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Northlake Wood-AG 940913.(,, . ~~ ,' ~~~~~ The City With A Beautiful Future CITY COUNCIL MEETING: ITEM CAPTION: AGENDA REQUEST FORM September 13, 1994 ITEM # Approval of an ordinance abandoning a utility easement along the rear of Lot 3, Block 8 North Lake Woodlands and authorizing the Mayor Pro Tem to sign. ~~°. .~ ~~ ~~~~~ ~I ~`~ ~ ~ ~ DATE ~ : ~.~' '~ .~ x,~ SUBMITTED BY: Kenneth M. Griffin, P.E. ~ ~.~~~ TITLE : Assistant City Manager/City Engineer INITIALS STAFF COMMENTS: The City of Coppell Engineering Department has been approached by the property owner of Lot 3, Block 8 North Lake Woodlands requesting the abandonment of a 20 foot easement on the rear of the property. The City has no utilities in this easement and the various other franchise utility companies have provided written correspondence stating they have no utilities in this easement and offer no objections to the abandonment. The property owner has provided a statement of value of the easement which is included with this agenda item. STAFF RECOMMENDATION Approval X EXPLANATION: Denial The Engineering Department has reviewed this request and recommends approval of the abandonment for the sum of $131.32. Staff will be available to answer any questions concerning this issue. BUDGET AMT . $ NjA- FINANCIAL COMMENTS: FINANCIAL REVIEW:. AMT. EST.$ +/- BUD:$ CITY MANAGER REVIEW: Agenda Request Form -Revised 1/94 i_ ... - ~j~ 71/G,~~ y~~eJ G~~~~~ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ~ ~~.;;; ; , .~ Y~'?71 ~~ ~ i~~ ORDINANCE NO. ~~ 6 ~~ .__. _::_-._~_ ~~-_ u:=+3PPt 1ir'._. - AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A UTILITY EASEMENT, DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, IN FAVOR OF THE ABUTTING PROPERTY OWNER; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE PAYMENT BY THE ABUTTING PROPERTY OWNER OF THE FAIR MARKET VALUE OF THE UTILITY EASEMENT TO BE ABANDONED; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST WHICH 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 COUN'T'Y, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the utility easement herein described is no longer needed for City services; and WHEREAS, the abutting property owner desires that said utility 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 $131.32; 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 hereinafter described utility easement is no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of Corrine Johnson, 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 value of the said utility easement being abandoned ~fk2?_~~ ~f~100 has been determined by an appraisal to be $131.32. SECTION 3. That upon payment of $131.32 to the City by Corrine Johnson, this abandonment ordinance shall constitute a Quitclaim Deed in favor of Corrine Johnson, 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 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 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 4. That this ordinance shall become effective 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, this the ~~ day of , 1994. APPROVED: APPROVED AS TO FO_ RM: PETER G. SMITH, CITY ATTORNEY (PGS/jd 8-31-94) ON ROB RTSON, MAYOR PRO ATTEST: .~ A GRAU, ACTING CITY SECRETARY 2 :''~~ pF Ctiti . r., _ ~.. A S _.. ~.... ~'~!'`~i ..~ Z•g AGGOSCBE 9226 6i40I EXHIBIT ' A' LOT 3, BLOCK 8, NORTH LAKE WOODLANDS 20' UTILITY EASEMENT ABANDONMENT Being a portion of Lot 3, Block 8 of NORTH LAKE WOODLANDS situated in the City of Coppell, Dallas County, Texas as recorded in Volume 74189, Page 1390 of the Plat Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at the Northwest corner of the aforementioned Lot 3, Block 8, said point being in the South right-of-way of Meadowcreek Road; THENCE along the West property line of said Lot 3, South 1 ° 45' 22" East, a distance of 160.00 feet to the POINT OF BEGINNING, said point being in the North line of a 20' utility easement and being North 1 ° 45' 22" West, a distance of 20.00 feet from the Southwest property corner of the aforementioned Lot 3; THENCE along the North line of said 20' utility easement, North 88 ° 14' 38" East, a distance of 135.00 feet to a point in the East property line of Lot 3; THENCE along the East property line, South 1 ° 45' 22" East, a distance of 20.00 feet to a point for corner, said point being the Southeast property corner of Lot 3; THENCE along the South property line of said Lot 3, South 88 ° 14' 38" West, a distance of 135.00 feet to a point for corner, said point being the Southwest property corner of Lot 3; THENCE along the West property line of said Lot 3, North 1 ° 45' 22" West, a distance of 20.00 feet to the POINT OF BEGINNING and containing 2700 square feet of land. ~422~ X1002 EXHIBIT "B" >- U ~zw UQz o~Q ~m~ MEADOWCREEK POINT OF COMMENCING ROAD ~~ ~~ `~~ W ~~ `~~ N a ~~ ~~~ ,~~ 4 N ~ 3 BLOCK 8 POINT OF BEGINNING 3` L~ ,. _ ,~ 2 N 88' 14' 38" E 135.00' ~ 2'~9Q Sk` -~ ~ ~ 20' UTILITY EASEMENT ~O - ~' ~O ~ N ~ N ~- S 88' 14' 38" W 135.00' z ~ EXMIdIT .~ ~~. 1~~ ~)~~ ,C) {~00{v O~Z~rG ~`' L 1 ~~ G~ ,v~u- ~~ a° seD Fry $ a ' g ~ o¢° ; b ~ ~ O q ti ~ } l~ _ ` ` ` V g os e e g a .~,,, - ~' ' _Y C DO• AA'' ~ p's o 1 ~ ~ ~ wr ~ ~~or c~ $ ~~ e` .L~€ } `~ 4 ~Y a +~~~_'~ t ,, {'L~ y r a ~~ o ~ ~ a 4 , \' 4Q ~ h. ~~~ ~ ~~~ /' L~~p~ `X- ~,S~O/ 9 FILF D p A ~'r [311 ~' ~ ~ 1i41 (y 7' ~'i I, ._'_ ,, ~, ~ ,- { l1 ~'I I '~ r~,j ~ : , ., _! ~ T' 1 5. Invocation. Councilmember Mayo led those present in the invocation. 6. Pledge of Allegiance. Mayor Pro Tem Robertson ]ed those present in the Pledge of Allegiance. 7. Citizen's Appearances. A. Ed Caldwell, 601 Shadowcrest, spoke to Council regarding the speed limit and traffic conditions on Moore Road. B. Roger Hart, 733 Cardinal Lane, addressed the Council regarding the proposed Sandy Lake Road expansion and the TU utility poles. C. Becky Chairez, 944 Pental Court, presented the Council with petitions which had been signed by people against having the TU utility poles in the median of the new Sandy Lake Road. D. Gayle Bridgeman, 128 Sand Point Court, addressed Council regarding the TU utility poles on the proposed Sandy Lake expansion. E. Mark Monse, 125 Simmons, spoke regarding the TU utility poles on the proposed Sandy Lake expansion. F. Doug Roberts, 108 Sand Point Court, spoke regarding the TU utility poles on the proposed Sandy Lake expansion. G. Brock Leach, 117 Sand Point Court, spoke regarding [he TU utility poles on the proposed Sandy Lake expansion. Mayor Pro Tem Robertson expressed his desire to postpone the Sandy Lake Road expansion until Staff and Council Liaisons, Candy Sheehan and Lanny Mayo, can have an opportunity to work with TU Electric to arrive a[ some alternate plans. Consensus of Council was to place an item on the next agenda. CONSENT AGENDA 8. Consideration and approval of the following consent agenda items: A. Minutes of: August 23, 1994 B. Consideration and approval of an Ordinance amending Chapter 1 of the Code of Ordinances by amending Section 1-10-6.2.1, Subjects not Appearing on the Agenda, and authorizing the Mayor Pro Tem to sign. C. Consideration and approval of an ordinance abandoning a utility easement along the rear of Lot 3, Block 8 North Lake Woodlands and authorizing the Mayor Pro Tem to sign. D. Consideration and approval of a contract with Shimek, Jacobs & Finklea Consulting Engineers to provide professional services associated with the design of a six million gallon ground storage tank and CM091394 Page 2 of 8 associated pumping facilities at the existing Village Parkway pump site generally located at the northeast intersection of AacArthur Blvd. and Sandy Lake Road in the amount of $156,500.00 and authorizing the Mayor Pro Tem to sign. E. Consideration and approval of an Ordinance amending Section 2-3-4-D of the Code of Ordinances, and amending Ordinance 94663 to eliminate the requirement that the organizational meeting of the "Keep Coppell Beautiful" Committee be conducted in May of each year, and authorizing the Mayor Pro Tem to sign. F. Reconsideration and approval of a Final Plat for Latter Day Saints A ition located along the south side of MacArthur Boulevard, approximately 700 feet east of Samuel Boulevard, at the request of Dowdey, Anderson & Associates. G. Consideration and approval of a contract for the renewal of Dallas County Health Services' Agreement effective October 1, 1994, to September 30, 1995, in the amount of $3,391.00, and authorizing the Mayor Pro Tem to sign. H. Consideration and approval of a resolution to authorize the City Manager to execute an agreement between the Texas Forest Service and the City of Coppell, and authorizing the Mayor Pro Tem to sign. Councilmember Mayo moved to approve Consent Agenda Items 8 A, B carrying Ordinance 94665, C carrying Ordinance No. 94666, D, E carrying Ordinance No. 94667, F, G and H carrying Resolution No. 091394.1. Councilmember Watson seconded the motion; the motion carried 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stably, Watson, Mayo, and Sheehan voting in favor of the motion. 9. Consider appointments to the City's Boards and Commissions. American Red Cross Representative Councilmember Sheehan moved to: 1) reappoint Dorothy McPhail as the American Red Cross Representative; and 2) to reappoint Doug Stover as Alternate. Councilmember Mayo seconded the motion; the motion carved 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stably, Watson, Maya, and Sheehan voting in favor of the motion. Animal Control Appeals Board Councilmember Stably moved to appoint Dr. Reid Garfield as the veterinarian to the Animal Control and Appeals Board for atwo-year term. Councilmember Alexander seconded the motion; the motion carved 6-0 with Mayor Pro Tem Robertson and Councilmembers Alexander, Stably, Watson, Mayo, and Sheehan voting in favor of the motion. CM091394 Page 3 of 8 /~,~,~~ ~ v~ ~yIM~ I ~r Marilyn Fritch Res. 393-2900 August 30, 1994 City of Coppell City Hall Coppell, TX 75019 HAND DELIVERED Attention: Mr. Ken Griffin, City Engineer RE: 409 Meadowcreek Road, Coppell, TX Statement of Land Value I have reviewed the survey for the additional parcel of land known as "Boundary Survey" Abstract No. 312, volume 87203, Page 5616 of D.R.D.C.T. (see attachment), and have concluded that the price of the easement (135 ft by 20 ft) to be abandoned should be $131.32. I arrived at this figure by taking the purchase price of the tract, $1500, (see attachment) and divided it by 30,840 square feet in total tract. This figure of $.049/ sq. ft. was then multiplied by the total square feet in the easement , 2700 square feet. Sincerely, ~~Gf~~-L~d't_~r2~ Marilyn Fritch Broker Associate /~~~ Associates DFW 500 South Denton Tap Coppell, Texas 75019 Phone: (214) 462-8181 r~ r~ August 26, 1994 City of Coppell Mr. Ken Griff in City Hall Coppell, Texas 75019 GTE Telephone Operations Central Area P.O. Box 153028 Irving, Texas 75015-3028 RE: ABANDONMENT OF 20' UTILITY EASEMENT AT 409 MEADOWCREST, COPPELL, TEXAS 75019 Dear Mr. Griffin: This is to advise that GTE has no objections to the abandonment of the subject easement located across the rear of Lot 3, Blk. 8, of Northlake Woodlands, an addition to the City of Coppell, Dallas County, Texas. GTE has no facilities situated within the easement area, and has no plans to utilize the easement in the future. If we may provide further assistance regarding this matter, please do not hesitate to call me at 214-399-3903. Sincerely, David Allen Sr. Engineer/OSP A part of GTE Corporation Lone Star Gas Company 2601 Logan Street • Dallas, Texas 75215 August 25, 1994 Mr. Ken Griffin City Engineer City Hall Coppell, Texas 75019 RE: Easement Abandonment 409 Meadowcreek Dear Mr. Griffin: In response to Ms. Corrine Johnson's letter of August 24, 1994, to Lone Star Gas Company concerning the proposed abandonment of an existing twenty foot utility easement across the referenced property in Coppell, Texas, this is to advise that Lone Star Gas Company has no existing facilities located within the easement. We have no plans to use this easement in the future, and Lone Star Gas Company has no objection to the abandonment of this easement. If I can be of further help in this matter, please let me know. Sincerely, ~~~(Q Glenn Boehl Sr. Engineering Representative cc: Ms. Corrine Johnson Mr. David Cromer File hate : __ AUGUST 26 i (r y q Prr?perty: L('P 3, BLU('t; ti, ti E' NUlt'PHLAKE WOUDLAND~, an Addition to the City o; Coppell, Dallas Count. . 'le:tas, aCCVr'dlrl<.~ Y<) fhr' plat recorded i-n Voiu~n i41ti'i, Page 1.5`IU, flat F:ecords of Dallas r'oul~< Pe::as. Record owner: W1LL1Ah1 B ANU (:uRR1,Jl; ~'. JOHNSON Utility Easement: As s~1u?wn ~~n the plat, recorded December i. 197b, in Volume 741it9, I'acle l;S9U, P1a1, Records, Dallas County, 'I'e:{av. Whereas, the property is sub)ec,r_ t.o elle easement; an<i Whereas, the prul~erty i_s a blanket e. serpent fur the belreflr of the utility company, as cer~t:lfled in the subdivision wherein the property is located: and Whereas, the utilir_y companies listed on the plat of sari subdivision are Lode Star Gas, GTE Southwest Incorporated, T. . Electric i:umpany, Paragr?n CaUle and the City of Coppell. Whereas owner requests ttlat utlllt~ companies abandon tr~• eull~t} Utility easement .ls sh(,wn rrn thr' :;~~~ ', ~'t' at:tar:hr'!1 h~~rer_o i:; E;;:h1Lit "A" . Chic affidavit is-~ mdde tr? est_ablish ~~t record the consent r:acrr <,f tlrP utility ,ar;unpanies to ar,an(c,n ttir- empty utility easemFU: d5 3hrJWn ran Exlllblt °A" r and flw~~;.1C5 ttl~]t I:IIe StatemrdrlCB CVntaln•~~I -leI'elll dl'e trUEt. EYECII'CED 'PI{~S THE __ _ ~0 _ day of __AUGUS'1 _, 1994, AS Sfic_~'.. ~ 1N THE FOLLOWING ACkNUWLEin,MENIS. t;otnp;itly PARAGON CUMMUN_iCA110NS _ L'' _ - - - N;.une _BOB MACIUCR Title D1REC'PUR OF ENGiNEER1NG _., SUBSC;IBED AND SWORN TO BEFORE [tE, the undersigned authority, cur this the LS,~r~y ~_day of _ 1~11N ~° ~~~: Notary I'u llc in nd for the State of Texas w 3EE'ORE ME, the undersigne(] authority, on this day persorlalt. appeared ___._____.T__- _, known to me to be person whose nau~~' if subscribed to the foregoing instrument, and acknowledged to m~~ that ls)he executed file same fur the purposes and ronsideratic,~:: therein expressed. GIVEN UNllER MY HAND AND SEi1L OF OFFICE, on this r i,,. day of 1(999. Notary PuLiic in and for the State of 'I'EXA: k ~ a3~4J6~18~>35NI7~IIf~C ,: r,r^•t7~TC~~ 2es'tocc-re•[u^.[ 4S~4~U Ml(~[/Il ~ Inpv II00 [ ~ -- ---, 3 7aq x C7 ~ ~'~F,~ ~ ~~ ~ 2 ~ ~~ ~ i 1 ~ ? ~~~~ I ~ 1 i r 20Ht x ~.. I ~ z CNIIM llix ![NC[~~ .. _ 9VROtHO LM~_ 1 I I ~ IOHt x I~ ~°goa4"~ aJ1- '*~ ~R ~. I ~ n~~~'~ 20uE ~[ t 0.0' TO [CNtx- ~Hx rp~cE-r-^---- .-o.E' ro lwcc~--- -- - ~ -'+`~E 1 r.000 FEnt~ lV2 2 g J.o' tar r S C x~r, x I' ~~ 2o4t u ~f1y~JtL1H0 V+! (~t1! -Un mp7 At0 !Ef Hpp MAC /b7L[ MNL • nOtx7 /L1tC1 t I7 ~~ `~~ -.~ iSOC~AlI'ES I10• IRVINC. TEXAS 75062 • 211/155-1501 ~_~~u t~ ~~-- _._ - -_- 'rr.Ar~r. f _..._~._..... -.._ ~ A W EOVIN ME K 'I `~' --- t 17 ~' t 0 ~n K !M1 S tX M1H[t lWoo ~ taK x 6'ruperty: LuT .3, B`L_cic't< ti, OF Nuk'1'IiLAKE WCiuDLANUS, an Addition to t.lte City of Coppell, Uallas Count. . Texas, accurdtnq t,+ th+~ plat recorded in Voluu~., 1=11 £S~[, Pacte ls~.[U, flat E:ecords of Uallas Cuu[rl Te::as. Etecord Owner: WILLIAM B r'11VE[ i:i[fiP.Itdt. l'. JOHNSON Utility Easement: As shown on the plat, recorded December .1, L17L, in Volume 7~_LBJ, Fac_[r- 1S9u, Plan kecords, Uallas County, 'Ie:ia3. Whereas, the property is subject to r_he easement; arld Whereas, the property is a blanket easement for the benefit of r_he r.ltility company, as certttied in the subdivision wherein the property is located: and Whereas, the utility r_ompanies listed on the plat of sa[+i subdivision are Lone Star Gas, i;T'E Souttlwest Incorporated, T., . Electric i:umpany, Parac7on Cattle and the City of Coppell. Whereas Owner requests that utility companies abandon tr~~ emlity utility easement as shuwu un r_he :3111 ~,,N7 at:tac:hed herNtu ~ , E::hibit "A". Phis atfidavir_ i:~ made t+> establish ++t record the consent ' each c+f the utility companies to abandon t11~ empty utility ea emF aS :3hUWn UIl E:illll)iC °A", alld aW+'ar3 tllal: I,IIt? 3C.]C@It1~911CH f_'O11Cilltl~ -I ]]erelil are truE'. 1 ERECU'CEU TH.CS THE ~~~ ciay ut (C.l 1')J~l, AS SHc -------------- ----- --- 1N THE Fi[LLUWING AC KNc)WLE;ix:MEN'IS. Cu[npauy -~ ~~- ELECT 1~T--~_. _1 /J ~ -- Ll~' tiv ~ -zt~~~C---- -- Name C7~6NtiJ_ ~/a-~A~"' T1t1e tZ. tiu5T7ZuC7r.6~ SER.y LLL'-~~•~1 IV~~. SUBSCRIBED AND SWORN TO BE .ORE [1E, the undersiytted aut_k[ority, ~,n this the a~lc/ day of 1~)'-i~l. • '- ~'? J '' "' " - K Notary Publtc in and for the State of 'I'exar. t _ ;t. . ' .1, „ ~, BEF'URE ME, ~?e undersigned authorit} , on this day personal t ~ appeared ~~P~n_~,'Qn known to me to be person whose nau~+-• if subscribed to the foregoing instrument, and acknowledged to .11+~ LltAt {a)I~te Bxt~CUtbd the E~d1116 it.lr tIIH }tullulEte9 311d CU1181d8T'dLltlll:. therein expressed. 13IVEN UNDER MY HAND ANU :TEAL OF OFFICE, on this th~~ o`1,3c..c/ day of 1 _, 1J99. AR ~ r U..I ~ - STatErrr, ,;,, Notary Public in and for the State of TEXA: •'Od:l•:w~AO ..'ate. ~:~.~y:.~ . j3-06-18 13~SN `- IC;I-IRC _ c _ .._____..... _ . I . uu~ - r~'. yy A'.• s. ll~~.. `~`_F'--l;r'1MTC:• _ ~~-.- I '------~ ~d S'E000-Te-EIRE 4SaaAlf ~A\tUCHT _. _.A~.~ ~ ~.~. ~__.~ _. J_-_.J_.._ r J.._J _.. I ~j -~~...~ 70f1( '( p t ~~~1 O I ~~ r , ~R~`b,.~. icHe : CHliy CeNx rCUCE y .._ lVR~W6 twS.~ I I I 1Oe/~ X ~O ~ 40 ~1v.. J.J1~ /T'w jl' ~'~y ~ ~!t~ ~~~ ~ ?~N[ AE 0.6' 10 -CNCE- 'NX <EUCE r--- Hpn MRC ICreCT I~~.rM ~~ iryp lpaep ~~ -'~ 1111' I O ~T eC rS S a Mlex'l lWOO tae( w _ W hMiDeHO l-IE 0.1~ tO r[NQ l - vwR( ~ Mpp() IENI~ :r DoT 2 ~i -~ J.o' EJ Yil Y I' ~f CO`K AL 1nV~,MnHa vx (nER out) a.v -- 1RR[ ~ MOOO Tt7ett ~.~ _U ~ iSOCIA'I'ES SIGNS ~aw~e.OCeal ~ ~ . ~~_~ _ ~lo• IRVlNC, 1~xet$ ~soe2 ~ 21~/t55-1301