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Gateway BP(1.6)-AG 010410 ITEM CAPTION: Consider approval of an Ordinance abandoning a portion of a right of way easement on Exchange Circle, located on Lot 3, Block 2 of Gateway Business Park, and authorizing the Mayor to sign. SUBMITTED BY: Gary L. Sieb TITLE: Director of Planning and Community Services STAFF COMMENTS: Date of P&Z Meeting: N/A Decision of P&Z Commission: N/A On March 6, 2001 City Council approved a replat for Lot 3, Block 2 of Gateway Business Park, subdividing this into Lots 3A, 3B and 3C to allow for the development of an office/warehouse building on Lot 3B. A condition of the replat was the City Council's approval of the proposed abandonment of 16,807 square feet of Exchange Circle and dedication of 5,820 square feet, allowing for the relocation of the cul4e-sac from Lot 3A to Lot 3C. The City has no utilities in this easement. The franchise utility companies have stated that they do not have utilities in the easement and no plans to utilize the easement in the future. Staff recommends approval. DIR. INITIALS: FIN. REVIEW: CITY MANAGER REVIEW:-*"-'-- Agenda ~ Form - Revised $/00 Documem Name: 0: ' -~,~-O "~"i" :'"" ':' ':'"'"' Plannin~ Dmpadmen! Z55 Pmlmay Blvd. ~ T~ 7~1~ ~ ~..And~ L Roy ~ ~h~ CirGII Mdo~m ~d ~on Am t, Bi~ ~, Om~y Bu~ ~~ Inn., d~ ~~r, ~ ~ Ms. R~y: T~ ~n~ ~ m~ i~ appIov~ of.W~ ~ndon~ ~ ~ P~ (16,807 ~.~ ~0.~ Pla~ ~ ~e ~emign~ ~nt~ h~ no plena ~ u~lgn~ u~~ ~m the O~ingn~ ~onlng ~ ~ In such ~Y, ~ ~ Engin~ TXU Electric & Gas 14400 J,~sey Lane Farmers Branch, TX 75234 L-~AR 3 0 2001 March 27, 2001:. City of Coppell i Planning Department ' 255 Parkway Blvd. Coppell, Texas 75019 Attn: Ms. Andrea L. Roy RE: Exchange Circle Abandonment Haverty Expansion Block 2, Lots 3A, 3B, 3C & Common Area 1, A Re-Plat of a Part of Lot 3 and Common Area 1, Block 2, Gateway Business Park, prepared by Halff Associates, Inc., dated December, 2000 (the "Re-Plat") Dear Ms. Roy: The undersigned has reviewed and approved the Re-Plat, as evidenced by its execution of the Re-Plat. In connection therewith, the undersigned hereby states as follows: 1. The undersigned has no utilities currently located in the area entitled "Right-of-Way Abandonment By This Plat (16,807 Sq. Ft. or 0.3858 ac.)" on the Re-Plat; and 2. The undersigned currently has no plans to install utilities within said area in the future. 3. At which time Havertys proceeds with the expansion, a replat will be required enabling the undersigned to add an easement(s) to service this expansion. Thc undersigned understands that the City of Coppell intends to pass an ordinance abandoning its interest in such area. Sincerely, Rick Fielding CORPn88840. I AT&T Broadbmnd 2951 K:,nwe$1 PArkway Irving. TX 75063 March 27, 2001 City of Coppell ~'!A'z~ '~ 0 ~'O0l Planning Depm'tmem i .... '---'--- 255 Parkway Blvd. I Coppell, Texas 75019 ' AUn: Ms. Andrea L. Roy RE: Exchange Circle Abandonment Haveny Expansion Block 2, Lots 3A, 3B, 3C & Common Area 1, A Re-Plat of a Part of Lot 3 and Coo-,:¥~n Area 1, Block 2, Gate:way Business Park, prepared by I-Inlff Associates, Inc., dated December, 2000 (the "Re-Plat") Dear Ms. Ro~ The undersigned has reviewed and approved th~ Re-Plat, as evidenced by its execntion of the Rg-Plat. In connection ttm"ewith, the undersigned hereby states as follows: 1. The undersigned has no utilities currently located in the area entitled "Right-of-Way Abandorgneut By This Plat (16,807 Sq. Ft. or 0.3858 ac.)" onthe Re-Plat; and 2. The undersigned curremly has no plans t.o install utilities within said area in the future. The undersigned understands that the City of Coppell intends to pass an ordinance abandoning its interest in such ~rea. Sinceret~, ~:~) IRocyclod Pal~mr ,~ Dallas. Texas 75204-4064 ~ 2i4~ 855-8888 ,~ Fax 214. 855-8848 JUN -- 5 ~001 D[rect Dla! ~!4'8553882 REPUBLIC TITLE June 1,2001 Ms. Andrea L. Roy City of Coppell - Planning Department 255 Parkway Boulevard Coppell, IX 75019 Re: Our File No. 00RII867/CR0 CATELLUS DEVELOPMENT CORPORATION to HAVERTY FURNITURE COMPANIES, INC. Abandonment Ordinance for a oortion of Exchange Circle for Havertv's Expansion Dear Ms. Roy: Pursuant to the closing of the above referenced transaction, we enclose herewith the recorded original of City of Coppell Ordinance No. 2001-941, as filed of record in the Dallas County Clerk's Office on April 27, 2001, recorded in Volume 2001083, Page 2600. Should you have any further requirements concerning this matter, please do not hesitate to contact either the undersigned or Leslie Wheeler at (214)855-8880. Sincerely, Commercial Policy/Audit Department kls:encls. cc: Anne Marie LaPlace, Esq. (w/copy) Sharon C. Duvall, Esq. (w/copy) REPUBLIC TITLE OF TEXAS, INC. A SUbSiDIARY OF Fir.~'t.-~merit'an ~t/e [n~t~ra,,tt'e Coml~dnv ~ T,TLE INSURANCE AGENT FCR. Chmcago ~lle Insurance Ccmcany. Commonwealth ~nd insurapce Tile Comcany. F:tst Amer~an Tile Insurance Comcary. Lawye~ Time AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE 04/27/01 26202£8 $19.00 l)eed AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A PORTION OF THE RIGHT OF WAY EASEMENT ON EXCHANGE CIRCLE, CONTAINING 16,807 SQUARE FEET, LOCATED ON LOT 3, BLOCK 2 GATEWAY BUSINESS PARK, AS DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, IN EXCHANGE FOR THE DEDICATION OF 5,820 SQUARE FEET OF RIGHT OF WAY FOR EXCHANGE CIRCLE, AS DESCRIBED IN EXItIBIT B; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DALLAS COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the right of way for a portion of Exchange Circle located on Lot 3, Block 2 Gateway Business Park, an Addition to the City of Coppell, Texas and more particularly described in Exhibit "A" attached hereto, is not being utilized and is no longer needed for City services; and WI-IEREAS, the abutting property owner desires that said right of way easement be abandoned; and, V~EREAS, in consideration thereof said property, owner has agreed to dedicate 5,820 square feet of land to the City of Coppell, Texas, and 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 finds and has determined that the right of way easement for a portion of Exchange Circle located on Lot 3, Block 2 Gateway Business Park, an Addition to the City of Coppell, Texas, and more particularly described in Exhibit 'A", attached hereto and made a part hereof for all purposes, is no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the abutting property owner, in exchange for the dedication of additional right of way as described in Exhibit B, attached hereto and incorporated herein by reference as if set forth in full. SECTION 2. That upon dedication of 5,820 square feet of land to the City by the abutting property owner, this abandonment ordinance shall constitute acceptance of the aforementioned dedication and Quitclaim Deed in favor of the abutting property owner of the property in Exhibit A, and a certified copy of the same may be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. PAGE i 39934 83 02600 SECTION 3. That the abandonment 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 right of way 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 fi.om and after its passage as the law and charter in such case provide. PASSED by the City Council of the City of Coppell, Texas, this the j~)~ day of/r.~ 2.~ -2001. CANDY SHE~E~YOR - ATTEST: LIBBY BALL, ~IT SECRETARY PAGE 2 39934 zoo O 83 02601 I ~ _,,,tPORARY I EXHIBIT A IJJ, ' ' -- ORA,.AOE , LOT 5. BI OCK 2 e°l EASEMENT~ I PAGE 2 OF 2 - co: ,VOL. 99,33.--, GATEWAY BUSINESS PARK -./ ? I PO. ooo36) I (VOL. 99133, PAGE 36) 15= 2~'25q8' ~- >- o- ffq%.~' / L= 25~.05~ 0 ~: 100.40' o ~ w/'o,ws' RIGHT-OF-WAY TO ~ /c,~. BE ABANDONED SCALE: 1"=60' 0 2*0 40 ¢00 90 120 / / , , I I.R. SCALE IN FEET - CAP mm A: 66'25'19' ao R: 40.00' / / ~o T= 26.19' / ~ '#/'DAVIS' C.B.=S34'48'58'W 4,1.35' ~--PROPOSED LOT LiNE . C,~ i N88'23'q2,W W/CAP _M I , I i POINT OF BEGINNING GATEWAY : c; , (VoI. S6167. Pg. 7179)' 7 ~ '' $.~ T LEGEND: , , ~l' S~ m/m' S£T II~ON ROO WI?H ¥£LLO~ PLASTIC : :z RIGHT-OF-WAY ABANDONMENT POINT OF I I OF A PART OF EXCHANGE CIRCLE co COMMENCING~ OUT o~' TUE ? S,A. & M.G. RAILROAD SURVEY, ABSTRACT No. / 'x CITY OF COPPELL, DALLAS COUNTY, TEXAS / '\ FOR o- CATELLUS DEVELOPMENT CORP. GATEWAY BLVD. ,70' R.O.I~.) PREPARED BY : BASIS OF BEARING BEING THE REPLAT OF LOT 3 HALFF ASSOCIATES, INC.~ENGINEERS & SURVEYORS & COMMON AREA I OF BLOCK 2 GATEWAY BUSINESS 8616 NORTHWEST PLAZA DR. DALLAS, TEXAS PARK AS RECORDED IN VOLUME 991:]3, PAGE 00036, SCALE: 1'=60' AVO 19177 JANUARY, 2001 PLAT RECORDS, DALLAS COUNTY. TEXAS. ~,?? n(;N:lT?-ABEX.d LEGAL DESCRIPTION EXHIBIT A BEING a tract of land in the S.A. & M.G. Railroad Survey, Abstract No. 1439, Dallas County, Texas, and being adjacent to Lot IR, Block 2, Gateway Business Park and Lot 3, Block 2, Gateway Business Park, Additions to the City of Coppell, Texas, as recorded in Volume 96167, Page 7179 and Volume 99133, Page 36, respectively, of the Deed Records of Dallas County, Texas, (D.R.D.C.T.), and being a part of Exchange Circle, a publicly dedicated right-of-way (60 feet wide) as dedicated by plat recorded in Volume 96167, Page 7179 of the Plat Records of Dallas County, Texas (P.R.D.C.T.), and being more particularly described as follows: COMMENCING at the northwest end of a comer clip located at the intersection of the north right- of-way line of Gateway Boulevard (70 feet wide at this point) with the east right-of-way line of said Exchange Cimle; THENCE North 01 degree 36 minutes 18 seconds East, along said east right-of-way line, a distance of 428.50 feet to a 1/2-inch iron rod with a yellow plastic cap stamped "HALFF ASSOC. INC." (hereafter referred to as "with cap") set for the POINT OF BEGINNING; THENCE North 88 degrees 23 minutes 42 seconds West, departing said east right-of-way line and crossing said Exchange Circle right-of-way, a distance of 60.00 feet to a 1/2-inch iron rod with cap set on the west right-of-way line of said Exchange Circle; THENCE North 01 degree 36 minutes 18 seconds East, along said west right-of-way line and the east line of said Lot 1R, a distance of 136.00 feet to an iron rod with cap stamped "DAVIS" found for the point of curvature of a circular curve to the right having a radius of 60.00 feet; THENCE Northeasterly and Southwesterly, departing said west right-of-way line and said east line of Lot 1R and along said circular curve and the northerly and easterly right-of-way line of said Exchange Circle, through a central angle of 246 degrees 25 minutes 18 seconds, for an arc distance of 258.05 feet to an iron rod with cap stamped "DAVIS" found for the point of reverse curvature of a circular curve to the left having a radius of 40.00 feet; THENCE Southwesterly along said circular curve and said easterly right-of-way line, through a central angle of 66 degrees 25 minutes 19 seconds, for an arc distance of 46.37 feet to an iron rod with cap stamped "DAVIS" found for the end of said curve on the aforementioned east fight-of- way line of said Exchange Circle and on the west line of the aforementioned Lot 3; THENCE South 01 degree 36 minutes 18 seconds West along said east fight-of-way line and said west line, a distance of 44.35 feet to the POINT OF BEGINNING AND CONTAINING 16,807 square feet or 0.3858 acres of land, more or less. Page 1 of 2 I EXHIBIT B _ ._J'<z i' Iff EASEMENTTEMPORfiRY DRA~NfiGE uJ ' ~// (VOL. 99~33, PC,. 000361  3: /---20' UNDERGROUND DRAINAGE ;-'J ~& UTiLiTY EASEMENT I ~D. /_ ~(VOL. 96~67. PG. 7]79) .~ ,~ ~ ~"~' ,: ,o.oo' (By sepor~fe ....... ' -~ ~ T: 26.!9' .00' W/'DA¥1S' 15:45 FAX 404 ~ 3509 S~ITH,GAIIBRELL & RUS~-'L ~002 LEGAL DESCRIPTION DF. DICATION OF ADDITIONAL EXCHANGE CII~CLE RIGHT-OF-WAY BE.lNG a tract of land in the S.A. & M.G. Raikoad Survey, Abstract No. 1439, Dallas County, Texas, mid being a part of Lot 3, Block 2, Gateway Business Park, an Addition to th.e City of Coppe[i, Texas, as recorded in Volume 99133, Pa~e 36, of the Deed Records of Dallas County, Te×as, (D.I~D.C.T.), and being more particularly described as follows: CO,~vIENC hNG at an iron rod wifl~ cap stamped "DAVIS" found for the northwest end of a corner clip located at the intersection of the north fight-of-way line of Gateway Boulevard (70 feet wide at this point) with the east right-of-way line of Exchange Circle (60 feet wide); THENCE North 0I degree 36 minutes 18 seconds East, along said east r~ht-of-way line a distance of 276.86 feet to a 1/2-inch ~ron rod with a yellow plastic cap stamped "HALFF ASSOC. INC." (hereafter referred to as "with cap") set for the POINT OF BEGINNING; THENCE North 01 degree 3/5 minutes 18 seconds East, continuing along said east right-of-way line a distance of 151.64 feet to a 1/2-inch iron rod with cap set for comer, said point being on a non- tangent curve to the right having a radius of 60.00 feet and whose chord bea~s South 10 degrees 11 minutes 02 seconds East, a distance of 117.47 feet; THEN'CF Southeasterly and Southwesterly, departing said east right-of-way line and along said curve through a central angle of 156 degrees 25 m{nutes 26 seconds, an arc distance of 163.81 feet to a l/2-inch iron rod with cap set for the point of reverse curvature o£a circular c~,,e to the left having a radius of 40.00 feet and a chord which bears South 34 degrees 48 minute 58 seconds Vv'est, a distance of 43.82 feet; THENCE Southwesterly, along said curve through a central angle of' 66 degrees 25 rnlnutes 19 seconds, an arc distance of 46.37 feet to the POINT OI; BEGIN'N'ING AND CONT.~J.NL'qG 5,820 square feet or 0.1336 acres oflanc[, more or less.