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OR 2005-1113 Abandoning Easement, Shadow Ridge EstatesAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2005-1113 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A RIGHT OF WAY EASEMENT, LOCATED ON LOT 52, BLOCK D SHADOW RIDGE ESTATES FOURTH INCREMENT 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 RIGHT OF WAY 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 right of way easement located on Lot 52, Block D Shadow Ridge Estates Fourth Increment, 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 fight of way 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 $1,235.25; 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 right of way easement located on Lot 52, Block D Shadow Ridge Estates Fourth Increment, 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 right of way easement being abandoned has been determine by an appraisal to be $1,235.25. SECTION3. That upon payment of $1,235.25 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. PASSED by the City Council of the City of Coppell, Texas, this the ]~ULY day of~d~ 2005. DOI~LAS I~.\~TOVER, MAYOR ATTEST: APPROVED AS TO FORM: ROBERT E. HAGER, CI]qi~ AT~I(NEY [HR' .......... LSURVEY PLATJ PA~E , 0~3 L7 N 27'37'54' W 3.00' L8 N 62'22'03' E 2023' 466 HARRIS STREET D~te : JUNE 16, 19~7 u~o¢~oo~ro~o~ · LEGEND ~ s..t.:,-= ~'~ HARRY DESCRIPTION OF ABANDONMENT PAGE 3 OF 3 THE FOLLOWING IS A DESCRIPTION OF PART OF A 60 FOOT RIGHT OF WA Y FOR BETHEL SCHOOL ROAD OVER THAT SOUTHEAST PORTION OF LOT 52, BLOCK 0 OF SHADOW RIDGE ESTATES, FOURTH INCREMENT AN ADDITION TO THE CiTY OF COPPELL, DALLAS COUNTY, TEXAS RECORDED IN VOLUME 89189, PAGE 1912~ OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, BEGINNING A T A POINT IN THE NORTHWEST LINE OF SAID 60 FOOT R O. [4/ SAME BEING SOUTH 62 DEG 22 MIN 04 SEC WEST 821 FEET FROM THE SOUTHEAST CORNER OF SAID LOT AND BLOCK; THENCE SOUTH 03 DEG 57 MIN 29 SEC WES T 8.59 FEET TO A POINT FOR A CORNER, THENCE SOUTH 62 DEG 28 MtN 01 SEC WEST 9054 FEET TO A POINT FOR A CORNER; THENCE NORTH 03 DEG 57 MIN 28 SEC EAST 8.70 FEET TO A POINT FOR A CORNER, THENCE NORTH 62 DEG 22 MIN 04 SEC. EAST 23 41 FEET TO A POINT FOR A CORNER; THENCE SOUTH 27 DEG 37 MIN 54 SEC EAST 3.00 FEET TO A POINT FOR A CORNER, THENCE NORTH 62 DEG 22 MIN 04 SEC EAS T 4? OO FEET TO A POINT FOR A CORNER, THENCE NORTH 27 DEG 37 MIN 54 SEC WEST 3 O0 FEET TO A POINT FOR A CORNER, THENCE NORTH 62 DEG. 22 MIN 04 SEC EAST 2023 FEET TO THE POINT OF BEGINNING AND CONTAINING 538 SQUARE FEET OF LAND EXHIBIT B JOB NO. 97-2764B