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OR 97-795 Abandons utility easement, Parkview AdditionAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 9-2 i $doze� 06;11,•'97 542960 $15.60 Dc e d AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A UTILITY EASEMENT, LOCATED ON LOT 5, BLOCK 4 OF PARKVIEW ADDITION 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 5, Block 4 of Parkview Addition, 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 $9.00; 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 5, Block 4 Parkview Addition, 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 $9.00. X7113 u111�026 SECTION 3. That upon payment of $9.00 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 0l'7�1Z day of Y 1997. APPROV D: OM ON, MAYOR KATHLEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, TTORNEY t s7' i 1 3 01;.027 EXHIBIT 'A' ABANDONMENT OF A 10' UTILITY EASEMENT LOT 5, BLOCK 4, PARKVIEW ADDITION Being a 10' utility easement located on Lot 5, Block 4, of PARKVIEW ADDITION, an Addition to the City of Coppell, Dallas County, Texas as recorded in Volume 88081, Page 1944 of the Plat Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a point in the West right-of-way of Alex Drive, said point being common to Lot 4 and Lot 5, Block 4 of said PARKVIEW ADDITION; THENCE departing from the West right-of-way line of Alex Drive along the common property line of Lot 4 and Lot 5, South 89° 03' 35" West, a distance of 80.00 feet to the POINT OF BEGINNING; THENCE departing from the common property line of Lot 4 and Lot 5 along the easterly line of a 10 feet utility easement, South 00' 56' 25" East, a distance of 45.00 feet to a point for comer in the common property of Lot 5 and Lot 6 of the PARKVIEW ADDITION; THENCE along said common property line, South 89' 03' 35" West, a distance of 10.00 feet to a point for comer, said point being common to the aforementioned Lot 5 and Lot 6, the westerly line of said utility easement and the easterly line of a linear park; THENCE departing from the common property line of Lot 5 and Lot 6, along the rear property line of Lot 5, said line being common to a 10 feet utility easement and the said linear park, North 00° 56' 25" West, a distance of 45.00 feet to a point for corner, said point being in the common property line of Lot 5 and Lot 4; THENCE along said common property line, North 89' 03' 35" West, a distance of 10.00 feet to the POINT OF BEGINNING and containing 450.00 square feet or 0.01 acres of land. 7 i 13 01-R.02 EXHIBIT "B" LINEAR PARK N 00'56'25" W 45.00' Fr, �� 7 Yui�11'rl�iligl.li �I•rm,l�..L, 10, 00 I 10' OliNtlFr43% X S 89'03'35' W J � '`'�•. �4� �.�II��'IIInIINi•Ol�i . S 00'5625" E 45.00' AREA TO BE ABANDONED 0 281 ALEX DRIVE 10.00' N89'03'35"E P.O.B SCALE 1"=20' 0 `F 0 0 00 Lo M 0 0 00 V) POINT OF COMMENCING EXHIBIT .B. FILED 97 JUN I I PM 3: 22 C-: ET D "OINTY OCO'10 C I C� /0d. x 17 ja