OR 92-556 Abandons utility easement, Waterford at Lake Park addition c~u6?Y CC£RK'S M~MO
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AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 92556
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING
CERTAIN UTILITY EASEMENTS ON LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11,
12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29,
BLOCK E, WATERFORD AT LAKE PARK ADDITION TO THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, PROVIDING THAT SUCH
ABANDONMENT SHALL BE IN FAVOR OF THE ADJACENT PROPERTY
OWNER 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 easements hereinafter described and that
the Utility Companies having interests therein have filed an affidavit of consent to abandon
the same, a copy of which is 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 City Council has heretofore adopted an ordinance to abandon said
easements on lots 5, 9, 21, 22, and 29, the same are again included in this ordinance for
the purpose of continuity; and
WHEREAS, the current owners of the properties on which said easements exist
desire that such easements be abandoned; and
AGG02272
9213 7 G8
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,
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 each of the lots burdened with
said easements. The easements being abandoned are as follows:
Being the ten (10) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9,
10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29,
Block E, Waterford At Lake Park, an Addition to the City of Coppell, Dallas County,
Texas, as shown on the plat thereof recorded in Volume 91170, Page 2650, filed
August 30, 1991, Plat Records, Dallas County, Texas. Said lots also being shown
on the plat attached as Exhibit A of, 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 the underlying fee
simple owner of each of said lots.
SECTION 3.
That the abandonment of the City's interest in said easements shall constitute a
quitclaim in favor of the underlying fee simple owner of each 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.
AGG02272
92132 7669
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 cases provides.
DULY. PASSED by the City Council of the City of Coppell, Texas, this the 26 day
of June ,1992.
APPROVED:
MAYOR'
ATTEST:
CITY SECRETARY
CITY ATTORNEY
C0092-0501
9213 767O
AFFIDAVIT OF CONSENT OF UTILITY COMPANIES
TO ABANDON UTILITY EASEMENT
Property: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21,
22, 23, 24, 25, 26, 27, 28, and 29, Block E, Waterford at Lake Park, an
Addition to the City of Coppell, Dallas County, Texas, according to the plat
thereof recorded in .Volume 91170, Page 2650, filed for record August 30,
1991, Plat Records, of Dallas County, Texas.
Utility Easement: Ten foot utility easements at the rear of each of the above mentioned
lots as shown on the plat filed August 30, 1991, Volume 91170, Page
2650 Plat Records of Dallas County, Texas. Said lots and easements
also being shown on the plat attached hereto as Exhibit "A" and
made a part hereof for all purposes.
Whereas, the properties referenced above are subject to the utility easements
referenced above; and
Whereas, said utility easements are blanket easements for the benefit of utility
companies, as certified in the subdivision wherein the properties are located; and
Whereas, the utility companies having interests therein are T.U. Electric, Lone Star
Gas, General Telephone, and Paragraph Cable; and
Whereas, the Owners of said lots desire to have the easements abandoned; and
Whereas, all utilities have already 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.
AGG02218
EXHIBIT ' "1 "
92132 7671
Now, therefore, premises considered, each of the aforesaid utility companies
consent to the abandonment of the 10 foot utility easement located at the rear of each
of the above mentioned lots and do hereby fully release and abandon its rights in and to
the aforesaid platted easements and request the City of Coppell to take such further
action as is necessary to fully abandon said easements.
EXECUTED this 26 day of mAY. ,1992.
T.U. ELECTRIC COMPANY
LONE STAR GAS COMPANY
GENERAL TELEPHONE COMPANY
PARAGON CABLE
Name:
Title:
92132 7672
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the day of
~V~(;U~ , 1992, by ~' L3L)~ ,..~, ---. ,- ,--I, rl~ , as
on behalf of T.U. Electric Com~atny.
NOTARY PUBLIC, STATE OF TEXAS
! ~'~ NOTARY PUBLIC t ~
l~,~J/J ~ate of Texas
J_~ ~mm. Exp. ~3-~4 Nota~'s Printed Name
Nota~'s Commission ~pires
STATE OF TEXAS
COUNTY Of DALLAS
This instrument was acknowledged before me on the ~ day of
¢7~.-/ ' 1992' bY "~" ~' ~'/ar6t~'¢"- , as
(/¢ ~ ,~ . on behalf of Lone Star Gas Company.
. ..' ~,~.. ...., ~,,-,,.,,
;-' '"' :':' "..~ :" Notaw's Printed Name -
Nota~'s Commission Expires
92t3 7673
STATE OF TEXAS
COUNTY OF DALLAS
This~.ns?ument was acknowledged befor~/~rne on th~~ day of
, 1992, by ~ , as
~.S/~. ~ on behalf of General TelephOne C~pany.
NOTARY PUBLIC, STATE OF TEXAS
UNDA LEE ~I'~U
I
STATE OF TEXAS ~.. / ~ ~ ~ ~-~
~ 1~, lW4 Nota~'s Printed Name
RotaO's ~mmission fixpir~s
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before,me on the ~ day of
,,~r~ ~ ~z_~.,) on behalf of Paragon Cable.
NOTAR?-~BLIC, ~AT~ OF TE~8
.. ~. - Nota~'s Oo~mission Expires
9213 767
~,~ ~'~ ~ LAKE PARK ADDITION
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