Mansions Phase 1-ES000328" ' ' AGENDA RE'-'ESTk J
FORM
ETING: March 28, 2000 ITEM #
ITEM CAPTION:
Consider approval of an ordinance abandoning a portion of the 20-foot sanitary sewer easement along the
south and east side of Lot 1, Block 1 The Mansions By The Lake (620 Coppell Road); and authorizing the
Mayor to sign.
APPROVED
CITY COUNCIL
DATE
SUBMITTED BY: 6.Michael A. Martin, P.E. ~ ~ ~'~ ~ ~O~R.9--- ~0,~
TITLE: ',,~ssistant City Engineer
STAFF COMMENTS: ......
The City of Coppell Engineering Department has been contacted by the property owner concerning the
abandonment of a portion of an existing 20-foot sanitary sewer easement on the south and east side of Lot 1,
Block 1 The Mansions By The Lake (620 Coppell Road). During the development of this site, a new 20-foot
sanitary sewer easement was dedicated by the Mansions By The Lake plat and a new sanitary sewer line was
constructed. With the new sanitary sewer line located in the new easement, the original sanitary sewer
easement is no longer needed by the City.
Staff recommends approval of the abandonment of the 20-foot sanitary sewer easement and will be available
for questions at the Council meeting.
BUDGET AMT. $ AMT. EST. $ +k-BID
FINANCIAL COMMENTS:~
DIR. INITIALS: ~,~ FIN. REVIEW:"~.. CITY MANAGER REVIEW:
Agenda Request Form - Revised 2/99 Document Name: #03282
ORDI CE NO. 0 0 --
~ O~IN~CE OF T~ CITY OF COPPELL,
DESC~BED ~ E~BIT "A'; ~ER~NG
EASE~ ~G~TS OF OT~, IF ~ ~T~R ~P~~
OR NON-~P~~, ~~, S~ACE, ~ERGRO~ OR
OT~R~SE; PRO~ING FOR T~ ~S~NG OF A CERTI~D
COPY OF T~S O~IN~CE FOR ~CO~G IN
PROPERTY ~CO~S OF D~LAS CO~Y, ~XAS, AS A
Q~TCL~M DEED; PRO~D~G FOR T~ I~E~FICATION OF
T~ CITY OF COPPELL AGMNST D~AGES ~S~G O~ OF T~
~A~O~~; PRO~D~G FOR CONSIDE~TION TO BE P~D
TO T~ CITY OF COPPELL; ~ PRO~D~G ~ EFFECTI~
DATE.
WHEREAS, the City Council of the City of Coppell has determined that a portion of
the 20 foot sanitary sewer easement located on The Mansions By The Lake, Lot 1, Block 1,
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 a said portion of the 20 foot
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
rket value of the easement to be abandoned to be zero;
~ ~ BE IT ORDAINED BY THE CITY COUNCIL OF THE
~ I:l~r the consideration stated herein, the City of Coppell hereby
~or of WESTERN RIM INVESTORS, L.C.C., the abutting
i
"~tl~/~ '[~: in Exhibit "A' attached hereto and made a part hereof for all
i !
Iml 111~/~
~X ~17.~ .pied herein, subject to all existing easement rights of others, if
Il?.00
,parent, aerial, surface, underground or otherwise.
trot,/tim Page - 1- ss2456o
L
AN ORDINANCE OF THE CITY OF COPPELL, TEXAE~ %~ ~.~. ~
AN O IN N ~ ~ EL
' ~ A~C~ wv' THE CITY OF COPP L,
PO T ON
DESCffiBED IN E~BIT A ; ~ER~NG ~L EXISTING
EASEME~ ~GHTS OF OT~, IF ~ W~T~R ~PA~
OR NON-~P~~, AE~, S~ACE, ~ERGRO~ OR
OT~RWlSE; PRO~DING FOR T~ ~S~NG OF A CERTIFIED
COPY OF T~S O~INANCE FOR ~CO~ING IN T~
PROPERTY ~CO~S OF DALLAS CO~Y~ TEXAS~ AS A
Q~TCLAIM DEED; PROVIDING FOR T~ I~E~FICATION OF
THE CITY OF COPPELL AG~NST D~MAGES A~SING O~ OF T~
~~O~E~; PRO~DING FOR CONSIDE~TION TO BE P~D
TO THE CITY OF COPPELL; ~ PRO~DING AN EFFECTI~
DATE.
WHEREAS, the City Council of the City of Coppell has determined that a portion of
the 20 foot sanitary sewer easement located on The Mansions By The Lake, Lot 1, Block 1,
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 a said portion of the 20 foot
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, the fair market value of the easement to be abandoned to be zero;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF COPPELL, TEXAS:
SECTION 1. That for the consideration stated herein, the City of Coppell hereby
abandons and quitclaims in favor of WESTERN RIM INVESTORS, L.C.C., the abutting
owner, the easement described in Exhibit "A" attached hereto and made a part hereof for all
purposes, the same as if fully copied herein, subject to all existing easement rights of others, if
any, whether apparent or non-apparent, aerial, surface, underground or otherwise.
Page -1- ss24560
SECTION 2. That said easement is abandoned insofar as the right, title and interest of
the public to such easement are concerned. That the City of Coppell does not abandon any
other interest other than that described in Exhibit "A", but does hereby abandon all of its right,
title and interest in and to that easement described in Exhibit "A", either in fee simple or by
easement or otherwise, together with any and all improvements thereon, subject to the
limitations and reservations stated herein.
SECTION 3. The City Secretary is authorized and directed to prepare a certified copy
of this ordinance and furnish the same to WESTERN RIM INVESTORS, L.C.C. and the
recording of this abandonment ordinance in the real property records of DALLAS County,
Texas, shall serve as the quitclaim deed of the City of Coppell, Texas, to WESTERN RIM
INVESTORS, L.C.C. of all the right, title or interest of the City of Coppell in and to said
easement described in Exhibit "A", subject to the limitations and reservations of this
ordinance.
SECTION 4. As a condition of this abandonment and as a part of the consideration for
the quitclaim to Grantee herein, Grantee agrees 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, and
quitclaim by the City of Coppell of the easement described in Exhibit "A ' and Grantee hereby
agrees to defend any and all suits, claims, or causes of action brought against the City on
account of the same, and to discharge any judgment or judgments that may be rendered against
the City of Coppell in connection therewith.
Page -2- ss24560
SECTION $. This Ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, on the ,~ ~
day of ~ ~ f ~' ,2000.
APP~VED: ~
CANDY SHEEI~N, MAYOR
ATTEST:
LIBBY BALI~CITY SECRETARY
/~ , CIT~Y ATTORNEY
AGREED AND ACCEPTED:
Page -3- ss2~o
EXHIBIT
LOT 1, BLOCK 1, MANSIONS BY THE LAKE, AN0 ASBURY ESTATES
PORTION OF 20° SANITARY SEWER EASEMENT ABANDONMENT
BEING A PORTION OF A 20' SANITARY SEWER EASEMENT LOCATED IN THE THOMAS L. HOLLAND SURVEY.
ABSTRACT NO. 624, DALLAS COUNTY, TEXAS, ANO BEING DESCRIBED IN DEED RECORDED IN VOLUME 79074,
PAGE 166, DEED RECORDS, DALLAS COUNTY, TEXAS, AND BEING DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT LOCATED IN THE EAST LINE OF COPPELL ROAD FOR THE SOUTHWEST CORNER OF
TRACT BEING DESCRIBED, SAID POINT BEING LOCATED 5.0 FEET NORTH 89 DEGREES 59 MINUTES 58 SECONDS
WEST FROM THE NORTHWEST CORNER OF LOT .3. BLOCK 5. ASBURY MANOR, AN ADDITION TO THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, ACCORDINC TO THE PLAT RECOROED IN VOLUME 89158, PAGE 1328, DEED
RECOROS, DALLAS COUNTY, TEXAS;
THENCE NORTH 00 DECREES 26 MINUTES 17 SECONDS WEST 20.00 FEET ALONC THE EAST LINE OF
COPPELL ROAD;
THENCE SOUTH 8g DEGREES 59 MINUTES 58 SECONOS EAST 816.61 FEET:
THENCE NORTH 00 DECREES 27 MINUTES 28 SECONDS WEST 4.46.57 FEET;
THENCE SOUTH 89 DECREES 59 MINUTES O0 SECONDS EAST 451.50 FEET;
THENCE SOUTH OD DECREES 18 MINUTES 06 SECONDS EAST 20.00 FEET;
THENCE NORTH 89 0ECREES 59 MINUTES 00 SECONOS WEST 431.25 FEET;
THENCE SOUTH 00 DECREES 27 MINUTES 28 SECONDS EAST 4.46.57 FEET TO A POINT LOCATED
IN THE NORTH LINE OF BLOCK 4., SAID ASBURY MANOR;
THENCE NORTH 89 DECREES .59 MINUTES .58 SECONDS WEST 836.61 FEET TO THE POINT OF BEGINNING
AND CONTAINING 34,289.17 SQUARE FEET OF LAND, MORE OR LESS
8,_ocK
VIL~G[ AT COHONWOOD .K
~E ~ co~o~wooo c~E[~ VOLU.[ 9~. P*~[ ~9~ SCALE 1 : 200'
~LUME 95056, P~E 1867~~~ ~.R.O.C.L
~ ~1 ~' u.[. ZONED: SF-7 NOTE: B~RING CONTROL BASED
~L2 ,--I.'~ ON NORTH PROPER~ LINE OF
ESMT.~
20'
~IT~
S~ER
~L. 79074, PG. 166 ~/ ~1~ ~ ~ ~ T~CT AS DESCRIBED IN
~" (~m~ ~STMINIST[R C~RT DEEDcouN~,RECORDS,TE~sDAL~
~ ~ II ASBURY ESTATES
vol ..0o..
~ ~ ~ ~...0.c.~.
0 .
Z CROU~LL C~RT
~ S00'27'2 446
N
N00'27'28"W 446.5;
20' UBL.
ESUT.
NUMBER DIRECTION DISTANCE
L 1 N00'26' 17"W 20.00 ~o~
L2 SO0' 18'06"E 20.00
PORTION OF __
20' ~IT~ SEWER ESMT.
TO BE ABANDONED _~ ~
.
~' LOT 1, BLOCK i
~0~¢~ THE MANSIONS BY THE ~KE~
O.R.D.C.T. .:
COPPELL ROAD
24' ~P~T PA~NG