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Big Cedar-AG 920414ITEM 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 Harris Street from the Bethel School Road/Harris Street intersection southerly along existing Bethel School Road to its termination in the Big Cedar subdivision. SUBMITTED BY STAFF OTHER ~ ]~VALUATION OF ITEM: DATE: 4/Z/~Z On May 14, 1991 City Council approved a change to the City Thoroughfare 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 to 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 bean 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. /V~//'~ AMT. ESTIMATED AMT +/- BUDGET FINANCIAL REVIEW B¥.~.. APPROVc, D - ' BY CITY CQUI ICIL (- DATE AGENDA REQUEST FORM ~ 1/91 I ORDINANCE FOR THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~,..2~_~ '-/? 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 of Dallas County, Texas, to indicate such 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 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. 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 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 ~') ~t ,1992. PASSED.b~y the City Council of the City of Coppell, Texas, the / -/ day APPROVED: ATTEST: APPROVED AS TO FORM: APPROVED: RU~Y McDOWELL CO92-0303 CARMEN & STREET, a Texas Partnership /- 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. 72 ~-~' ? as the same appears in the records of the official ordinance book of the City, having been adopted by the City Counci,~ of the City of Coppell, Texas, on the ?,/ day of ~,4~-~'"~-'~/. , , 1992, and that I am the lawful possessor and have legal custoa'y of such recoro. the WITNESS MY HAND AND.SEAL OF OFFICE at my office in Coppell, Texas, this .~ day of ~.~ ~.~'// , 1992. / Dorothy Timm~-h-s;~--'~ Secretary City of Copp~, Texas (Seal) POINT OF COMMENCING EXHIBIT "A" PROPOSED BROCK .,STREET (50' n.o.w.) R = 50.00' / L: 46.3T C = 44.T2~ CJ~ = N 63'48'54" E ~ ./ S 37'tS'0f' w POf4T OF BEGINNING ~ S 64'OT41" W 2t20' SCALE:~ . 1": 30' NN8 8ETI ~ F~q O~ BCALE: r · ~ ~VISED 'L Being a 0.055 acre tract of land in the J.W. Anderson Survey, Abstract No. 18, situated in Ihe 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 Ihe Deed Records of Dallas County, 'Texas, said iron pin found also bei,g on the West right-of-way line of Bethel School Road (35' R.O.W.); TllENCE N 89°30'21" E, 35.53 feet to a I/2' iron pin set on the East right-of-way line of IJclhcl School Road; TI IENCE S 09°24'37" W, along the Easl right-of-way line of Bethel School Road, 74.00 feet to a 1/2" iron pin set; THENCE S 3T'15'01~ W, along the East right-of-way line of Bethel Scbool Road, 10.08 feet to a 1/2' iron pin ~t for the POINT OF BEGINNING of the herein described tract; TttENCE 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 13'29'47" 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 63°48'54~ E; TItENCE 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 less. I' ! G OODW N MARL/HALL !~ I ";~iL IN(IINF'lll~I - PLAHHP-#!" IUIIVIYO"~, EXHIBIT "B" POINT OF BEGINNING PROPOSED BROCK STREET (5o* R.O.W.) 0.~27 5,525 50.00' 4~3T 44.?Z C9. = · 63'48'54' LEGAL DESCRIPTION Being a 0.127 acre tract of hind 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 particuhu ly tlcsc~ibed tis folh~ws: BEGINNING at a 5/8" iron pin found in the South line of a tract conveyed to William IV[. 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 09024'37" W, along the East right-of-way llne 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 37O15'01' W, 68.20 feet to a 1/2" iron pin set; THENCE S 13~29'47" W, 48.21 feet to a 1/2" iron pin set; THENCE S 8~°07'41" W, 15.90 feet to a 5/8" iron pin found on thc West right-of-way line of Bethel School Road; THENCE N 13~29'47O E, along the West right-of-way linc of Bethel School Road, $6.64 feet to a ~/I~" 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 09~24'37" E, along the West right-of-way line of Bethel School Road, ~9.22 feet to the POINT OF BEGINNING mid containing 0.127 acres or 5,525 square feet of land, more or less. GOODWINg ARSHAL .g. CIVIL ENGIHBffR~ - PLAHHEP.! - IURV .I. YOfl& eeo! I1~1o~ II*nEET, r41! mw FOIIt WoRtH, I'EXA! II~M- / .-Zq- 9 7.. 9C~LE: DALE: wo. Ns R~VISED cXHIBIT"~ 84°07'41" E N SCALE: 1" = 40' ROADWAY AI~ EXISTING ~USAGE TO TIE NORll-L NO RECORDED DOCUIJ~T SHOWING RI~-OF,WAY DEDICATION HAS BEEN ~n ON FLED n~n8 A FE~ 8URVEY~ '~' ARSHALL~ ,.. CIVIL lNOl~ln9- - etAtmEn~- tunvBvon~ ~VlSt0 [ 2 LEGAL DESCRIPTION Being a 0.331 acre tract of land in the J.W. Anderson Sorvey, 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 fotand 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 fuond also being an the West right-of-way line of Bethel School Road (35' R.O.W.); TIIENCE N 89~30'21" !~ 35.53 feet to a I/2" iron pin set on the East right-of-way line of Bethel School Road; TIlENCE S 09°24'37" TV, along the East right-of-way line of Belhel School Road, 74.00 feet lo a I/2" iron pia sci; TIIENCE S 37°!5'01" TV, ahmg the I~st right-of-way line of Belhel School Road, i14.08 feet to a I/2" iron pin set; TllENCE S 13029'47" W, along the East right- al-way line af Bethel Schoal Road, 36.98 feet lo a I/2" iron pin set for the POINT OF BEGINNING; TIIENCE S 06°01'46~ ~ 33030 feet to a 1/2" iron pin set; TllENCE S 00~0'34" W, 84.02 feet to a !/2" iron pin set; TIIENCE N 89059'26" TV, 35.00 feet taa !/2" ircm pin set; TIIENCE N 00o30'34" E, 82.32 feet la a 1~2" iron pin set; TilENCE N 06001'46" W, 328_39 feet to a I/2" iron pin sel; TliENCE N 84°07'41" E, 35.00 feel to the P(}INT OF BEGINNING and contnining 0331 acres or 14,43g square feel of land, mare or less. v~tc dANUARY 1992 wo l~e g272 ~IgVISED AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~-~' ~ "/,j' AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, AMENDING THE CODE OF ORDINANCES OF THE CITY OF COPPELL TO CHANGE THE NAME OF A PORTION OF BETHEL SCHOOL ROAD TO HARRIS STREET; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; AND DECLARING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. AMENDING SECTION 1-4-2 OF CHAPTER I OF CITY CODE Section 1-4-2 of Chapter 1 of the Code of Ordinances of the City 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 I in such cases provides. DULY PASSED by the City Council of the City of Coppell, Texas, the . day of ~"{.~Z) ~/ 1992. / APPROVED: MAYOR ATTEST: APPROVED AS' TO FORM: CITY A'rTORNEY COO92-0408A CITY S E~ RETA"RY /,/ Ordinance, Page 2 Lo Carrollton, and that there seems to be a land cost in that number. The Park Board will come before the Council from time to time to inform the Council of the status of their fund raising. Irving implemented a fee structure effective April 15, 1992 for use of North Lake Park. RECYCLING COMMITTEE Councilman Weaver reported his half-day session at NTCCOG regarding recycling was very productive on market development and market study. Prices on recyclable goods are decreasing because of the abundance of recyclable materials. CONSENT AGENDA Item 26 A. To consider Case #PD-120, to change the zoning designation from (SF-9) Single Family-9, to (PD-SF- 7) Planned Development Single Family-7, on a parcel of land located along the north side of Parkway Boulevard, and along the west side of MacArthur Boulevard, and authorizing the Mayor to sign. B. Discussion and consideration of awarding a bind #Q- 0292-04 in the amount of $17,391.60 to Graff Chevrolet. C. To consider Case #S-1057, to change the zoning designation from (A) Agricultural, to (LI-SUP) Light Industrial Special Use Permit, on a parcel of land located along the north side of Beltline Road and along the west side of the Elm Fork of the Trinity River, and authorizing the Mayor to sign. D. (~ Approval of Ordinance abandoning Bethel School Road from Bethel Road to the Big Cedar subdivision and authorizing the Mayor to sign. (~) Approval of Ordinance changing the name of Bethel School Road to Harris Street from the Bethel School Road/Harris Street intersection southerly along existing Bethel School Road to its termination in the Big Cedar subdivision. Mayor Pro Tem Smothermon moved to approve Items 26-A through 26-D with Item 26-A carrying ordinance number 91500-A-17, Item 26-C carrying Ordinance number 91500-A-18, Item 26-D-~ carrying 92547 and Item 26-D-~ carrying 92548. Councilman Morton seconded the motion. The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Cowman, and Robertson voting in favor of the motion. EXECUTIVE SESSION (Closed to Public) Item 5-ES A. Article 6252-17, Section 2 (f), discussion concerning the negotiating position of the City with respect to agreements involving interests in land and the value of real property. 1. Grapevine Trunk Sewer Line B. Article 6252-17, Section 2 (e), Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Longbranch Operations 2. Status of Lawsuits C. Article 6252-17, Section 2 (g), discussion concerning personnel. 1. City Manager's evaluation The City Council convened into Executive Session at 9:10 p.m. as allowed under the above stated articles. Mayor Wolfe adjourned the CM041492 Page 8 of 9