Loading...
OR 99-868 Abandons utility easement (246 Winding Hollow) AN ORDINANCE OF THE CITY OF COPPELL, TEXAS SECRETARY ORDINANCE NO. 99868 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A UTILITY EASEMENT, LOCATED ON LOT 8, BLOCK 8 OF VILLAGE OF COTTONWOOD CREEK SECTION I AS DESCRIBED IN EXHIBITS "A" AND "B" ATTACHED HERETO, IN FAVOR OF THE ABUTTING PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE PAYMENT BY THE ABUTTING ,, PROPERTY OWNER OF THE FAIR MARKET VALUE OF THE PORTION OF THE UTILITY EASEMENT TO BE ABANDONED; 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 DALLAS COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the utility easement located on Lot 8, Block 8 of Village of Cottonwood Creek Section I, an Addition to the City of Coppell, Texas and more particularly described in Exhibits "A" and "B" attached hereto, 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 agreed to pay to the City of Coppell, Texas, the fair market value of the property as established by an appraisal; and WHEREAS, a proper appraisal has been conducted establishing the fair market value of the easement to be abandoned to be $12.85; 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 utility easement located on Lot 8, Block 8 Village at Cottonwood Creek Section I, an Addition to the City of Coppell, Texas, and more particularly 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 abutting property owner, in exchange for the payment of the fair market value of the easement to be abandoned. 990 7 1 SECTION 2. That the fair market value of the said utility easement being abandoned has been determine by an appraisal to be $12.85. SECTION 3. That upon payment of $12.85 to the City by the abutting property owner, this abandonment ordinance shall constitute a Quitclaim Deed in favor of the abutting 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 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 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 5. That this ordinance shall become effective from and after its passage as the law and charter in such case provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ~q~__ day oft~L~.,~.,~ 1999. APPROVED: /~ CAlXi~Dg'SI-I~EI~HAI~,~,¥OR ATTEST: KAT~LEEN ROACH, CITY SECRETARY APPROVED AS TO FORM: 2 EXHIBIT 'A' LOT 8, BLOCK 8, VILLAGE AT COTTONWOOD CREEK, SECT. I 7.5' UTILITY EASEMENT ABANDONMENT BEING the abandonment of a utility easement located on Lot 8, Block 8, VILLAGE AT COTTONWOOD CREEK, SECTION I, an addition to the City of Coppell, Dallas County, Texas, as recorded in Volume 85237, Page 5022, Deed Records Dallas County, Texas and being more particularly described as follows: COMMENCING at a point in the southeasterly right-of-way of Winding Hollow, said point being common to Lot 7 and Lot 8, Block 8, VILLAGE AT COTTONWOOD CREEK, SECTION I; THENCE departing from the southeasterly right-of-way of Winding Hollow following the common property line of Lot 7 and Lot 8, South 55°03'04' East, a distance of 129.72 feet to the POINT OF BEGINNING; THENCE cominuing along said common property line, South 55003'04'' East, a distance of 7.50 feet to a point for corner; THENCE departing from said common property line, South 34006'52" West, a distance of 55.96 feet to a point for corner; THENCE South 38025'05'' West, a distance of 29.84 feet to a point for corner in the common property line of Lot 8 and Lot 9, Block 8, VILLAGE AT COTTONWOOD CREEK; THENCE along said common property line, North 52°38' 19" West, a distance of 7.50 feet to a point for corner; THENCE departing from said common property line, North 38025'05'' East, a distance of 29.56 feet to a point for corner; THENCE North 34006'52'' East, a distance of 55.68 feet to the POINT OF BEGINNING and containing 641.41 square feet or 0.015 acres of land. EXHIBIT "B" 246 WINDING HOLLOW POINT OF COMMENCING 9 8 ~, 7 '~" = 50' ' P.O.B N52'58'19"W N34-'06'52" 7.50' 55.68' S55'03'04"E 7.50' ;"W S34'06'52" 55.96' ~r,¢.,~¢: '.r'¢,t.%~Jl~ AREA TO BE: ABANDONED / / © TlOdI VIL co~ONWOOD cREEK E;oggr L9066 99 4PR - 7 PH 3: ~ cOU~F y DALLAS COUNTy