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OR 94-670 Abandons portion of utility easement AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 94670 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A PORTION OF A UTILITY EASEMENT LOCATED ON LOT 30, BLOCK D OF PECAN HOLLOW, AN ADDITION TO THE CITY OF COPPELL, TEXAS, DESCRIBED IN EXHIBIT 'A" 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 a portion of the utility easement located on Lot 30, Block D of Pecan Hollow, an Addition to the City of CopFell, Texas, and more particularly described in Exhibit "A" attached hereto, is no longer needed for City services; and WHEREAS, the abutting property owner desires that said portion of the 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 $2.00; 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 a portion of the utility easement located on Lot 30, Block D of Pecan Hollow, an Addition to the City of Coppell, Texas, and more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, is no longer needed 1 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 determined by an appraisal to be $2.00. SECTION 3. That upon payment of $2.00 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 R~cords 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 Coppetl, 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 4. That this ordinance shall become effective from and after its passage as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the APPROVED: 2 ATTEST: LICN~i5; ACTING CITY SECRETARY (PGS/jd 9-20-94) 3 AGG05CBE EXHIBIT ' A' PARTIAL ABANDONMENT OF SANITARY SEWER EASEMENT LOT 30, BLOCK D, PECAN HOLLOW Being a portion of a 16-foot Sanitary Sewer Easement. 8' of which is located on Lot 30. Block D of PECAN HOLLOW. an Addition to the City of Coppell, Dallas County, Texas as recorded in Volume 90139, Page 2914 of the Plat Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at the Southwest corner of Lot 30, Block D, PECAN HOLLOW. said point being common to the Southeast corner of Lot 31. Block D, the centerline point of a 16' Sanitary Sewer Easement. and being in the North right-of-way of Walnut Grove Lane: THENCE along the Noah right-of-way of Walnut Grove Lane following a curve to the right having a central angle of 1~ 57' 39", a radius of 475.00 feet, a chord bearing of South 80° 4T 55" East. a chord distance of 16.25 feet, and an arc length of 16.25 feet to a point for comer. said point being an intersection of the East line of the aforementioned 16-foot Sanitary Sewer Easement with the North right-of-way of Walnut Grove Lane; THENCE along the East line of said Easement. North 00° 56' 32" West. a distance of 96.82 feet to the POINT OF BEGINNING; THENCE leaving the East line of said Easement, South 89° 03' 28" West, a distance of 2.00 feet to a point for corner: THENCE North 00' 56' 32" West, a distance of 20.00 feet to a point for corner: THENCE North 89' 0Y 28" East, a distance of 2.00 feet to a point for corner, said point being in the East line of the aforementioned Easement; THENCE South 000 56' 32" East, a distance of 20.00 feet to the POINT OF BEGINNING and containing 40.00 square feet of land. IlBIHX:3 MOqqOH NVO3d 'G )d,O038 'OC LOq ZN3R3SV3 ~3M3S 'NVS ,g V dO ZN3LaNO(]NVSV qWL~jVd