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OR 93-591 Abandons street easement south of Beaver RunAN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. g3,fq1 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE ABANDONMENT OF A PORTION OF A STREET EASEMENT LOCATED WITHIN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS AND WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM IN FAVOR OF THE OWNER OR OWNERS OF THE UNDERLYING FEE SIMPLE; PROVIDING THATTHIS ORDINANCE MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, acting pursuant to law, and upon the request of property owner Westchester Homes, deem it necessary and in the public interest to abandon that portion of the street easement hereinafter described and is of the opinion that such portion of said roadway easement is not needed for street public use and that the same should be abandoned and quitclaimed in favor of the owner or owners of the underlying fee simple; and AGG03840 93042 5869 WHEREAS, the City Council of the City of Coppell and the above mentioned property owner(s) have agreed that upon the abandonment of said roadway easement the City of Coppell shall have and exercise no further rights in and to said portions of said roadway for street and roadway purposes and that said property owner(s) shall, in consideration of such abandonment, assume all maintenance and responsibility for the same; and WHEREAS, pursuant to statutes of the State of Texas, the City of Coppell has the power to abandon such street easement and convey such easement interest to property owners owning the underlying fee simple; and WHEREAS, the City Council of the City of Coppell finds, that said easement overlays a small narrow strip of land that is owned by others in fee; that such narrow strip of easement has no fair market value; that the continued maintenance of such narrow strip of easement will exceed its present fair market value; and that it should be abandoned in favor of the property owners of the underlying fee simple so that they may assume maintenance and responsibility for the same; and WHEREAS, the City Council of the City of Coppell finds that the best interest and welfare of the public will be served by abandoning the easement hereinafter described in favor of the property owners of the underlying fee simple. NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. Pursuant to Section 272.001 Texas Local Government Code the street easement described in Exhibit A and shown as the hash marked area of Lot 20 on Exhibit B, said exhibits being attached hereto and made a part hereof, be and the same is hereby abandoned and vacated insofar as any right, title and easement for public street purposes are concerned and that such abandonment be in favor of the owners of the underlying fee simple of said property. That this abandonment ordinance shall constitute a quitclaim in favor of the owner or owners of the underlying fee simple of said Lot 20, as shown on attached Exhibit B. That a certified copy of the this ordinance may be filed in the deed records of Dallas County, Texas, to indicate such abandonment and conveyance. That this abandonment, conveyance and relinquishment to the underlying fee simple owners, provided for herein, shall extend only to the public street easement or interest for street purposes that the governing body of the City of Coppell may legally and lawfully abandon, vacate, and convey. SECTION 2. If any article, paragraph or subdivision, clause or provision of this ordinance shall be judged 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 declared to be invalid or unconstitutional. SECTION 3. The City of Coppell acknowledges the findings set forth above to be true and correct and hereby, in its legislative discretion, adopts and incorporates such findings into this ordinance for all purposes. aJO lC JJ 0 SECTION 4. 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, the day of 1993. APPROVED: %ROVE9 A O FPRN �� CITY ATTORNEY COO93-0108 MAYO ATTEST: ` ?JU-iC JV! CITY SECRETARY 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. < ;) as 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 7( day of '.'A 2 c eulxt 19 `i 3 , and that I am the lawful possessor and have legal custody of such ecord. WITNESS MY HAND AND SEAL OF OFFICE at my office in Coppell, Texas, this the > day of City Secret City of Coppell, Texas 'D0'1%,9 vu/2 ACCESS EASEMENT TO BE ABANDONED BEING a 25 foot wide strip of land situated in the Alfred Logsdon Survey, Abstract No. 783 in Dallas County, Texas and also being part of Lot 20 in Block "A" of Pecan Valley, an addition to the City of Coppell as recorded in Volume 91226, Page 4392 of the Deed of Records of Dallas County, Texas and being more particularly described as follows: BEGINNING at a point on the south line of a cul-de-sac for Beaver Run Drive, said point being the northwest corner of the above said Lot 20; THENCE N. 88017'12" E., 25.00 feet along the said south line of Beaver Run Drive to a point for corner; THENCE S. 01042148" E., 110.00 feet leaving the said south line of Beaver Run Drive to a point for corner; THENCE S. 88017112" W., 25.00 feet to a point that is the southwest corner of the above said Lot 20; THENCE N. 01042148" W., 110.00 feet along the west line of said Lot 20 to the Point of Beginning and containing 2750 square feet of land. Westchester Homes J 'LLEY s, 4.992 Pi2OPOSEO.4.B,4AI,0OAlIP16-VT OF ACCESS E,4SE"zz--A1T C/TY OF / AL F,2E0 L OGSOON SUPIiEY, ABST. 783 DALLAS COUNTY TEXAS DAN M. DOWDEY & ASSOCIATES , IN -C. scale i'=469'oeto i2 -2z-92 16250 DALLAS PARKWAY SUITE 100 Job No. (2 14) 931-0694 DALLAS, , TEXAS 75248 c0 eye 4-ru�e.�! G /y avc- ��- .�V; 4 °{end .t sa1a. rentals InvaV the Anl` nt rerR herein y>'Iboo use of color ,�,� OF t�Aa�Am tsN^ ae'`r �~�d6abae D�nderf federal Co° dtVnl eJ9sa tstnW u ne;�totc `f his Stl f,pa o(de i. as x 1 h,e ceOtiM1 n b�Y Oleo, eg t;amD the n6m �areon C1.ER FJu;„� .- C©UNC