OR 2004-1074 Abandoning construction easement; BBB and CRR Survey4942628 $17.00 peed
11/18/04
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2,0o4 —/0 j¢
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A FIFTY FOOT WIDE CONSTRUCTION
EASEMENT ACROSS PORTIONS OF TRACT 3.2, 3.3 AND 5 OF
THE B.B.B. AND C.R.R. SURVEY, ABSTRACT 1772 AS
RECORDED IN VOLUME 79074, PAGE 0047, AND MORE
PARTICULARY DESCRIBED IN EXHIBITS "A" AND "B"
ATTACHED HERETO IN FAVOR OF THE PROPERTY OWNERS
OF RECORD OF THE REAL PROPERTY; PROVIDING THAT
SUCH ABANDONMENT SHALL BE IN 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
construction easement located on Tracts 3.2, 3.3 and 5 of the B.B.B. and C.R.R. Survey,
Abstract 1772, and more particularly described in Exhibits "A" and "B" attached hereto, is
no longer needed for city services; and
WHEREAS, the owners of the real property desires that said construction easement
be abandoned;
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 construction easement located on Tracts 3.2, 3.3 and 5 of the B.B.B. and
C.R.R. Survey, Abstract 1772, 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
the purposes of which it was dedicated and should be, and is hereby, abandoned in favor of
the real property owners.
SECTION 2. That this abandonment ordinance shall constitute a Quitclaim
Deed in favor of the real property owners, and a certified copy of the same may be filed in
the Deed Records of Dallas County, Texas, to indicate such abandonment.
1 46,224 12350
SECTION 3. 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
construction 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 4. 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 2004.
Fr$T;77i
ATTEST:
aBALL, Y SECRETARY
ATTORNEY
2 ,AP224 12351
THE STATE OF TEXAS
COUNTY OF DALLAS
= RWOHD
KNOWN ALL MEN %Y THESE PRESENTS:
02020 2584h6DUO
9
THAT I, Texas American Bank, Trustee of Dallas County, Texas, in
consideration of the sum of One and no/100 Dollars ($1.00) and other good
and valuable consideration in hand paid by City of Coppell, Texas, receipt
of which is hereby acknowledged, do by these presents grant, bargaih, sell
and convey unto City of Coppell, Texas, the free and uninterrupted use,
liberty and privilege of the passage in, along, upon and across the following
described property owned by me for the purpose of constructing and maintaining
a utility easement. Said property being situated in Dallas County, Texas, and
being described as follows:
Being a centerline description for a 20 feet vidth permanent easement and a
baseline description for a 50 feet width construction easement (of which a 30
feet wide strip is on the South side of the.permnnent aasecent) across a 7.2
acre tract of land in Dallas County, Texas, situated in the B.B.B. b C.R.R.
Survey, Abstract 1712, said tract conveyed to Neitha Kaye Staton, et al by
deed from Smael L. Tiner, and wife, Bernadene Tiner, dated Kay 24, 1976 and
recorded 1n volume 76100. Page 2319 of the Dallas County Deed Records, said
centerline being more fully described as follows: .
BEGINNING at a point in the East line of said Staton tract, said point
being South - 20 feet from the Northeast corner of said
Station tract;
THENCE: N 67030'W - 640 feet to a point in the East tine of State
Highway 121, said permanent easement containing 0.29 acres
of land more or less.
And it is further agreed that the City of Coppell. Texas, in con-
sideration of the benefits above set out, will remove frw the property above
described, such fences, buildings and other obstructions as may now be found
upon said property. For the purpose of constructing and maintaining any utility,
Including, but not limited to sever mains, water mains, in, along, upon and
across said premises, with the right and privilege at all times of the grantee
herein, its agents, employees, workmen and representatives having ingress,
egress, and regress in, along, upon and across said premises for the purpose of
constructing, making additions to, improvements on and repairs to the said
utility or any part thereof.
TO HAVE AND TO HOLD unto the said City
said for the purposes aforesaid the premises desc
Executed this the 3V day of
oppell. Texas, as afore -
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7907.1 0047
EXHIBIT 'A'
- Page 1 of 2
IM0224 1L352
CORPORATE ACKNOWLEDGMENT
THE STATE OF TEXAS
I COUNTY OF DALLAS
BEFORE ME, the undersigned authority, in and for said County, Texas,
on this day personally appeared _ e, M N V+ROPN , known3,
to nx+ to be the person chose name is subscr a orego ng nstrument
end acknowledged to me that the same was the act of the said TEXAS AMERICAN
BANK, TRUSTEE, a corporation, and that he executed the same as the act of
corporation -for the purposes and consideration therein expressed; and in the
capacity therein stated.
GIVEN UNDER.MY NAND AND SEAL OF OFFICE this the day of
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EXHIBIT 'A'
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