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OR 97-798 Abandons utility easement, Pecan Hollow AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 97798 10/07/97 696819 $15.00 Deed AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A UTILITY EASEMENT, LOCATED ON LOT 1, BLOCK C PECAN HOLLOW AS DESCRIBED IN EXHIBITS "A" AND "B" ATTACHED HERETO, IN FAVOR OF THE ABUTTING PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE PAYMENT BY THE ABUTTING PROPERTY OWNER OF THE FAIR MARKET VALUE OF THE PORTION OF THE UTILITY EASEMENT TO BE ABANDONED; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the utility easement located on Lot 1, Block C Pecan Hollow, an Addition to the City of Coppell, Texas and more particularly described in Exhibits "A" and "B" attached hereto, is no longer needed for City services; and WHEREAS, the abutting property owner desires that said utility easement be abandoned and in consideration thereof has agreed to pay to the City of Coppell, Texas, the fair market value of the property as established by an appraisal; and WHEREAS, a proper appraisal has been conducted establishing the fair market value of the easement to be abandoned to be none; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas has determined that the utility easement located on Lot 1, Block C Pecan Hollow, an Addition to the City of Coppell, Texas, and more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes, is no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the abutting property owner, in exchange for the payment of the fair market value of the easement to be abandoned. SECTION 2. That the fair market value of the said utility easement being abandoned has been determined by an appraisal to be none. SECTION 3. Since no payment to the City is required by the abutting property owner, this abandonment ordinance shall constitute a Quitclaim Deed in favor of the abutting property owner, and a certified copy of the same may be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. SECTION 4. That the abandonment provided for herein shall extend only to the public right, title and interest which the City of Coppell, Texas, may have in and to said utility easement, and shall be construed to extend only to such interests that the governing body of the City of Coppell, Texas , may legally and lawfully abandon. SECTION 5. That this ordinance shall become effective from and after its passage as the law and charter in such case provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of --~1 n C , 1997. APP~ED: ~ ATTEST: KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PET-ER ~. SMITH~ITY ATTORNEY EXHIBIT 'A' ABANDONMENT OF 10' UTILITY EASEMENT LOT 1, BLOCK C, PECAN HOLLOW Being a 10-foot Utility Easement located on Lot 1, Block C of PECAN HOLLOW, an Addition to the City of Coppell, Dallas County, Texas as recorded in Volume 90139, Page 2914 of the Plat Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at the Southwest corner of Lot 1, Block C, PECAN HOLLOW, said point being in the North right-of-way of Beechwood Lane, and common to the Southeast corner of Lot 7, Block C, PARKS OF COPPELL, SECTION ONE, as recorded in Volume 93093, Page 1531 of the Plat Records of Dallas County, Texas; THENCE northerly leaving said North right-of-way of Beechwood Lane along the common property line of said Lot 7, Block C, PARKS OF COPPELL and Lot 1, Block C, PECAN HOLLOW, North 01 °04'16" West, a distance of 5.00 feet to the POINT OF BEGINNING, a point common to the east property line of Lot 7, Block C, PARKS OF COPPELL, the west property line of Lot 1, Block C, PECAN HOLLOW, and a 5 foot utility easement parallel to the north right-of-way of Beechwood Lane; THENCE continuing northerly along the aforementioned common property line, leaving said 5 foot utility, North 01'04'16" West, a distance of 138.82 feet to a point for corner common to the Northwest corner of Lot 7, Block C, PARKS OF COPPELL, Lot 1, Block C, PECAN HOLLOW, and a common area & drainage easement; THENCE along the common line of Lot 1, Block C, PECAN HOLLOW and the common area & drainage easement, North 89003'35'' East, a distance of 10.00 feet to a point for corner common to the common area & drainage easement, Lot 1, Block C, and Lot 2, Block C, PECAN HOLLOW; THENCE southerly along the common property line of said Lot 1 and Lot 2, Block C, PECAN HOLLOW, South 01 °04'16" East, a distance of 134.62 feet for a point for corner in the aforementioned 5 foot utility easement parallel to the north right-of-way of Beechwood Lane; THENCE following said 5 foot utility easement along a curve to the left having a central angle of 2° 12'58", a radius of 280.00 feet, a chord bearing of South 66°21'51" East, a chord distance of 10.83 feet, and an arc length of 10.83 feet to the POINT OF BEGINNING and containing 1366.98 square feet or 0.03 acres of land. 025 7 EXHIBIT "B" N 89'0.3'35" 10.00' AREA TO BE ABANDONEB Q A = 2'12',58" R = 280.00' T = 5.42' H $ 66'21 W ~' CHD 10.8,3' ~'- P.O.B. <.)7 ! 95 025 I,~. 8 ~ OF COPPELL PARKWAY BLVD 9'~ (DC.,'[ -'~ PM !~-: 2g P 0 BOX 478