OR 94-638 Abandons sanitary sewer easement in favor of Centex Real Estate Stonemeade Estates AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 94638
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A
SANITARY SEWER EASEMENT, WHICH IS NO LONGER NECESSARY
FOR CITY SERVICES; PROVIDING THAT SUCH ABANDONMENT
SHALL BE IN FAVOR OF CENTEX REAL ESTATE CORPORATION, THE
ABUTTING PROPERTY OWNER, IN EXCHANGE FOR A FIFTEEN (15)
FOOT SANITARY SEWER EASEMENT PREVIOUSLY DEDICATED BY
CENTEX REAL ESTATE CORPORATION TO THE CITY AND RECORDED
IN VOLUME 92125, PAGE 4668, OF THE DEED RECORDS OF DALLAS
COUNTY, TEXAS; PROVIDING THAT SUCH ABANDONMENT SHALL BE
THE INTEREST THE CITY MAY LEGALLY AND LAWFULLY ABANDON;
PROVIDING THAT SUCH ORDINANCE SHALL CONSTITUTE A
QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY
CLERK OF DALLAS COUNTY, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has determined that the
hereinafter described sanitary sewer easement is no longer needed or necessary for public
purposes; and
WHEREAS, the City Council of the City of Coppell is of the opinion that the
hereinafter described sanitary sewer easement should be abandoned in favor of the abutting
property owner, Centex Real Estate Corporation in exchange for a 15 foot sanitary sewer
easement previously dedicated by Centex Real Estate Corporation and recorded in Volume
92125, Page 4668 of the Deed Records of Dallas County, Texas; and
WHEREAS, the fair market value of the additional sanitary sewer easement
previously dedicated to the City of Coppell by Centex Real Estate Corporation has been
determined by an appraisal to equal or exceed the fair market value of the hereinafter
described sanitary sewer easement being abandoned; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
SECTION 1.
That the City Council has determined that the hereinafter described sanitary sewer
easement is no longer needed or necessary for public purposes and should be abandoned
in favor of Centex Real Estate Corporation, the abutting property owner, in exchange for
a fifteen (15) foot sanitary sewer easement previously dedicated to the City by Centex Real
Estate Corporation and recorded in Volume 92125, Page 4668 of the Deed Records of
Dallas County, Texas.
SECTION 2.
That the fair market value of the additional sanitary sewer easement previously
dedicated to the City of Coppell by Centex Real Estate Corporation has been determined
by an appraisal to equal or exceed the fair market value of the herein described sanitary
sewer easement being abandoned.
SECTION 3.
That the City of Coppell, Texas, hereby abandons all its right, title, and interest in
and to said portion of the easement hereinafter described, and abandons, conveys, and
relinquishes all such public interest the City may have in and to said easement to the current
owner of the abutting property, Centex Real Estate Corporation.
The sanitary sewer easement hereby abandoned is described as follows:
"BEING the centerline of a 20 foot wide utility easement situated in the
Clarinda Squires Survey, Abstract No. 1327 in the City of Coppell, Dallas
County, Texas as recorded in Volume 81239, Page 1515 of the Deed Records
of Dallas County, Texas and also being part of Stonemeade Estates, an
addition to the City of Coppell as recorded in Volume 93093, Page 1522 of
the Deed Records of Dallas County, Texas, said centerline being more
particularly described as follows:
COMMENCING at a point on the north iine of Parkway Boulevard (an 88
foot right-of-way) and being the southeast corner of the above said
Stonemeade Estates, said point also being in a curve to the left having a
central angle of 03° 28'30" and a radius of 2244.00 feet; Thence along said
curve, and the said north line of Parkway Boulevard, 136.10 feet to the end
of said curve; Thence S. 58° 38'49" W., 339.56 feet along the said north line
of Parkway Boulevard to the POINT OF BEGINNING;
THENCE N. 01° 22'49" W., 661.50 feet leaving the said north line of Parkway
Boulevard to a point for corner;
THENCE N. 06° 52'49" W., 132.54 feet to the end of said centerline being at
the north line of the above said Stonemeade Estates and containing 0.36 acres
of land.
SECTION 4.
That the abandonment of the City's interest in said easement shall constitute a
quitclaim deed in favor of the abutting properly owner, Centex Real Estate Corporation,
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 ,~ =-~[day
of +f ~ ~ ~ ~ z.} ;~[ , 1994.
APPROVED:
TOM MORTON, MAYOR
ATFEST:
\-/,
,~ ~ !, 7 . CITY SECRETARY
APPROVED AS TO FORM:
'PE'TI!R G. SMIT~/~, CITY ATTORNEY