OR 93-603 Abandons utility easements Wateside Estates No. 1 Deed
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 93603
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING
CERTAIN, UTILITY EASEMENTS ON LOTS 1, 2, 3: 4, 5, 6,7, 8, 9, 12, 13,
14, 15, 16,19, 20, 21, 22, 23, 24, 25, 26, AND 27, OF BLOCK B,
WATERSIDE ESTATES NO. 1, AN ADDITION TO THE CITY OF COPPELL,
DALLAS COUNTY, TEXAS, AS SHOWN ON THE PLAT THEREOF
RECORDED IN VOLUME 91251, PAGE 3040, PLAT RECORDS, DALLAS
COUNTY, TEXAS; PROVIDING THAT SUCH ABANDONMENT SHALL BE
IN FAVOR OF THE ADJACENT PROPERTY OWNERS OWNING THE
UNDERLYING FEE SIMPLE OF EACH LOT; 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 easements 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 easements exists
desire that such easements be abandoned; and
WHEREAS, the City has determined that the City and public have no need for
such easements and that the cost of keeping such easements is in excess of the fair
market value of the City's interest in the easements being abandoned; NOW,
THEREFORE,
AGG03F47
98 I'1 I 03638
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
That the hereinafter described utility easements within the limits of the City of
Coppell, Texas, are no longer needed or necessary for city or public purposes and
should be abandoned in favor of the current owners of the lots burdened with said
easements. The easements being abandoned are as follows:
Being the five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 12,
13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B, Waterside Estates
No. 1, An Addition to the City of Coppell, Dallas County, Texas, as shown on the
plat thereof recorded in Volume 91251, Page 3040, Plat 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 easements as above described and abandons, conveys, and relinquishes all
such public interest the City may have in and to said easements to each underlying fee
simple owner of said lots.
SECTION 3.
That the abandonment of the City's interest in said easements shall constitute a
quitclaim in favor of each of the underlying fee simple owners of said lots 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 easements, 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.
98111 O3639
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 25 day
of May , 1993.
Tom Morton
MAYOR
ATTEST: - . ,
Linda Grau
,ASST. CITY SECRETARY
APPROVED AS TO FORM'
Lawrence W. Jackson
CITY ATTORNEY -
COO93-0426
STATE OF TEXAS
COUNTY OF DALLAS
AFFIDAVIT OF CONSENT OF UTILITY COMPANY
TO ABANDON UTILITY EASEMENT
Utility Easement:
Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8,
9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B,
Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County,
Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040,
Plat Records, Dallas County, Texas.
Whereas, said lots and tracts of land are subject to the utility easement mentioned
above; and
Whereas, said utility easements are blanket easements for the benefit of utility
companies, as set out on the plat above named; and
Whereas, the Owners of said lots desire to have the easements abandoned; and
Whereas, all utilities have been installed at the front of said lots and due to limited
access the rear utility easements shown on the plat of each lot will not be needed for
future utility installation.
Now, Therefore, premises considered, the undersigned utility consents to the
abandonment of the 5 foot utility easement located at the rear of each of the above
mentioned lots and does hereby fully release and abandon its rights in and to the
aforesaid platted easements and requests the City of Coppell to take such further action
as is necessary to fully abandon said easements.
EXECUTED this 11 day of May ,1993.
PARAGON CABLE COMPANY
Name:
Title:
98111 03642 EXHIBIT ''1"
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the 11th day of May
1993 by Bob Macioch KDirector of Engineering
(name of officer) (title of officer)~
(name of corporation) (state of incorporation)
on behalf of said corporation. ~_~?~
Notar~ Public, Sta. t/e of Texas
Printed Name of Notary
My Commission expires: /o//7
98111 036h3
STATE OF TEXAS
COUNTY OF DALLAS
AFFIDAVIT OF CONSENT OF UTILITY COMPANY
TO ABANDON UTILITY EASEMENT
Utility Easement:
Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8,
9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B,
Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County,
Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040,
Plat Records, Dallas County, Texas.
Whereas, said lots and tracts of land are subject to the utility easement mentioned
above; and
Whereas, said utility easements are blanket easements for the benefit of utility
companies, as set out on the plat above named; and
Whereas, the Owners of said lots desire to have the easements abandoned; and
Whereas, all utilities have been installed at the front of said lots and due to limited
access the rear utility easements shown on the plat of each lot will not be needed for
future utility installation.
Now, Therefore, premises considered, the undersigned utility consents to the
abandonment of the 5 foot utility easement located at the rear of each of the above
mentioned lots and does hereby fully release and abandon its rights in and to the
aforesaid platted easements and requests the City of Coppell to take such further action
as is necessary to fully abandon said easements.
EXECUTED this 3rd day of May , 1993.
T.U. ELECTRIC COMPANY
Name: ~/~:~,¢'
Title: .5 ~ v~r_. -~' ?L~,.~Z_-
98111 036[ t
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged,before me on the 3rd day of May ~-~
o
1993, by Glenn Fabian . Service Planner
(name of officer) (title of officer)
(name of corporation) (state of incorporation)
on behalf of said corporation. -N oT~'~~u
Printed
Name
of
Notary
My Commission expires: /°//7//~'~
· 98111 036[ 5
STATE OF TEXAS
COUNTY OF DALLAS
AFFIDAVIT OF CONSENT OF UTILITY COMPANY
TO ABANDON UTILITY EASEMENT
Utility Easement:
Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8,
9, 12, 13, 14, !5, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B,
Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County,
Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040,
Plat Records, Dallas County, Texas.
Whereas, said lots and tracts of land are subject to the utility easement mentioned
above; and
Whereas, said utility easements are blanket easements for the benefit of utility
companies, as set out on the plat above named; and
Whereas, the Owners of said lots desire to have the easements abandoned; and
Whereas, all utilities have been installed at the front of said lots and due to limited
access the rear utility easements shown on the plat of each lot will not be needed for
future utility installation.
Now, Therefore, premises considered, the undersigned utility consents to the
abandonment of the 5 foot utility easement located at the rear of each of the above
mentioned lots and does hereby fully release and abandon its rights in and to the
aforesaid platted easements and requests the City of Coppeil to take such further action
as is necessary to fully abandon said easements.
EXECUTED this 13 day of May ,1993.
LONE STAR GAS COMPANY
Name: _~..~.. p... ~,~
Title: ~ fl-~-5 /~__~
98111 0361 6
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS
A,b s
This instrument was acknowledged befor
e me on the 13th day of May Sales Rep.
1993 by Bryan R. Todd - (name of officer) (title of officer)
Lone Star Gas
(name of corporation) (state of incorporation)
on behalf of said corporation.
Notary Public, State~f Texas
//7/~ Printed Name of Notary
My Commission expires: ,¢'c~ ,
98111 03647
STATE OF TEXAS
COUNTY OF DALLAS
AFFIDAVIT OF CONSENT OF UTILITY COMPANY
TO ABANDON UTILITY EASEMENT
Utility Easement:
Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, $,
9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B,
Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County,
Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040,
Plat Records, Dallas County, Texas.
Whereas, said lots and tracts of land are subject to the utility easement mentioned
above; and
Whereas, said utility easements are blanket easements for the benefit of utility
companies, as set out on the plat above named; and
Whereas, the Owners of said lots desire to have the easements abandoned; and
Whereas, all utilities have been installed at the front of said lots and due to limited
access the rear utility easements shown on the plat of each lot will not be needed for
future utility installation.
Now, Therefore, premises considered, the undersigned utility consents to the
abandonment of the 5 foot utility easement located at the rear of each of the above
mentioned lots and does hereby fully release and abandon its rights in and to the
aforesaid platted easements and requests the City of Coppell to take such further action
as is necessary to fully abandon said easements.
EXECUTED this 10th day of May , 1993.
GENERAL TELEPHONE COMPANY
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me o n the 10th day of May
1993, by Jerry Davis Engineering OSP
(name of'Officer) of office'"r)
General Telephone Texas
(name of corporation) (state of incorporation)
on behalf of .id corporation. ~~ ~ j~
N~ta~ Public, S~e of Texas
~O/~/~~~ Printed Name of Nota~
My
Commission
expires:
98111 036~9
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I, the undersigned, City Secretary of the City of Coppell, Texas, a municipal
corporation, in the performance of the function of my office, hereby certify that the
attached ordinance is a full, true and correct copy of Ordinance No. 93603as the same
appears in the records of the official ordinance book of the City, having been adopted by
the City Council of the City of Coppell, Texas, on the .25 day of
May ,19 93, and that I am the lawful possessor and have
legal custody ofsuch record.
WITNESS MY HAND AND SEAL OF OFFICE at rny office in Coppell, Texas, this
the 7 day of JUne , 19 93.
Linda Grau
Cify Secretary, Asst
City of Coppell, Texas
Any provisio~ herein which restricts the $~e, rental, or u~e et
,Jsscribed real prope~ ~cau~ of col~ ~ race i~ invalid
.~ STATE OF TE~S COU~ OF DALES
' ~ I hereby cedi~ this instrument ~as fil~d on the d~te and time
stamped her~n by me and was duly recorde~ in the vulume and
page of the n~ed r~¢~s of Dallas Count. Texas as st~
JUN -9 PM 12:25 ~'~" ~' ~'
1998
.~ j~.. ,,.~.~_L~~ JUN 9
~-~JJ COUN~ CLERK, Dallas Count, T~as