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OR 2009-1226 Utility and Water line Easement ORDINANCE NO. 2009-1226 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A UTILITY AND WATER LINE EASEMENT CREATED BY ORDINANCE 92547, LOCATED IN THE J.W. ANDERSON SURVEY, ABSTRACT NO. 18, AS DESCRIBED IN EXHIBITS “A” AND “B” ATTACHED HERETO; RESERVING ALL EXISTING EASEMENT RIGHTS OF OTHERS IF ANY, WHETHER APPARENT OR NON-APPARENT, AERIAL, SURFACE, UNDERGROUND OR OTHERWISE; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS AS A QUITCLAIM DEED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS , the City Council of the City of Coppell has determined that the easement , located in the J.W. ANDERSON SURVEY, ABSTRACT NO. 18described in Exhibits "A" and “B” hereto, is no longer needed for City services; and WHEREAS , the property owner will be relocating the utilities and dedicating a new utility and water line easement by plat. THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS AS FOLLOWS: SECTION 1. That the City Council of the City of Coppell, Texas has determined that the utility and water line easement 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 property owner. SECTION 2. That this abandonment ordinance shall constitute a Quitclaim Deed in favor of the 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 City Manager or his designee shall, at the appropriate time, file this ordinance as provided herein. 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 and water line 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. 1 SECTION 5. That this ordinance shall become effective from and after its passage as the law and charter in such case provide. LY PASSED by the City Council of the City of Coppell, Texas, this the ~~' day of ~ , 2009. !\ DOUGLAS N.~STOVER, MAYOR ATTEST: B BAL TYSECRETARY FO ROBERT E. HAGE~,~CITY ATTORNEY 2 ABANDONMENT OF A PORTION OF A 35' UTILITY AND WATER LINE EASEMENT IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS J.W. ANDERSON SURVEY, ABSTRACT N0. 18 LEGA_L_DESCRIPTION BEING a 14,438 square feet (0.33 acre) tract of land situated in the J.W. Anderson Survey, Abstract No. 18 in the City of Coppell, Dallas County, Texas, and being a portion of a tract of land conveyed to Ph ilip A. Berkebile, Jr. and Tonna J. Be rkebile by deed recorded in Volume 2004024, Page 06015, Deed Records, Dallas County, Texas, and being a portion of Bethel Road (a variable width right-of-way), same being a portion of a 35 utility and water line easement recorded in Volume 9210 0, Page 0293, Deed Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: Beginning at a PK nail found for corner, and being the Southeast corner of Lot 1 , Block 1 , BIG CEDAR ADDITION, an addi tion to the City of C oppell, Dallas County, Texas according to the plat thereof recorded in Volume 92125, Page 3455, Deed Records, Dallas County, Texas; Thence North 84 degrees 07 minutes 41 seconds East, a distance of 21.20 feet to a point for corner; Thence South 06 degrees 01 minutes 46 seconds East, a distance of 330.30 feet to a point for corner; Thence South 00 degrees 30 minutes 34 seconds West, a distance of 84.02 feet to a point for corner; Thence North 89 degrees 59 minutes 26 seconds West, a distance of 35.00 feet to a point for corner; Thence North 00 degrees 30 minutes 34 seconds East, a distance of 82.32 feet to a point for corner; Thence North 06 minutes 01 minutes 46 seconds West, a distance of 328.39 feet to a point for corn er, and being in the South line of said Lot 1 ; Thence North 84 degrees 07 minutes 41 seconds East, along the Sout h line of said Lot 1 , a distance of 13.80 feet to the Point of Beginning and containing 14, 438 square feet or 0.33 acres of land. GENERAL NOTES: i ~`. BRYAN ONNALLY R.P.L.S. N0. 5513 s ..E3R PJ NNALLY... ' •'~ e r ......... . '~SU v~o 1) BEARINGS ARE BASED ON THE EAST LINE OF LOT 2, BLOCK 1, BETHEL ROAD ESTATES PER PLAT RECORDED IN VOLUME 2000134, PAGE 02875, DEED RECORDS, DALLAS COUNTY, TEXAS. (N00'17'22"W) 2) = 1/2 INCH IRON ROD FOUND 3) = PK NAIL FOUND 4) = POINT FOR CORNER DOUG CONNALLY & ASSOCIATES, INC. ENGINEERING PUNNING SURVEYING 11545 Pagemlll Road • Sufte 200 • Dallas, Texas 7 243 P 214.349.9485 F 214.349.2216 www.dcadfw.com SHEET 1 OF 2 JOB N0. 0700808-8ESMT DRAWN BY: CG Exhibit A ABANDONMENT OF A PORT{ON OF A 35' UTILITY AND WATER LINE EASEMENT IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS J.W. ANDERSON SURVEY, ABSTRACT N0. 18 0 0 0 0 ~' n .-r ~' z i~ ~ r~ ~ [-] MO ... ti r-- O A O O 0 BROCK STREET~,~ I 50 ' R.O.W. I ' ~~ / ~ ~ COUNTRY ESTATES \ LOT 13, BLOCK A / ~ VOL. 92188, PG. 3639 LOT 1 / / UTILITY k WATER LINE ESMT. VOL. 92100, PG. 0293 / / CITY ORD. #92547 / / BIG CEDAR ADDITION / BLOCK 1 i VOL. 92125, PG. 3455 / LOT 2 II ~_ .. LINE TABLE LINE BEARING LENGTH L1 N84'07'41 "E 21.20' L2 S06'O1'46"E 330.30' L3 500'30'34"W 84.02' L4 N89'S9'26"W 35.00' L5 N00'30'34"E 82.32' L6 N06'01'46"W 328.39' L7 N84'07'41 "E 13.80' s cn i 0 r~--{ ~~--V~--II r-L-i C~ C~ BETHEL ROAD VARIABLE WIDTH R.O.W. I~ LOT 10 LOT 9 ~E OF T£ 'S.rFR+9s ~ . O~ • ~c BRY'A ONNgt.LY~~~ ~.... 5i.3 ......:... `"9.~; ~'~FS s,oN ypQ ~SURV=,r~ GENERAL NOTES: 1) BEARINGS ARE BASED ON THE EAST LINE OF LOT BRYAN NNALLY 2, BLOCK 1, BETHEL ROAD ESTATES PER PLAT RECORDED IN VOLUME 2000134, PAGE 02875, DEED R. P. L.S. N0. 5513 RECORDS, DALLAS COUNTY, TEXAS. (N00'17'22"W) 2)~= 1/2 INCH IRON ROD FOUND 3) = PK NAIL FOUND 4) = POINT FOR CORNER DOUG CONNALLY do ASSOCIATES, INC. ENGINEERING PLANNING SURVEYING 11545 Pagemill Road • Suite 200 • Dallas, Texas 7 43 P 214.349.9485 F 214.349.2216 www.dcadfw.com LOT 11 m r m Nr= ~c ohm uDi°. ~ ~ r N V a N ,~ ~ N ,,, o A m D m f r O ~~m ~.`"i ~~ VI ZN ,D vi ~' O y ~ V! N m V ~ N 35' UTILITY d~- WATER LINE ESMT. ABANDONMENT 14,438 sq.ft. 0.33 acres Flo f n D p z o ~ O OO Z ~ C V1 A C G ,Tl !~1 < i r., . : j n~ m n ~n m ti N A.-1 D A yID Z ~' O Z O 9 O (~~ 9 'jO m< ~O O~C~'P / 0~9~~ ~ G~~ ~~ Z O Z C Z y SHEET 2 OF 2 JOB N0. 0700808-BESMT DRAWN BY: CG Exhibit B