OR 93-596 Abandons utility easement, Waterside Estates AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 93596
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A
CERTAIN UTILITY EASEMENT ON LOT 6, BLOCK B, WATERSIDE
ESTATES PHASE 1, AN ADDITION TO THE CITY OF COPPELL, DALLAS
COUNTY, TEXAS, 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 QUITCLAIM 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
City has no further need for the certain utility easement hereinafter described and that the
Utility Companies having interests therein have filed notice of consent to abandon the
same, copies of which are attached hereto as Exhibit "1" and made a part hereof for all
purposes; 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 owners of the properties 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 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,
AGGO3DOC
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 or necessary for city or public purposes and should
be abandoned in favor of the current owners of the lot burdened with said easement. The
easement being abandoned is as follows:
Being the five (5) foot utility easement at the rear of Lot 6, Block B, Waterside
Phase 1, an Addition to the City of Coppell, Dallas County, Texas, as shown on the
plat thereof recorded in Volume 91251, Page 3040, Deed Records, Dallas County,
Texas. Said lot also being shown on the plat attached hereto as Exhibit "A" and
made a part hereof.
SECTION 2.
The City of Coppell, Texas, hereby abandons all its right, title, and interest in and
to said of 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 lot.
SECTION 3.
That the abandonment of the City's interest in said easement shall constitute a
quitclaim 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.
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 oases provides.
APPROVED:
' MAYOR
A~EST:~j~
APPROVED AS TO FORM:
OOO93-0319
March 10, 1993
Mr. Brian Engelage
David Weekly Homes
211 Westwind Drive
Coppell, Texas 75019
To Whom It May Concern:
This letter is to advise that TU Electric has no objection to the
abandonment of a existing 5 foot Utility Easement located at the
rear of Lot 6, Block B of Waterside Estates No. 1, an Addition to
the City of Coppell, Dallas County, Texas, as recorded in Volume
91251, Page 3040 of Deed Records of said County.
If you have any questions, please contact me at 323-8913.
Sincerely,
Greg Hilton
Customer Services Representative
GH/as
EXHIBIT "1"
GTE Telephone Operations
Central Area
March 15, 1993 P. O. Box 128
Lewisvilla, TX 75029-0128
David Weeklay Homes
Attn: Bryan Engelage
211 Westwind Dr.
Coppell, Tx. 75019
Re; Easment Abandonment 136 spyglass Drive
Dear Sir:
GTE Southwest IE]corporated offers no objection to the
abandonment of the utility easement in the Waterside Subdivision
Phase 1, more specifically identified as the easement at the
rear of L~t 6, of Block B, or as addressed by the City of Coppell
as 136 SpygLass Drive. The above mentioned easement is not
currently being utilized by GTE.
Should you have any questions concerning the above please call
Ms. Jerry Davis at 214-318-3810.
Sincerely,
Jerry Davis
Engineer OSP
Lone Star Gas Company
2601 Logan Street · DaBas Texas 75215
3-16-93
~klr. Brian EngelaR~.
David W~cklcy Hoi~l~:o
211 Westwind Dr.
Cuppall , Texas 750~9
RE: 5' Easement abandonment - 136 Spygtgqss Driv~ - [~ot 6 Block B t:asement lotsLed
i:o rear of tot
!)c.:ar Brian ;
[,~/ne Star Gas Irving,, Distr[buLion has no ob,j~ctitm tel the above, listed easement
Sincerely
Ivre!d Hart is
EXHIBIT "1"
MAF' 15 "gE: 17:2:4 P % F'.2
PARAGON
C A 8 L E
March 15,1993
David Weekly Homes
Attn: Bryan
RE: 136 SPYGLASS, COPPELL
DAVID WEEKLY HOMES, LOT 6
BLOCK B.
WiLh regards to the above referenced reques=, Paragon Cable
of Copp~li has no ob3eczions to abandoning the rear easement
along the canal. If we can be of any ~urther assistance
please feel free to call us at 817) 481-9042.
Sincerely,
Bob Macloch
Director of Engineering
820 .,t,,. N~rlh,,',eSl Hw,,,,, Gropev,ne Te,~as/605] 8J7/488-0995 EXHIBIT "F'