OR 93-613 Abandons 25 ft. utility easement Parkway/Heartz at request of CISD ORDINANCE NO. 93613
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING
A CERTAIN UTILITY EASEMENT IN THE S.A. & M.G.R.R. SURVEY
ABSTRACT NO. '1430, COPPELL, DALLAS COUNTY, TEXAS, BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF FOR ALL PURPOSES;
PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF
THE ADJACENT PROPERTY OWNERS 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 QUIT
CLAIM THAT MAY BE RECORDED WITH THE COUNTY CLERK OF
DALLAS COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Coppell, Texas had determined that the
City has no further need for the certain utility easement hereinafter described; and
WHEREAS, the City Council of the City of Coppell, Texas has determined that the
interest of the City and the public therein should be abandoned; and
WHEREAS, the current owners of the property in 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 easement and that the cost of keeping such easement is in excess of the fair market
value of the City's interest in the easement being abandoned;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the hereinafter described utility easement within the limits
of the City of Coppell, Texas, is no longer needed nor necessary for City or public
purposes and should be abandoned in favor of the current owners of the property
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burdened with City easement. The easement being abandoned is a twenty-five (25) foot
wide strip of land situated in the S.A. & M.G.R.R. survey abstract 1430 in Dallas County,
Texas, and being a part of a tract of land as described in a deed from Good Financial
Corporation to M. Douglas Atkins, Trustee, as recorded in Volume 77188, page 2355, of
the deed records of Dallas County, Texas, and being more particularly described in
Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the City of Coppell, Texas, hereby abandons all its right,
title and interest in and to said easement as above described and abandons, conveys,
and relinquishes all such public interest the City may have in and to said easement to the
underlying fee simple owners of said property.
SECTION 3. That the abandonment of the City's interest in said easement
shall constitute a quit claim in favor of the underlying fee simple owners 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.
SECTION 4. The abandonment provided for herein shall extend only to the
public right, title and interest of the City of Coppell, Texas, in and to said easement, 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. If any article, paragraph or subdivision, clause or provision of
this ordinance or of the Code of Ordinances, as amended hereby, shall be adjudged
invalid or held unconstitutional, the same shall not affect the validity of this ordinance as
a whole or any part or provision thereof, other than the part so decided to be invalid or
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unconstitutional.
SECTION 6. That all provisions of ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 7. This ordinance shall take effect immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
,2 ? day of '~" i~ 1993.
APPROVED:
ATTEST:
APPROVED AS TO FORM:
CI"~"/~:i"'~O RN I~ ~ '
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ANNEX
DRAINAGE AND UTILITY EASEMENT
BEING a 25 [~t wide strip of land situated in the
& M.G.R.R. Surve , Abstract No. ~430 in Dallas County, Texas
and being part o a tract of land as described in deed from
County, Texas and )sing more particularly described as follows:
COMMENCING at a point of intez'section Of the southerly
line of Parkway ~oulevard (an 88 foot R.O.W.) with the west
line o~ Heartz Rc~d {a 60 foot R.O.W.); Thence along said west
line of Near~z Road the following courses and distances;
74~14'42'' E., 34.13 feet to the beginning of a curve to the
right having a central angle of 2]~56'42" and a radiu~ of 179.09
feet; Thence 68.~9 feet to the end of said curve; Thence S.
1°22'49'' E., 952.30 feet to the POINT OF BEGINNING;
THENCE S. 1~22'49'' E., 2B.00 feet continuing along the
said west line o~ Neartz ROSa to a point for corner;
THENCE S. 88e5~'56'' W., 289.56 feet leaving the said west
line Of Heartz Road to a point for corner;
THENCE So le~0~58" E., 281.52 f~et to a point for corner;
THENCE S. 88"59'02" W., 338.66 feet to a point for cornez;
T]~ENCE N. 1"Z2'49" W., 25.00 feet to a point for cotne~;
THENCE N. 88'59'02" E.~ 313.82 feet to a point for corner;
THENCE N. ~0'58" W., 281.52 feet to a poXnt for corner~
THENCE N. 88'59'02" E., 3140~0 feet to the POint of
Beginning and containing 0.522 acres (22,744 square feet) of
land.
EXHIBIT