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Hager Container-CS 930810 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. ~'~-~ ~'~/'6 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF THE FIRE EASEMENT LOCATED IN THE HAGER CONTAINERS ADDITION (VOLUME 88206, PAGE 3786, DALLAS COUNTY DEED RECORDS) IN THE CITY OF COPPELL AND COUNTY OF DALLAS, TEXAS; PROVIDING FOR THE PAYMENT OF THE PUBLICATION FEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell, acting pursuant to law and upon the request and petition of Hager Containers, Inc. deems it advisable to abandon the fire lane easement described in exhibit A. 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 abandoning the same; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL: SECTION 1. That the fire lane easement described in Exhibit A, which is attached hereto and made a part hereof, be and the same are abandoned, vacated and closed insofar as the right, title and interest of the public are concerned; subject, however, to the conditions hereinafter more fully set out. SECTION 2. That the abandonment provided for herein is made subject to all present zoning restricdons. CONSENT AGENDA AGENDA REQUEST FORM CITY COUNCIL MI~TING A,tgj,~t lO, 100~ ITEM NUMBER c~- ITEM CAPTION: Consideration and approval of an ordinance providing for the abandonment of a fire lane easement, located in the Hager Containers Addition, located approximately 992 feet south of Thweat Road along the east side of Royal Lane, at the request of Southwestern Bell Telephone Mobile Systems. SUBMI3'FED BY: , ~ STA .: Gary I,. ) ~..~rector of H in~ & Comm. Services / : OTHER REt'.: DATE: EVALUATION OF ITEM: This request is merely a house keeping issue. A request was made by Southwestern Bell Telephone Mobile Systems to abandon the fire lane easement on the final executed plat for the purpose of placing a transmission tower on the site. Although the S.U.P. to operate the tower has been approved, along with the request to abandon the fire lane easement, an official ordinance had not been adopted. Approval of the adoption of this ordinance will allow the Dallas County records to reflect this change.. BUDGET AMT. AMT. +/- BUDGET FINANCIAL REVIEW BY COMMENTS: '" LEGAL REVIEW BY: REVIEWED BY CM: AGENDA REQUEST FORM RE'VISED 2/93 hager.agn SECTION 3. That the terms and conditions contained in this ordinance shall be binding upon Hager Containers, Inc., their successors and assigns. SECTION 4. That the abandonment provided for herein shall extend only to the public right, title, easement and interest, and shall be constructed to extend only to that interest the Governing Body of the City of Coppell may legally and lawfully abandon and vacate. SECTION 5. That as a condition of this abandonment GRANTEE herein, their successors and assigns, agree to indemnify, defend, release and hold the City of Coppell whole and harmless against any and all claims for damages, costs or expenses to persons or property that may arise out of, or be occasioned by or from the abandonment, closing, vacation, by the City of Coppell of the areas set out in Exhibit A. Hager Containers, Inc. hereby agrees to defend any and all suits, claims, causes of action brought against the City on account of same, and discharge any judgment or judgments that may be rendered against the City of Coppell in connection therewith. SECTION 6. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the City Manager, or his designee. The City Manager, or his designee shall deliver to Hager Containers, Inc. a certified copy of this ordinance. SECTION 7. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Coppell, and it is accordingly so ordained. DULY PASSED by th.,e City Council of the City of Coppell, Texas, this the :' day of ' ~ -" ~'1 ~' ;~f' , 1993, I APPROVED: MAYOR ATI'EST: \. CITY SECRETARY. ,-~ APPROVED AS TO FORM: CITY ATTORNEY EXHIBIT "A" Page 1 of 2 The fire lane easement is highlighted by cross hatched marks on the copy of the recorded final plat of the Hager Containers Addition (attached as page 2 of 2 of this Exhibit "A".) i - ~.--;-;-;- -_.--i---;-~ ~ :~ ,, =C ~., ;' 1 :" i'~..',,'~ i l~] iI . i '~I l ''' ; i ::;:.,,:{ .:,:: :! fill{·,il-'4 .flJ {i ~; r:,.i:::l:: -:: iii iii {!~ - .' S:,[;:: {il,l{:: I;{ {:l Il' -~l~ Ill.:l, : ,'l. l:z ~l' ,[ih.:[l i I .'I m-I · "' .'" ~..-_ }.':,.d ~ iu::i:, ~ :hllll · ri',',, ',, !!) :..,..:.., ,, , :l! Iii,, ti'il """""; : :.t.,!,:,.i:!,,'.'~..: ,.:.~': !::ii:"." ~-~: .~ "-:: "..:,. ._ ,..-:",. :il..:,,,.,:,:,-':-::"','"":"': ,',:::,'-:.-',,,.,..... ,:,:!' m:,::,'=:::~ --' i i i::'ll!hl'l-'l ! -~'"~!ii i,i :'""'"'"' ":' '" : ,:,,.~.f~ , :!-!~!}: ,,',,',.,', ,:,,,: - ... -:'.d {! ...: .:, ,,,..,,, i, l : ::~[ ':":{lil}l.~l.{i' i.' Ii:-":" l; i ~ J , .,. .. :.. ,:::,,,.,:, :;..:, ,:, - ! I I J~:i{I ![l .J"ii . 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