OR 98-830 Abandons drainage easement in Villages of Cottonwood Creek Section 5 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
287545
ORDINANCE NO. 98830
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A DRAINAGE EASEMENT, LOCATED ON LOT
17, BLOCK A VILLAGES OF COTTONWOOD CREEK, SECTION
S 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 DRAINAGE 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 IN THE DEED RECORDS OF DALLAS
COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell has determined that the
drainage easement located on Lot 17, Block A in the Villages of Cottonwood Creek,
Section 5, 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 drainage 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 $30.00;
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 drainage easement located on Lot 17, Block A in the Villages of
Cottonwood Creek, Section 5, 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.
SECTION 2. That the fair market value of the said drainage easement being
abandoned has been determined by an appraisal to be $30.90.
98175 06071
SECTION 3. 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
30TH day ofaPRIL, 1998.
MARSHA TUNNEL, MAYOR PRO TEM
APPROVED:
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
PETER G. SMITH ,CITY ATTORNEY
98175 jG072
EXHIBIT 'A'
LOT 17, BLOCK A, VILLAGE AT COTTONWOOD CREEK, SECT. V
10' DRAINAGE EASEMENT ABANDONMENT
BEING a 1,500 square foot parcel of land situated in Lot 17, Block A, VILLAGE AT
COTTONWOOD CREEK, SECTION V, an addition to the City of Coppell, Dallas County,
Texas, as recorded in Volume 97061, Page 3057, Deed Records Dallas County, Texas and
being more particularly described as follows:
BEGINNING at the most southeasterly property corner of Lot 17, Block A, VILLAGE AT
COTTONWOOD CREEK, SECTION V, said point being common with the most
southwesterly property corner of Lot 18, Block A, VILLAGE AT COTTONWOOD CREEK,
SECTION V and the northerly right-of-way of Bricknell Lane;
THENCE North 54°10'58'' West along the north right-of-way of Bricknell Lane, a distance of
10.00 feet to a point for corner;
THENCE North 35°49'02'' East running 10.00 feet from and parallel to the common property
of the aforementioned Lot 17 and Lot 18, a distance of 150.00 feet to a point for corner in a
common property line of Lot 17, Block A, VILLAGE AT COTTONWOOD CREEK,
SECTION V, with the westerly property line of the VILLAGE AT COTTONWOOD CREEK,
SECTION III;
THENCE South 54° 10'58" East along said common property line a distance of 10.00 feet to a
point for corner, said point being common to the most northeasterly property corner of Lot 17
and the most northwesterly property corner of Lot 18, Block A, VILLAGE AT
COTTONWOOD CREEK, SECTION V;
THENCE South 35049'02'' West along the common property line of Lot 17 and Lot 18 a
distance of 150.00 feet to the POINT OF BEGINNING and containing 1500.00 square feet or
0.034 acres of land.
98I 75 06073
EXHIBIT "B"
LOT 17, BLOCK A, VILLAGE AT COTTONWOOD CREEK, SECT. V
10' DRAINAGE EASEMENT ABANDONMENT
SCALE
1" = 4-0'
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EXHIBIT
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98175 06075