tc� a goir.': �o�
F., ,. co�r.e:;
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EXHIBI'I' "A" , PAGE 2 OF 2
' TQ ORDINANCE NtJ. $9-�8
THENCE, N {}0° t�8 ' 00" W, a distance af 65.60 ft . to a paint for
carner;
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THENCE, N 89° 39 ' 00" W, a distance af 257. 10 ft. to a point fo�^
corner;
THENCE , N 14° 45 ' 00" E, a distance of 288.20 ft. to a point
al.ong the meanders of a tributary of the Morehead branch;
THENGE , N 65° 12 ' 4�" E, a distance of 222.00 ft. continuing
along said meanders, to s point far corner;
THENCE , N 30° 51 ' 45" E, a distance of 185.00 ft. continuing
along said meander�s, to a point for corner;
THENCE , N 12° 54 ' 45" E, a distance of 189.30 ft. continuing
along said m�anders, to a point far corner;
THENCE, N 09° 22 ' 30" W, a distance of �2.50 ft, con�inu3.ng
alcng said meand�rs, to a paint for carner;
THENCE, N 32° 23 ' 00" W, a distance of 35.53 ft. continuing along
said meanders, to a point for corn�r. Said point also b�ing in
the South right-of-way line of said Shady Brook Lane;
THENCE, N 89° 32 ' 30" E, a distance of 54?.85 ft. , departing said
meanders and hefng alang the South right-af-way lfne of said
�" ' Shady Brook Lane to the PLACE OF BEGZNNING, and containing
12. 2678 acres, mor� or le�s,
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TO ORDINANCE NO. 89-48 -
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JAN•l i-�,]. = o s 4 4 a A — 1�0 7.�n
^ THE STATE OF TEXAS �
/' �� KNOMI ALL MEN BY THESE PRESENTS:
COUNi'Y OF TARRAN7 �
TNAT WE, 3t)FtN W. YILBIG, III
. , ar an n`consEderat on a t e sum a one
o ar .00 cas to us n and pafd by the City of Grapevine, Texas, a
municipal corporatian of the County of Tarrant, State of Texas, the receipt
of which is hereby acknowledged, and other gaod and valuable cons�deration w
including the benefits that will eccrue to our property, do hereby GIVE,
�' GRANT and EXTEND to the said City af Grapevine, 7exas, its successors and
assigns, the right to construct, recanstruct and perpetually maintain a
sewer line and appurtena�ces in, a�on and across tand descr�bed as follc�ws:
�, ,, .
1 Being a tract of land out of the ThomaS M�h�n SUt"YE�'� A=1�, and the
F6,' B. JohnSon Survey, A-865;' Tarrant County, Texas, conveyed to John 4J,
Vilbig, III , by Oeed or Record as shown .in Volume 5219, page 27.6, Deed
Recards af Tarrant County, State of Texas.
Said easements across this property comprising two parts, as herein .
designated and described, including (l} a permanent easement 15 feet
in width for construction, reconstruction and perpetually maintaining a
� sewer line with appurtenances and (2� an add�tional area adjacent ta the
+ permanent easement to be used for initial constructian.
PART 1 . PER��IANENT EASEf4ENT
BEGINNING at a point that bears N 89°32' E a distance of 77.0 feet fram
the most westerly southwest corner of said tract;
THENCE N 35°]6' E a distance of 333.5 feet to a point;
�HENCE N 56°16' E a distance of 231.0 feet to a point; _
� ,THENCE N 15°16' E a distance of 332.0 feet more or less to a point an
south line of city street; f
�. : Said perr;�anent easement being $96.5 feet, more or less, in iength,
measured along above described centerline, and 15.4 feet in width.
PART 2. CON5TRUCTION EAS�MEN7
In addition to the permanent easement for construction, operatian,
maintenance, repairs, replecement, etc. , an easement for the initial ,
constructian only is hereby granted. The initial canstructian easement
being 35.0 feet in width, adjacent and parallel to, and an easterly side
of, the permanent easement,
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�EXHIBIT "B" , PAGE 2 OF 2 �E
TO ORDINANCE NO. 89-4$
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EXHTBTT "C" , PAGE l. OF 2
y��' ; � TO C?RDINANCE NO. 89-�$
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TNE STATE OF TEXAS ¢
KNOW ALL MEN BY THESE PRESEP�TS:
COUNTY OF TARRANT � �
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T�{qT �,��, JOHN w. VILBIG, iii '
, for and in consideration of the su:�i af one
�10�lar 1 .00 cash to us in hand paid 'by the City of Grapevine, Texas , a
�.. .� municipal corporation of the County of Tarrant, State of Texa5, the receipt
of which is hereby acknowledged, and other goad and valuable consideratian
inciuding the benefits that will accrue to aur property, do hereby GIVE ,
6RANT and EXTEND to the said City of Grapevine, Texas, its successors and
� assigns, the right to construct, reconstruct and perpetuaily maintain a
sewer line and appurtenances in, upon and across iand described as fallows:
Being a tract or parcel af land situated in the Thomas Mahan Survey�' Abstract*-
_No�-�1050`a�nd the B. B. Johnson SurV�y, Abstract No. ��9� near the City of
Grapevine, Texas, conveyed to Jahn W. Yilbig, III , by certain Deeds of Record
as shown in Yotume 5219, Page 2J6, Deed Recards af 7arrant Caunty, Texas.
Said easements across -this property comprising two parts, as herein designated
and described, in�luding (la a permanent easement 20 feet in width for
construction, reconstruction and perpetually maintaining a sewer line with
appurtenances and (2) an additional area adjacent to the pe�manent easement
to be used for initial construction.
PART 1 . PERMANENT EASEMENT � �
BEGINNING at a point in South boundary line of said John 4!. Yilbig, III , tract
that bears S 89°50' W 282.3 feet, N OQ°4?' E 18.7 feet and N 89°39' W 382.8 feet
fram Southeast corner af said Vilbig tract; said point of beginning being 19.5
feet, more or less , Easterly fram a corner of .said Vilbig tract and 19.5 feet,
' more or le5s , Easterly from the Northwest corner of the Mary F. ta Breck Tract;
"EIiENCE N 07°33' W a distance of 85 feet, mare ar less, to a Narth line of said
�filbig tract and South line of Peach Street, t� end of permanent easement.
Said length of easement being 85 feet, more or less, measured along the center-
line of said easement and 20 feet in width.
PART 2. CONSTRUCTION EASEMENT ,
In additian ta ttre permanent easement as destribed above, and additional canstruct-.
ion ease�►ent 50 feet in width, is ta be furnished. 7his easement will' be paraliel
to and 1ie on the Easterly side of the permanent easement, to be used for initial
tonstruction only.
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E HIBIT "C" PAGE 2 OF 2
TO ORDINANCE l�I{J. 89-�8
iM1/ES7" PE�f�'�! STREfT . �
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� GRAPEVIN�, TEXAS
S�WER LttJE EASEMEUT
. JONU W, V 1�aiG,Iff
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EXHIBIT "D" , PAGE 1 OF 3
TO ORDINANCE N0. 89-48
SANITARY SEWER EASEMENT
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF TARRANT §
THAT JOHN W. VILBIG, III hereinafter referred to as
Grantor, for and in consideration of the sum of One Dollar
($1. 00) cash to Grantor in hand paid by the City of Grapevine,
Texas, the receipt of which is hereby acknowledged, and the
further consideration of the benefits to be derived by Grantor
from the placing of a sanitary sewer main with appurtenances,
µ through the premises hereinafter described, has this day
granted and conveyed, and by these presents does hereby Grant
and Convey unto the City of Grapevine, Texas, a municipal
corporation situated in Tarrant County, Texas, a permanent
easement to construct, reconstruct and perpetually maintain a
' sanitary sewer main with appurtenances in, upon and across the
following described land, to-wit:
All that certain tract, piece or parcel of
land, lying and being situated in the County
of Tarrant, State of Texas, described in
Exhibit "A" attached hereto and made a part
hereof for all purposes, to which reference
is here made for a more particular
description of said property.
TO HAVE AND TO HOLD the same perpetually to the City of
Grapevine, Texas, its successors and assigns, together with the
right and privilege at any and all times to enter said
premises, or any part thereof, for the purpose of constructing
and maintaining said sanitary sewer mains and other utilities,
and for making connections therewith; all upon the condition
that the City of Grapevine, Texas will at all times after doing
any work in connection with the construction or repair of said
utility restore the surface of said premises to the condition
in which the same was found before such work was undertaken.
EXECUTED this day of A.D. , 1989 .
JOHN W. VILBIG, III
STATE OF TEXAS §
§
COUNTY OF TARRANT §
This instrument was acknowledged before me on the
day of , 19_ by John W. Vilbig, III .
Notary Public, State of Texas
Printed Name of Notary Public
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, Notary' s Commission Expires
After Recording Return To:
Adrienne C. Leonard
Hutchison Boyle Brooks & Fisher
3900 First City Center
Dallas, Texas 75201
0264L/5
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. EXHIBIT "D" , PAGE 2 OF 3
. TO ORDINANCE NO. 89—�8
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EXHIBIT A
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20 FOOT UTILITY EASEMENT
B�ING a tract of land out of the Thosas Mahan Survey Abstract
1050, Tarrant County, Texas and being out of that tract of
land conveyed to John W. Vilbig III, by Deed of Record as
shown in Volu�e 5219, Page 276. Deed Records ?arrant County,
Texas and being sore particularly described as follows:
BEGINNING at a point in the South Right-of-Way line of West
Peach Street being N 89�54'00" W, a distance of 561.11 feet
froo the intersection of the South Right-of-Way line of West
Peach Street as recorded in Volu�e 6935, Page 771. and the
West Right-of-Way line of Scribner Street. De�ed Recorda
Tarrant County, Texas;
THfiNCE S 07�21 '06" E, a distance of 83.34 feet to a point in
the South property line of the aforeaentioned Vilbig tract of
land for a corner;
THENCE N 89°'39'30" W, Kith the South property line of said
Vilbig tract a distance of 20. 18 feet for a corner;
THENCE N 07�21 '06" W, a distance of 83.25 feet to a point in
' the South Right-of-Way line of West Peach Street for a
°° corner;
THENCE S 69�54'00" E, With the South Right-of-Way line of
West Peach Street a distance of 20. 17 feet to the Point of
8eginning and Containing 1665.9 square feet of land sore or
less.
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EXHIBIT "D" , PAGE 3 (;F 3
' TO ORDINANCE NO. 89-48
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S 89'S4'OG�� E DEDICATED BY
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EXiST. MJ-I. W. PEACH ST.
POINT OF BEGINNING SS N e9•sa'oo' W — 56iJr _�__
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EXHIBIT "B"
PROPOSED 20' UTILITY EASEMENT
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� EXHIBIT "E" , PAGE 1 OF 4
TO QRDINANCE NQ. $9-48
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�" Lo�ne Star Gas GQmparny
({t�� ti".,��Piti t��Vl�ic)t1 t?f t�tS{RIR4.t11Uti —
ip0 W.A1ot�+ngsidt dr. * hA Werth,Ttsai�dl i0
March 3, 1989
� The Gity af Grapevine
P.O. Bax 729
Grapevirie, Texas 76051
� Attn: Matt Singleton
Ref: Five V Mabile Hame Park
Southwest Intersection of
Scribner and Shadybrook
� _
ERD 71-2685 and ERD 71-3090
City af Grapevine, Tarrant County, Texas
�...,�
Mr. Singletan,
Please be advised that Lone Star Gas Company wi21 not be affected
by the abandonment of the easement pretecting the water and sewer lines
within the referenced property.
If I may be of further assistance, pl.ease call me at ($17) 42�-69I5.
Sincerely,
�_._ �_.... _
. . __ �-�.`�-s�=-..=�.�t_,�-i`'�_
T.R. GALLOWAY LLy --"—...__._ -
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- EXHIBIT "E" , PAGE 2 OF 4
- TO ORDINANCE NO. 89-48
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��'��;�'"� ' Post Office Box 128
Lewisville, Texas 75029
March 6, 1989
Mr. Matt Singleton
Manager of Operations
City of Grapevine
Post Office Box 729
Grapevine, Texas 76051
Dear Mr. Singleton:
GTE Southwest Incorpor.ated offers no objection to the abandonment of any and/
� or all city water and/or sewer easements within the Five V Mobile Home Park
property in the City of Grapevine.
��� Any questions may be directed to me at 214-318-0027.
Sincerely,
.� �- -�,<._ '
Roy N. Johnson
Project Coordinator
RNJ:drr
cc: David Allen - Irving
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EXHIBIT E-2
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EXHIBIT "E" , PAGE 3 OF 4
, TO ORDINANCE NO. 89-48
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P A R A G O N
�' C n B l E
February 22 , 1989
City of Grapevine
Attn : Matt Singleton
Manager of Operations
� P .O . Box 729
Grapevine Texas 76051
� RE : FIVE V MOBILE HOME PARK
Dear Mr . Singleton ,
� With regards to the above referenced request for abandonment ,
Paragon Cable of Grapevine has no objections at present to
,�.. .
abandonment .
Thank you for the opportunity to respond .
Sincerely ,
Bob Macioch
Plant Manager
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209 South Rogers, Irving, Texas 75060 214/259-1525
Owned by Americon Tei9vision dc Commv�icotions Corp ond Houston kKlustries Inc
• EXHIBIT E-3
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' EXHIBIT "E" , PAGE 4 CaF 4
' TO ORDINANCE N0. 89-48 .
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NELECTRIC
February ?7, 1'a�,'a
Matt. Singlet.�n
C:i.t.y of Gr��pevi r�e
P_O_ Rox 7] .'-�
Grap�vin�, TX 7r�0�1
Ue�r Sir :
In re�por�se t.o yv�ar let.t.er dat.ed Febr�aary 17, TU Electric, has no
� ` obJection t.a tF��e abar�donment. of the dedicated util.ity easements
as sf�own on t.F�e plat vf the Five V Mot►ile Home Fa►-t:_
�°- � Should you requ�.re anyt.f�ing f��rther from TU Electric in thi,
mat.t.er , plea�e call me at. (B17) 355-7077_
Si.ncerPly ,
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I•1:,rgaret W��l�ry
C��st�mer Servic�es Repr-��ent.ative
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