OR 94-641 Abandons portion of Kaye St in favor of Round Oak Estates
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AN ORDINANCE OF THE CIlY OF COPPELL, TEXAS
ORDINANCE NO. fI~~1
AN ORDINANCE OF THE CIlY OF COPPELL, TEXAS, ABANDONING A
PORTION OF KAYE STREET, A PUBLIC STREET LOCATED WITHIN
THE CORPORATE LIMITS OF THE CIlY, IN FAVOR OF ROUND OAK
ESTATES, SAID PORTION OF KAYE STREET BEING PREVIOUSLY
DEDICATED BY ROUND OAK ESTATES AND RECORDED IN VOLUME
341, PAGE 677 IN THE DEED RECORDS OF DALLAS COUN1Y, TEXAS
AND MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO; PROviDING THAT SUCH ABANDONMENT SHALL BE IN
EXCHANGE FOR THE REDEDICATION AND REALIGNMENT OF SAID
PORTION OF K STREET AS SHOWN IN EXHIBIT "B" ATTACHED
HERETO; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE
INTEREST THE CIlY MAY LEGALLY AND LAWFULLY ABANDON;
PROVIDING THAT SUCH ORDINANCE SHALL CONSTITUTE A
QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUN1Y
CLERK OF DALLAS COUN1Y, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, finds that the herein
described portion of Kaye Street to be abandoned is no longer needed by the City for public
purposes and that Round Oak Estates, the owner of the abutting property, has requested
that the City exchange such portion of Kaye Street for the rededication and realignment of
said portion of Kaye Street at another location that will better serve the public; and
WHEREAS, said abutting property owner has requested said abandonment and in
consideration thereof shall dedicate and realign said portion of Kaye Street to the City of
Coppell, Texas, in a separate instrument, and
WHEREAS, the City Council of the City of Coppell finds that it would be to the best
interest of the City and the public to exchange such interests for such rededication and
realignment of the said portion of Kaye Street; NOW, THEREFORE:
BE IT ORDAINED BY THE CIlY COUNCIL OF THE CIlY OF COPPELL,
TEXAS:
SECTION 1.
That the City Council has determined that the portion of Kaye Street, a public street
within the corporate limits of the City of Coppell, described in Exhibit "A" 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 Round Oak Estates, the
abutting property owner in exchange for the rededication and realignment by Round Oak
Estates of said portion of Kaye Street, as shown in Exhibit "B" attached hereto and made
a part hereof for all purposes; such rededication shall be in a separate instrument.
SECTION 2.
That the fair market value of the said portion of Kaye Street being abandoned has
been determined by an appraisal to equal or exceed the fair market value of the portion of
Kaye Street to be realigned and rededicated to the City.
SECTION 3.
That the City of Coppell, Texas, hereby abandons all its right, title, and interest in
and to said portion of Kaye Street as described in Exhibit "A", and abandons, conveys, and
relinquishes all such public interest the City may have in and to portion of Kaye Street to
the current owner of the abutting property, Round Oak Estates.
SECTION 4.
That the abandonment of the City's interest in said easement shall constitute a
quitclaim deed in favor of the abutting property owner, Round Oak Estates, and the City
Secretary shall provide a certified copy of this ordinance to be filed in the Deed Records
of Dallas County, Texas, to indicate such abandonment.
SECTION 5.
That the abandonment provided for herein shall extend only to the public right, title,
and interest of the City of Coppell, Texas, and shall be construed to extend only to the
interest that the governing body of the City of Coppell, Texas, may legally and lawfully
abandon.
SECTION 6.
The provisions of this ordinance are severable, and should any section, paragraph,
sentence, clause or phrase thereof be declared unconstitutional or void, such declaration
shall not effect any of the remaining portions hereof.
SECTION 7.
This ordinance shall take effect immediately from and after its passage as the law in
such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the /2 v.t day
of /~,)A, I , 1994.
APPROVED:
~~.~~
TOM MORTON, MAYOR
ATTEST:
APPROVED AS TO FORM:
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!ITY-5EtRETARY
eA:z~~
PETER G. SMITH, CITY ATTORNEY
AGG053Fl
METES AND BOUNDS DESCRIPTION
UNIMPROVED KAYE STREET ABANDONMENT
FROM HARRIS STREET
TO
IMPROVED
STREET
BEING a +ract of land situated in the James W. Anderson Survey
Abstl:"act No. 18, in the City of Cappell, Dallas County, Texas;
said tract including all of a tract conveyed to the city of
Coppell .for street purposes as recorded in Volume 341 Page 677
Deed Records Dallas County, Texas (DRDCT); also including a part
of a a tract conveyed to Wm. T. Maynard and John T. Maynard as
recorded in Volume 79087 Page 3~75 DRDCT said part being known as
Kaye street (formerly known as Maynard Drive); said tract being
more particularly described as follows
KAYE
END OF
BEGINNING at an "x" found cut in concrete on the centerline of
Harris Street, said point being the Northeast Corner of Chautauqua
Place, an addition to the city of Coppell as recorded in Volume
92075 Page 3450 DRDCT, said point also being the Southeast corner
of said City of Cappell tract;
THENCE South 89022' 55" West, departing said centerline and along
the South line of said Coppell tract and along the North line of
said Addition, passing at 30 ft. the Northwest corner of Lot 20
Block A of said Addition, in all a distance of 508.11 ft. to a
1/2" iron round w/cap marked f1NDM" found for corner on the East
line of a tract conveyed to Wm. T. Maynard and John T. Maynard as
recorded in Volume 79087 Page 3275 DRDCT; said point being the
Northwest corner of said Chautauqua Place Addition and the
Southwest corner of said City of Coppell tract;
THENCE North 00018' 45" West, along the East line of said Maynard
tract and along the West line of said City of Coppell tract, for a
distance of 12.09 ft. to a point for corner
THENCE North 88040'41" West, along the South line of said l<aye
Street (formerly known as Maynard Drive), departing said East and
West lines; for a distance of 631.36 ft. to a 3/8" iron rod found
for corner at the end of the South back of curb of the improved
portion of said Kaye Street;
THENCE North 89049'37" West, along the South
Street, for a distance of 20.89 ft to a point
back of curb:
line of said Kaye
for corner at said
THENCE North 00008'01" West, departing said South line, and along
the West line of said Maynard tract, for a distance of 27.00 ft.
to a point for corner at the North back of curb line and on the
North line of said Kaye Street
THENCE South 89.49' 3711 East, along said back of curb and said
North line, for a distance of 21.31 ft. to a point for corner at
the end of said back of curb for Corner
THENCE south 88040' 41" East, continuing along said North line, for
a distance of 630.88 ft. to a 100d nail found for corner on the
East line of said Maynard tract and on the West line of said City
of Coppell tract;
for a
at the
00D18'4511 West along said East and West lines
20.90 ft. to a 1/2" iron rod found for corner
corner of said City of Coppell tract;
THENCE North
distance of
Northwest
55 East, along the No~th line of said City of
a distance of 507.85 ft to a point for corner
of said Harris street;
THENCE North 89"22
Coppell tract, for
in the centerline
distance
Acres or
for a
1.10';0
00"33'44 East, along said centerline
the POINT OF BEGINNING and cont2.inlng
ft o!- ~a:1d
THt::NCE South
(,0,00 ft. to
~3,030.1 sq
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