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OR 318 Abandons a street right-of-way AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 318 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A CERTAIN STREET RIGHT-OF-WAY; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the property described herein is a tract of land known as a portion of Allen Road within the corporate limits of the City, which crosses the property of Hattie Mae Lesley; and WHEREAS, the said Hattie Mae Lesley has by Dedication Deed conveyed to the City Of Copper a larger tract of land for street purposes across the same property but at a location more suitable to the owner and City; and WHEREAS, the City of Coppe]l has determined that the following street right-of-way is now no longer needed for public purposes; and WHEREAS, the abutting property owner desires that said street right-of-way be abandoned in exchange for the property to be dedicated to the City by by owner; NOW, THEREFORE: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1o That the hereinafter described right-of-way for street and road purposes is no longer needed or necessary for public purposes and should be abandoned in favor of HATTIE MAE LESLEY, the abutting property owner. The street and road of right-of-way being abandoned herein is described as follows, to-wit: Being a 2.730 acre tract of land out of the James Parish Survey Abstract No. 1139 and J. C. Cook Survey, Abstract No. 315, and the S.A.&M.G. Survey, Abstract No. 1442, and the Singleton Thompson Survey, Abstract No. 1493, Dallas County, Texas, said 2.730 acre tract of land being part of a 120 acre tract of land described in deed from W. R. Loyd, et ux, to J. B. Lesley, dated April 28, 1942 and recorded in Volume 2346, Page 488 of the Deed Records of Dallas County, rfexas and being part of a 106 acre tract recorded in Volume 2086, Page 204 and part of a 64 acre tract recorded in Volume 2445, Page 317, Dallas County, Texas said 2.730 acre tract of ]and being more particularly described as follows: BEGINNING, at a 1/2-inch iron rod found 15 feet east of the west survey line of said SoA.&M.Go, Abstract No. 1442 and the north line of a 106 acre tract recorded in Volume 2086, Page 204 Deed Records, Dallas County, Texas said point also being the southwest corner of a 2 acre tract as recorded in Volume 2086, Page 204; 'FHENCE, N 89° 02' 34" E, with the north line of said 106 acre tract a distance of 20.00 feet to a 1/2-inch iron rod founci in the east line of a old public 40 foot roadway; THENCE, S 00° 02' 08" W, along the east line of said public roadway 2011.13 feet passing northwesterly line of a 130 foot D.P.&L right-of-way line as recorded in Volume 4594, Page 302, in all a distance of 2869.73 feet to a 1/2-inch iron rod found for corner in the north line of the St. Louis & Southwestern t{ailroad 100 feet right-of-way; THENCE, N 86° 21' 18" W, with said north line of the St. Louis and Southwestern Railroad 40.08 feet to a 1/2-inch iron rod found in the west line of said public road; THENCE, N 00° 02' 08" E, along said west line of public road a passing distance of 518.03 feet to the southeasterly line of said D.P.&L right-of-way in all a distance of 3076.43 feet to a 1/2- inch iron rod found for corner in the north line of a 2 acre tract of land described in deed from Albert Borhardt to J. B. Lesley, dated August 12, 1938 and recorded in Volume 2086, Page 204 of the Deed Records of Dallas County, Texas; THENCE, N 89° 03' 24" E, with the north line of said 2 acre tract a distance of 20.00 feet to a 1/2-inch iron rod found, said point also being the northeast corner of said 2 acre tract; THENCE, S 00° 02' 08" W, along the east line of said 2 acre tract a distance of 209.91 feet to the PLACE OF BEGINNING; CONTAINING, 118,916 square feet or 2.730 acres of land, more or less. SECTION 2. That the above described right-of-way be, and the same is hereby, abandoned in favor of HATTIE MAE LESLEY, the owner of the abutting property. SECTION 3. That this abandonment ordinance shall constitute a Quitclaim Deed in favor of HATTIE MAE LESLEY, the abutting property owner, and a certified copy of the same may be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. SECTION 4. The abandonment provided for herein shall extend only to the public right, title and interest which the City of Coppell, Texas, may have in and to said street right-of-way, and shall be construed to extend only to such interest that the governing body of the City of Coppell, Texas, may legally and lawfully abandon. SECTION 5. The fact that the above described street and road right-of-way is no longer needed or necessary for public purposes, and that such right-of-way should be abandoned in favor of the abutting property owner or owners, in the preservation of the public health, safety and welfare, requires that 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 Coppel], Texas, on this the APPR ~ MAYOR '~ ATTEST: APPROVED AS TO FORM: ... -. 1: I, DOROTHY TIMMONS, City Secretary of the City of Coppell, Texas, a Municipal Corporation, do hereby certify that at a meeting of the City Council of the City of and acting throughout, the foregoing Ordinance Number '~-/~ was adopted, the same now is in full force and effect. I do further certify that, on said date, Andrew Brown, Jr. was the Mayor of the City of Coppell, having been duly elected to such office and now holding the same. IN WITNESS WHEREOF, I have hereunto set my hand as City Secretary of the c,ty of coppell, Texas, thisday of CITY ECRETA CORPORATE MUNICIPAL ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DALLAS BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared ANDREW BROWN, JR., known to me to be the person whose name is subscribed to the foregoing ORDINANCE and acknowledged to me that the same was the act of the said CITY OF COPPELL, TEXAS, a Municipal Corporation, and that he executed the same as the act of said City for the purposes and consideration therein expressed, and in the capacity therein stated. ~/EN UNDER MY RAND AND SEAL OF OFFICE this the ~'day of OF TEXAS ~Y COMMISSION EXPIRES