ST8503-AG 920414 April 14, 1992
(~ CITY COUNCIL MEETING
[EST FORM
D
ITEM CAPTION:
A. Approval of an ordinance abondoning Bethel School Road from Bethel Road to the
Big Cedar subdivision and authorize the Mayor to sign.
B. Approval of an ordinance changing the name of Bethel School Road to H~rris Street
from the Bethel School Road/Harris Street intersection southerly along existing
Bethel School Road to its termination in the Big Cedar subdivision.
SUBMI'I-rED BY: ~
EVALUATION OF ITEM:
STAFF REP.: Kenneth M. CTiffin, P.E.
City Engineer
OTHER REP.:
DATE: 4/Z/9Z
On May 14, 1991 City Council approved a change to the City Thorou§hfare
Plan that removed Bethel School Road from the Thoroughfare Plan between
the limits of Denton Tap Road and Bethel Road. This road was shown on the
Thoroughfare Plan as a C2U. This is a two-lane undivided road in a sixty
foot R.O.W. The removal of the road from the Thoroughfare Plan was
requested so as to eliminate the need to reconstruct the bridge structure
over Grapevine Creek at Bethel School Road. At the May 14, 1991 council
meeting, staff was directed to prepare an ordinance abandoning the
roadway. In late January 1992, the field notes for the abandonment were
delivered to the City.
On March 10, 1992, City Council approved a request fo temporarily close
Bethel School Road to allow for the construction of utilities and to allow
staff an opportunity to work out the final details of the closure with the
developer. Those issues have been resolved and this ordinance will
officially abandon Bethel School Road from Bethel Road to the Big Cedar
subdivision. The remaining portion of Bethel School Road, south of the
Bethel School Road/Harris Street intersection, will be renamed to Harris
Street.
Staff will be available to answer any questions at the Council meeting.
BUDGET AMT.
AMT +/- BUDGET
FINANCIAL REVIEW BY '~
LEGAL REVIEW BY:
ORDINANCE FOR THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE
ABANDONMENT OF STREET RIGHT-OF-WAY AND THE CLOSING OF A PORTION OF
BETHEL SCHOOL ROAD (HARRIS STREET) IN THE CITY OF COPPELL, DALLAS
COUNTY, TEXAS, WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED;
PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM THAT MAY
BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY, TEXAS; RESERVING
UNTO THE CITY OF COPPELL A GENERAL UTILITY EASEMENT AND WATER LINE
EASEMENT OVER AND INTO THE AREA ABANDONED; PROVIDING A SEVERABILITY
CLAUSE AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, acting pursuant to law,
and upon the request of adjacent property owners Carmen & Street, a Texas Partnership
and Ruby McDowell, an individual, deem it necessary and in the public interest to
abandon and close the hereinafter described portions of said roadway and is of the
opinion that such portions of said roadway are not needed for street public use and that
the same should be abandoned and quitclaimed to the adjacent property owners; and
WHEREAS, the City Council of the City of Coppell and the adjacent property
owners have agreed that upon the abandonment and closure of said roadway the City
of Coppell shall have and exercise no further rights in and to said portions of said
roadways for street and roadway purposes and that adjacent property owners shall
assume all maintenance and responsibility for any portion of said roadways that adjacent
property owners continue to use as a private road; and
WHEREAS, pursuant to statutes of the State of Texas, the City of Coppell has the
power by ordinance, to vacate and abandon a street upon the request of the owners of
real property abutting such street; and
WHEREAS, Ruby McDowell and Carmen & Street, are the owners of the real
property abutting the hereinafter described street to be abandoned and have requested
that the City of Coppell vacate, abandon and close such street for street purposes; and
WHEREAS, the City of Coppell finds that said property is a narrow strip of land, not
capable of being used independently as zoned or under applicable subdivision or other
development control ordinances and should be exchanged for such other property to be
dedicated by the adjacent property owners for the construction of a cul-de-sac at one
point of closure of such roadway; 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 dedication of the area for
the construction of the cul-de-sac and that the best interest and welfare of the public will
be served by abandoning for street purposes the hereinafter described land in favor of
the adjacent property owners, but retaining therein a general utility easement and water
line easement; NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. Pursuant to Article 1175(5) and the Charter of the City of Coppell,
Texas, the tract of land described in Exhibits "A" and "B" which are attached hereto and
made a part hereof, be and the same are hereby abandoned, vacated and closed insofar
as the right, title and easement for public street purposes are concerned and that such
abandonment be in favor of Carmen & Street, a Texas Partnership, the abutting
property owner and owner of the underlying fee simple to said property. That this
abandonment ordinance shall constitute a quitclaim in favor of Carmen & Street, a Texas
Partnership, said 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 and the
acceptance by such property owner of all future responsibility for maintenance of said
property in the event any portion of the same is maintained as a private road, including
any street surface, bridge or creek crossing permitted by such property owner to continue
to exist and be used in connection with the private roadway. That this abandonment,
conveyance and relinquishment to the underlying fee simple owner, provided for herein,
shall extend only to the public street right-of-way, title, easement, and/or interest for street
purposes that the governing body of the City of Coppell may legally and lawfully abandon
and vacate, and the City of Coppell reserves unto itself and does not relinquish or
abandon its water line easement and general utility easement over and under the property
herein described.
SECTION 2. Pursuant to Article 1175(5) and the Charter of the City of Coppell,
Texas, the tract of land described in Exhibit "C" 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 for public street purposes are concerned and that such abandonment
be in favor of Ruby McDowell, the abutting property owner and owner of the underlying
fee simple to said property. That this abandonment ordinance shall constitute a quitclaim
in favor of Ruby McDowell, said abutting property owner, and a certified copy of the
same may be filed in the deed records
abandonment and the acceptance by such
maintenance of said property in the event
private road, including any street surface,
property owner to continue to exist and be
That this abandonment, conveyance and
of Dallas County, Texas, to indicate such
property owner of all future responsibility for
any portion of the same is maintained as a
bridge or creek crossing permitted by such
used in connection with the private roadway.
relinquishment to the underlying fee simple
owner, provided for herein, shall extend only to the public street right-of-way, title,
easement, and/or interest for street purposes that the governing body of the City of
Coppell may legally and lawfully abandon and vacate, and the City of Coppell reserves
unto itseff and does not relinquish or abandon its water line easement and general utility
9210!. 29h,
easement over and under the property herein described.
SECTION 3. If any article, paragraph or subdivision, clause or provision of this
ordinance shall be judged 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 4. The City of Coppell acknowledges that all findings set forth above
to be true and correct and hereby adopts and incorporates such findings into this
ordinance for all purposes.
SECTION 5. This ordinance shall take effect immediately from and after its
passage as the law in such cases provides.
of
DULY PA_S.SSED bj~ the City Council of the City of Coppell, Texas, the
, 1992.
/ ~/ day
APPROVED:
ATTEST:
APPROVED AS TO FORM:
APPROVED:
CO92-0303
CARMEN & STREET, a Texas Partnership
/
.92 l Oi', }295
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS §
COUNTY OF DALLAS §
CITY OF COPPELL §
I, the undersigned, City Secretary of the City of Coppell, Texas, a municipal
corporation, in the performance of the function of my office, hereby certify that the
attached ordinance is a full, true and correct copy of Ordinance No. ?~7~,~ as the same
appears in the records of the official ordinance book of the City, having been adopted by
the City~} of the City of Coppell, Texas, on the /,/ day of
,1992, and that I am the lawful possessor and have
legal custo~l~y of such record.
the
WITNESS MY HAND AN.D/BEAL OF OFFICE at my office in Coppell, Texas, this
,~ day of~_~.~ ,1992.
Dorothy Timrr~-~s,~fy Secretary
City of Coppell, Texas
(Seal)
EXHIBIT "A"
POINT OF t.
COMMENCING%
PROPOSED
BROCK. STREET
(5o' R.O.W.)
R = 50.00'
L = 46.3T
C = 44.?:Z
CB. = N 63'48'54" E
GOODWIN ~
AiM,_~.~R_~ I-I A L L I~
CIVIL I#Gi~IIIR! '"' PLAflHER! "- ilO#Vl¥OflO,
lO0! BI.DOE I~ET, Itllll :90 FC~IT WOflTlf, TEXA!/lilt
84'0T41" W
2t20'
N 8903
35
)'2~' E
S 3~'15'0t' W
~.0~
POINT OF
BEGII~ING
,2,415 S J=.
N
1" =30'
BCALE: *r' = 30'
DALE: JANUARY 1992
W.O. N~ 9272
~EVISED
LEGAL DESCRIP'IION
Being'a 01055 acre tract of land in the J.W. Anderson Survey, Abstract No. 18, situated in the City
of Coppell, Dallas County, Texas and being more particularly described as follows:
COMMENCING at a 5/8" iron pin found in the South line of a tract conveyed to William M.
Wilson, Jr. in deed recorded in Volume 79050, Page 1553 of the Deed Records of Dallas County,
Texas, said iron pin found also being on the West right-of-way line of Bethel School Road (35'
R.O.W.); TIIENCE N 89°30'21'' E, 35.53 feet to a 1/2" iron pin set on the East right-of-way line of
Bethel School Road; TIIENCE S 09024'37" W, along Ihe East right-of-way line of Bethel School
Road, 74.00 feet to a 1/2" iron pin set; THENCE S 37°15'01" W, along the East right-of-way line of
Bethel School Road, 10.08 feet to a 1/2" iron pin set [or the POINT OF BEGINNING of the herein
described tract;
THENCE S 37°15'01" W, along the East right-of-way line of Bethel School Road, 104.00 feet to a
1/2" iron pin set;
THENCE S 13~29'47" W, along the East right-of-way line of Bethel School Road, 36.98 feet to a 1/2"
iron pin set;
THENCE S 84°07'41" W, 21.20 feet to a 1/2" iron pin set;
THENCE N 13o29'47" E, 48.21 feet to a 1/2" iron pin set;
THENCE N 37°15'01" E, 68.20 feet to a 1/2" iron pin set, said iron pin being the point of curvature
of a circular curve to the left having a radius of 50.00 feet, a central angle of 53'07'50", a chord
length of 44.72 feet and a chord bearing of N 63048'54" E;
THENCE along said curve to the left, 46.37 feet to the POINT OF BEGINNING and containing
0.055 acres or 2,415 square feet of land, more or le~s.
G OODW N
__ MARSHALL',
CtYIC ~l~l -- PLANIIEn! ~ Iu#vgYon&- I
10el '~t~ FORT WOflTH, TEXAS 71111 I
9CALE:
DATE: ~EFT 1991 .
W.O. Ns ~
ffEVI~ED
UPDATED
EXHIBIT "B"
POINT OF BEGINNING
PROPOSED
BROCK STREET
(50' R.O.W.)
0.~ N~
5~25 SF.
s 3T~5'01" W
R: 50.00'
L = 46.3T
C =44.7'2'
Ch.: $ 63'48'54' W
$ 84'oT4r w
N
SCALE: 1" = 30'
G OODWIN g
~VIL llWqllllll .- PLAHtlIII! -- ttllIVIYOIll,
SCALE: /' = 30'
DALE: ~
w.o. Ne 0272
REVISED
LEGAL DESCRIPTION
Being a 0.127 acre tract of land in the J.W. Anderson Survey, Abstract No. 18 and the E.A. Crow
Survey, Abstract No. 301, situated in the City of Coppell, Dallas County, Texas and being more
lmrticularly described as follows:
BEGINNING at a 5/8" iron pin found in the South line of a tract conveyed to William M. Wilson,
Jr. in deed recorded in Volume 79050, Page 1553 of the Deed Records of Dallas County, Texas, said
iron pin found also being on the West right-of-way line of Bethel School Road (35' R.O.W.);
THENCE N 89°30'21" E, 35.53 feet to a 1/2" iron pin set on the East right-of-way line of Bethel
School Road;
THENCE S (}9"24'37" W, along the East right-of-way line of Bethel School Road, 74.00 feet to a 1/2"
iron pin set;
THENCE S 37°15'01" W, along the East right-of-way line of Bethel School Road, 10.08 feet to a 1/2"
iron pin set, said pin being the point of curvature of a circular curve to the right having a radius of
50.00 feet, a central angle of 53°07'50", a chord length of 44.72 feet and a chord bearing of
S 63°48'54" W;
THENCE along said curve to the right 46.37 feet to a 1/2" iron pin set;
THENCE S 37°15'01" W, 68.20 feet to a 1/2" iron pin set;
THENCE S 13029'47" W, 48.21 feet to a 1/2" iron pin set;
THENCE S 84°07'41" W, 15.90 feet to a 5/8" iron pin found on the West right-of-way line of Bethel
School Road;
THENCE N 13o29'47" E, along the West right-of-way line of Bethel School Road, 56.64 feet to a 5/8"
iron pin found;
THENCE N 37°15'01" E, along the West right-of-way line of Bethel School Road, 112.77 feet to a
5/8" iron pin found;
THENCE N 09O24'37" E, along the West right-of-way line of Bethel School Road, 59.22 feet to the
POINT OF BEGINNING and containing 0.127 acres or 5,525 square feet of land, more or less.
BCALE: tiO~m
J: "' r..XHIBIT" OF
BEGINNING
N 84°07'41" E
\ o ~o ~o ~o
SCALE: 1" = 40
z! k o~
$~q 8 '· 8 t
~~ ~ ~F-WAY ~A~ HAS ~ , . ~ J , =. ~ ~
LOCA~ m EXAm. ~ I ~ ~ ~ ~ ~ ~1~..~ ~
~T~L ROAD N 89'~1[~" W x k ~~~/~
SCALE: I' = 40'
GOODW'IN ~
~ DALE: JAZZY ~2
c,v,. ,.o,..,.,.. - .~,,....- .u.v..o.~ .tv,sE~
LEGAL DESCRIPTION
Being a 0331 acre tract of land in the J.W. Anderson Survey, Abstract No. 18, situated in the City
of Coppell, Dallas County, Texas and being more particularly described as follows:
COMMENCING at a 5/8" iron pin found in the Snuth line of a tract conveyed to William M.
Wilson, Jr. in deed recorded in Volume 79050, Page 1553 of the Deed Records of Dallas County,
Texas, said iron pin found also being on the West right-of-way line of Bethel School Road (35'
R.O.W.); TIIENCE N 89°30'21" E, 35.53 feet to a 1/2" iron pin set on the East right-of-way line of
Bethel School Road; TIIENCE S 09°24'37" W, along the ~st right-of-way line of Bethel Sch~!
Road, 74.00 feet to a 1/2" iron pin sci; TIIENCE S 37~15'01" W, ahmg the l~st right-of-way line of
Bethel School Road, 114.08 feet to a 1/2" iron pin set; TllENCE S 13~29'47~ W~ along the ~st ~ght-
of-way line of Bethel School Road, 36.98 feet to a 1/2" iron pin set for the POINT OF BEGINNING;
TIIENCE S 06°01'46~ E, 33030 feet to a 1/2" iron pin set;
TIIENCE S 00~0'34" W, 84.02 feet to a 1/2" iron pin set;
TIlENCE N 89~59'26~ W, 35.00 feet to a 1/2" iron pin set;
TIlENCE N 00~0'34~ ~ 8232 feet to a 1~" iron pin set;
TIIENCE N 06~01'46" W, 32839 feet to a 1/2" iron pin set;
TIIENCE N 84~07~41'' E~ 35.00 feet to the l'OINT OF BEGINNING and containing
0331 acres or 14,438 square feet of land, more or less.
OODW'IN o ,t: m2 2
AR HALL . ,,o .. or
CIVIL EIIQIIIEEn9.. - PLAIIHEflg ~ gUflVEYOflA.. REVISED
ffOOl B~ BI~ET, ~IE fO0 F~T W~'tl, TEXAB IOll~ ., .....
UPDA1 ED '
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS DEED 8.00
TOTL
AD01 7309 ODO(iOOD 5582 10:34AM
ORDINANCE NO. ~ ~ ~
AN ORDINANCE OF THE CI~ OF COPPELL, T~S, AMENDING THE CODE OF
ORDINANCES OF THE CI~ OF COPPELL TO CHANGE THE NAME OF A PORTION OF
BETHEL SCHOOL ROAD TO HARRIS STREW; PROVIDING A REP~LING C~USE;
PROVIDING A SEVERABILI~ C~USE; AND DEC.RING AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CI~ COUNCIL OF THE CI~ OF COPPELL, TE~S:
SECTION 1. AMENDING SECTION 1-4-2 OF CHAPTER 1 OF CI~ CODE
Section 1-4-2 of Chapter 1 of the Code of Ordinances of the Ci~ of Coppell is
hereby amended by adding thereto a new subsection D to read as follows:
Sec. 1-4-2 STREET NAME CHANGES
"D. The name of that portion of Bethel School Road from the
Bethel School Road/Harris Street intersection, southerly to its
termination in the Big Cedar Subdivision is hereby changed to
Harris Street."
SECTION 2. REPEALING CLAUSE
All parts of ordinances, inconsistent or in conflict with the provisions of this
ordinance are hereby repealed. Ordinance 92-539 is specifically repealed.
SECTION 3. SEVERABILITY CLAUSE
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 so decided to
be invalid or unconstitutional.
SECTION 4. EFFECTIVE DATE
This ordinance shall take effect immediately from and after its adoption as the law
Ordinance, Page 1
9210 . ,3290
in such cases provides.
DULY PASSED by t~e City Council of the City of Coppell, Texas, the /¢
day of _~~..~/,¢ 1992.
APPROVED:
ATTEST:
- CITY S~v/t3R~Y
APPROVED AS TO FORM:
COO92-0408A
Ordinance, Page 2
92 i 0ti~ J291