OR 89-441 Abandons a sanitary sewer easement AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO 89441.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A SANITARY
SEWER EASEMENT IN FAVOR OF THE CURRENT PROPERTY OWNER IN EXCHANGE
FOR ANOTHER EASEMENT AT A DIFFERENT LOCATION; PROVIDING THAT SUCH
ABANDONMENT SHALL BE ALL THE INTEREST THE CITY MAY LEGALLY AND
LAWFULLY ABANDON; PROVIDING THAT SUCH ORDINANCE SHALL CONSTITUTE A
QUITCLAIM DEED 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 portions of easements hereinafter described
and that the City's interest therein should be abandoned in exchange for an easement at
a different location over the property; and
WHEREAS, the current owner of the property on which said easements exist
desires to make an exchange of said easements; and
WHEREAS, the City has determined that the fair market value of the easement
being received by the city exceeds the fair market value of the City's interest in the
easement being abandoned;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1.
That the hereinafter described portions of sanitary sewer easements within the
limits of the City of Coppel], Texas, are no longer needed or necessary for City public
purposes as an easement and shou]d be abandoned in favor of the current owner of the
property burdened with said easement. The portions of sanitary sewer easement being
abandoned are shown on the Plat attached hereto as Exhibit "A" and further described
in two seperate Tracts (Tract I & Tract II) by metes and bounds, as follows:
TRACT I
BEING a santitary sewer easement on portions of Lot 20 Block B of Fifth
Section North Lake Woodlands an addition to the City of Coppell, Texas,
according to the Map recorded in Volume 78238, Page 2025 Map Records,
Dallas County, Texas and being described as follows:
BEGINNING at an iron rod for corner in the South R.O.W. line of
Meadowcreek Road, said point being the Northeast corner of Lot 20 and
the Northwest corner of Lot 19;
THENCE South 5 degrees 01 minutes 48 seconds East along the East line
of said Lot 20, a distance of 100.84 feet to a point in the North line of a
20 foot sanitary sewer easement recorded in Volume 68079, Page 102;
THENCE North 89 degrees 19 minutes 10 seconds West along the North
line of said easement, a distance of 21.95 feet to a point at the beginning
of a curve to the left having a radius of 134.03 feet and a central angle
of 28 degrees 08 minutes 12 seconds, a chord bearing of North 09 degrees
02 minutes 17 seconds East, a distance of 65.16 feet;
THENCE along said curve an arc distance of 65.82 feet;
THENCE North 5 degrees 01 minutes 48 seconds West, a distance of 36.0
feet to a point in a curve in the South R.O.W. line of Meadowcreek Road,
said point being in a curve to the right having a central angle of 01
degree 37 minutes 47 seconds, a radius of 125 feet, a chord bearing of
North 89 degrees 51 minutes 58 seconds East, a distance of 3.55 feet;
THENCE along said curve an arc distance of 3.55 feet;
THENCE South 89 degrees 19 minutes 10 seconds East along said R.O.W.,
a distance of 2.47 feet to the PLACE OF BEGINNING and containing
942.922 square feet of land.
TRACT II
BEING that portion of Lot 20 Block B of Fifth Section North Lake Woodlands
an addition to the City of Coppell, Texas, according to the Map recorded
in Volume 78238, Page 2025 Map Records, Dallas County, Texas, and being
that portion of the house on said lot 20 that lies in a 20' sanitary sewer
easement recorded in Volume 68079, Page 102 Deed Records, Dallas County,
Texas, and being described as follows:
BEGINNING at a point for corner at the intersection of the East line of
said house and with the North line of said 20' sanitary sewer easement,
said point being South 05 degrees 01 minutes 49 seconds East, 100o84 feet
and North 89 degrees 19 minutes 10 seconds West, 6.13 feet from the
Northeast corner of said Lot 20;
THENCE South 5 degrees 01 minutes 48 seconds East, a distance of 3.27
feet to a point for corner;
THENCE South 84 degrees 58 minutes 11 seconds West, a distance of 12.2
feet to a point for corner;
THENCE North 5 degrees 01 minutes 48 seconds West, a distance of 3.2
feet to a point for corner;
THENCE South 84 degrees 58 minutes 11 seconds West, a distance of 12.83
feet to a point for corner;
THENCE North 19 degrees 45 minutes 41 seconds East, a distance of 2.71
feet to a point for corner;
THENCE South 89 degrees 19 minutes 10 seconds East, a distance of 24.01
feet to the PLACE OF BEGINNING and Containing 70.65 square feet of land.
SECTION 2.
The City of Coppe]l, Texas, hereby abandons all its right, title, and
interest in and to said portions of easements as above described and
abandons all such interest the City may have therein in favor of the
current owner of the property burdened by said easement.
SECTION 3.
That the abandonment of the City's interest in said easement shall
constitute a quitclaim deed in favor of the current owner of the property
burdened by said easement, and a certified copy of this ordinance may be
filed in the Deed Records of Dallas County, Texas, to indicate such
abandon ment o
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
portion easement, 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, clause or purchase thereof be declared
unconstitutional or void, such declaration shah 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 13th day of June. , 1989.
APPROVED:
MARK WOLFE, MAYOR
ATTEST:
DOROTHY TIMMONS
CITY SECRETARY
APPROVED AS TO FORM
CITY ATTORNEY
:
CO89-0608
EXHIBIT "A"
CERTIFICATE OF CITY SECRETARY
THE STATE OF TEXAS
CITY OF COPPELL
I, the undersigned, City Secretary of the City of Coppell, Texas, a
municipal corporation, in performance of the functions of my office, hereby
certify that the attached ordinance is a full, true and correct copy of
Ordinance No. ,89-441as the same appears of record in the Official
Ordinance Book of the City, having been adopted by the City Council of
the City of Coppell, Texas on the 13 day of June 1989,
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 20th day of June 1989.
Dorothy Timmons
City Secretary, Coppell, Texas
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