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OR 92-547 Abandons a street right-of-wayORDINANCE FOR THE CITY OF COPPELL, TEXAS ORDINANCE NO. 9a ,,,s" 7 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE ABANDONMENT OF STREET RIGHT-OF-WAY AND THE CLOSING OF A PORTION OF BETHEL SCHOOL ROAD (HARRIS STREET) IN THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY, TEXAS; RESERVING UNTO THE CITY OF COPPELL A GENERAL UTILITY EASEMENT AND WATER LINE EASEMENT OVER AND INTO THE AREA ABANDONED; 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 adjacent property owners Carmen & Street, a Texas Partnership and Ruby McDowell, an individual, deem it necessary and in the public interest to abandon and close the hereinafter described portions of said roadway and is of the opinion that such portions of said roadway are not needed for street public use and that the same should be abandoned and quitclaimed to the adjacent property owners; and WHEREAS, the City Council of the City of Coppell and the adjacent property owners have agreed that upon the abandonment and closure of said roadway the City of Coppell shall have and exercise no further rights in and to said portions of said roadways for street and roadway purposes and that adjacent property owners shall assume all maintenance and responsibility for any portion of said roadways that adjacent property owners continue to use as a private road; and WHEREAS, pursuant to statutes of the State of Texas, the City of Coppell has the power by ordinance, to vacate and abandon a street upon the request of the owners of real property abutting such street; and WHEREAS, Ruby McDowell and Carmen & Street, are the owners of the real property abutting the hereinafter described street to be abandoned and have requested that the City of Coppell vacate, abandon and close such street for street purposes; and WHEREAS, the City of Coppell finds that said property is a narrow strip of land, not capable of being used independently as zoned or under applicable subdivision or other development control ordinances and should be exchanged for such other property to be dedicated by the adjacent property owners for the construction of a cul-de-sac at one point of closure of such roadway; and WHEREAS, the City Council of the City of Coppell is of the opinion that the best interest and welfare of the public will be served by accepting dedication of the area for the construction of the cul-de-sac and that the best interest and welfare of the public will be served by abandoning for street purposes the hereinafter described land in favor of the adjacent property owners, but retaining therein a general utility easement and water line easement; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. Pursuant to Article 1175(5) and the Charter of the City of Coppell, Texas, the tract of land described in Exhibits "A" and "B" which are attached hereto and made a part hereof, be and the same are hereby abandoned, vacated and closed insofar as the right, title and easement for public street purposes are concerned and that such abandonment be in favor of Carmen & Street, a Texas Partnership, the abutting property owner and owner of the underlying fee simple to said property. That this abandonment ordinance shall constitute a quitclaim in favor of Carmen & Street, a Texas Partnership, said abutting property owner, and a certified copy of the same may be filed in the deed records of Dallas County, Texas, to indicate such abandonment and the acceptance by such property owner of all future responsibility for maintenance of said property in the event any portion of the same is maintained as a private road, including any street surface, bridge or creek crossing permitted by such property owner to continue to exist and be used in connection with the private roadway. That this abandonment, conveyance and relinquishment to the underlying fee simple owner, provided for herein, shall extend only to the public street right-of-way, title, easement, and/or interest for street purposes that the governing body of the City of Coppell may legally and lawfully abandon and vacate, and the City of Coppell reserves unto itself and does not relinquish or abandon its water line easement and general utility easement over and under the property herein described. SECTION 2. Pursuant to Article 1175(5) and the Charter of the City of Coppell, Texas, the tract of land described in Exhibit "C which is attached hereto and made a part hereof, be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement for public street purposes are concerned and that such abandonment be in favor of Ruby McDowell, the abutting property owner and owner of the underlying fee simple to said property. That this abandonment ordinance shall constitute a quitclaim in favor of Ruby McDowell, said abutting property owner, and a certified copy of the same may be filed in the deed records of Dallas County, Texas, to indicate such abandonment and the acceptance by such property owner of all future responsibility for maintenance of said property in the event any portion of the same is maintained as a private road, including any street surface, bridge or creek crossing permitted by such property owner to continue to exist and be used in connection with the private roadway. That this abandonment, conveyance and relinquishment to the underlying fee simple owner, provided for herein, shall extend only to the public street right-of-way, title, easement, and/or interest for street purposes that the governing body of the City of Coppell may legally and lawfully abandon and vacate, and the City of Coppell reserves unto itself and does not relinquish or abandon its water line easement and general utility easement over and under the property herein described. SECTION 3. 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 4. The City of Coppell acknowledges that all findings set forth above to be true and correct and hereby adopts and incorporates such findings into this ordinance for all purposes. SECTION 5. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY PASSED by th City Council of the City of Coppell, Texas, the / r day Of i 1992. APPROVED: ATTEST: APPROVED AS TO FORM: CITY ATT EY f� BY MCDOWELL IIY CRETARY r APPROVED: CO92-0303 CARMEN & STREET, a Texas Partnership By 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.< 7i Y 7 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 / L/ day of L�A) �' / , 1992, and that I am the lawful possessor and have legal custody/of such record. WITNESS MY HAND AND SEAL OF OFFICE at my office in Coppell, Texas, this the j,2 day of /'L 1- ye 1992. Dorothy Tirr} n6m, City Secretary City of Coppell, Texas (Seal) AGG02258 EXHIBIT "A" Jay ,v 8 J� to., s�e`ioe Sr.P d a< GpP0 e��Q T PROPOSED _BROCK STREET (50' R.O.W.) R = 50.00' L = 46.3T c = 44.7z CB. = N 63'48'54" E o -O y �sr c 00 GPAasG;o / a / 2 m S 841OT41' W 2120' GOODWIN J _ M ARSHALL K CIVIL ENGINEERS - PLANNERS - 6URVEY0RI, tae 0.055 Ac. 2,415 SF. co N t Y►v Pg1 89�1� i 0� 5 J30 GB' PGS o S 37'15'01'W 10.08' POINT OF BEGINNING N — SCALE: 1" = 30' SCALE: r = 30' OA1 E: MARY 1112 W.O. N+ gm REVISED I or LLUAL DES-IRIP ilON Being a 0.055 acre tract of land in the J.W. Anderson Survey, Abstract No. 18, situated in the City of Coppell, Dallas County, Texas and being more particularly described as follows: COMMENCING at a 5/8" iron pin found in the South line of a tract conveyed to William M. Wilson, Jr. in deed recorded in Volume 79050, Page 1553 of the Deed Records of Dallas County, Texas, said iron pin found also being on the West right-of-way line of Bethel School Road (35' R.O.W.); THENCE N 89°30'21" E, 35.53 feet to a 1/2" iron pin set on the East right-of-way line of Bethel School Road; TI IENCE S 09°24'37" W, along the East right-of-way line of Bethel School Road, 74.00 feet to a 1/2" iron pin set; THENCE S 37°15'01" W, along the East right-of-way line of Bethel School Road, 10.08 feet to a 1/2" iron pin set for the POINT OF BEGINNING of the herein described tract; THENCE S 37015'01" W, along the East right-of-way line of Bethel School Road, 104.00 feet to a 1/2" iron pin set; THENCE S 1319'47" W, along the East right-of-way line of Bethel School Road, 36.98 feet to a 1/2" iron pin set; THENCE S 84007'41" W, 21.20 feet to a lit" iron pin set; THENCE N 13°29'47" E, 48.21 feet to a 1/2" iron pin set; THENCE N 37015'01" E, 68.20 feet to a lit" iron pin set, said iron pin being the point of curvature of a circular curve to the left having a radius of 50.00 feet, a central angle of 53°07'50", a chord length of 44.72 feet and a chord hearing of N 63"48'54" E; THENCE along said curve to the left, 46.37 feet to the POINT OF BEGINNING and containing 0.055 acres or 2,415 square feet of land, more or less. /—Z I/ - V C-� (jOODWINJ COW ZOOM$ - t uerlvoar, u�t � fOtIT 1td1iN, t5 t�IM SCALE: Now DALE: SEPT IM . W.O. to 2M DEVISED UPDAMD --I MOST 2 or EXHIBIT "B" �y �SO� oo. �aSQa��g�Sr.Q G 6\v `a a POINT OF BEGINNING PROPOSED BROCK STREET (50' R.O.W.) IV as Wvo M� s Ci �8 Gg �e a 0.27 Ac. 5,525 SF. ---d d4`0T4P' W 152a GOODWIN J M_ARSHAII I CIVIL MUNIM — PLAlp MI — SMVNVM& GROG �, p1 fcP g�R� S 3r160r W 10.08' R = 50.00' L = 48.3r c = 44.7x CB.: S 83.4834- W SCALE: 1" = 30' /-0%-57z, KALE: r s 3a =; DATE:jugm im W.to W2 tvaEn LEGAL DESCRIPTION Being a 0.127 acre tract of land in the J.W. Anderson Survey, Abstract No. 18 and the E.A. Crow Survey, Abstract No. 301, situated in the City of Coppell, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 5/8" iron pin found in the South line of a tract conveyed to William M. Wilson, Jr. in deed recorded in Volume 79050, Page 1553 of the Deed Records of Dallas County, Texas, said iron pin found also being on the West right-of-way line of Bethel School Road (35' R.O.W.); THENCE N 89030'21" E, 35.53 feet to a 1/2" iron pin set on the East right-of-way line of Bethel School Road; THENCE S 09'24'37" W, along the East right-of-way line of Bethel School Road, 74.00 feet to a 1/2" iron pin set; THENCE S 37015'01" W, along the East right-of-way line of Bethel School Road, 10.08 feet to a 1/2" iron pin set, said pin being the point of curvature of a circular curve to the right having a radius of 50.(H) feet, a central angle of 53°07'50", a chord length of 44.72 feet and a chord bearing of S 63°48'54" W; THENCE along said curve to the right 46.37 feet to a 1/2" iron pin set; THENCE S 37015'01" W, 68.20 feet to a 1/2" iron pin set; THENCE S 13°29'47" W, 48.21 feet to a 1/2" iron pin set; THENCE S 84°07'41" W, 15.90 feet to a 5/8" iron pin found on the West right-of-way line of Bethel School Road; THENCE N 13°29'47" E, along the West right-of-way line of Bethel School Road, 56.64 feet to a 518" iron pin found; THENCE N 37015'01" E, along the West right-of-way line of Bethel School Road, 112.77 feet to a 5/8" iron pin found; THENCE N 09°24'37" E, along the West right-of-way line of Bethel School Road, 59.22 feet to the POINT OF BEGINNING and containing 0.127 acres or 5,525 square feet of land, more or less. GOODWINJ ARSHALL I — CIVIL SNOINdRIM - PLANNIP.S - SUNV6006 SCALE: fM 2 or 2 DATE: MFrW W.O. IM 9M PEVISEO 6001 eRD9t etIEET.-Mite we FORT wmM TE 741U EnH!E35j.00' •• •• / BEGIN N 84°07'41" k — —F thele---- Ex stn9 N 0 20 40 SCALE: 1" = 40' �� x EXISTING RIGHT-OF-WAY ROAD (to be abandoned) ROADWAY AND EXISTING DOCUMENT SHOWING EMI LOCATED OR EXAMINED. 0 Ev WIDTH OF BETHEL SCHOOL IS BASED ON OCCUPATION BY THE AGE TO THE NORTH. NO RECORDED -OF-WAY DEDICATION HAS BEEN BETEL ROAD NOTES BEARINGS BASED ON GOODWIN ]Y�A,RS HALL CIVIL ENOIREER9 — PLANNERS.— SUttVB'lo iS, 1091 BMTOBE BTTEFT, BUT[ lee TQRT WORTH, TERAS 1611! D N 89059'28" W 35.00' 3' SCALE: 1" [ 40' sT-70'01 DATE JANUARY 1992 W.D. N4 gm oft REVISED Z LEGAL DESCRIPTION Being a 0.331 acre tract of land in the J.W. Anderson Survey, Abstract No. 18, situated in the City of Coppell, Dallas County, Texas and being more particularly described as follows: COMMENCING at a 5/8" iron pin found in the South line of a tract conveyed to William M. Wilson, Jr. in deed recorded in Volume 79050, Page 1553 or the Deed Records of Dallas County, Texas, said iron pin found also being on the West right-of-way, line of Bethel School Road (35' R.O.W.); TIIENCE N 89°30'21' E, 35.53 feel to a 1/2" iron pin set on the last right -or -way line of Bethel School Road; TIIENCE S 09°24'37" W, along the East right-of-way line of Bethel School Road, 74.00 feel to a 1/2' iron pin sel;'111ENCE S 37°15'01" W, along the last right-of-way line of Bethel School Road, 114.08 feet to a 1/2" iron pin set; TIIENCE S 13°29'47" W, along the East right- of-way line of Bethel School Road, 36.98 feet to it 1/2" iron pin set for the POINT OF BEGINNING; THENCE S 06001'46" E. 330.30 feet to a 1/2" iron pin set; TIIENCE S 00°30'34" W, 84.02 feet to a 1/2" iron pin set; TIIENCE N 89059'26" W, 35.00 feet to a 1/2" iron pin set; TIIENCE N 00030'34" E, 82.32 feet to a 1\2" iron pin set; TIIENCE N 06001'46" W, 328.39 feet to a 1/2" iron pin set; THENCE N 8400741" E, 35.00 feet to the POINT OF BEGINNING and containing 0331 acres or 14,438 square feel of land, more or less. (; UVDIVIN 014 _-j4 AR5I TALL CIVIL ENGINEERS - PLANNERS _ SURVEYORS, 0001 BIINGE OIIIEEt, OUIE 100 Font WORtiI, iEXAO 10112 1—Z%'9Z k ALE: F • NOM IS _ MIARY 1992 2 o W- 9272 OR REVISED 1 EXHIBIT "A" 1$ P. • ecpo d en vo Gpa�G POINT OF PROPOSED _BROCK STREET (50' R.O.W.) R = 50.00' L = 48.3T C = 44.72' CB. = N 63'48'54" E s. �go- 00 S 84.OT41' W 2w GOODWINI MARS HALL K CIVIL 114040 1109 -• PLANNEM - IUMVEYOR& aml woad of t. alto tae Fm WORK Ma ms I 0.055 Ac. 2,415 SF. w��'Q 0 + $91e Al�i0 .. �5 S 37.15'01' W --10.08` PONT OF BEGINMG SCALE: T z 30' DATE: JANWMtiY 1M W.D. W am REVISED N -• T' = 30' N LEGAL DES:_'RIPTION Being a 0.055 acre tract of land in the J.W. Anderson Survey, Abstract No. 18, situated in the City of Coppell, Dallas County, Texas and being more particularly described as follows: COMMENCING at a 5/8" iron pin found in the South line of a tract conveyed to William M. Wilson, Jr. in deed recorded in Volume 79050, Page 1553 of the Deed Records of Dallas County, Texas, said iron pin found also being on the West right-of-way line of Bethel School Road (35' R.O.W.); THENCE N 89°30'21" E, 35.53 feet to a 1/2" iron pin set on the East right-of-way line of Bethel School Road; THENCE S 09°24'37" W, along the East right-of-way line of Bethel School Road, 74.00 feet to a 1/2" iron pin set; THENCE S 37°15'01" W, along the East right-of-way line of Bethel School Road, 10.08 feet to a 1/2" iron pin set for the POINT OF BEGINNING of the herein described tract; THENCE S 37°15'01" W, along the East right-of-way line of Bethel School Road, 104.00 feet to a 1/2" iron pin set; THENCE S 13°29'47" W, along the East right-of-way line of Bethel School Road, 36.98 feet to a lit" iron pin set; THENCE S 84°07'41" W, 21.20 feet to a 1/2" iron pin set; THENCE N 13°29'47" E, 48.21 feet to a 1/2" iron pin set; THENCE N 37015'01" E, 68.20 feet to a 1/2" iron pin set, said iron pin being the point of curvature of a circular curve to the left having a radius of 50.00 feet, a central angle of 53°07'50", a chord length of 44.72 feet and a chord bearing of N 63°48'54" E; THENCE along said curve to the left, 46.37 feet to the POINT OF BEGINNING and containing 0.055 acres or 2,415 square feet of land, more or less. r - - 7 9z POODWINI rt'W ' &,a% rtrr 1 WALE: N= DA E !T 101st W.O. W W2 -- IMNYORIL I 1 AEVNED v_,ao , s`0 �y EXHIBIT "B" G a �a +a0 - POINT OF BEGINNING PROPOSED BROCK STREET (50' R.O.W.) 8 84°Or4i' W sw GOODWIN J .ARSU �10 S 3r'15'OT W 10A8' R = 50.00' L=4a.3T C = 44.7Z CB. = S 63'48'54" W N 0 15 30 00 SCALE 1" = 30' SCALE: T a W w DATE; JNLMRF 00 Via to EL o ,$' �r LEGAL DESCRIPTION Being a 0.127 acre tract of land in the J.W. Anderson Survey, Abstract No. 18 and the E.A. Crow Survey, Abstract No. 301, situated in the City of Coppell, Dallas County, Texas and being more particularly described as follows: BEGINNING at a 5/8" iron pin found in the South line of a tract conveyed to William M. Wilson, Jr. in deed recorded in Volume 79050, Page 1553 of the Deed Records of Dallas County, Texas, said iron pin found also being on the West right-of-way line of Bethel School Road (35' R.O.W.); THENCE N 89°30'21" E, 35.53 feet to a 1/2" iron pin set on the East right-of-way line of Bethel School Road; THENCE S 09°24'37" W, along the East right-of-way line of Bethel School Road, 74.00 feet to a lit" iron pin set; THENCE S 37°15'01" W, along the East right-of-way line of Bethel School Road, 10.08 feet to 8-1/2" iron pin set, said pin being the point of curvature of a circular curve to the right having a radius of 50.00 feet, a central angle of 53°07'50", a chord length of 44.72 feet and a chord bearing of S 63°48'54" W; THENCE along said curve to the right 46.37 feet to a 1/2" iron pin set; THENCE S 37°15'01" W, 68.20 feet to a 1/2" iron pin set; THENCE S 13°29'47" W, 48.21 feet to a 1/2" iron pin set; THENCE S 84°07'41" W, 15.90 feet to a 5/8" iron pin found on the West right-of-way line of Bethel School Road; THENCE N 13029'47" E, along the West right-of-way line of Bethel School Road, 56.64 feet to a 5/8" iron pin found; THENCE N 37015'01" E, along the West right-of-way line of Bethel School Road, 112.77 feet to a 5/8" iron pin found; THENCE N 09°24'37" E, along the West right-of-way line of Bethel School Road, 59.22 feet to the POINT OF BEGINNING and containing 0.127 acres or 5,525 square feet of land, more or less. G OODWIN I M ARS HALL 11- CIVIL 110010111!1' - PLANNIR! — ltNl�arons>` IN to E: 8WT 1M W. 0. 100041or -. IIEN"Ed EnHIBIT" N 84007'41" E 35.00' kExistin9 Femme Lk* X J�, t: 400 x 11 �� N Q . Jct' O 20 40 SCALE: 1" = 40' X � trf X X Q� EXISTING RIGHT-OF-WAY1 ROAD (to be abandoned] ROADWAY AND EXISTING DOCUMENT SHOWING RK LOCATED OR EXAMINED. "POINI.,I � BEGIMG D WIDTH OF BETFEL SCHOOL IS BASED ON OCCLFATION BY THE NSAGE TO THE NORTH. NO RECORDED JiT-OF-WAY DEDICATION HAS BEEN BET EL ROAD NOTES: BEAFIRM WSW ON FILM 8 RAIZ�HALL CIVIL ENGINEERS - PLANNERs, — sURYE tDlis. feet ww" 9TIEET, flUTE 100 FopT WoflTtl, TEXAS 78112 z 8 8 a m N 89°59'28" W 35.00' 35 O N SCALE: 1" - 40' DATE' JANUMY 19x2 W.O. N¢ gm REVISED LEGAL DESCRIP'T'ION Being a 0.331 acre tract of land in the J.W. Anderson Survey, Abstract No. 18, situated in the City of Coppell, Dallas County, Texas and being more particularly described as follows: COMMENCING at a 5/8" iron pin found in the South line of a tract conveyed to William M. Wilson, Jr. in deed recorded in Volume 79050, Page 1553 of the Deed Records of Dallas County, Texas, said iron pin found also being on the West right-of-way line of Bethel School Road (35' It.O.W.); TIIENCE N 89°30'21" E, 35.53 feet to a 1/2" iron pin set on the East right-of-way line of Bethel School Road; TIIENCE S 09°24137" W, along the East right-of-way line of Bethel School Road, 74.00 feet to at 1/2" iron pin set; 'TIIENCE S 37°15'01" W, along the East right-of-way line of Bethel School Road, 114.08 feet to a t/2" iron pin set; TIIENCE S 13°29147" W, along the East right- of-way line of Bethel School Road, 36.98 feet to a 1/2" iron pin set for the POINT OF IIEGINNING; TIIENCE S 06°01'46" E, 33030 feet to a 1/2" iron pin set; TIIENCE S 00030'34" W, 84.02 feet to n 1/2" iron pin set; THENCE N 89059'26" W, 35.00 feet to a 1/2" iron pin set; THENCE N 00"30'34" E, 82.32 feet to n 112" iron pin set; THENCE N 06001146" W, 328.39 feet to a 1/2" Iron pin set; THENCE N 84007'41" E, 35.00 feet to the POINT OF BEGINNING and containing 0.331 acres or 14,438 square feet of land, more or less. 000WIN _ A RS HALL CIVIL EttOMEEtt9 PLI MUMS w SURVEMM 60o1 anaoE ernEE1. autE loo Font wonfit tEXA8 76112 SCALE: 1� * NOW oAtE JAtMRY 1892 w.o. 19 9272 REVISED