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OR 343 Provides for abandonment of Allen Rd. ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 343 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS PROVIDING FOR THE ABANDONMENT OF ALLEN ROAD NORTH OF SANDY LAKE ROAD IN THE CITY OF COPPELL AND COUNTY OF DALLAS, TEXAS, WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED; PROVIDING FOR THECONVEYANCE 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 portions of Allen Road are 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 is attached hereto and made a part hereof, and the further consideration of construction ofh~,~f.ll~ ~d, 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 8. 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 Coppall 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 lO. That this ordinance shall take effect immediately from and after the publication of its caption, as the law in such cases provide. this ~43'__day of , 1985. APPROVED: ATTEST: 2 APPROVED AS TO FORM: 3 EXHIBIT A TRACT I DesCription of a 1.3289 acre tract of land out of the B.B.B. & C.R.R Survey, Abstract No. 199, said 1.3289 acre tract being a.part of Allen Road and North of Sandy Lake Road, as recorded in Volume 78214, Page 701, Deed Records of Dallas County, Texas, said 1.3289 acre tract being more particularly described as follows: _C_O_MMEN_C_I_N_G, at a 1/2 - Inch 1ton 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 1347.33 feet and South 1586.24 feet of the POINT OF BEGINNING, said point of beginning also being an iron rod set In the West line or Allen Road (50 feet wide); THENCE, N O0 37' 56' W, along the West line of Allen Road a distance of 1067.61 feet to an iron rod set, said point being the beginning of a non- tangent curve to the left whose center bears N 41 ll' 41' E, a distance of 930.00 feet; TH_E_N_CE, along said curve to the left having a central angle of 03 59' 56". a tangent length of 32.47 feet and an arc length of 64.91 feet to an iron rod set; _T_H_EN_CE, S O0 37' 56' E, a distance of 1275.59 feet to an iron rod set, said point being the beginning of a non-tangent curve to the left whose center bears S 80 36' 53' W, a dlstance of 2870.00 feet; TH_ENCE, along said Curve to the left having a central angle of 05 04' 55", a tangent length of 127.36 feet and an arc length of 254.55 feet to the POINT OF BEGINNING; C_ONTAINI__N_G, 1,3289 acres (57,885 sq. ft.) of land. TRACT 2 Description of a 0.7082 acre tract of land out of the B.B.B. & C.R.R, Survey, Abstract No. 199, and J.H, Mounts Survey, Abstract No. 903, said 0.7082 acre tract being a pert of Allen Road and North of Sandy Lake Road, as recorded in volume 78214, Page 701, Deed Records of Dallas County, Texas, said 0.7082 acre tract being more particularly described as follows: ~MM[M~i~, at a 1/2 - 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 1334.63 feet and South 2736.66 feet of the POINT OF BEGINNING, said point of beginning also being an iron rod set in the west line of Allen Road (50 feet wide); !~[M~[, N O0 37' 56" W, a distance of 528.21 feet, said point being the beginning of a non-tangent curve to the left whose center bears N 59 43' 37' W, a distance of 325.00 feet; ~[~[, along said curve to the left having a central angle of 29 16' 33', a tangent length of 84,89 feet and an arc length of 166.06 feet to an iron rod found; ~[~, N O0 59' 50" E, a distance of 134.4~ feet to an iron rod set; ~[, S O0 37' 56" E, a distance of 867.13 feet to an iron rod set, said point being the beginning of a non-tangent curve to the right whose center bears N 40 19' 5~' E, a distance of 870.00 feet; THENCE, along said cu, v~ to the right having a central angle of 04 30' 17', a tangent length of 34.22 feet and an arc length of 68.40 feet to the POINT OF BEGINNING; ~fl~, 0.7082 acres (30,850 sq. ft.) of land. EXHIBIT "B" CC)e~dENCING, at a ]/2-inch iron rod found on the North ]lne of Sandy Lake Road T~ft. R.0.w.), s~l~ iron rod beia8 the southe~ corner of a 5.00 acre tract conveyed by deed to A. R. NcOo.ald by C. W. and Vera McDo~Ia as.recorded in V~e ~24, Page 292. he~ R~otds, ~]las ~unty, Texas; Thence $ ~" E, Ilo~g the noT th line of said SBndy ~ke R~d, for a distance o~ f.t to the True Point of ~innina; THENCE, N O]e 23' 56" W, depart~n8 said north line, for a distance of 566.39 teat to an iron rod set for corner; THENCe, N 02e 39' 17" W, for a distance of 622.% ft. to an iron rod set for the beainnin8 of a circular curve to the left; ~ENC~, slon8 said curve to the left having a central angle of ~" 31' 21", a radius of 2770,~ ft., and a tangent length of ]6~6.~A ft., for an arc ]ength of 2925.~ ft. to an iron rod set for a point of tanaency; THENCE, N 62* 37' 39" W, ~or a distance of 2038.15 ft. to an iron rod set for the beginning of a circular curve to the right; ~ENCE, alon8 said curve to the right having a central angle of 29° 03' 20", a radius of 850.~ ft., and a tangent length of 220.26 ft., for an arc length of ~3~.05 ft. to an iron rod set at the end of said curve to the right; TH~CE, S 51e 26' 01" W, a distance of 16.30 ft. to an iron rod set for the beginning of a circular curve to the right; ~ENCE, alon8 said circular curve to the right having a beainnin8 tangent bearing of N 33~ 39' 57" W, a central angle of 07~ 0~' OY', a radius of 866.2~ ft., end a tangent length of 53.12 ft., for an arc length of 1~.10 ft. to an iron rod set at a point of compound curvature to the right; 26" 38' 5A" ~, a central angle of ~90 ~0' lY', a radius of 150.~ ft., and a tangent length of 26.~ ft., for an arc length of 5~.~ ft., to an iron rod set at a point of reverse curvature to the left; TdENCE, along said reverse curve to the left having a beginning tangent bearing of N ~ 58' 41" W, a central angle of I~° 04' 44", a radius of 3~.~ ft., and a tangent length of ~9.09 ft., for an arc length of 58.00 ft, to an ~ENCE, N ~ 40' ~9" E, along said survey line, for a distance of 5Z4.84 to an iron rod set for corner; THENCE, S 89° ~8' ~5" E, for a distance of 47.85 ft. to an iron rod set for ~ENC~, S ~o ~, ~8" W, for a distance of 224.00 ft. to an iron rod set for the beainnin8 of a circular curve to the left; ~ENCE, alon8 said curve to the left havin8 a central angle of 63" 12' 27", a radius of 750.~ ft., and a tangent length of A6].47 ft., for an arc length of 827.~ it. to an iron cod set for a point of rangehey; ~MENCE, S 62~ 37' 39" E, for a distance of 2038,15 ft. to an iron rod set for the ~tianin8 of a circular curve to the right; ~ENCE, along said curve to the right having a central angle of 56° 20' 20", a radius of 2870.~ ft., and a tangent length of ]536.91 ft., for an arc length of 2822.07 ft., to an iron rod set for corner; ~ENCE, N 88° ~7' ~" W, for a distance of ~.~6 ft. to an iron rod set for T~ENCE, S 02" 39' 38" E, for a distance of 566.95 ft. to M iron Pod set for corner; ~MENCE, N 88" 56' 27" W, [or a distance of 25.01 ft. to an iron rod set for corner; THENCE, S ~2" 39' iT" E, for a distance of 1.25 it, t~ an ire. rod set for ~ENCS, S 02" ~' 3A" E, for a distance of 329.26 ft. to an iron rod set for corner; THENCE, S 02" 16' 18" E, for a distance of 326.72 ft. to an iron rod set for corner in the north line of said Sandy ~ke Road; ~ENCE, N 89~ 15' 30" W, along said north line, for a distance of 3].24 ft. to the POINT OF BEGINNING; ~uNIAINING, 617,617 square feet or 14.1785 acres of land EXHIBIT "C" · ;C~I~NCINC, ' et · !/2-tnch Iron rod found on the north l~ne of Sandy lake Rood T'~""~r~'.R..w,) oald Iron rod rod beJn/the ~ut/l~st corner of I 5.~ lore 0 tract conveye~ by dee~ [r~ C. ~. end Vere ~na]d to A. J. ~nald rKorde/ J~ Vo~ ~2~, Paie ~2, ~d I~ords of ~llas ~ty, Texas; ~ence North ~or I distance ol ~.~7 It to · point; T~nce hst ~or distant of 145~.63 It, to ~e True Point of ~llnnlni; ;~CE, ~ 02e ~e ]~ M. for I dlltan~ of ~,~ ft. to In iron f~ let ~ENCE N 87' ~' 5~" E, [or m distance of ~.~ f~. to an ~ron rod let for tth~ k~nn[nI o[i cJrcuJar curve to the ~E~C~. B1onB ~atd circular curve to the ]eft, havenj ·centra] inB]e o[ ~3 ~". m radius of &73.~ ~t., m Unient ]enS~h of ]89.~ ft., [or an arc ]enith o[ 36~.7] It. to an $rOn rod set for a poJnL of tanicncy; TliF~CE. N A~' OF 58" E, for m d~s~a~ce o[ ]A5.~7 It. to an (ron rod se~ for th~ h~nn~nI of n drcular curve to the ~NCE. lions ·aid drcu]er Curve tO the Je[~ hayjRB 8 cen~ra2 an~le of 59 ~*', a radius of 370.~ ft., I tanBent ]en~d~ o[ 209.95 [L., for an arc ' JepBth o~ ~J.~ [c. to an iron ~od &or lot a po~n~ o[ taniency; ~;C~, N ~5' 07' 02" V, for a dis[ante of ~0.~ ft. to an iron rod set los Ih~ ~iinn~nB of a drcular curve to the ~IENCE, 8]onj ~Jd drcular curve to the rjBht h~vJn~ · central an~]r of 30 ]7' Jl", a radius of 630.~ ft., and a t~n&ent ]en~Lh of }70.~ It.; for TII~NCL mlonB Mid circular curve to the ]e/t havin~ a beB~nnjnB tanBent bearjn~ of N 15~ ]0' ~" E. a tenfro1 an~le o[ ~03* 3]' 03", a radius 270.~/~., and I tan~enL ]enB~h of 330.5~ fL., [or an arc length o[ ~I~NCE, alon~ Mid cjrcu]ar curve to the r[iht ~vjnB a hB~nnin& ~arJn~ of N ~6~ 20' ~" W, a central an~]e of ~ AT' 32', a radius of ft., and a tanien~ [enB~h of 383.2~ re., [or an arc ]snUb of 727.05/t. to ~ENGE, a]on~ said circular curve to the left havtnB a beijnn~n& talent bear~nE of N ~]' 33' 22" ~, a central an~le of ~0 ]~' ~". a radius of 370.~ and m Ungent Zenith of 373.95 ft., for an arc ]enith o[ ~3.[& ft. to an iron rod me~ lot a point of ~nie~y; ~ENCE, S ~e ~, 12" V, for · dle~nce of 5.16 ft, to In 1Ton rod let ~or the .. ~tni of · clrcular curve ~ ~e Zeft; ;~ e)on8 ptd ctrcu)ar curve to the Zeft ~vJnI a hitnnSnI tinlent o~ N &le 17' 51" W, I central ~81e of 01' JJ' 52", a radius 2870.~ ft., end ~ tanBent lenith o~ 30,~ ft,, for an arc lenith of ~.~ ~CE, N ~' ~' )2" E, for a distance of 5.]6 ~. to In tron ~ ut ~or the kiJnntn8 of e circular curve to ~e rZlht; ~IENCE, a~8 e~d drculer curve to the rJBht ~vlni a central In81e Of ~' 19", e radius of ~,~ It., end a angent JenSth ef }73.&6 ~t., for an ITC Jenith o~ 329.75 ft, ~ H iron r~ let [or corner; ~ENCE, N 0~~ 2~' 32' E, Eor a distance of 0.73 f~, to an Sron rod ~t for the s~jng o~ a clrcv]er curve to ~he ~:, I]oRg utd circular curve to the rJlht hav~ni e central anile of ~* ]A 1~ , · radius of 325.~ ft., ~ · tanlent ]enSth of iBt.~ ft., for an .arc lenSth of 330.3~ ft. to a~ tro~ r~ ~c at · paint ef reverse curvoture to the left; ~CE, mlo~g ~d tlrnl&~ t~tve to the left hayjag a ~gtnnJni hating ~ 63' 38' ~ ~, m central angle of 62' ~' 5~", a radius of 275.~ It,, e~d a tenjefft ~ength Of 1~7.37 it., for an arc hngth o[ ~.~0 It. to on lion rod ~t for · point of ~ngency; TH~CE, ~ ~* 59' ~" E. for s distance of 139.~3 ft. to an iron rod met TH~CE. S 89* ~' IO" E. for I d~stanco of ZS.~ ft. to on ~ron rod set for Page 1 of 2 pages .~THC~CE, N 03' 13' 30" W, for a diet·ace of 8.71 Jr, to In iron rod act for .corner; THENC, J~, S 60° &7* 30" E, for · distance of 29.09 corner; 111EKCE, S O0° 59* 50" V, for I distance of 13~.~7 ft. to In 1r9~ rod let for the beginnt,g of m circular curve to the r~ght; ~, · radius of 325.00 ft., end s t·nge,t length of 197.80 [t.~ for sn bearing of S 63° 3~' 50" M, I ce.trel ·ngle of 58° l~* 18"0 I radius of 275.00 fL., I~d · tangef~t length of 353.18 (t., for ·n arc length of 279°52 ft. to on THENCE, S 05* 2A' 32" V, for I distance ef 0.73 ft. to an iron rod met for the .bearing of S el" 15' 29" E, · central angle of 39° it., and I tangent length of 155.24 ft., for an arc length of 297.96 ft. to ·n '.leo..td c.r,. ,o ,,. l.,t .,,n.. ..i,nl.g ..gent of S 41" 33~ 22" g, · central angle of &&o (7, 32", · rldlul og 870.00 Jr., lad · tiegent length of 358.52 ft., for m~ ere length of 680.34 ft. to ·n .~ENC~, Iloq lard circulur curve to the right hiring · beginning tangent bearing °f ~ 86° 20* ~" E, · centrex angle of 3~0.00 It., mad a tangent length of &O/d.03 ft., for In arc length of 58~.70 ~7~'~g of S |5" lO* 09" V, I centri] angle el 30* it., end · tangent length of 15~.26 it., ~or an arc length of 30].30 it. to an .~HENCE, S 15' 07' 02" E, for · dlot·nce of ~0.00 08 &O", I radius of ~30.00 ft., lad a I~ngent length of 2~.00 ft., for ·n THENCe, S ~00l' 38" V, for a d~otance of ]~S.&7 ft. to an 1run rod set for I~ENC~, ·long wold circu]or curve to the right having ~'~'~", I rodl~s of ~33.f~3 ft., and · tangent length ~AENCE, S 87* 39* 53" ~, lot · distance of 306.51 ft. to tht POINT OF CONTAIN]NC. 6.36~] acres (27~,263.85 ·q. ft.) of land. Page 2 of 2 Pages EXHIBIT "D" EXHIBIT "E" 3'Tr~' 3~t' E, b central anlt]e of J9= 21' 5?'', a radzus ~1 27~.97 ft., and a ~CE, S ~' 3A' ~" ~, for , distance o~ 661.21 ~t. to an iron rod set got FqNTA~NINC, 20,939 square [cet ur O. 4807ecres o[ 3und.