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OR 86-344 Abandons Kimbel Kourt Rd, Kimble addition ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 86344 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS PROVIDING FOR THE ABANDONMENT OF A PORTION OF KIMBEL KOURT ROAD OF THE KIMBEL ADDITION IN THE CITY OF COPPELL AND COUNTY OF DALLAS, TEXAS, WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED; PROVIDING FOR THE CONVEYANCE THEREOF TO TRILAND INVESTMENT GROUP; PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT AND CONVEYANCE MADE HEREIN; PROVIDING A SEVERABILITY CLAUSE; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, acting pursuant to law, and upon the request and petition of Triland Investment Group, hereinafter referred to as Grantee, deems it advisable to abandon and convey the hereinafter described tract of land to Grantee and is of the opinion that the portion of Kimbel Kourt Road hereinafter described is not needed for public use and same should be abandoned and quitclaimed to Grantee, its successors and assigns, as hereinafter provided, for the consideration hereinafter stated; and WHEREAS, the City Council of the City of Coppell and Grantee previously agreed that the City of Coppell would abandon and convey the hereinafter described tract of land to Grantee, for consideration of the construction and dedication of an extension of MacArthur Boulevard; and WHEREAS, pursuant to article 1016 Vernon's Texas Civil Statutes, the City of Coppel has the power by ordinance, to vacate and abandon a street upon request of the owners of real property abutting such street; and WHEREAS, Grantee is the owner of the real property abutting the hereinafter described street to be abandoned and Grantee has requested that the City of Coppell vacate and abandon and close such street; and WHEREAS, pursuant to article 1017 Vernon's Texas Civil Statutes, the City of Coppell has the power to sell and convey any land or interest in land owned, held or claimed by such city, including abandoned streets, by an ordinance passed by the governing body of such city directing the execution of conveyance by the mayor of such city; 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 the dedication of MacArthur Boulevard, Warren Road, and other improvements described herein and that the best interest and welfare of the public will be served by abandoning and conveying the hereinafter described tract of land to Grantee, its successors and assigns, for the consideration hereinafter set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL SECTION 1. That by article 1016 and 1017 Vernon's Texas Civil Statutes, the tract of land described in Exhibit "A", 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 of the public are concerned; subject, however, to the conditions hereinafter more fully set out. SECTION 2. That by article 1016 and 1017 of Vernon's Texas Civil Statutes, for and in consideration of the construction and dedication of MacArthur Boulevard described in Exhibit "B", which is attached hereto and made a part hereof, and the further consideration of the construction of Warren Road and Village Parkway, described in Exhibit "C", which l~ attached hereto and made a part hereof, and the further consideration of construction of new Allen Road, described as Exhibit "D", which is attached hereto and made a part hereof, and the further consideration of the construction of Samuel Boulevard, described as Exhibit "E", which is attached hereto and made a part hereof, the City of Coppell does by these presents FOREVER, QUITCLAIM unto the said Grantee, its successors and assigns, all its right, title and interest in and to that certain tract or parcel of land hereinabove described. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, unto Grantee, its successors and assigns forever, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in anywise belonging unto the said Grantee, its successors and assigns forever. SECTION 3. That this conveyance is made subject to all present zoning and deed restrictions, if the latter exist. SECTION 4. That the terms and conditions contained in this ordinance shall be binding upon Grantee, its successors and assigns. SECTION 5. That the abandonment and conveyance provided for herein shall extend only to the public right, title, easement and interests, and shall be construed to extend only to that interest the governing body of the City of Coppell may legally and lawfully abandon and vacate. SECTION 6. That upon compliance with the terms and conditions of this ordinance, the City Attorney is hereby authorized to prepare and deliver a Quitclaim Deed with regard to the area abandoned and quitclaimed herein, should such be requested by Grantee hereunder, same to be executed by the Mayor on behalf of the City of Coppell, and attested by the City Secretary. SECTION 7. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas. SECTION 8. That if any article, paragraph or subdivision, clause or provision of this ordinance shall be adjudged 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 9. That the City of Coppell acknowledges all of the findings set forth above to be true and correct and hereby adopts and incorporates such findings into this ordinance for all purposes. SECTION 10. That this ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this ~ (~ , 1986. _o~l~ day of ~ APPROVED: ATTEST: ~ CIIY~EC~R~E~RY 2 APPROVED AS TO FORM: 3 EXHIBIT A Description of a 0.5430 acre tract of land out of the Edward Cook Survey, Abstract No. 300, said 0.5430 acre tract being a part of the Kimbel Addition filed November 1, 1977, and recorded in Volume 77213, Page 0999, and Revised Kimbel Addition, as recorded in Volume 81084, Page 2463, Deed Records of Dallas County, Texas, ssld 0.5430 acre tract being more particu]arly described as follows: COMMENCING, at a S-inch iron rod found in the North line of Sandy Lake Road (60 feet wide), said iron rod being the southeast corner of a 5 acre tract conveyed by deed from C.W. and Vera McDonald to A.R. McDonald as recorded in Volume 3824, Page 292, Deed Records of Dallas County, Texas, and said point being West 1730.01 feet and South 631.41 feet of the POINT OF BEGINNING, said point of beginnin8 also being in the east line of Kimbel Kourt (50 feet wide), and in the north line of Village Parkway (60 feet wide); THENCE, N 02° 20' 07" W , along the west line of said Kimbel Kourt a distance of 285.12 feet to a ½-inch iron rod found, said point being the beginning of a circular curve to the right whose center bears N 87° 39' 53" E, a distance of 60.00 feet; THENCE, with said curve to the right having a central.angle of 278° 13' 31", an arc length of 291.36 feet and a chord bearing of S 43° 13' 22" E, for 78.55 feet to a ~-inch iron rod found in the east line of Kimbel Kourt; THENCE, S 02~ 20' 07" E, with the said east line of Kimbel Kourt a distance of 225.22 feet to an iron rod set in the north line of Village Parkway, said point being the beginning of a non-tangent curve to the right whose center bears N 04° 59' 45" W, a distance of 473.60 feet; THENCE, along the North line of Village Parkway and said curve to the right having a central angle of 02~ 39' 38", a tangent length of 11.00 feet and an arc length of 21.99 feet to an iron rod found; THENCE, S 87° 39' 53" W, a distance of 29.43 feet to the POINT OF BEGINNING. EXHIBIT "B" COeetENCING. at 8 l/2-inch iron rod found on the North ]ins of Sandy Lake Road 6~ft. R.O.W.), said lro~ rod being the southe~s/, corner of a 5.00 acre tract conveyed by deed to A. R. McZk>na]d by C. W. and Vera McDonald as recorded in Vo]ume 382~, Page 292, Oeed Records, Do]los County, Texas; Thence ~ 89° 15' 30" E, along the north line of said Sandy Lake Road, for 8 distance of 1'.<,5 ~ feet to the True Point of Beginning; THENCE, N Ol* 23' 56" W, departing said north line, for a distance of 566.39 teat to an iron rod set for corner; THENCE, N 02* 39' 17" W, for a distance of A22.96 ft. to an iron rod set for the beginning of a circular curve to the left; T~ENCE, Ilon8 said curve to the left having a central angle of 60e 3F 21", a radius Of 2?70.00 ft., and a tangent length of i616.14 ft., for an arc length of 2925.9~ ft. to an lro~ rod set for a point Of tangahoy; THENCE, N 62° 371 39" W, for a discance of 2038.15 ft. to an iron rod set for the beginning of a circular curve to the right; THENCE, along said curve to the right having a central angle of 29° 03' 20", a radius of 850.00 ft., and a tangent length of 220.26 it., for an arc length of ~3].05 ft. to an iron rod set at the end of said curve to the right; THENCE, S 51e 26~ Ol" W, a distance of 16.30 ft. to an iron rod set for the beainnin8 of a circular curve to the right; THENCE, alon8 said circular curve to the right hayin8 a beainnin8 tangent bearin8 of N 33° 39' 57" ~, s central angle of 07° 01' 03", a radius of 866.2~ ft., end a tangent length of 53.12 ft., for an arc length of 106.10 ft. to an iron rod set at a point of compound curvature to the right; THENCE, slon8 said curve to the right having a beginning tangent bearin8 of N 26° 38* 5~" ~, a central angle of 19~ 40' 13', a radius of 150.00 ft., and a tangent length of 26.00 ft., for an arc length of 51.50 ft., to an iron rod set at a point of reverse curvature to the left; T~ENCE, alon8 said reverse curve to the left having a beginning tangent bearing of N 06~ 58~ 41" ~, a central angle of II° 04~ 44', a radius of 300.00 ft., and a tangent length of 29.09 ft., for an arc length of 58.00 ft. to an iron rod set at the end of sold reverse curve to the la~t~ THENCE, N O0e 40t 29" E, along said survey line, for a distance of 5e4.84 ft. to an iron rod set for corner; THENCE, S 89° ~e' ~5' E, for a distance of 47.85 ft. to an iron rod set for corner; T~ENC~, S O0e 3~~ 48'1 ~, for a distance of 224.00 ft. to an iron rod set for the beginning of a circular curve to the left; THENCE, along said curve to the left having a central angle of 63° 12' 27', a radi~s of 750.00 ft., and a tangent length of &61.~7 ft., for an arc length of 827.38 ft. to an iron rod set for a point of tanaency; THENCE, S 62~ 37~ 39" E, for a distance of 2038.15 ft. to an iron rod set for the beginning of a circular curve to the right; THENCE, along said curve to the right hayin8 a central angle of 56~ 20' 20", a radius of 2870.00 ft.~ and a tangent length of 1536.9i ft., for an arc length of 2822.07 ft., to an iron rod set for corner; THENCE, ~ ~8' ~' 1~' ~, for a distance of 44.46 ft. to an iron rod set for !corner; T~ENCE, S 02e 39' lg" E, for s distance of 5~6.95 ft. to a~ iron rod set for corner; THENCE, N 88° 56~ 27" ~, for a distance of 25.01 it. to an iron rod set lot corner; TH~CE, S 02° ~9' ~7' E, for a distance of 1.25 It. to an ~ron rod set for corner; THENCE, S 02e 06' 3~" Eo for a distance of 329.26 ft. to an iron rod set for corner; THENCE, S 02* 16* 15" E, for a distance of 326.72 ft. to an iron rod set for corner in the north line of said Sandy Lake Road; THENCE, N 89e 15' 30" ~, along said north line, for a distance of 3].2~ ft. to the POINT OF B~CINNING; CONTAINING, 617,617 square feet or 14.1765 acres of land EXHIBIT "C" · eC~ENC]NG, ' It · ]/2-1nch lion rod found on the north ]Jne of Sandy Lake Rued FR.o.w.) eaid 1ton rod rod bein8 &he eoutlke~st corner of e 5.OO ecru tract conveyed by deed {r~ C. W. end Vet· McDonald to A. I~. McDonald es recorded Jn Volume 3826, Page 292, had ~ecoraa of hi]as ~ty, Texas; ~ace North ~or · dj:tence of ~.17 f[ to · poSnt] T~ace ~st ~or /~stance of 1~55.6J it. to ~e True ~o~nt ~ ;~E~CE, R 02* ~" ]8' M, f~ · e~mta~ of ~.~ It. to en iron rod &at for corner; ~ENCE, N 87e ~ 53" E, ~or I distance of ~.~ It. to In ~ron rod let ~or the ~8~nnJn8 o~ i cJrcu]e~ curve to the ~. ·Ion8 ia~d drcu]ar curve to the ]·It, hevSn8 e central Inj]e of A3 ~ 6 radius of AT].~ ft., · ~ngent length of J89.~ ft.~ [or In arc N ~6e OF 38" E, for I distance of 3~5.~7 It. to en iron rod let for ~NCE. =]on8 lajd ctrcu3er curve to the Jolt havJn8 a central angle o[ 59 ~' 60". · radius of 370.~ ft., a tangent length o[ 209.95 ft.. for in ere N 15e 07' 02" ~, [or s distance o[ ~0.~ ft. to an iron ro~ set e2ong ~Jd circular curve to the right hnvJn8 · central en8]e of 30 I radius o~ 630.~ ft., In~ a tingent ]ength o~ 3~0.~ [t.; ~or bearJl~8 o~ N 35= ]0' ~" [, a canfro] on&]e o[ ]0]e 33' 0~", I red~u~ of bearing of N 86' 20' ~" ~, · centra3 an83· o[ ~6e ~7' 32", · red~u~ of 930.~ ft., end · tangent ]ength o[ 383.2~ ft., ~or an arc length of 727.05 ft. to an of N ~]' 33' 22" i, a central anSI· of ~ 3~' ~". e radius of 370.~ end I UnBent ]en8th of 371.95 It., lot in arc ]ength o~ M3.J~ ft. to an iron ~ENCE. S ~* ~' ]2" ~, for · dU~nce e~ 5.16 ~t. to an tron ro~ let ~or the ~, i]on8 Mid ctrcu]lr cut~e to ~he ]eft M~nI I bi~nntnj tenlent rtni of N ~1e 17' 51" W, I central ~8]e of O1" 11' 52", I rl~lus 2870.~ ft,, end I tenlent ]en&th o~ 30.~ ft.. Eor en ere lenith of ~,~ ~CE. N ~* ~' 12" E, ~or · distance of 5.16 ft. to an (run ~ ~t ~or the ~IENCE, e~i e~d circular curve to the diht ~vlni · canira] angle of ~", I radius off A~.~ ft,, end I ~njent 3enBth el 373.&6 it,, for Irc hqth ef 329.76 ~t. u M Stun rN eet [or corner; ~CE, ~ O5° 2&' 32" E, for · distance of 0.73 ft. to an ~ron rod ~t for the ~A I1°n8 la~d drcuZar curve to the right ~v~nI · central mng]e of M' ]& t6 . · radius of 325,~ ft,. ~d · tanlent length o~ ]81,~ ~t., for ~CE, alon8 NJd dtculet curve to the ~eEt havJn8 a beg~nnJeg tinBent ~artn8 I 63e ~' ~" E, · central angle of 62' ~' 5~", · radius of 275,~ ft** end · taaient ]enith Off i67.37 It,, got In arc Jength of ~.70 ft. to ~CE. N ~' 59' ~" E. for I dZetance of ]30.5~ ~t. to an 1run rod let for Z~.~CE, S 89e ~' 10" E, for I distance of 25,~ ft, to In 1run rod sct for Page 1 of 2 pages TltENCE, N 03' 13' 30" V, for · distance of e.71 It. to sn true rod set for cornor; THEKCE, 5 60' ~7* 30' E, for · distance of 29.09 ft, to In iron rod set/or Tt|ENCE, S O00 59* 50" V, for · distance of 136.~7 ft. to an tl~e rod let for the be·inning of · tirculer curve to the right; ~ slang laid cXlc~lar curve to the right having e central angle of ~, · radius of 325.00 ft.. u~d a tangel,t ]ength of 191.80 ft., for sn · to 3ength of 355.37 ft. to an iron rod met eta point of reverie curvature to the left; · ~ItENCE, along laid circular cur~e to the left having · beginning tangent bearing of S 63° 36* 50" i, a central angle of 58° l&* |8'~ a radius of ft., and u tangent length of 153.18 ft., for in arc length o[ 279.52 ft. to sn Iron rod set for s point of ?.angency; 114ENCE, S 05* 2A* 32" V, for m distance of 0.73 ft. to an iron rod met for the :itw~'~'~inl of i circular curve to the rllht; ' THENCE, along msld circular curve to the right having m begtnninI tanlent .e~;~'T~rtng of S 810 15* 29" E, · central angle of 39e i2* 07", a radius of &30.O0 it., and s tangent length of 355.24 ft.. for an arc length of 297.96 ft. to an gron ro~ set at I point of reverse cutgsture to Use left; ~ 'a[msI laid tirculer curve to the left having m beginning tangent of S &l0 33* 22" [. · central angle of Ago &7* 32", a tedium of 870.00 ft., end · tangent ]enlth of 358,52 It., for m~ ate length of 680.1~ ft. to an Iron tad met at · point of reverse curvature to the rtlht; THENCe, along eetd circular curve to the tight having · beginning tangent bearing of S 86* 20* 5~" E. · central engte of 101* 31' 03", a radius of 3JO.O0 ft., and · tangent length of ~0/,.03 ft.0 for an arc length of 58~.70 ft. to sn Iron rod let at · point of reverse curvature ~o the left; .,on· .id circul.r curv. to .,e ,.,t ,.,,ng · t.ng,nt of S 15* 10~ 09' ~, · central magic of 313' 17* ll"~ s radius of 570,(30 f~., and s tangent length of 15A,26 ft., lot an arc length of 301.30 ft. to sn iron rod set for a point of tmngency; lqtENCE, S 15* 07' 02" E, for · distance of 5AO,O0 ft, to an iron rod set for the beginning of · circular curve to the right; ~, ·1oo~' said circular curve to the right having s central angle of 59 06 gO", s radius of &30.O0 ft., ·nd· tangent lanSth of 2~.00 ft., for sn Ire length of &A:L87 It. to an ira· rod ·at for · point of tangency; THENCE, S &is 01' 38" V, for s distance o~ 1~5.A7 It, to In iron rod set for the beginning ol · circular curve to the right; I~tENCE, ·long said circular curve to the right having s central angle of 38' lb", s radius of 533.60 ft., and a tangent length of 213+63 ft.. for fire |e,~94~ o~40~aJ~. ~o l~ ~ronr~d se~ ~of m po~d ~ENCE, S 87e 39' 53" ~, [or · distance of 306.51 It, to the POINT OF ~CINNINC; CONTAINIHC, 6.3651 sores (277,263.85 sg, It,) ol lend. Page 2 of 2 Pages EXHIBIT "D" EXHIBIT "E" for · point of tan~ency; CONTAINING, 20,939 square feet o[ 0.4807acres of ]und.