OR 97-796 Abandons utility easement in Village of Cottonwood Creek1S
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
1 1310`9
ORDINANCE NO. T 7 2 96
06/11197 542961 i15.00
Deed
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A UTILITY EASEMENT, LOCATED ON LOT 6,
BLOCK 8 VILLAGE OF COTTONWOOD CREEK SECTION I 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 6, Block 8 Village of Cottonwood Creek Section I, 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 $11.43;
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 6, Block 8 Village of Cottonwood
Creek Section I, 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 determine by an appraisal to be $11.43.
971 13 +1!103 A
SECTION 3. That upon payment of $11.43 to the City 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
<; ?A day of 1 1997.
APPROVED:
M MORTON, MAYOR
ATTEST:
A{� HT ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH, CITY EY
911 13 '.<< 0'32
EXHIBIT 'A'
ABANDONMENT OF A 7.5' UTILITY EASEMENT
LOT 6, BLOCK 8, VILLAGE AT COTTONWOOD CREEK, SECTION I
Being a 7.5' utility easement located on Lot 6, Block 8 of VILLAGE AT COTTONWOOD
CREEK, SECTION I, an Addition to the City of Coppell, Dallas County, Texas as recorded in
Volume 85237, Page 5022 of the Plat Records of Dallas County, Texas, and being more
particularly described as follows:
COMMENCING at a point in the South right-of-way of Winding Hollow, said point being
common to Lot 7 and Lot 6, Block 8 of said VILLAGE AT COTTONWOOD CREEK,
SECTION I;
THENCE departing from the South right-of-way line of Winding Hollow along the common
property line of Lot 7 and Lot 6, South 57' 27' 49" East, a distance of 122.77 feet to the POINT
OF BEGINNING;
THENCE departing from the common property line of Lot 7 and Lot 6 along the northerly line of
a 7.5 feet utility easement, North 34' 06' 52" East, a distance of 76.43 feet to a point for corner
in the common property of Lot 6 and Lot 5 of the VILLAGE AT COTTONWOOD CREEK,
SECTION I;
THENCE along said common property line, South 55' 53' 08" East, a distance of 7.50 feet to a
point for corner, said point being common to the aforementioned Lot 6 and Lot 5, the southerly
line of said utility easement and the northerly line of a floodway and drainage easement;
THENCE departing from the common property line of Lot 6 and Lot 5, along the common line of
said 7.5 feet utility easement and the floodway and drainage easement, South 34' 06' 52" West, a
distance of 76.23 feet to a point for comer, said point being in the common property line of Lot 7
and Lot 6;
THENCE along said common property line, North 57' 27' 49" West, a distance of 7.50 feet to
the POINT OF BEGINNING and containing 572.48 square feet or 0.013 acres of land.
31.1 13 at;.03 ',
EXHIBIT "B"
254 WINDING HOLLOW
POINT OF COMMENCING
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34'06'52"E 76.4 ' S55'53'08"E
7.50' 7.50'
N57'27'49"W 34'06'52W 76.2 '
r FlAODWAY & DRAINAGE ^ AREA TO BE ABANDONED
EASEMENT I
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