OR 2000-908 Abandons 20' sanitary sewer easement Mansions by the Lake & Asbury Estates AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORIDNANCE NO. 2000908
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ABANDONING A PORTION OF A SANITARY SEWER EASEMENT
DESCRIBED IN EXHIBIT "A"; RESERVING ALL EXISTING
EASEMENT RIGHTS OF OTHERS, IF ANY, WHETHER APPARENT
OR NON-APPARENT, AERIAL, SURFACE, UNDERGROUND OR
OTHERWISE; PROVIDING FOR THE FURNISHING OF A CERTIFIED
COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL
PROPERTY RECORDS OF DALLAS COUNTY, TEXAS, AS A
QUITCLAIM DEED; PROVIDING FOR THE INDEMNIFICATION OF
THE CITY OF COPPELL AGAINST DAMAGES ARISING OUT OF THE
ABANDONMENT; PROVIDING FOR CONSIDERATION TO BE PAID
TO THE CITY OF COPPELL; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Coppell has determined that a portion of
the 20 foot sanitary sewer easement located on The Mansions By The Lake, Lot 1, Block 1,
Texas and more particularly described in Exhibits "A" and "B" attached hereto, is no longer
needed for City services; and
WHEREAS, the abutting property owner desires that a said portion of the 20 foot
sanitary sewer easement be abandoned and in consideration thereof has agreed to pay to the
City of Coppell, Texas, the fair market value of the property as established by an appraisal;
and
WHEREAS, the fair market value of the easement to be abandoned to be zero;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That for the consideration stated herein, the City of Coppell hereby
abandons and quitclaims in favor of WESTERN RIM INVESTORS, L.C.C., the abutting
owner, the easement described in Exhibit "A" attached hereto and made a part hereof for all
purposes, the same as if fully copied herein, subject to all existing easement rights of others, if
any, whether apparent or non-apparent, aerial, surface, underground or otherwise.
Page -1- ss24560
SECTION 2. That said easement is abandoned insofar as the right, title and interest of
the public to such easement are concerned. That the City of Coppell does not abandon any
other interest other than that described in Exhibit "A", but does hereby abandon all of its right,
title and interest in and to that easement described in Exhibit "A", either in fee simple or by
easement or otherwise, together with any and all improvements thereon, subject to the
limitations and reservations stated herein.
SECTION 3. The City Secretary is authorized and directed to prepare a certified copy
of this ordinance and furnish the same to WESTERN RIM INVESTORS, L.C.C. and the
recording of this abandonment ordinance in the real property records of DALLAS County,
Texas, shall serve as the quitclaim deed of the City of Coppell, Texas, to WESTERN RIM
INVESTORS, L.C.C. of all the right, title or interest of the City of Coppell in and to said
easement described in Exhibit "A", subject to the limitations and reservations of this
ordinance.
SECTION 4. As a condition of this abandonment and as a part of the consideration for
the quitclaim to Grantee herein, Grantee agrees to indemnify, defend, release and hold the City
of Coppell whole and harmless against any and all claims for damages, costs or expenses to
persons or property that may arise out of, or be occasioned by or from, the abandonment, and
quitclaim by the City of Coppell of the easement described in Exhibit "A" and Grantee hereby
agrees to defend any and all suits, claims, or causes of action brought against the City on
account of the same, and to discharge any judgment or judgments that may be rendered against
the City of Coppell in connection therewith.
Page -2- ss24560
SECTION 5. This Ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the 28th
day of March ,2000.
APPRO~VED: f~
CANDY SHEEHAN, MAYOR
ATTEST:
LIBBY BALL, CITY SECRETARY
APP V~~..~/()RM:
ROBERT E. HAGER, CITY ATTORNEY
(REH/cdb 3/24/2001J
AGREED AND ACCEPTED:
GRANTEE~~
Page -3- ss24560
EXHIBIT "A"
LOT 1, BLOCK 1, MANSIONS BY THE LAKE, AND ASBURY ESTATES
PORTION OF 20' SANITARY SEWER EASEMENT ABANDONMENT
BEING A PORTION OF A 20' SANITARY SEWER EASEMENT LOCATED IN THE THOMAS L. HOLLAND SURVEY,
ABSTRACT NO. 624, DALLAS COUNTY, TEXAS, AND BEING DESCRIBED IN DEED RECORDED IN VOLUME 79074,
PAGE 166, DEED RECORDS, DALI_AS COUNTY, TEXAS, ANO BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT LOCATED IN THE EAST LINE OF COPPELL ROAD FOR THE SOUTHWEST CORNER OF
TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 5.0 FEET NORTH 89 OEGREES 59 MINUTES 58 SECONDS
WEST FROM THE NORTHWEST CORNER OF LOT 3, BLOCK 5, ASBURY MANOR, AN ADDITION TO THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT RECOROEO IN VOLUME 89158, PAGE 1328, DEED
RECORDS, DALLAS COUNTY, TEXAS;
THENCE NORTH O0 DEGREES 26 MINUTES 17 SECONDS WEST 20.00 FEET ALONG THE EAST LINE OF
COPPELL ROAD;
THENCE SOUTH 89 OEGREES 59 MINUTES 58 SECONOS EAST 816.61 FEET:
THENCE NORTH O0 DEGREES 27 MINUTES 28 SECONDS WEST 446.57 FEET;
THENCE SOUTH 89 OEGREES 59 MINUTES O0 SECONDS EAST 451.50 FEET;
THENCE SOUTH O0 DEGREES 18 MINUTES 06 SECONDS EAST 20.00 FEET;
THENCE NORTH 89 DEGREES 59 MINUTES O0 SECONOS WEST 431.25 FEET;
THENCE SOUTH O0 DEGREES 27 MINUTES 28 SECONOS EAST 446.57 FEET TO A POINT LOCATED
IN THE NORTH LINE OF BLOCK 4, SAID ASBURY MANOR;
THENCE NORTH 89 DEGREES 59 MINUTES 58 SECONOS WEST 836.61 FEET TO THE POINT OF BEGINNING
AND CONTAINING 34,289.17 SQUARE FEET OF LANO, MORE OR LESS
EXHIBIT B BLOCK A
VILLAGE AT COTTONWOOD CREEK
~J
VILLAGE AT COTTONWOOD CREEK ~~% Il! ~/"~VOLUME SECTION vi -
VOLUME 950..36, PAGE 1867 \\\~.~,~ ~ 95229,M.R.D.C.T.PAGE 19.59 SCALE 1 : 200'
\\ ~t~./u V.J,,~I 5' U.E. ZONED: SF-7 NOTE: BEARING CONTROL BASED
2 J ON NORTH PROPERTY LINE OF
20'
SANITARY
SEWER
ESMT.
TRACT
DESCRIBED
IN
VOL. 79074, PG. 166-~-,~ ,/~ to c~Cw~J-
~r-~.~///~-)~ WESTMINISTER COURT COUNTY. TEXAS
~q, ASBURY ESTATES
~ VOL. 99009. Pg. 45
- ,o~LOCK 2
. ~ ~o Z CROMWELL COURT
~o S00'27'2' '446
NOO'27'2g"W
20'
ESMT.
NUMBER DIR£CIION DISTANCE
kl ~00'26'17"W 20.00 LOT
L2 SO0' 18'06"E 20.00 BLOCK
PORTION OF
TO BE ABANDONED ~
%"' LOT 1, BLOCK 1 b~
VOL. 99215. PC. 484
COPPELL ROAD
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