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Cambridge Phase 1-AG 940823CITY COUNCIL MEETING: AGENDA REQUEST FORM August 23, 1994 ITEM CAPTION: Consideration and approval of an ordinance abandoning a sanitary sewer easement in The Estates of Cambridge Manor in exchange for the dedication of a sanitary sewer easement to the City of Coppell and authorizing the Mayor to sign. SUBMITTED ~: Kenneth M. Griffin, ~.E~ TITLE: Assistant City Manager/City Engineer INITIALS STAFF COMMENTS: See attached memo. STAFF RECOMMENDATION Approval ~ Denial EXPLANATION: Staff will be available to answer any questions concerning this issue. BUDGET AMT.$ W/~ FINANCIAL COMMENTS: AMT. EST.$ +/- BUD:$ FINANCIAL REVIEW:~ Agenda Request Form Revised 1/94 CITY MANAGER REVIEW: SUPPORT DOCUMENTATION FOR AGENDA ITEM STAMP RECEIVED BY CITY MANAGER'S OFFICE: SUPPORT DOCUMENTATION SUBMITTED WITH ITEM: MEMOS/LETTERS/REPORTS/BILLS/MINUTE: NO. OF ORIGINALS REQUIRED ~, 1 for a total of pages CONTRACT/AGREEMENT ........... : C.I.P. CONTRACT ................. : CHANGE ORDERS ................. : 3 originals for signature 6 originals for signature 3 originals for signature ORDINANCE .................... : CAPTION ....................... : RESOLUTION .................... : PROCLAMATION ................. : 1 blueback for signature + 3 copies 1 blueback for signature 2 blueback for signature + 1 copy 2 blueback for signature + 1 BIDS .......................... SUPPORTING DOCUMENTS (narrative) . . . (over 10 pages or 5 double sided in length) LOCATION MAPS ................. : ZONING PLANS .................. : PRELIMINARY/FINAL PLATS ......... : SITE PLANS ..................... : LANDSCAPE PLANS ............... : ARCHITECTURAL RENDERINGS ....... : LENGTHY DOCUMENTS ............ : (zoning, subdivision ordinance, master plans) DATE PUBLISHED IN THE CITIZENS' ADVOCATE: (to meet legal requirements prior to consideration by council) NOTIFICATION TO: METHOD OF CONTACT: NOTES 1 each 19 + original 14 14 14 14 14 14 14 Agenda Request Distribution - Revised 1/94 · onss! s!ql ~um~oouoo suo!lsonb Lus Jo~xsus ol olqSl!SAs oq li!,~ JJ~lS · luomosso ISUO!l!pps us ~oj o~usq~xo u! luouraopusqs aR jo IsAoJdds spuounuoooJ pus lsonbo~ s!ql pO~O!AOS ssq luoLmjsdoQ ~uvoou!~uH lloddoD jo LI!;D oqj, '~odo~d s!q o~I!ln ~olloq ol luouIoseo Joaxos Larl!uss oql olsvo[o~ ol ~u!qs!ax st ~ouaxo L~odo~d oqj, 'pusI jo l~sJ1 omrs ohU uo luo~uoseo IeUO!l!pps us Joj ogusqoxo u! ol!s uo luomosso us jo luomuopurqr oql gu!lsonbo~ Jour~ ogp!~qureD jo soll~lS~{ oq~L jo ~OUA~O Oql guq. luoso~do~ ~oou!gu~{ oql Lq poqoroJdds uooq srq luou~l~rdocI gu!~oou!gu~I IloddoD jo LI!D 1~66I ' gI lsn~nv :o~sQ u~s ol soL, IA! oql gu!~aoqln~ pu~ iioddoD ~o LI!D oql ol luomos~o ~oaxos fa~l.m~s ~ jo uo!l~o!pop oql ~oj o~u~qoxo u! $ou~IAI o~p!Jqm~D jo sol~sH oqj, ut luou~osso Joaxos fasl.rass s Su.mopusqs o3usu!p~o us jo IS^oJdde pure uo!ls~op!suoD 1~ ~oou!~u~ LI!D/~O~su~IAI LI!D lusls!ssv "~I'd 'uxJJ!~9 'IAI qlouuo~I I!ounoD LI!D puc JoLslN :tuo.[q :O,L Frank Johnson Broker Associate August 15, 1994 Mr. Ken Griffin City Engineer City of Coppell 255 Parkway Boulevard Coppell, Texas 75019 Dear Mr. Griffin: Per your request of August 12, 1994, regarding the abandonment of the current sanitary sewer easement on the property owned by Beamer Development, Inc., the following is hereby submitted to The City of Coppell and is the opinion of a Texas Real Estate Commissioned Broker: The current easement running east and west on Beamer Development's land will be abandoned and a new easement will replace the aforementioned easement. A new ten inch (10") sanitary sewer line is currently being installed in the proposed easement. This new easement combined with street right-of-way dedicates more area than the abandoned easement, which ultimately enhances benefits to The City of Coppell. In summation, the proposed new easement encumbers more property than the abandoned easement, thusly would have more value to The City of Coppell if purchased. Mr. Griffin, if you have any questions or inquiries regarding my brokers opinion, please feel free to call me at 214/462-8181. Sincerely, RE/MAX DFW Associates ~./~~ DFW Associates 500 S. Denton Tap Coppell, Texas 75019 Office: (214) 462-8181 Personal 24-Hr: (214) 912-3400 Each Office Independently Owned and Operated AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A UTILITY EASEMENT DESCRIBED HEREIN IN FAVOR OF THE ABUTTING PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE DEDICATION TO THE CITY OF COPPELL OF ANOTHER UTILITY EASEMENT BY THE ABUTTING PROPERTY OWNER, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the utility easement herein described is no longer needed for City services; and WHEREAS, the abutting property owner desires that said utility easement be abandoned and in consideration thereof has dedicated to the City of Coppell, Texas, an additional utility easement, described in Exhibit "A" attached hereto, which is needed by the City for public purposes; and WHEREAS, a proper appraisal has been conducted insuring that the abandoned easement and the easement which has been dedicated in exchange for the abandoned easement are of equal fair market value; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas has determined that the hereinafter described utility easement is no longer needed or necessary for public purposes and should be, and is hereby, abandone~l in favor of Beamer Development, Inc., the abutting property owner, in exchange for the dedication of an additional utility easement which is needed by the City for public purposes, described in Exhibit "A", attached hereto and made a part hereof for all purposes. The utihty easement hereby abandoned is described as follows: "BEING the centerline description for a 20-foot wide utility easement as recorded in Volume 958, Page 899 of the Deed Records of Denton County, Texas, said easement being across a 30.2 acre tract of land in Denton County, Texas situated in the W. A. Trimble Survey, Abstract No. 1268, said tract conveyed to Cicero Long by partition deed from Sam Long et al, dated January 22, 1955 and recorded in Volume 406, Page 576, of the Denton County Deed Records, said centerline before more fully described as follows: BEGINNING at a point in the west line of said Long tract, said point being N, 00° 21' 44" E., 25.00 feet from the most westerly southwest comer of said Long tract, same being the northwest comer of a 0.512 acre tract of land conveyed to Charles M. Renfro by deed dated April 26, 1971 and recorded in Volume 620, Page 445 of the Denton County Deed Records; THENCE S, 89' 37' 51" E., 437.05 feet to the end of said utility easement at a point in the east line of said Long tract, said utility easement containing 0.200 acres of land more or less." SECTION 2. That the fair market value of the said utility easement being dedicated in exchange for the easement being abandoned has been determined by an appraisal to equal or exceed the fair market value of the easement being abandoned. SECTION 3. That this abandonment ordinance shall constitute a Quitclaim Deed in favor of Beamer Development, Inc., the abutting property owner, and a certified copy of the same may be filed in the Deed Records of Denton County, Texas, to indicate such abandonment. SECTION 3. That the abandonment provided for herein shall extend only to the public fight, title and interest which the City of Coppell, Texas, may have in and to said utility easement, and shall be construed to extend only to such interests that the governing body of the City of Coppell, Texas, may legally and lawfully abandon. SECTION 4. That this ordinance shall become effective 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, this the d yof ,1994. APPROVED: ATI'EST: APPROVED AS TO FORM: LIND~ GRAU, ASSISTANT CITY SECRETARY PETER G. SMPFH, CITY AT'rORNEY (POS/id 8-10-94) 3 DOV~DEY, ANDERSON & ASSOCIATES, INC. 16550 OAL~ ~$ PARKWAY SUITE )OO (Zl~. } ~J5 I- 06(Jq DALLAS Eo Bike Path. REGULAR SESSION 4. Reconvene Regular Session. 5. Invocation. Councilmember Stahly led those present in the Invocation. 6. Pledge of AHegiance. Mayor Morton led those present in the Pledge of Allegiance. 7. Citizen's Appearances. There were no citizen's signed up to appear under this item. CONSENT AGENDA Discussion concerning revising the design for Sandy Lake Road from MacArthur Blvd. to the east City Limits to accommodate an on-street (Open to the Public) Consider approval of the following consent agenda items: A. Minutes of: August 9. 1994 August 16, 1994 B. Consideration and approval of the certification of the 1994 anticipated tax collection rate for the period of July 1, 1994 through June 30, 1995 and the amount of excess debt collections during the period of July 1, 1993 through June 30, 1994. C. Consideration of accepting the resignation of Tim Torno, Alternate Commissioner, on the Board of Adjustment. D. Consideration of the preliminary design of Sandy Lake Road from MacArthur Blvd. to Denton Tap and gaining Council approval to proceed with the f'mal plans. Eo Approval to authorize Dallas County to proceed with revising the design for Sandy Lake Road from MacArthur Blvd. to the east City Limits to accommodate an on-street Bike Path. Consideration and approval of an ordinance abandoning a sanitary sewer easement in The Estates of Cambridge Manor in exchange for the dedication of a sanitary sewer easement to the City of Coppell and authorizing the Mayor to sign. To consider the renewal of the Trinity River Authority contract for laboratory services for a period of October 9, 1994, to September 30, 1995, in an amount not to exceed $4,384.00 and authorizing the Mayor to sign. r'age 4 of 8 Consideration and approval of an Ordinance amending Article 203 of the Code of Ordinances, providing for the establishment of a Keep Coppell Beautiful Committee, and authorizing the Mayor to sign. To consider extending the Sandy Lake Animal Hospital contract for services for a period from September 1, 1994, to August 31, 1995, in an amount not to exceed $18,150.00. JJ Consideration and approval of a proposal from Plant Systems, Inc. for the design and installation of a Sanitary Sewer Lift Station Monitor and Control System, not to exceed $38,870.00. ge Request from Joe Bob Fikes for a sign variance extension on his banner advertising his new produce business. Consideration and approval of contract with cities of Irving and Lewisville for Dallas Water Supply Line No. 3, and authorizing the Mayor to sign. Me Consideration and approval of an Ordinance amending the Code of Ordinances of the City of Coppell, Texas, by repealing Chapter 2, Article 208, Code Advisory and Appeals Board, effective October 1, 1994, and authorizing the Mayor to sign. Items 8 D & K were pulled for further consideration. Items 8 A, B, C, E, F,G, H, I,J, L, &M-- Mayor Pro Tem Robertson moved to approve Consent Agenda Items 8 A, B, C, E, F carrying Ordinance No. 94662, G, H carrying Ordinance No. 94663, I, J, L and M carrying Ordinance No. 94664. Councilmember Watson seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stably, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. Item 8 D -- Jim Witt, City Manager, addressed the Council concerning the proposal. Kirk King, represeming TU Electric, answered inquiries from the Councilmembers concermng the power lines, followed by lengthy discussion. Mayor Pro Tem Robertson moved to approve Consem Agenda Item 8 D with a thirty (30)-day advertising campaign to begin within fifteen (15) days after the completion of a rendering of the Sandy Lake Road expansion showing the utility lines in the center of the median, with appropriate landscaping. Councilmember Mayo seconded the motion; the motion carried 7-0 with Mayor Pro Tern Robertson and Councilmembers Alexander, Stably, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. Item 8 K -- Jim Witt, City Manager, made a presentation to the Council. Joe Bob Fikes, 128 Oak Brook, Coppell, addressed the Council and asked to be able to keep the sign up for a longer period of time. Gary Sieb, Director of Planning and Community Services, also addressed the Council. Councilmember Reitman moved to gram Item 8 K for a period of forty-five (45) days. Councilmember Stably seconded the motion; the motion carried 7-0 with Mayor Pro Tem Robert.son and Councilmembers Alexander, Stably, Watson, Reitman, Mayo, and Sheehan voting in favor of the motion. Item 17 was considered at this time. Please see Item 17 below for minutes. l'a~ s of 8 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A UTILITY EASEMENT DESCRIBED HEREIN IN FAVOR OF THE ABUTTING PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE DEDICATION TO THE CITY OF COPPELL OF ANOTHER UTILITY EASEMENT BY THE ABUTTING PROPERTY OWNER, DESCRIBED IN EXHIBIT ATTACHED HERETO; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTH'UTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CI.ERK OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFE~ DATE. WHEREAS, the City Council of the City of Coppell has determined that the utility easement herein descn3~ed is no longer needed for City services; and WHEREAS, the abutting property owner desires that said utility easement be abandoned and in consideration thereof has dedicated to the City of Coppell, Texas, an additional utility easement, described in Exhibit "A" attached hereto, which is needed by the City for public purposes; and WHEREAS, a proper appraisal has been conducted insuring that the abandoned easement and the easement which has been dedicated in exchange for the abandoned easement are of equal fair market value; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas has determined that the hereinafter described utility easement is no longer needed or necessary for public purposes and should be, and is hereby, abandone~l in favor of Beamer Development, Inc., the abutting property owner, in exchange for the dedication of an additional utility easement which is needed by the City for pr)lic purposes, described in Exhibit "A", attached hereto and made a part hereof for all purposes. The utility easement hereby abandoned is described as follows: "BEING the centerline description for a 20-foot wide utility easement as recorded in Volume 958, Page 899 of the Deed Records of Denton County, Texas, said easement being across a 30.2 acre tract of land in Denton County, Texas situated in the W. A. Trimble Survey, Abstract No. 1268, said tract conveyed to Cicero Long by partition deed from Sam Long et al, dated January 22, 1955 and recorded in Volume 406, Page 576, of the Denton County Deed Records, said centerline before more fully described as follows: BEGINNING at a point in the west line of said Long tract, said point being N, 00' 21' 44" E., 25.00 feet from the most westerly southwest corner of said Long tract, same being the northwest corner of a 0.512 acre tract of land conveyed to Charles M. Renfro by deed dated April 26, 1971 and recorded in Volume 620, Page 445 of the Denton County Deed Records; THENCE S, 89' 37' 51" E., 437.05 feet to the end of said utility easement at a point in the east line of said Long tract, said utility easement containing 0.200 acres of land more or less." SECTION 2. That the fair market value of the said utility easement being dedicated in exchange for the easement being abandoned has been determined by an appraisal to eqi~al or exceed the fair market value of the easement being abandoned. SECTION 3. That this abandonment ordinance shall constitute a Quitclaim Deed in favor of Beamer Development, Inc., the abutting property owner, and a certified copy of the same may be filed in the Deed Records of Denton County, Texas, to indicate such abandonment. SECTION 3. That the abandomnent 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 utility easement, and shall be construed to extend only to such interests that the governing body of the City of Coppell, Texas, may legally and lawfully abandon. SECTION 4. That this ordinance shall become effective from and after its passage as the law and chaxter in such cases provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the ez ~ day of v/~_z~,o ~_ ~ ,1994. APPROVED: ATTEST: APPROVED AS TO FORM: t'E't'ER G. SMiOlH, CIT¥ ATrORNEY (?~S/jd S-~0-94) 3 UTI~ IT Y ~'ASEM£#T DOWDEY, ANDERSON & ASSOCIATES, INC. DALLAS PARKWAY SUITE IOO ~51-06~4 DALLAS , TE:XA$ 75~.4e