OR 99-867 Abandons utility easement (250 Winding Hollow) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 99867
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A UTILITY EASEMENT, LOCATED ON LOT 7,
BLOCK 8 OF VILLAGE OF COTTONWOOD CREEK SECTION I
AS DESCRIBED IN EXHIBITS "A" AND "B" ATTACHED
HERETO, 1N 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 SMD 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 7, Block 8 of 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 $12.82;
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 7, Block 8 Village at 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 easemere being
abandoned has been determine by an appraisal to be $12.82.
SECTION 3. That upon payment of $12.82 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
~l-day of~,, 1999.
, -,
CA~IDY SH~HAN, MAYOR
ATTEST:
~EEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. ~TY ATTORNEY
2
EXHIBIT 'A'
LOT 7. BLOCK 8. VILLAGE AT COTTONWOOD CREEK. SECT. I
7.5' UTILITY EASEMENT ABANDONMENT
BEING the abandonment of a utility easement located on Lot 7, Block 8, VILLAGE AT
COTTONWOOD CREEK, SECTION I, an addition to the City of Coppell, Dallas County,
Texas, as recorded in Volume 85237, Page 5022, Deed Records Dallas County, Texas and
being more particularly described as follows:
COMMENCING at a point in the southeasterly right-of-way of Winding Hollow, said point
being common to Lot 6 and Lot 7, Block 8, VILLAGE AT COTTONWOOD CREEK,
SECTION I;
THENCE departing from the southeasterly right-of-way of Winding Hollow following the
common property line of Lot 6 and Lot 7, South 57027'49" East, a distance of 122.77 feet to
the POINT OF BEGINNING;
THENCE continuing along said common property line, South 57027'49'' East, a distance of
7.50 feet to a point for corner;
THENCE departing from said common property line, South 34006'52'' West, a distance of
85.47 feet to a point for corner in the common property line of Lot 7 and Lot 8, Block 8,
VILLAGE AT COTTONWOOD CREEK;
THENCE along said common property line, North 57°27'49'' West, a distance of 7.50 feet to
a point for corner;
THENCE departing from said common property line, North 34o06'52" East, a distance of
85.15 feet to the POINT OF BEGINNING and containing 639.83 square feet or 0.015 acres of
land.
EXHIBIT "B"
250 WINDING HOLLOW
N POINT OF COMMENCING
SCAI~E
L,J f' = 50'
8 7 ~ 6
_~4_L'°6_'s_2"s_ _ ~.L5 7.5o~'E
N55'OZ'O4"W ~ 7'S'ut~t~'~e-t~t
7.50' S54'06'52"W 85.4
/
/ j AREA TO BE ABANDONED
/
,~/FLOODWAY & DRAINAGE ''~
EASEMENT /
(D~ ,,' TTO~OOD
5~CTIO~
VILLAGE A T CO
· .C.~Et4'
CO]-TONWOOD CREEK
EXHIBIT