OR 92-541 Abandons utility easement on Waterford at Lake Park Addition
AN ORDINANCE OF THE CITY OF COPPELI,, TEXAS
ORDINANCE NO. 92541
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING
CERTAIN UTILITY EASEMENTS ON LOTS 5, 9, 2t, 22, AND 28, OF 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 ncccl for the certain utility easements heretnaffer described and that
the Utility Companies having interests therein have filed an affidavit of consent to abandon
the same, copy of which is attached hereto as Exhibits B and made e 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 current owners of the properties on which said easements exist
desire that such easements be abandoned; and
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 CrI'Y COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
That the heroinafter described utility easements within the limits of the City of
Coppall, 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 5, 9, 21, 22, and 2.9, of
Block E, Watefford At Lake Park, an Addition to the City of Coppall, 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 hereto as Exhibit A, and made a part hereof.
SECTION 2.
The City of Coppall, 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 cerfi~ec~
copy of this ordinance may be filed in the Deed Records of DaIlas County, Texas, to
indicate such abandonment,
SECTION 4.
The abandonment provided for heroin shall extend only to the public right, title, and
interest of the City of Coppall, 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.
SECTION 5.
The provisions of this ordinance are severable, and should any section, paragraph,
sentence, clauee 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 end after its passage as the law
in such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the 10th day
of March , 1991.
APPROVED
Mark Wolfe
MAYOR
ATTEST:
Dorothy Timmons
CITY SECRETARY
APPROVED AS TO FORM:
Lawrence W. Jackson
CITY ATTORNEY
COOg:::~:OR~/''
AFFIDAVIT OF CONSENT OF UTILITY COMPANIES
TO ABANDON UTILITY EASEMENT
Date: February 26, 1992
Property: Lots 5, 9, 21, 22 and 28, 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 9170, 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 have interests therein are T.U. Electric, Lone
Star Gas, General Telephone, and Paragon 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.
EXHIBIT B
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 5th day of March ,1992.
T.U. ELECTRIC COMPANY
Name:
Title: Sr. Customer Services Rep.
LONE STAR GAS COMPANY
Name:
Title:
GENERAL TELEPHONE COMPANY
Name:
Title: Engineer OSP
PARAGON CABLE
Name:
Title:
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the 5th day of
March , 1992 by
Sr. Cust Svc. Rep. on behalf of T. U. Electric Company.
NOTARY PUBLIC, STATE OF TE~S
~[:~ . '~'% OTARY PUBLIC ~ j 'L :~ 1-' /' /
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Nota~'s Commission Expires
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the 5' ~ day of
, 1992, by H/~ A, 51'~3 , as
~4 F~P- (u L, behalf of Lone Star Gas ~ompany.
A (~L~;~ s~,v 7~'~c on
Notary's Printed Name
Notary's Commission Expires
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the 5'+~' day of
P",~. ~-c-k , 1992, by '~'e. rr~ ~:)cb,.~; ~ , as
Fi ^7 ;" e.~ ,- O s p on behalf of General Telephone Company.
x ,~;';";;,~,,%-.DfNAH R. ,RiCHAnDS x NOTARY PUBLIC, STATE OF TEXAS
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Nota~'s Printed Name
Notary's CommiSsion Expires
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the _5 day of
/gQ~)~C~ , 1992, by/~,S'./~,4d/r~t.,cl , as
'~'r, z>-(' ~-^~ on behalf of Paragon Cable.
~/~TA~C, SLF/~.TE OF TEXAS
~ ,;'-~;' A,. ':. CAROLYN S McR-~ERSON ~,
~: ;~ ': M~ Ccm;ss~ ET.p(res ~2/10/92 ~ Nota~'s Printed Name
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Notary's Commission Expires