OR 93-590 Abandons street easement south of Beaver Run1�
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 9SS90
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 owners Kristan A. Covey and Cassandra R. Covey,
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
93042 5862
AGG03835
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 21 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 21,
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.
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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 (r day
of LuL14 1993.
APPROVED:
PVROVED AS ZF
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CITY ATTORNEY
COO93-0107
MAY
ATTEST:
a i 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 Cpuncil of the City of Coppell, Texas, on the 11 day of
rt 19, and that I am the lawful possessor and have
legal custody of sur record.
WITNESS MY HAND AND SEAL OF OFFICE at my office in Coppell, Texas, this
the day of f . , k;2< ..a « 19'? 3.
CitySecreta
City of Coppell, Texas
J D0S
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 21 in Block "A" of Pecan Valley, an addition to
the City of Coppell as recorded in Volume 91226, Page 4392 of the
Deed 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 also being the northeast corner of
the above said Lot 21;
THENCE S. 01042'48" E., 110.00 feet along the east line of
said Lot 21 to a point that is the southeast corner of said Lot 21;
THENCE S. 88017112" W., 25.00 feet to a point for corner;
THENCE N. 01042148" W., 114.99 feet to a point for corner on
the said south line of Beaver Run Drive, said point also being in
a curve to the left running in a southeasterly direction and having
a central angle of 25048144" a radius of 50.00 feet and a chord
bearing of S. 78048'26" E.;
THENCE along said curve, and the said south line of Beaver Run
Drive, 22.53 feet to the end of said curve;
THENCE N. 88017'12" E., 3.23 feet continuing along the said
south line of Beaver Run Drive to the Point of Beginning and
containing 2785 square feet of land.
Kristan A. Covey and
Cassandra R. Covey
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0,41-Z,45 COUNTY , TEXAS
20
DAN M. DOWDEY & ASSOCIATES , IN,C. Scaiai<a° Date lo -02-92
16250 DALLAS PARKWAY SUITE 100 JobNo. 9�-?-0¢¢
(2141931-0694 DALLAS, , TEXAS 75248
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Any provision beret" which restricts the s»le, rental w use u,
Oesrrlbed reel property beoeuse o+ color or race is tnvslld a...
unenforceable under federal law,
STATE OF TEXAS COUNTY OF OA! !.AS
I htreby certify this Instrument as. filed cn the date and Nora
siar Ded hereon by me and was duly recorded In the volume and
psge of the Hamad reoards of Dallas County, Texas as stamped
;nerean by "
MR 8 1993
COUNTY CLERK, Dallas County, Texas