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OR 94-662 Abandons utility easement in Estates of Cambridge Manor AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 94662 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A UTILITY EASEMENT DESCRIBED HEREIN IN FAVOR OF THE ABUTTING PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE DEDICATION TO THE CITY OF COPPELL OF ANOTHER UTILITY EASEMENT BY THE ABUTTING PROPERTY OWNER, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the utility easement herein described 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 dedicated to the City of Coppell, Texas, an additional utility easement, described in Exhibit "A" attached hereto, which is needed by the City for public purposes; and WHEREAS, a proper appraisal has been conducted insuring that the abandoned easement and the easement which has been dedicated in exchange for the abandoned easement are of equal fair market value; 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 hereinafter described utility easement is no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of Beamer Development, Inc., the abutting property owner, in exchange for the dedication of an additional utility easement which is needed by the City for public purposes, described in Exhibit "A", attached hereto and made a part hereof for all purposes. The utility easemere hereby abandoned is described as follows: "BEING the centerline description for a 20-foot wide utility easement as recorded in Volume 958, Page 899 of the Deed Records of Denton County, Texas, said easement being across a 30.2 acre tract of land in Denton County, Texas situated in the W. A. Trimble Survey, Abstract No. 1268, said tract conveyed to Cicero Long by partition deed from Sam Long et al, dated January 22, 1955 and recorded in Volume 406, Page 576, of the Denton County Deed Records, said centerline before more fully described as follows: BEGINNING at a point in the west line of said Long tract, said point being N, 21' 44" E., 25.00 feet from the most westerly southwest corner of said Long tract, same being the northwest corner of a 0.512 acre tract of land conveyed to Charles M. Renfro by deed dated April 26, 1971 and recorded in Volume 620, Page 445 of the Denton County Deed Records; THENCE S, 89° 37' 51" E., 437.05 feet to the end of said utility easement at a point in the east line of said Long tract, said utility easement containing 0.200 acres of land more or less." SECTION 2. That the fair market value of the said utility easement being dedicated in exchange for the easement being abandoned has been determined by an appraisal to equal or exceed the fair market value of the easement being abandoned. SECTION 3. That this abandonment ordinance shall constitute a Quitclaim Deed in favor of Beamer Development, Inc., the abutting property owner, and a certified copy of the same may be filed in the Deed Records of Denton 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 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 2 as the law and charter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the dayof 6'~,4~fl ,1994. ¢ APPROVED: ATTEST: G 'L~G'RAU, ASSIS "TAFT CITY SECRETLY APPROVED AS TO FORM: (PGS/jd 8-10-94) 3