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OR 2005-1092 Abandons a 20-ft. utility easementAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2005-1092 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A 20 FOOT UTILITY EASEMENT, AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, IN FAVOR OF THE ABUTTING PROPERTY OWNERS; 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 acceptance and relocation of public utilities has rendered the location of the utility easement described in Exhibit "A" attached hereto, to be an incorrect alignment for the construction of utility improvements; and WHEREAS, the abutting property owner desires that said utility easement be abandoned and in consideration thereof has dedicated to the City of Coppell, Texas, a utility easement in the correct location; and 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 the acceptance and relocation of public utilities has rendered the utility easement described in Exhibit "A", attached hereto and made a part hereof for all purposes, to no longer be needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the abutting property owner. SECTION 2. That 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 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 drainage 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 ~] _l~ day~2005. ATTEST: 2 PAGE 1 of 2 EXHIBIT "A" 20'UTILITYEASEMENT ABANDONMENT BEING a tract of land situated in the S.M. Hiatt Survey, Abstract No. 638, City of Coppell, Dallas County, Texas, being a part of that same tract of land as described in deed to Rozas Properties, Ltd. recorded in Volume 2003161, Page 1716 of the Deed Records of Dallas County, Texas (DRDCT), and being all of that 20 foot wide Utility Easement as described by instrument recorded in Volume 94154, Page 716 DRDCT, and being more particularly described as follows: BEGINNING at a 5/8-inch iron rod set with plastic cap stamped "Sparr Surveys" in the north line of Sandy Lake Road (80 foot right-of-way), at the southeast corner of said Rozas Properties tract, same being the southwest corner of Sandy Lake Addition, an addition to the City of Coppell, according to the plat thereof recorded in Volume 91054, Page 1044 DRDCT; THENCE S 89°18'18" W, along the north line of said Sandy Lake Road, 20.00 feet; THENCE N 00°04'11" E, departing the north line of said Sandy Lake Road, at all times remaining 20.00 feet west of and parallel to the east line of said Rozas Properties tract, 224.45 feet to a point in the south line of Austin Place, an addition to the City of Coppell, according to the plat thereof recorded in Volume 96151, Page 1426 DRDCT; THENCE N 89o20'55" E, along the south line of said Austin Place, 20.00 feet to a 5/8-inch iron rod found at the southeast corner of said Austin Place and lying in the west line of said Sandy Lake Addition; THENCE S 00°04'11" W, along the west line of said Sandy Lake Addition, 224.43 feet to the POINT of BEGINNING and CONTAINING 4,489 square feet of land. 14) 544-2297 EXHI]5IT A ~us~n 96151, Pg. 1426 DRDCT 20' Drainage & Utility Lot 5 VoL 94154, Pg. 708 DRDC T E2' Fence Esmt. Vol. 94154, Pg. 708 DRDC T N 89'20'55" 20.00' Future Lot 1, Block A Rozo$ Addition Rozas Properties, L~d Vol. 2003161, Pg. 1716 DRDCT BEARINGS ESTABLISHED BY ASSUMING N 89~20'55' E ALONG THE SOUTH LINE OF AUS~N PLACE. S 89~/8~' W / Future = i I 20' Utility Easement I I f~J I I /90.15' SANDY LAKE ROAD (Variable R.O. F.) Scale ?" = Dote 11-- 12-2004 Joe No.: 16741 OWG FILE: ESMTABANOOIV PAGE 2 OF 2 5' Ut#ity Easement Vol. 94154, Pg. 708 ORDCT Sandy Lake Addition Vol. 91054, Pg. 1044 DRDCT POINT OF BEGINNING Sparr Surveys 2555 C.R. 722 McKinney, Texes 75069 (214) 544-2297