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Creekview Add EA-ES 890726~,q~ :,' ,..~'., . - ~ ' . .~, ;-;,,,., .. .... ~,, COPPELL/LB/~89060 ' ~... AFTER RECO~DINC, ~ETURN ~~ AHE~ICAN TITLE ~'~T10~s~ 500 $ DENTON TA~ ~p~oouc~s~ COPPELL, TEXAS 750~9 THE STATE OF TILXAS ," KNOW ^1,1, MEN BY TIIESE PItEgENI$: ~UNTY OP DALL~ ' ~IAT we, GEORGE E. U~ON and wire, IIAWN M. U~()N or DRllas County, Texas, In consideration or the mum or One and un/lllll Dollam {S1.1111) m~d olhe~ Eood and valuable ~nslderation In hand paid by City of (:op~il, Text, receipt of which Is hereby acknowledged, and In eonslderntlon of abando~d.E certain other sanitary sewer easements at the r~uest of Rrnntors, ~ by the~e I~resents grnnl, b~rgnl., sell convey unto City of ~p~H. Te~, the free and unhH~rrupted use, liberty n.d prlvlleRe of passage In, alonE, u~n and across the followln~ d~serlbed property owned by ttq for tho.purpose of eonstrueUng and malntnlnlnE a sanitary sewer e~eme, t. Said propRrty beln~ situated In Dallas County, Texas, and belaR described on Exhibit "A" attached hereto and mede n part hereof fo~ all pur~s~ and shown on the pint attached hereto aS Exhibit "B" which Is made n pert hereof for nil pur~ses. (It Is further ng~eed that the said City or Coppell, Texas ht eouslderatlo. of the benefits above set out, may remove from the property above described, such fenees, bulldln~ and other o~tru~tlons ns may be found u~n said property.} For the put.se of ~nstruetlnR nnd mnhttalnln~ n sanitary ~ewer, sewer mains and water mains, In, along, u~n and nero~ said premises, with the clEht nnd ~lvlleEe, at all times of the grantee herein, Its nRents, employees, workmen re~esentatlves having InEress, egress, and reRress In, along, upo. nttd aero~q ~nld premis~ for the put.se of ~nstruetlnR, making mldltlons t6, Improvements o. nnd repaim to the said utility or any part thereof. ~ IIAVE AND ~ IIOLD unto the said City of Co~eli, TexM, for the pur~s~ aforesaid, the premls~ a~ve described. ~eeuted this the~ ~day of ~ , 1989. 89173 2136 ' EINOLg ACKNOWLEDUM F. NT, Tile BTATE OF TEXA.q COUNT~/' OF DALLAS BEFORE ME, the undersigned authority, I, and for'sal~ County, Texe.,t, on thll day personally appeared C]EORC]E E:. DIXON, km)w(t to me to bi. the per~o, whose name la subscribed to the foregoing Instrument, and nek,owledged to bil.: that lie executed the same for the purpose, and consideration therel, expressed. ,,,,"L.,~i.VEN~. UNDEIt MY IIANU AND OF ~doy or ¢ "J14¥ OM IVl ISSlOl't EX PIEE5 - 8INGLE ACKNOWLI~DC]M ENT TIlE BTATIt OF TILl[A9 COUNTY OP DALLAS I thI" day BI':PORE Mit, the tmderslglted authorlt.v, I, a,d I'oe ,eh* ¢i¢),,ty, *r~xo.% fm personally appeerSd DAWN M. DIXON, I~n¢,w,i to me t.o_.t~, the person who~e name la subscribed to tile roregoing Instrument, and acknowledged to R~t~ that he executed the'same for the purpose~ and consideration thereht expressed. -' , 1989. y or t~ ",.'~ ~.J In ,nj fo~ the State .fluas OMMiSSION EXPIItEE'. -- i 89173 2137 Barry Rhodes & Associates, Inc. LAND SURVEYING gsg9 $. (gl ) 27g- 050 ~TATg OF TEX~S~ COUI~Y OF DAI~.AS~ Sanitary Sewer Easement BEXNC s portion of Lot 20 Block B of F£Eth Section North Lake Woodlands, an addition to the City of Coppell, Texas, according to the Hap Recorded in ¥olume 78238, Page 2025 Hap Records, Dn~las County, Texas, sad bainR des~r'~bed as followst BI. INNING at an iron rod for corner in the South R.O.W. line of Nesdowcreek Rend, said point bet]~g the Northeast corner of Lot 20 and the Northwest corner of LBt 191 THFJqCE South 05 deRroes Ol minutes 48 seconds East along the east line of said Let 20, n distance of 100.54 feet to a point in the North line of a 20 foot sanitary newer easement recorded in ¥oluma 68079, Page 102! TH~CE North 89 degrees 19 minutes 10 seconds West along the North line of said easement, s distance of 6.03 feetl THENCE North 03 degrees Ol minutes 68 seconds West, s distance of 100.79 feet to a point in the South R.O.W. ~ine of Hasdovcreek Road, said point being in · curve to the 'right hnvinR s central earle of el degrees 37 minutes &Tseconds a radius ~f 12S feet, s chord hearing of North 89 degrees 51 minutes ~8 seconds Esot, · distance of 3.55 feet! TRENCEelonR said curve afl arc distance o~ 3.$5 feet~ THENCS South 99 degrees 19 uinutes 10 seconds East along ssid R.O.W. , s distance of 2.4? feet to the PLACE OF BF~I#NING and Conteinina 60~,982 square feet of land. EXHIBIT 89173 2138 £/168 ,SUBi~IISSION DEADLINE: l~iv.: II. 5:0~~ .m. Monday - 8 Days Precediug; ~y Council Effective 1/20/88 R~. UEST ' ~, ~FO COUNClLMEETING. March 28, 1989 ~ REF/FILE ~ : -- ~ -- ~ R CI~' 153 Meadowcreek Discussion and consideration of approval of' a ITEM CAPTION : Resolution abandoning certain easements in exchange for additional easements in connection with property located at 153 Meadowcreek and authorizing the Mayor to sign. III. ACTION RECOMMENDED : Approval of the Resolution IV. REP. IN ATTENDANCE A: STAFF- B: OTHER- Steve Goram, Public Works Director Larry Jackson, City Attorney V. NOTIFICATION TO Laura Barnett 462-8725 VI. METHOD OF CONTACT : DATE : FINANCIAL REVIEW : 1. BUDGETED ITEM 2. BUDGET AMOUNT 3. ESTIMATED AMOUNT FOR THIS ITEM 4. AMOUNT OVER OR UNDER BUDGET 5. LOW BIDDER RECOMMENDED N/A YES NO YES NO SOURCE OF FUNDING CO'S OR BONDS FUNDS : (Series or year authorized) : OPERATING BUDGET' (Account Number) : OTHER : AGENDA REQUEST FORM DMEMOI APPROVED BY CITY MANAGER-": ITEM NUMBER A RESOLUTION OF THE CITY OF COPPELL, TEXAS RF OLU O A RESOLUTION OF THE CITY OF COPPELL, TEXAS, INDICATING ITS AGREEMENT TO EXCHANGE CERTAIN UTILITY EASEMENTS OVER PROPERTY KNOWN AS 153 MEADOWCREEK, COPPELL, TEXAS, FOR LIKE EASEMENTS OVER THE SAME PROPERTY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been found that a house and other improvements have been built over utility easements heretofore granted to the City across the property known as 153 Meadowcreek in the City of Coppell; and WHEREAS, the property owner has requested that the City accept dedication of a like easement in exchange for the abandonment of the easements which have been encroached upon; and WHEREAS, the City has determined that such exchange should be made in order to assist the owner in clearing title to the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Seetion 1 That the City Council of the City of Coppell agrees to exchange the encroaching easements, marked in red on the plat attached hereto as Exhibit "A" in exchange for dedication of a like easement over the area marked in yellow on Exhibit "A". Exhibit "A" being attached hereto and made a part hereof for all purposes. That upon proper survey of the easements in question an ordinance will be adopted abandoning the encroaching easements to become effective upon dedication to the City of the new easement above mentioned. Section 2 day of ./ This resolution shall become effective upon its passage as the law in such eases provides. the City Council of the City of Coppell, Texas, on the DULLY PASSEI~' by A~P~OVED AS TO FORM: City Atto ~y ' - - CR89-0324 ATTEST: · EXHIBIT Romp ./ Romp EXHIBIT ',,~ :.~l~'w~ ~',*"~ rr.rr~'-/rl? ry. cl~f(,t¥1'L'~' FOR ./ \x Rev. 4-74-~ i "AGENDA REQUEST FORUM Considerationo"Sf ~r(~an rdinance abandoning certain easemen__q.t_,.s in connection w~t~, prop~ty located--at 153 Meadowcreek and authorizing Mayor to s~ ~ ~. f tl l ~ 'UBMITTED EY ~ ~~ STAFF REP.. Steve Gor~m ~ : . ~-- - - . - (Director's Signature) - OT~ER R~.: Larr~ Jackson EVALUATION OF IT~: DATg: June 5, 1989 The ordinance requested is a follow-up to the resolution Council approved on March 28, 1989 (Resolution #032889) where Council approved abandonment of certain easements in exchange for additional easements in connection with property at 153 Meadowcreek. BI. GET AMT.: N/A AMT. ESTIMATED: N/A AMT. +/- BUDGET: '":' FINAMCIAL RBVI~I BY: COM]~EF. TS: LEGAL REVIEW BY: AGEt~A REQ FOR~.05$SD$ REVI~VED BY CI~: Rev. 4-24-89 SUPPORT DOCUMENTATION FOR AGENDA ITEM 5TAMP RECEIVED BY CITY MANA(F'~'S OFFICE: ~'~' SUPPORT DOCUMENTATION SUBMITTED WITH AGENDA ITEM:_ MEMOS/LETTERS/REPORTS/BILLS/MINUTES: NO. OF ORIGINALS REgUIRED 1 each CONTRACT/AGREEMENT C I P CONTRACT CHANCE ORDERS ....................... ORDINANCE ........................... : CAPTION .... ~: : PROCLAMATION ........................ : 3 originals for signature 6 originals for signature 3 originals for signature ~ 1 blueback for signature + 3 copies 1 blueback for signature + 3 copies ~// 2 bluebacks for signature + 1 copy 2 bluebacks for signature + I copy BID ' leach LOCATION MAPS ....................... : ZONING PLANS ........................ : PRELIMINARY/FINAL PLATS ............. : SITE PLANS .......................... : LANDSCAPE PLANS ..................... : ARCHITECTURAL RENDERINGS ............ : ,~ 12 12 12 12 12 12 DATE PUBLISHED IN THE CITIZENStADVOCATE: NOTIFICATION TO: DATE/METHOD OF CONTACT: NOTES 2ND SHEET.0588DS AN ORDINANCE OP Tile CITY OP COPPELL, TEXAS ORDINAI~CE SO. ?~- ~/~/ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A SANITARY SEWER EASEMENT IN FAVOR OF THE CURRENT PROPERTY OWNER IN EXCHANGE FOR ANOTHER EASEMENT AT A DIFFERENT LOCATION; PROVIDING THAT SUCH ABANDONMENT SHALL BE ALL THE INTEREST THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SUCH ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, Texas, has determined that the City has no further need for the certain portions of easements hereinafter described and that the City's interest therein should be abandoned in exchange for an easement at a different location over the property; and WHEREAS, the current owner of the property on which said easements exist desires to make an exchange of said easements; and WHEI~EAS, the City has determined that the fair market value of the easement being received by the city exceeds the fair market value of the City's interest in the easement being abandoned; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the hereinafter described portions of sanitary sewer easements within the limits of the City of Coppell, Texas, are no longer needed or necessary for City public purposes as an easement and should be abandoned in favor of the current owner of the property burdened with said easement. The portions of sanitary sewer easement being abandoned are shown on the Plat attached hereto as Exhibit "A" and further described in two seporate Tracts (Tract I & Tract II) by metes and bounds, as follows: TltACT I BEING a santitary sewer easement on portions of Lot 20 Block B of Fifth Section North Lake Woodlands an addition to the City of Coppell, Texas, according to the Map recorded in Volume 78238, Page 2025 Map Records, Dallas County, Texas and being described as follows: BEGINNING at an iron rod for corner in the South It.O.W. line of Meadowereek Road, said point being the Northeast corner of Lot 20 and the Northwest corner of Lot 19; THENCE South 5 degrees 01 minutes 48 seconds East along the East line of said Lot 20, a distance of 100.84 feet to a point in the North line of a 20 foot sanitary sewer easement recorded in Volume 680?9, Page 102; THENCE North 89 degrees 19 minutes 10 seconds West along the North line of said easement, a distance of 21.95 feet to a point at the beginning of a. curve to the left having a radius of 134.03 feet and a central angle of 28 degrees 08 minutes 12 seconds, a chord bearing of North 09 degrees 02 minutes 17 seconds East, a distance of 65.16 feet; THENCE along said curve an are distance of 65.82 feet; THENCE North 5 degrees 01 minutes 48 seconds West, a distance of 36.0 feet to a point in a curve in the South R.O.W. line of Meadowcreek Road, said point being in a curve to the right having a central angle of 01 degree 3? minutes 4? seconds, a radius of 125 feet, a chord bearing of North 89 degrees 51 minutes 58 seconds East, a distance of 3.55 feet; THENCE along said curve an arc distance of 3.55 feet; THENCE South 89 degrees 19 minutes 10 seconds East along said I~.O.W., a distance of 2.4'/ feet to the PLACE OF BEGINNING and containing 942.922 square feet of land. TI[ACT !I BEING that portion of Lot 20 Block B of Fifth Section North Lake Woodlands an addition to the City of Coppell, Texas, according to the Map recorded in Volume ?8238, Page 20~.5 Map Records, Dallas County, Texas, and being that portion of the house on said lot 20 that lies in a 20~ sanitary sewer easement recorded in Volume 680~9, Page 102 Deed l~.eeords, Dallas County, Texas, and being described as follows: BEGINNING at a point for corner at the intersection of the East line of said house and with the North line of said 20~ sanitary sewer easement, said point being South 05 degrees 01 minutes 49 seconds East, 100.84 feet and North 89 degrees 19 minutes 10 seconds West, 6.13 feet from the Northeast corner of said Lot 20; THENCE South 5 degrees 01 minutes 48 seconds East, a distance of 3.2? feet to a point for corner; THENCE South 84 de~'ees 58 minutes 11 seconds West, a distance of 12.2 feet to a point for corner; THENCE North 5 degrees 01 minutes 48 seconds West, a distance of 3.2 feet to a point for corner; THENCE South 84 degrees 58 minutes 11 seconds West, a distance of 12.83 feet to a point for corner; THENCE North 19 degrees 45 minutes 41 seconds East, a distance of 2.71 feet to a point for corner; THENCE South 89 degrees 19 minutes 10 seconds East, a distance of 24.01 feet to the PLACE OF BEGINNING and Containing 70.65 square feet of land. SECTION 2. The City of Coppell, Texas, hereby abandons all its right, title, and interest in and to said portions of easements as above described and abandons all sueh interest the City may have therein in favor of the current owner of the property burdened by said easement. SECTION 3. That the abandonment of the Cityis interest in said easement shall constitute a quitclaim deed in favor of the current owner of the property burdened by said easement, and a certified copy of this ordinance may be filed in the Deed Records of Dallas County, Texas, to indicate sueh abandonment. SECTION 4. The abandonment provided for herein shall extend only to the public right, title, and interest of the City of Coppell, Texas, in and to said portion easement, and shall be construed to extend only to the interest that the governing body of the City of CoppeU, Texas, may legally and lawfully abandon. SECTION 5. The provisions of this ordinance are severable, and should any section, paragraph, sentence, clause or purchase thereof be declared unconstitutional or void, such declaration shall not effect any of the remaining portions hereof. SECTION 6. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY P~ED by the City_ Council ~f the City of Coppell, Texas, this the /. ~ day of ~~ 1989. APPROVED: ATTEST: CITY SECRETARY . APPROVED AS TO FORM: C089-0608 EXHIBIT CERTIFICATE OF crrY SECRETARY THE STATE OF TEXAS CITY OF COPPELL I, the undersigned, City Secretary of the City of Coppell, Texas, a municipal corporation, in performance of the functions of my office, hereby certify that the attached ordinance is a full, true and correct copy of Ordinance .o. ,f?-~A// as the same appel-' of record in the Officio' Ordinance Book of the City, having been adopted by ~.~ City Council of the City of Coppell, Texas on the ~ day of ~ 1989, and that I am the lawful possessor and have legal custody of such record. WlTNE~ MY EAI/D AED SEAL OF OFFICE at my office in Coppell, Texas this the ~,~ day of (' ~(~-~-~ _ 1989. City S~eret{ry, Coppell, Texas (seal) A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO.~. ! A RESOLUTION OF THE CITY OF COPPELL, TEXAS, INDICATING ITS AGREEMENT TO EXCHANGE CERTAIN UTILITY EASEMENTS OVER PROPERTY KNOWN AS 153 MEADOWCREEK, COPPELL, TEXAS, FOR LIKE EASEMENTS OVER THE SAME PROPERTY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been found that a house and other improvements have been built over utility easements heretofore granted to the City across the property known as 153 Meadowcreek in the City of Coppell; and WHEREAS, the property owner has requested that the City accept dedication of a like easement in exchange for the abandonment of the easements which have been encroached upon; and WHEREAS, the City has determined that such exchange should be made in order to assist the owner in clearing title to the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TF_,XA~: Section 1 That the City Council of the City of Coppell agrees to exchange the encroaching easements, marked in red on the plat attached hereto as Exhibit "A" in exchange for dedication of a like easement over the area marked in yellow on Exhibit "A", Exhibit "A" being attached hereto and made a part hereof for all purposes. That upon proper survey of the easements in question an ordinance will be adopted abandoning the encroaching easements to become effective upon dedication to the City of the new easement above mentioned. Section 2 This resolution shall become effective upon its passage as the law in such cases provides. DULY P,A~ED~y the City Council of the City of Coppell, Texas, on the day of _~,/~,~, 1989. THE~~ C~ELL, TF_.,X AS City Atto CR89-0324 ATTEST: · City Secreta y/ ,/' /' / / / \ '\ / / ! / f / ~ / / / 1// ! ! ! I'~..._ / / ' / /