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Lakewood A-AG 990622 AGENDA RE,qUEST FORM EETING: June 22, 1999 ITEM # ~ ITEM CAPTION: Consider approval of an ordinance abandoning a portion of a sanitary sewer easement along the side of Lot 12, Block F Lakewood Estates (1064 Village Parkway); and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL SUBMITTED BY: MichaelA. Martin, P.E. ~ DATE TITLE: Assistant City Engineer ~ STAFF COMMENTS: The property owner has contacted the Engineering Department concerning the abandonment of a portion of an existing sanitary sewer easement on the side of Lot 12, Block F Lakewood Estates (1064 Village Parkway). The City has no utilities in the easement and no plans to utilize the easement in the future. A statement of value of the easement has been provided with this agenda item. Staff recommends approval of the abandonment of a portion of the existing sanitary sewer easement and will be available for questions at the Council meeting. BUDGET AMT $ AMT EST $ +k-BID $ FINANCIAL COMMENTS:~ DIR. INITIALS: I~-7 FIN. REVIEW: CITY MANAGER REVIEW: Agenda Request Form-Revised 2/99 ~'~,~../~.a~ao["~ ~,~' ~/~~~me: #06221 ~×~×~ 09:2! ~I~ST ~×T~MD~D ~ 9972~0~570 MO.191 g02 Mx. Doug Stevens City of Coppell P.O. Box 478 255 Parkway Blvd. Coppell, Texas 75019 Dear Doug, Per our phone conversations over the past f~w w~ks, please consider this letter as my formal request that the City of Coppell consider the partial abandonment of 993.24 square feet of the sanitary sewer easement located on my property at 1064 Village Parkway. Thc partial abandonment will allow mc to bt~iid a pool in my back yard. I havg also included a letter from REMAX establishing the value of the casemem at $19.86. Let me know what you need for me to do next or i~'you have any £~rther questions. Thanks for all your h¢ll~ to this point. 86/83/99 09:21 F~R~T 5×TSNpgP ~ ~7~84~7~ NO.~9~ ~ Joan Malone GRI,CRS,ABR Monday, May 10,1999 Mike & Mar. ha Barton 1064 Village Parkway Coppcll, TX 750 ! 9 RE: Brokers Opinion of Sanitary, S~v,.~r Easm~nt 1064 Village Parkway Copp~ll, TX '/5019 Lot 12, Block F, Lakewood Estates 13~ar Mr. & Mrs. Barton: We have d=t~rminod that the cost ofti~ sanitary utiliF cascmcnt which is at the rear of your property calculates to $ 0.02 pm' square loot. Therefore, thc 993 24 squar~ foot easement valuation is $19.$6. Il'we can bc of furthcr assistance, or answer any questions, plcas~ f~¢l ~ to give me a call, Sincerely, Jo~ M~lon~ REALTOR~ Gm, CRS, XnR 100% and Platinum Club Mcrabor I~al/l~l~® DFW Aeso<~iate$ 500 South Denton Tap, Suite ¢oppell, Texae Phone: (214) ENGINEERING DEPARTMENT FAX CO VER SHEET To.' Bob Hager Fram: Mike Martin, P,E. Fax= DaM: June 7, 1999 Pheae~ Page~ 7 0 U~eet X For Review Olqeaae t~4,,t.a~lt [] Please Reply I'IA~ Requested ,COml~l~tt~: Bob, as we have doae in the past~ a cltt~em ha~ ~u~ ~at we ~andon a posen ~ a s~i~ ~er ~se~nt. ~m ~1~ ~r the Juno ~ ~uncil m~g. Ple~e ~1 ~ y~ ~ve ~ qu~ons. If you have any questions pie.se call me at 972/304,,36B'1 IF YOU DO NOT I~ECEIVE ALL OF THE PAGES, PLEASE CALL (972) 30~3679 3'UN 0~ , 99 12:17 Engineering- Excellence By De. sign 06/0?/99 11:1~ CITY OF COPPELL ENGINEERING 214 965 08!0 N0.933 ~05 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A PORTION OF THE SANITARY SEWER EASEMENT, LOCATED ON LOT 12, BLOCK F OF LAKEWOOD ESTATES AS DF.~CRIBED IN F_.XIHRITS "A" AND 'B" ATTACHED H'F~RETO, IN FAVOR OF THE ABUTI'ING PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE PA~ BY THE AB~G PROPERTY OWNER OF THE FAIR MARKET VALUE OF THE PORTION OF THE SANITARY SEWER EASEMENT TO BE ABANDONED; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTF. RFh~ WtHCH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH TIlE COUNTY CLERK OF DALLAS COUNTY TEXAS; AND. ,_ ~o~. WHEREAS, the City Collrlcil of~e~ty of Coppel! has determined that a portion of the sanitary sewer easem~cated on Lot 12, Block 1:: of Lakewood Esmle$,~"~~ an Addition to the City of Copg~l~, Texas and more particularly described in Exhibits and "B" attached hereto, is ~ needed'for City services; and WI~,REAS, the abutting property owner desires that a portion of the said sanitary sewer easement be abandoned and in consideration thereof has agreed to pay to the City of Coppell, Texas, the fair market value of the property as established by an appraisal; and WHERFAS, a proper appraisal has bern coaducted establishing the fair market value of the easement to be abandoned to be $19.86; 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 Coppeli, Texas has determined that a portion of the sanitary sewer easement located on Lot 12, Block F Lakewood Estates, an Addition w the City of Coppell, Texas, and more particularly described ia Exhibits "A" and "B', attached hereto and made a pan 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 payment of the fair market value of the easement to be abandoned. 1 JUN 07 '99 12:I8 214 304 35?0 PAGE.05 · 06/07/99 11:15 CITY OF COPPELL ENGINEERING ~ 214 965 8810 SECTION 2. That the fair market value of a portion of the said sanitary sewer easement being abandoned bag been determine by an appraisal to be $19.86. SECTION 3. TI~ upon payment of $19.86 to the City by the abutting property owner, this abandonment ordinanc~ ShAll_ constitute a Quitclaim Deed in favor of the abutting property owner, and a certified copy of the same rtmy be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. SECTION 4. That the abandonment provided for herein shall extend only to the public fight, title and interest which ~e City of Coppell, Texas, may have in and to said sanitary sewer 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 5. That this ordinance shall become effective from and after its passage as the law and charter in such case provide. DULY PASSF~ by the City Council of the City of Coppeil, Texas, this the . day of ,1999. APPROVED: CANDY SHEEHAN, MAYOR ATTEST: LIBBY BALL, INTERIM CITY SECRETARY APPROVF, D AS TO I~ORM: ROBERT E. HAGER, CITY ATTORNEY 2 JUN 0"2 '9S I2:18 ............................ 214 304 3570 PqGE.06 ~14 866 1~7 First Extended Services co . Phone Phone (214) 969-6214 Fax Phone (214) 969°6267 ICC: REMARKS: [] Urgent X I=or your review [] Reply ASAP [] Please Comment 'l'he P.O. Box 478 ~ ~ X Seaull~l l~'mar, Coppell, TX 75019 Phone: (g72}304-3679 Fax: (972)304-3570 ENGINEERING DEPARTMENT FAX CO VER SHEET Phone: ~\ ~1[ oj~ ~ ._ ~4~t. page~ __~ (including cover sheet) Re: CC: [] Urgent [] For Review [] Please Comment [] Please Reply [] As Requested .Comments: IF YOU DO NOT RECEIVE ALL OF THE PAGES, PLEASE CALL (972) 304-3679 Engineering- Excellence By Design "- ~,. 4. lo~gg- 1: 18?Y..--,-.E.:-gA~..~P~' ASSOCIATES... i iL.~' ~",~,.~ ~ · 1 ' ~ '~" [ ' ',,. ~ .~, :~'' .... r ~ ,~--~L' ~- ~~ ,::.:...: D~I~B Counry~ Tux~8, 4gcordLn~ ~'- Co.only knovn aa 106~ V~ZTaIc  ' THIS ~RTY ~S L~aT~0 ~N ZONE(S)~ EFFECTIVE  ?~.~ NOT ~TERMINEO. P.O. BOX 1~ · L~'S~ ~ ~ Arlln~On, T~xII ~EODATA ~U~E~NG, lNG. - . ~ . . ...... ~ r~ ~ - r--~ ....... ~y.~ ...... 214 866 1227 ~,~A,qq {C,~ E[P~T ~YT6NDED a 9972104~578 N0,028 I NumDer of oeges inc._tu_~ing cover Sheet Fimt ~tended Se~s Co~. Fax Phone Phone ~-~ Fax Phone CC: REMARKS: ~ Urgent ~ For your mVtew ~ ~e~ly ASAP ~ Please Comment VILLAGE PARK~/AY UTILITY E~.,~MT, (VrlL. 85833 PG. 3291) SANITARY SE~/E'~ EASEMENT EXHIBIT "B .... ~ , ..,.. ; '....,' . . ~.~  -'. .-~,... t)' ' -'' ~- --L~ LOCATION OF FENCE ~. ~. ,~.'~.' ~ 't:)" . ~'~..': . '<~ ~' L~ i~,~ - ~____~ ..... :~ ......... ~ ?~ ...... ;..-~ VILLAGE PARKWAY VILLAGE PARKWAY  0~ UTILITY ESMT, (¥DL. 85233 PG. 3291) 25' SANITARY SEWE~2 EASEMENT 25' BL~ Mr. Doug Stevens City of Coppell P.O. Box 478 255 Parkway Blvd. Coppell, Texas 75019 Dear Doug, Enclosed is my check for $19.86 confirming my desire that the City of Coppell approve the partial abandonment of 993.24 square feet of the sanitary sewer easement located on my property at 1064 Village Parkway. The partial abandonment will allow me to build a pool in my back yard. Thanks for all your help and guidance. Let me know if you need any further information. Sincerely, ..---.> Mich, get'Barton /t ~ (H) 972-462-7.3282/- (W) 2T4-969-6214 ~,, ' 4 3 4 0'.. MICHAEL OR MARTHA BARTON . ~ 1064 VILLAGE PKWY. 972-462-~82 ' ~ j[)a~e "~ COPPELL, TX 75019 . · '" ' " ' ~ ~rs ~ COg~/~n~:'~'~ED~T i~i~0N: .'.-' ,' '~ ', ' - ' '- '.' "'."';.'" '.".-".-'"- '~; -' ,~. '. P ~,-~OX. ~0742 -, '. - ,-- ' .,.'.' . .... _ : _ ' .... . [ ' ~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS 65~0~E~6 OROI C . O. D~ed AN ORDINANCE OF THE CITY OF COPPF].L, TEXAS, ABANDONING A PORTION OF THE SANITARY SEWER EASEMENT, LOCATED ON LOT 12, BLOCK F OF LAKE OOD ESTATES AS DESCI~IRED IN EXIHBITS "A" AND "B" A~TACHED HERETO, IN FAVOR OF THE ABWITING PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE PAYMENT BY THE ABU'ITING PROPERTY OWNER OF THE FAIR MARKET VALUE OF THE PORTION OF THE SANITARY SEWER EASEMENT TO BE ABANDONED; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WtHCH 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 DALLAS COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that a portion of the sanitary sewer easement located on Lot 12, Block F of Lakewood Estates, an Addition to the City of Coppell, Texas and more particularly described in Exhibits "A" and "B" attached hereto, is not being currently utilized or occupied and there is no future need of such easement for City services; and WHEREAS, the abutting property owner desires that a portion of the said sanitary sewer easement be abandoned and in consideration thereof has agreed to pay to the City of Coppell, Texas, the fair market value of the property as established by an appraisal; and WHEREAS, a proper appraisal has been conducted establishing the fair market value of the easement to be abandoned to be $19.86; 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 a portion of the ssnitary sewer easement located on Lot 12, Block F Lakewood Estates, an Addition to the City of Coppell, Texas, and more particularly described in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes, is no longer needed or necessary for public purposes and should be, and is 99135 06738 hereby, abandoned in favor of the abutting property owner, in exchange for the payment of the fair market value of the easement to be abandoned. SECTION 2. That the fair market valu~ of a portion of the said sanitary sewer easement being abandoned has been determine by an appraisal to be $19.86. SECTION 3. That upon payment of $19.86 to the City by the abutting property owner, this abandonment ordinance shall constitute a Quitclaim Deed in favor of the 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. SECTION 4. 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 sanitary sewer 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 S. That this ordinance shall become effective from and after its passage as the law and charter in such case provide. DULY PASSED by the City Council of the City of Coppell, Texas, this the day of~. -- - ..~ 1999. APP~I~VED: /" ATTEST: : -* .~i.- ~ ROBERT E. I~GER, CITY ATTORNEY '- :. *l~'~~i, s .. '... :'~~.-?~' 35 06739 2 EXHIBIT 'A' LOT 12. BLOCK F, LAKEWOOD ESTATES PARTIAL SANITARY SEWER EASEMENT ABANDONMENT BEING the partial abandonment of a 15' sanitary sewer easement located on Lot 12, Block F, LAKEWOOD ESTATES, an addition to the City of Coppell, Dallas County, Texas, as recorded in Volume 94057, Page 0602, Deed Records Dallas County, Texas and being more particularly described as follows: COMMENCING at the intersection of the northerly right-of-way line of Cherrywood Trail with the westerly right-of-way line of a 15 foot alley, said point being the most southerly property corner of Lot 12, Block F, LAKEWOOD ESTATES and being the beginning of a curve to the right having a central angle of 1°30'42'', a radius of 207.50 feet, a tangent of 5.47 feet and whose chord bears North 21041'05" East; THENCE departing from the northerly right-of-way of Cherrywood Trail along said curve an arc distance of 5.47 feet to the POINT OF BEGINNING, said point being in a curve to the right having a central angle of 3°04'51'', a radius of 207.50 feet, a tangent of 11.16 feet and whose chord bears North 23°58'51" East; THENCE continuing along said curve an arc distance of 11.16 feet for to a point for corner, said point being an intersection of the westerly right-of-way line of a 15 foot alley with the northerly line of a 15' sanitary sewer easement; THENCE departing from the westerly right-of-way of said alley along the northerly line of said 15' sanitary sewer easement, North 33°59'50'' West, a distance of 11.17 feet to a point for the beginning of a curve to the right having a central angle of 27°46'38'', a radius of 210.00 feet, a tangent of 100.81 feet and whose chord bears North 78°26'48'' West; THENCE along said curve, following the northerly line of the 15' sanitary sewer easement, an arc distance of 101.81 feet to a point for corner; THENCE departing from the northerly line of the 15' sanitary sewer easement, South 46°21'29' East, a distance of 27.16 feet to a point for corner, said point being 10 feet south of the northerly line of the aforementioned 15' sanitary sewer easement, and being in a curve to the left having a central angle of 21°02'35'', a radius of 220.00 feet, a tangent of 80.36 and whose chord bears South 81048'50'' East; THENCE along said curve running 10 feet south of and parallel to the northerly line of said 15' sanitary sewer easement, an arc length of 80.80 feet to a point for corner; THENCE continuing 10 feet south of and parallel to the northerly line of said 15' sanitary sewer easement, South 33°59'50" East, a distance of 6.23 feet to the POINT OF BEGINNING and containing 993.2427 square feet or 0.022 acres of land. 99135 067h0 VILLAGE PARKWAY EA'RL 6UL'-L'OCK COUNTY CLERK OALLAS COUNTY