OR 92-536 10 ft uitility easement at 327 & 331 Spanish Moss AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
DEED 8.00
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ORDINANCE NO. 92536 02775 0000000 4351 10:56AM 1/27/92
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING IN FAVOR
OF THE ABUSING PROPERTY OWNER OR OWNERS, A PORTION OF THE USE AND
PRIVILEGE OF PASSAGE IN AN EXISTING TEN FOOT UTILITY EASEMENT THE
CENTER LINE OF WHICH IS THE EAST PROPERTY LINE OF LOT 6 AND THE WEST
PROPERTY LINE OF LOT 7, BLOCK D, SHADOW RIDGE ESTATES FIRST INCREMENT
AS RECORDED IN VOLUME 94110, PAGE 6743, DALLAS COUNTY MAP RECORDS, SO
AS TO LIMIT FUTURE USE OF THE EASEMENT FOR ELECTRICAL UTILITY USE ONLY;
PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY
MAY LEGALLY AND MWFULLY ABANDON; RESERVING WITHIN SAID EASEMENT
AREA THE RIGHT OF ANY PUBLIC UTILITY COMPANY PRESENTLY MAINTAINING A
USE WITHIN THE EASEMENT; PROVIDING THAT SAID ORDINANCE MAY BE
RECORDED WITH THE COUNTY CLERK OF DALES COUNTY, TEXAS, AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Coppell has determined that a portion of the use and
privilege of passage in an existing ten foot utility easement the center line of which is the
east property line of lot 6 and the west property line of Lot 7, Block D, Shadow Ridge
Estates First Increment as recorded in Volume 94110, Page 6743, Dallas County Map
Records is no longer needed and necessary for public purposes except for electrical use
only and should be modified by abandonment so as to limit future use of the easement
for electrical utility use only; and
WHEREAS, the City Council is of the opinion that said portion of the easement's
uses and privileges of passage should be abandoned in exchange for a grant of a new
utility drainage easement at another location on said Lot 6, but without prejudice of the
rights of any public utility company presently maintaining a public utility use within the
easement or any future use of the easement for electrical uses only; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That a portion of the use and privilege of passage in the existing ten
foot utility easement the center line of which is the east property line of Lot 6 and the west
property line of Lot 7, Block D, Shadow Ridge Estates First Increment as recorded in
Volume 94110, Page 6743, Dallas County Map Records is no longer needed or necessary
for public purposes except for electrical utility uses and all uses and privileges of passage
except for electrical utility use only should be abandoned in favor of the abutting property
owneF or owners.
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SECTION 2. That the above described portion of the uses and privileges within
said easement, except electric utility use be, and the same is hereby, abandoned in favor
of the owner or owners of the abutting properties.
SECTION 3. The owner or owners of the abutting property or properties shall be
furnished a certified copy of this ordinance which 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 in and to said easement as above described, and shall be
construed to extend only to the interest that the governing body of the City of Coppell
may legally and lawfully abandon; provided, however, that such abandonment shall be
without prejudice to the rights of any public utility company presently maintaining public
utility lines within said easement or to the rights of any electrical public utility company
having the right to maintain an electrical utility use within the said easement.
SECTION 5. That this ordinance shall take effect immediately from and after its
passage, as the law in such case provides.
DULY ADOPTED by the City Council of the City of Coppell, Texas, on the 14th
day of January , 1991.
APPROVED
Mark Wolfe
MAYOR
ATTEST:
Dorothy Timmons
CITY SECRETARY
APPROVED AS TO FORM:
Lawrence W. Jackson
CITY ATTORNEY
CO91-1230
AGG01E1A
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