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Parkview Addition-AG 970527The City With A Beautiful Future AGENDA REQUEST FORM CITY COUNCIL MEETING: ITEM CAPTION: Approval of an ordinance abandoning a 10 ~ot utility easemem along the rear of Lot 5, Block 4 Parkview Addition (281 Alex Drive) and authorizing the Mayor to sign. May 27, 1997 ITEM SUBMI~~Y: KennethM. Gri · Dir. of Engineering and Public~W_. orks STAFF R~MENDS: - A_g~r-~al X Denial STAFF COMMENTS: · The City of Coppell Engineering Department has been contacted concerning the abandonment of an existing 10 foot utility easement on the rear of Lot 5, Block 4 Parkview Addition (281 Alex Drive. The City has no utilities in this easement. The franchise utility companies have stated that they have no utilities in the easement and no plans to utilize the easement in the future. Pentagon Realtors has provided a statement of value of the easement, which is included with this agenda item. Staff recommends approval of the abandonment of the 10 foot utility easement. available to answer any questions at the Council meeting. APPROVED BY CiTY COUNCIL DATE Staff will be BUDGET AMT. $ FINANCIAL COMMENTS AMT. EST.$ +/- BUD:$ DIR. INITIALS: ~ FIN. REVIEW~ Agenda Request Form - Revised 6/96 CITY MANAGER REVIEW: Document Name eng.1 EXHIBIT 'A' ABANDONMENT OF A 10' UTILITY EASEMENT LOT 5, BLOCK 4, PARKVIEW ADDITION Being a 10' utility easement located on Lot 5, Block 4, of PARKVIEW ADDITION, an Addition to the City of Coppell, Dallas County, Texas as recorded in Volume 88081, Page 1944 of the Plat Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a point in the West right-of-way of Alex Drive, said point being common to Lot 4 and Lot 5, Block 4 of said PARKVIEW ADDITION; THENCE departing from the WeSt right-of-way line of Alex Drive along the common property line of Lot 4 and Lot 5, South 89' 03' 35" West, a distance of 80.00 feet to the POINT OF BEGINNING; THENCE departing from the common property line of Lot 4 and Lot 5 along the easterly line of a 10 feet utility easement, South 00' 56' 25" East, a distance of 45.00 feet to a point for comer in the common property of LOt 5 and Lot 6 of the PARKVIEW ADDITION; THENCE along said common property line, South 89' 03' 35" West, a distance of 10.00 feet to a point for comer, said point being common to the aforementioned Lot 5 and Lot 6, the westerly line of said utility easement and the easterly line of a linear park; THENCE departing from the common property line of Lot 5 and LOt 6, along the rear property line of LOt 5, said line being common to a 10 feet utility easement and the said linear park, North 00' 56' 25" West, a distance of 45.00 feet to a point for comer, said point being in the common property line of Lot 5 and Lot 4; THENCE along said common property line, North 89' 03' 35" West, a distance of 10.00 feet to the POINT OF BEGINNING and containing 450.00 square feet or 0.01 acres of land. 97113 EXHIBIT 'B" UNEAR PARK S  . S 00'56'25" E 45.00' AREATO BE ABANDONED N 00'56'25" W 45.00' 10.00' j~X 10.00' 89'05'35" W · ~'-N89'O3'35"E 1" = 20' 5 6 ~ 4 / PC~NT OF COMMENCING 281 ALEX DRIVE 97113 0t~029 O~OqO IZ6 FILED 97JUNII F,q3:22 CLERK ¢OLINTY AN ORDINANCE OF THE CITY OF COPPELL, TEXAS OP. DISANCE r o. 06/11/97 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A UTILITY EASEMENT, LOCATED ON LOT 5, BLOCK 4 OF PARKVIEW ADDITION AS DESCRIBED IN EXHIBITS "A" AND "B" ATTACHED HERETO, IN FAVOR OF THE ABU'I~ING 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 PORTION 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 COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the utility easement located on Lot 5, Block 4 of Parkview Addition, 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 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 thc fair market value of the easement to be abandoned to be $9.00; 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 utility easement located on Lot 5, Block 4 Parkview Addition, 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. SECTION 2. That the fair market value of the said utility easement being abandoned has been determine by an appraisal to be $9.00. SECTION 3. That upon payment of $9.00 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 c~77~/~ day of /r~ , 1997. M MORTON, MAYOR ATTEST: APPROVED AS TO FORM: 'PETER G. SgflTH, ~TTORNE 97113 0b, 027