OR 94-636 Abandons waterline easement south side of Lot5, Block H, Second Revised Braewood West AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 94636
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING
A PORTION OF A WATER LINE EASEMENT ON LOT 5, BLOCK H,
SECOND REVISED BRAEWOOD WEST, AN ADDITION TO THE CITY
OF COPPELL, DALLAS COUNTY, TEXAS, PROVIDING THAT SUCH
ABANDONMENT SHALL BE IN FAVOR OF THE ABUTHNG
PROPERTY OWNER OWNING THE UNDERLYING FEE SIMPLE;
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 DAIJIAS COUNTY, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has determined that the
City has no further need for the certain portion of the water line easement hereinafter
described; and
WHEREAS, the City Council of the City of Coppell has determined that the interest
of the City and the public therein should be abandoned; and
WHEREAS, the current owner of the property on which said easement exists desire
that such easement be abandoned; and
WHEREAS, the City has determined that the City and public have no need for such
portion of the water line easement and that the cost of keeping such portion of the water
line easement is in excess of the fair market value of the City's interest in the portion of the
water line easement being abandoned; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.
That the hereinafter described portion of the water line easement within the limits
of the City of Coppell, Texas, is no longer needed or necessary for city or public purposes
and should be abandoned in favor of the current owner of the lot burdened with said
easement. The portion being abandoned is as follows:
Being the north (1) foot of the existing 7.5 foot water line easement on the south side
of Lot 5, Block H, Second Revised Braewood West, an Addition to the City of
Coppell, Dallas County, Texas, as shown on the plat thereof recorded in Volume
80153, Page 53, Deed Records, Dallas County, Texas. Said lot also being shown on
the plat attached hereto as Exhibit A and on the survey attached hereto as Exhibit
B, and made a part hereof.
SECTION 2.
The City of Coppell, Texas, hereby abandons all its right, title, and interest in and
to said portion of the easement as above described and abandons, conveys, and relinquishes
all such public interest the City may have in and to said portion of the easement to the
underlying fee simple owner of said lot.
SECTION 3.
That the abandomnent of the City's interest in said easement shall constitute a
quitclaim deed in favor of the underlying fee simple owner of said lot and a certified copy
of this ordinance may be filed in the Deed Records of Dallas County, Texas, to indicate
such abandonment.
SECHON 4.
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 5.
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 6.
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 ~ay
of January, 1994.
APPROVED: /
MAYOR
ATTEST:
\
fi ~ x 7 - CITY SECRETARY
APPROVED AS TO FORM:
COO92-1104