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OR 2014-1396 E. Belt Line Rd. Easement Abandonment AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2014-1396 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A RIGHT OF WAY EASEMENT AT 890 SOUTH DENTON TAP ROAD, DEDICATED AS EAST BELT LINE ROAD, AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, IN FAVOR OF THE ABUTTING PROPERTY OWNER TO THE NORTH; 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 A UTILITY EASEMENT WILL BE DEDICATED; 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 of E. Belt Line Rd. located south of 890 South Denton Tap Rd., The Mobil Site, an Addition to the City of Coppell, Texas and more particularly described in Exhibit "A" attached hereto, is no longer needed for City services; and WHEREAS , the abutting property owner to the north will dedicate a utility easement to the City of Coppell, Texas, and WHEREAS , the abutting property owner to the north desires that said right of way easement be abandoned and in consideration thereof has agreed to pay to the City of Coppell, Texas, approximately 40% of the fair market value of the property as established by the Dallas County appraisal district; and WHEREAS , the Dallas County appraisal district establishes that 40% of the fair market 25,000 value of 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 E. Belt Line Road right of way easement to 890 S. Denton Tap Rd. an Addition to the City of 1 Coppell, Texas, and more particularly described in Exhibit "A" 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, abandoned in favor of the abutting property owner to the north, 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 $25,000. SECTION 3. That upon payment of$25,000 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 north, 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 9711 day of 14. AP1 'OV' P: Wi►/ 14F 1L KA' N S :O HUNT, M OR ATT T: RISTEL PET OS, CITY SE, ' TARY 2 APPROVED _S TO FORM: /11/j CITY ATTORNEY 3