OR 2013-1363 Willow Lane ROW
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 2013-1363
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A RIGHT OF WAY EASEMENT, DEDICATED AS
WILLOW LANE, NORTH OF AND ADJACENT TO TRACT NO. 4 BLOCK
A, SHADYDALE ACRES SUBDIVISION (153 OAK TRAIL), AS
DESCRIBED IN EXHIBITS "A" AND "B" ATTACHED HERETO, IN
FAVOR OF THE ABUTTING PROPERTY OWNER TO THE SOUTH;
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 RIGHT OF WAY
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 WITH THE COUNTY CLERK OF DALLAS COUNTY
TEXAS; AUTHORIZING THE MAYOR TO SIGN; PROVIDING A
SEVERABILITY CLAUSE, AND PROVIDING AN EFFECTIVE DATE.
WHEREAS
, the City Council of the City of Coppell has determined that the right of way
easement located adjacent to Tract No. 4 Block A of the Shadydale Acres Subdivision (153 Oak
Trail), 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 to the south desires that said right of way
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
28,399.71
the easement to be abandoned to be $.
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 right of way easement or any other public use located adjacent to Tract No. 4 Block A of the
Shadydale Acres Subdivision (153 Oak Trail), 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,
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abandoned in favor of the abutting property owner to the south, 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 right of way easement being
abandoned has been determined by an appraisal to be $28,399.71.
SECTION 3. That upon payment of $28,399.71 to the City by the abutting property
owner to the south, this abandonment ordinance shall constitute a Quitclaim Deed in favor of the
abutting property owner to the south, 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. If any article, paragraph, subdivision, clause or provision of this
ordinance, as hereby amended, be adjudged invalid or held unconstitutional for any reason, such
judgment or holding shall not affect the validity of this ordinance as a whole or any part or
provision thereof, as amended hereby, other than the part so declared to be invalid or
unconstitutional.
SECTION 6. That this ordinance shall become effective from and after its passage as
the law and charter in such case provide.
ULY PASSED by the City Council of the City of Coppell, Texas, this the ,2_1
day of 013.
AP"OV .:
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REN ELBO H 'T, MAYOR
ZRI T:
STEL PE OS, CITY S CRETARY
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APPRO a I AS TO FORM:
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ROBERT E. HA / ' , CITY ATTORNEY
(REH/mpm TM 63333)
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T M [ • C I T Y • O I
CoPPELL
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EXHIBIT "A"
LEGAL DESCRIPTION FOR A PORTION OF
WILLOW LANE
RIGHT OF WAY ABANDONMENT
BEING an 8231.8 sq.ft. (0.1890 acre)tract of land in the City of Coppell, Dallas County,
Texas, and being situated in the George W. Jack Survey, Abstract Number 694, and being
a portion of a 28.25 acre tract of land described in deed as Shadydale Acres, and recorded
in Volume 42, Page 95, Deed Records of Dallas County, Texas, (D.R.D.C.T.), and being
more particularly described as follows:
COMMENCING at the intersection of the West line, extended, of Oak Trail, a 60'
R.O.W., and the South line of Willow Lane,extended, a 30' R.O.W., in Shadydale
Acres, and recorded in Volume 42, Page 95, Deed Records of Dallas County, Texas,
(D.R.D.C.T.), from which an iron pin set for corner bears South 85.0', said corner being
the Northeast corner of Lot 4B Block A, as described in the Shadydale Acres Tract 4
replat, and recorded in Volume 82124, Page 2636 Deed Records of Dallas County, Texas,
(D.R.D.C.T.);
THENCE North 00 degrees 00 minutes 00 seconds East from the Point of Commencing,
a distance of 30.15 feet along the said West line of said Oak Trail R.O.W. to a point on
the North R.O.W. line of said Willow Lane, to the POINT OF BEGINNING;
THENCE North 86 degrees 34 minutes 00 seconds West, a distance of 270.51 feet along
the North line of said Willow Lane R.O.W. to a point for corner;
THENCE South 00 degrees 00 minutes 00 seconds East, departing said North line of said
Willow Lane R.O.W., a distance of 30.05 feet along the West line of said Shadydale
Acres, same line being the East line of Summer Place, as recorded in Volume 86116,
Page 923, Deed Records of Dallas County, Texas, (D.R.D.C.T.),to a point for corner,
said point being in the South line of said Willow Lane R.O.W and the Northwest corner
of the remainder of Tract 4, known as Lot 4, of said Shadydale Acres;
THENCE South 86 degrees 34 minutes 00 seconds East, a distance of 246.96 feet along
the South line of said Willow Lane R.O.W and the North line of said Shadydale Acres
Lot 4 to a point of curvature;
THENCE Southeasterly along a curve to the right having a radius of 25.00 feet and an
arc length of 37.77 feet to a point of tangency, said point being on the West R.O.W. line
of said Oak Trail;
THENCE North 00 degrees 00 minutes 00 seconds East, a distance of 53.60 feet along
the West R.O.W. line of said Oak Trail to the Point of Beginning, and containing 8231.8
square feet or 0.1890 acres of land, more or less.
Basis of Bearing is the west line of said 28.25 acre tract of land, Shadydale Acres,
described in Volume 42, Page 95, D.R.D.C.T.