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Lakewood A-AG 990511ITEM CAPTION: Consider approval o£ an ordinance abandoning a portion of a drainage and sanitary sewer easement along the rear of Lot 34R, Block D Lakewood Estates (120 Hollywood Drive); and authorizing the Mayor to sign. APPROV Cli'¥ coUNCIL. SUBMITTED BY: MichaelA. Martin, P.E. '~/ ~)ASF..; - TITLE: Assistant City Engineer STAFF COMMENTS: The property owner has contacted the Engineering Department concerning the abandonment of a portion of an existing drainage and sanitary sewer easement on the rear of Lot 34R, Block D Lakewood Estates (120 Hollywood Drive). 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 drainage and sanitary sewer easement and will be available for questions at the Council meeting. BUDGET AMT. $ AMT. EST. $ +k-BID $ FINANCIAL COMMENTS:OX,'~ DIR. INITIALS: ~-~ FIN. REVIEW:~, CITY MANAGER REVIEW: A~7'R~9' . ~/..e~ ~ ~, ~~°cumentName: #05112 '22-99Al i :28 RCCD March18,1999 Michael A. Martin, P.E. 255 Parkway Blvd. EO. Box 478 Coppell, TX 75019 Dear ~fichael A. Martin, EE., I am writing this letter to request that the civ.- of Coppell abandon a portion of a 40-foot drainage and sanitary.- easement ~:olume 85233, Page 3309, D.R.D.C.T.) so I can build a pool in mv back yard. I live on lot 34R Block D of Lake~-ood Estates. The portion that I am requesting be abandoned is approximately 10 feet by 16 feet starling at the northwest comer of the easement extending 10 feet east and 16 feet south. I also ask that I be able to sign a hold harmless agreement to build decking on a small portion of the 30 foot sanitary and sewer easement CVolume 93189, Page 4517, D. ILD. C.T.). Sincerel); Wayne ~ McPherson 120 HOLLYWOOD DRIVE COPPELL, TX 75019 THE WILSON GROUP Real Estate Appraisal and Consulting F. Scott Wilson. MAI Presidenl (972) 304-1097 April 17, 1999 Mr. Wayne McPherson 120 Hollywood Drive Coppell, TX 75019 Re: Estimate of Value of Easement Abandonment, 120 Hollywood Drive Coppell. Dallas County, Texas Dear Mr. McPherson: An inspection and appraisal was made of the referenced property to estimate the contributor3.: value of the fee simple interest of the abandonment of the 40' Drainage and Sanitary Sewer Easement. The intended use of this appraisal is to assist the client (Wayne McPherson) in valuation of the contributory value of the aforementioned easement for the purpose of requesting the Ci~: of Coppell to abandon the easement (intended use). The appraisal and final estimate of value is based upon visual inspection, analyses of the property and research into various factors influencing value. In conclusion, it is estimated that the "as is" contributory market value of the abandoned easement, as of April 17, 1999, was: ONE HUNDRED DOLLARS $100 (As-Is Contributor3: Market Value) This is a Restricted Appraisal Report which is intended to comply with the reporting requirements set forth under Standards Rule 2-2(c) of the Uniform Standards of Professional Appraisal Practice (USPAP) for a Restricted Appraisal Report. As such, it presents nc) discussions of the data. reasoning, and analyses that were used in the appraisal process to develop the appraiser's opinion of value. Supporti~ documentation concerning the data, reasoning, and analyses is retained in the appraiser's file. The depth of discussion contained in this report is specific to the needs of the client and for its intended use. The scope of the appraisal included obtaining comparable property data, neighborhood data and market data from the market utilizing the area Multiple Listing Sexxice. public information and other available sources and analyzing the data in its relation to the subject property. The appraiser is not responsible for unauthorized use of this report. The use of the appraisal by anyone other than the stated intended user (Client) and for any other use (stated Intended Use). is prohibited. Acceptance of, and/or use of this appraisal report constitutes acceptance of the conditions set t-brth in the Limiting Conditions and Assumptions. I appreciate this opportunity to be of sex,'ice to you. In the event any questions arise, or if I can be of further assistance, please call. Respectfully submitted, The Wilson Group Appraiser's Certification I certify that, to the best of my knowledge and belief: The statements of fact contained in this report are true and correct. The reported analyses, opinions, and conclusions are limited only by the reported assumptions and limiting conditions, and are by personal, impartial and unbiased professional analyses, opinions and conclusions. I have no (,or the specified) present or prospective interest in the property that is the subject of this report and no (or the specified) personal interest or bias with respect to the parties involved: an3' specified interest or bias has not affected the impartiality of m opinions and conclusions. My engagement in this assignment was not contingent upon developing or reporti~ predetermined results. My compensation for completing this assignment is not contingent upon the development or reporting of a predetermined value or direction in value that favors the cause of the client, the amount of the value, the attainment of a stipulated result, or the occurrence of a subsequent event directly related to the intended use of this appraisal. My analyses, opinions, and conclusions were developed, and this report has been prepared, in conformity with the Uniform Standards of Professional Appraisal Practice. I have made a personal inspection of the propers: that is the subject of this report. No ()ne provided significant professional Assistance to the person signing this report. ~..-S'¢6'~t W~on. MA! Dat~e TX-1326137-G QUALIFICATIONS F. SCOTT WILSON, MAI Scott Wilson has been actively engaged in the real estate profession since 1985. During this time he has been involved in real estate appraisal, consultation, acquisitkm, management, renovation, sales, and loan underwriting. Scott has been qualified as an expert witness in the State of Texas Courts and has provided court testimony in condemnation proceedings. Professional real estate credentials include the MAI designation awarded by the Appraisal Institute; the Texas General Real Estate Appraisal Certification: and a Texas real estate salesman's license. Prior to forming The Wilson Group, Scott served as an associate appraiser and as the vice president of a Dallas. Texas based appraisal firm gaining valuable experience while appraising a multitude of property types. Mr. Wilson is Presidem of Texas, The Wilson Group. Inc. The Wilson Group prides itself on its willingness to accept challenging appraisal assignrnents and its ability to exceed the expectations of clients by providing exceptional service. Expertise in real estate valuation includes an extensive range of income- producing properties, special-use properties and residential properties. PROFESSIONAL LICENSES AND AFFILIATIONS MAI Member, Appraisal Institute (#10629) State Certified General Real Estate Appraiser {,#TX- 1326137-G) Texas Real Estate Salesman License (#345-363.) FHA Approved Residential Appraiser COLLEGE EDUCATION Master of Business Administration, Finance, Baylor University, 1988 Bachelor of Business Administration, Finance and Entrepreneurship, Baylor University. 1985 TECHNICAL EDUCATION RE 130: Principles & Practices of Real Estate. 1984 RE 233: Commercial & Investment Real E~tate, 1984 RE 136: Texas' Real Estate Law, 1985 RE 401: Single-family Appraisal, 1985 Al Course I A- l: Real Estate Appraisal Principles', 199 I Al Course I A-2: Basic Valuation Procedures, 1991 Al Course lB-A: Capitalization Theory and Techniques, Part A. 1992 Al Course lB-B: Capitali~.ation Theory and Techniques, Part B, 1992 A1 Course SPPA: Standards of Professional Practice, Part A, 1992 Al Course SPPA: Standards' of Professional Practice, Part B, 1992 Al Course II 540: Report Writing and Valuation Analysis'. 1993 Al Course Il 550: Advanced Applications, 1993 Seminar - 1984: Fair Housing Seminar - 1994: Unders'tanding Limited Appraisals & Appraisal Reporting Option.¥ Seminar - 1994: Emironmental Risk and the Real Estate Appraisal Proces's Seminar - 1996: Special Use Propertie~': The Challenges of Appraising in Limited Markets Seminar - 1996: Apprais'ing Affordable Housing Products Seminar - 1997: Licensing Regulations with Law and DTPA Update Seminar - 1998: Subdivision Analysis Seminar - 1998: Limited Residential Appraisals Seminar - 1998: Univers'al Standards of Professional Appraisal Practice Seminar - 1998: Fundamentals of Relocation Appraising ,APPRAISAL EXPERIENCE High Rise Office Towers Vacant Commercial Land Garden Office Buildings Rural Land Office-Warehouse Buildings Residential Properties TEXAS APPRAISER LICENSING AND CERTIFICATION BOARD BE IT KNOWN THAT F SCOTT WILSON HAVING PROVIDED SATISFACTORY EVIDENCE OF THE QUALIFICATIONS REQUIRED BY THE TEXAS APPRAISER LICENSING Ab{D CERTIFICATION ACT, ARTICLE 6573a.2, VERNON'S TEXAS CIVIL STATUTES, IS AUTHORIZED TO USE THE TITLE STATE CERTIFIED GENERAL REAL ESTATE APPRAISER Number: TX-1326137-G Date of Issue: April 23, 1998 Date of Expiration: April 30, 2000 In Witness Thereof Benjamin E. Barnett, Chair Debra $. Runyan, Vice-Chair Jacquellne G. Humphrey, Secretary Leonel Garza, Jr. David Gloier Eduardo A. Lopez Robert A. Seale, Jr. James M. Synatzske Angle V. White AN ORDINANCE OF THE CITY OF COPPELL, TEXAS so. 06/~9/99 16494~ Deed ~ O~~CE OF ~ CI~ OF COPPELL, ~, ~~~G A D~AGE ~ S~~Y SE~R E~E~, LOCATED ON LOT 34R, BLOCK D OF LA.WOOD ~TAT~ AS D~CRIRED ~ ~ITS "A" ~ "B" A~AC~D ~TO, ~ FAVOR OF ~ ~~G PROPERTY O~R; PROLOG ~T SUCH ~~O~~ S~L BE ~ ~C~GE FOR ~ PA~~ BY T~ ~~G PROPER~ O~R OF ~ F~ ~T V~ OF ~ ~R~ON OF ~ ~~ E~~~ TO BE ~~O~D; PROLOG ~T SUCH ~~O~~ S~L BE ~ ~~T ~CH ~ CI~ ~Y LEG~LY ~ LAXLY ~~ON; PROLOG T~T S~ O~~CE S~L CONS~E A Q~TCL~ DEED T~T MAY BE ~CO~ED ~ ~ CO~Y CLE~ OF D~L~ CO~Y ~S; ~ PROLOG ~ E~CT~ DA~. WHEREAS, the City Council of the City of Coppell has determined that the drainage and sanitary sewer easement located on Lot 34R, Block D of Lakewood Estates, an Addition to the City of Coppell, Texas and more particularly described in Exhibits "A" and "B" attached hereto, is no longer needed for City services; and WHEREAS, the abutting property owner desires that said drainage and 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 $100.00; 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 drainage and sanitary sewer easement located on Lot 34R, Block D 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 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. 99 l'26 02789 SECTION 2. That the fair market value of the said utility easement being abandoned has been determine by an appraisal to be $100.00. SECTION 3. That upon payment of $100.00 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 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 5. 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 Il+lq day of /~at~ , 1999. A~P~OVED: .~,, ATTEST: N ROACH, CITY SECRETARY O~: ROBERT E,~IAGER, CITY ATTORNEY 2 99126 02790 EXHIBIT "A" PAGE 2 OF 2 LOT 34R BLOCK D OF TIlE AMENDING PLAT OF I,AKEWOOD ESTATES (40 DRAINAGE & SANITARY EASEMENT) Being the abandonment of a portion of that 40 foot Drainage and Sanitary Sewer Easement over Lot 34R Block D of TIlE AMENDING PLAT OF LAKEWOOD ESTATES an addition to the City of Coppeli Dallas County. Texas recorded in Volume 96136. Page 2029 of the Plat Records of Dallas County. Texas and being more particularly described as follows: COMMENCING at the Southeast corner of Lot 34R Block D of said Addition: TIIENCE South 117 deg. 54 min. 58 sec. West along the South line of Lot :14R 30.00 feet and North 00 deg. 17 min. 45 sec. West 10.00 feet to the Point of Beginning; THENCE South 87 deg. 54 min. 58 sec. West 10.00 feet to apoint fora corner; THENCE North00 deg. 17 min. 45 sec. West 30.62 feettoa point for a corner; THENCE North §T deg. 4E min. 15 see. East 10.00 feet to a point fora corner; THENCE South00 deg. 17 min. 45 see. East 30.66 feet to the Point of Beginning and containing 306.:~§3 Square feeL; 991'26 02791 K x,. V. VOL. BSOt]3. PG, ~940. D.R.D.C.T. aO'Sam. SE~.ES~T. accr- J ~;:~d~ gt ..J..1 '. } VOL. g3ie..PG. 45tT. D.K.D.C.T. ~ ' ~r~. I ~ ~ St ~ ~ ~ ~, 40'URNG. kSANE. SgW. ESM~. ~ LOT 34-R ~ ~ : BLK. O ~ ~ LOT 113 ~KEWOOD ES'rATES ~ ' VOL. 040~7. Iq;. ~0~. P.R.D.C-T- I.OT I.~KEWOOI) ESTATES .i 6a.a6 -' RAD. w ?~O. 120 I-IOI~I~YWOOI) DRIVE ;. DaLe : APRIL 16, 1999 JOB II : 99- ~.,~: ,.- = 2r,' I'IA [~RY ROWELL 991'26 02792 ~ ~ ~ wll du . · ~nd time COUNTY CLERK DALLieS COUNTY ~, 255 PARKWAY 6LVD P 0 60X 478 ~r~ TX 7~19 .99/26 027q.q ............................................................. CASH RECEIPT Da,e :~-' '" '_.;. ~'.--?. '--7 ~ ~ C . ~' .- ~ -? -~- Received From / ' ·, . Address "~; .- Dollars S ~- .... ~;.q~]ll, I HOW PAID '" ' ~,.~'o,,,,s?s~ WELLS FARGO BANK 2 0 7 5 OANIELLE M. MCPHERSON WAYNE MCPHERSON ~0 .o~oo~ ~.. ~ ~--~~~ COPPELL. ~ 75019 ~ ; CITY OF COPPELL ~ J.E. NO._ Prepared by (~J/'~ JOURNAL ENTRY Approved by POSTED BY: FUND: DATE'. 5- Iq- ? ~' DATE: DESCRIPTION ACCOUNT DR. CR. NUMBER O/* *'7(.~ ~'o TOTAL