Stonemeade-AG 940208CITY COUNCIL
AGENDA REQUEST FORM
February 8. 1994
ITEM CAPTION:
Consideration of an ordinance abandoning a sanitary sewer easement located in Stonemeade
Estates and authorizing the Mayor to sign.
SUBMITTED BY:
OTHER REP.:
DATE: January 31, 1994
EVALUATION OF ITEM:
It has recently come to the attention of the City of Coppell that a sanitary sewer easement which transverses
Stonemeade Estates (immediately north of Town Center) has never been abandoned. The sewer line has been
rerouted down Parkway Blvd. and up the east side of Stonemeade Estates. However, the existing sanitary sewer
easement was never abandoned. It is critical that this be completed in a timely manner so that a home under
construction over the easement can be allowed to clOSe.
AMT. +/- BUDGET
COMMENTS:
Staff offers no objections to the abandonment and will be available to answer any ~uestions at the City Council
?.: APPRO
DAT , ,
BUDGET ..,~AVIT. ,U~//~
LEGAL REVIEW BY:
AGENDA REQUEST FORM REVISED 2/93
REVIEWED BY
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DATE PUBLISHED IN THE CITIZ~S'ADVOCATE:
NOTIFICATION TO:
DATE/HETBOD OF C0~fACT:
~O~ES
AN ORDINANCE OF THE CITY OF COPPELL~ TEXAS
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A
SANITARY SEWER EASEMENT, WHICH IS NO LONGER ~SSARY
FOR CITY SERVICES; PROVIDING THAT SUCH ABANDONMENT
SHALL BE IN FAVOR OF CENTEX REAL ESTATE CORPORATION, THE
ABU'ITING PROPERTY OWNER, IN EXCHANGE FOR A FIFTEEN (15)
FOOT SANITARY SEWER EASEMENT PREVIOUSLY DEDICATED BY
CENTEX REAL ESTATE CORPORATION TO THE CITY AND RECORDED
IN VOLUME 92125, PAGE 4668, OF THE DEED RECORDS OF DALLAS
COUNTY, TEXAS; PROVIDING THAT SUCH ABANDONMENT SHALL BE
THE INTEREST THE CITY MAY LEGALLY AND LAWFULLY ABANDON;
PROVIDING THAT SUCH ORDINANCE SHALL CONSTITUTE A
QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY
CLERK OF DALLAS COUNTY, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has determined that the
hereinafter described sanitary sewer easement is no longer needed or necessary for public
purposes; and
WHEREAS, the City Council of the City of Coppell is of the opinion that the
hereinafter described sanitary sewer easement should be abandoned in favor of the abutting
property owner, Centex Real Estate Corporation in exchange for a 15 foot sanitary sewer
easement previously dedicated by Centex Real Estate Corporation and recorded in Volume
92125, Page 4668 of the Deed Records of Dallas County, Texas; and
WHEREAS, the fair market value of the additional sanitary sewer easement
previously dedicated to the City of Coppell by Centex Real Estate Corporation has been
determined by an appraisal to equal or exceed the fair market value of the hereinafter
described sanitary sewer easement being abandoned; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.
That the City Council has determined that the hereinafter described sanitary sewer
easemem is no longer needed or necessary for public purposes and should be abandoned
in favor of Centex Real Estate Corporation, the abutting property owner, in exchange for
a fifteen (15) foot sanitary sewer easement previously dedicated to the City by Centex Real
Estate Corporation and recorded in Volume 92125, Page 4668 of the Deed Records of
Dallas County, Texas.
SECTION 2.
That the fair market value of the additional sanitary sewer easement previously
dedicated to the City of Coppell by Centex Real Estate Corporation has been determined
by an appraisal to equal or exceed the fair market value of the herein described sanitary
sewer easement being abandoned.
SECTION 3.
That the City of Coppell, Texas, hereby abandons all its right, title, and interest in
and to said portion of the easement hereinafter described, and abandons, conveys, and
relinquishes all such public interest the City may have in and to said easement to the current
owner of the abutting property, Centex Real Estate Corporation.
The sanitary sewer easement hereby abandoned is described as follows:
"BEING the centerline of a 20 foot wide utility easement situated in the
Clarinda Squires Survey, Abstract No. 1327 in the City of Coppell, Dallas
County, Texas as recorded in Volume 81239, Page 1515 of the Deed Records
of Dallas County, Texas and also being part of Stonemeade Estates, an
addition to the City of Coppell as recorded in Volume 93093, Page 1522 of
the Deed Records of Dallas County, Texas, said centerline being more
particularly described as follows:
COMMENCING at a point on the north line of Parkway Boulevard (an 88
foot right-of-way) and being the southeast comer of the above said
Stonemeade Estates, said point also being in a curve to the left having a
central angle of 03' 28'30" and a radius of 2244.00 feet; Thence along said
curve, and the said north line of Parkway Boulevard, 136.10 feet to the end
of said curve; Thence S. 58' 38'49" W., 339.56 feet along the said north line
of Parkway Boulevard to the POINT OF BEGINNING;
THENCE N. 01° 22'49" W., 661.50 feet leaving the said north line of Parkway
Boulevard to a point for comer;
THENCE N. 06° 52'49" W., 132.54 feet to the end of said centerline being at
the north line of the above said Stonemeade Estates and containing 0.36 acres
of land.
SECTION 4.
That the abandonment of the City's interest in said easement shall constitute a
quitclaim deed in favor of the abutting property owner, Centex Real Estate Corporation,
and the City Secretary shall provide a certified copy of this ordinance to be filed in the
Deed Records of Dallas County, Texas, to indicate such abandonment.
SECTION 5.
That the abandonmem provided for herein shall extend only to the public fight, rifle,
and interest of the City of Coppell, Texas, and shall be construed to extend only to the
interest that the governing body of the City of Coppell, Texas, may legally and lawfully
abandon.
SECTION 6.
The provisions of this ordinance are severable, and should any section, paragraph,
sentence, clause or phrase thereof be declared unconstitutional or void, such declaration
shall not effect any of the remaining portions hereof.
SECTION 7.
Thi.~ ordinance shall take effect immediately from and after its passage as the law in
such cases provides.
DUI~ PASSED by the City Council of the City of Coppell, Texas, thi.~ the ~ ~ay
of ~~ , 1994. '
APPROVED:
TOM MORTON, MAYOR
ATrEST:
APPROVED AS TO FORM:
/9 --g.g' T.CITY SECRETARY
"' . ' 1-I~/c"ITY ATIORNEY
SANITARY SEWER ABANDONMENT
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GENERAL LOCATION OF -~
SANITARY SEWER LINE ABANDONMENT]
PARKWAY BLVD.
Finance Committee -- Mayor Pro Tem Robertson stated that the Finance Committee had held
two meetings.
CONSENT AGENDA
20. Consider approval of the following consent agenda items:
A. Consider approval of minutes: January 25, 1994
Bo
Consider approval of a Resolution adopting an order calling an Election
for Municipal Officers to be held Saturday, May 7, 1994 and
authorizing the Mayor to sign.
Discussion and consideration of amending the contract with Rady and
Associates for the design of Sandy Lake Road from MacArthur Blvd.
to Denton Tap Road in the amount of $10,000.00 and authorizing the
Mayor to sign.
De
Consideration of an ordinance abandoning a sanitary sewer easement
located in Stonemeade Estates and authorizing the Mayor to sign.
Ee
Consideration of an ordinance for Case S-1074 to change the zoning
designation from C (Commercial) to C.S.U.P. (Commercial, Special Use
Permit) on a parcel of land located along the east side of Denton Tap
Road, 500 feet south of Braewood Drive, at the request of Mr. Lenny
Poulsen, and authorizing the Mayor to sign.
Consideration of an ordinance approving S-1059, changing the zoning
from LI (Light Industrial) to LI.S.U.P. (Light Industrial, Special Use
Permit), for the operation of a Wendy's Restaurant, located near the
southwest corner of MacArthur Boulevard and Beltline Road, at the
request of Prizm Architects, and authorizing the Mayor to sign.
Ge
Consideration and approval of an ordinance approving S-1072,
changing the zoning from LI (Light Industrial) to LI.S.U.P. (Light
Industrial, Special Use Permit) for Blooming Colors Landscape
Nursery, located along the south side of Beltline, 1650 feet east of
MacArthur Boulevard, at the request of Barry Johnson, and
authorizing the Mayor to sign.
He
Consideration and approval of Waters Edge, Phase 2, Final Plat,
located along the north side of Sandy Lake Road, between MacArthur
Boulevard and Meadowglen Circle, at the request of Kadleck &
Associates.
Consideration and approval of Valley Ranch Baptist Church Addition,
final Plat, located along the south side of Beltline, approximately 825
feet east of MacArthur Boulevard, at the request of Jim Riley,
Brockette-Davis-Drake.
Je
Consideration and approval of Valley Ranch Self Storage Addition,
Final Plat, located along the south side of Beitline, 1,320 feet east of
MacArthur Boulevard, at the request of Robert Gross.
CM020894
Page 6 of 8
Consideration and approval of Blooming Colors Landscape Nursery,
Final Plat, located along the south side of Beltline, 1,650 feet east of
MacArthur Boulevard, at the request of Barry A. Johnson.
Consideration and approval of Riverchase Plaza, Final Plat, located
near the northeast corner of Beltline Road and MacArthur Boulevard,
at the request of Riverchase Plaza, Ltd.
Mo
Consideration of a variance from Section 10-5-2(C) of the City of
Coppeli Sign Ordinance regulating spacing and setbacks for detached
(monument) signs, specifically related to the 75-foot minimum side yard
measurement (The variance requested is from 75-foot to 25-foot). This
variance is being requested by Boston Chicken Restaurant for their
property located at the southeast corner of MacArthur Boulevard and
Beltline Road, at the request of Winklemann & Associates, Inc.
Ne
Consideration of a variance from Section 10-5-2(C) of the City of
Coppell Sign Ordinance regulating spacing and setbacks for detached
(monument) signs. (The variance requested is from 75-foot to 25-foot).
This variance is being requested by Blooming Colors Nursery and
Landscaping, Inc., for their property located at 1701 E. Beltline Road
and a report by the Director of Planning and Community Services.
O®
Consideration of waiving permit fees for the erection of a tent at
Rediform to be used at the M.J. Designs Groundbreaking Ceremony.
Items 20 C and H were pulled for later consideration.
Item 20 A through O, except for C and H --
Councilmember Mayo moved to approve Items 20 A, B carrying Resolution No. 020894.3, D
carrying Ordinance No. 94638, E carrying Ordinance No. 91500-A-43, F carrying Ordinance
No. 91500-A-44, G carrying Ordinance No. 91500-A-45, I, J, K, L, M granting a 25-foot
variance, N granting a 25-foot variance and G. Councilmember Weaver seconded the motion;
the motion carried 7-0 with Mayor Pro Tem Robertson and Councilmembers Weaver, Stahly,
Watson, Reitman, Mayo, and Garrison voting in favor of the motion.
Item 20 C --
Councilmember Stahly moved to consider and amend the contract with Rady and Associates for
the design of Sandy Lake Road from MacArthur Blvd. to Denton Tap Road in the amount of
$10,000.00 and authorizing the Mayor to sign, and for Staff to contact Ginn to attempt to recoup
part of this expense. Mayor Pro Tem Robertson seconded the motion; the motion carried 6-1
with Mayor Pro Tem Robertson and Councilmembers Stably, Watson, Reitman, Mayo, and
Garrison voting in favor of the motion and Councilmember Weaver voting against the motion.
Item 20 H --
After discussion, Mayor Pro Tern Robertson moved to approve Waters Edge, Phase 2, Final
Plat, located along the north side of Sandy Lake Road, between MacArthur Boulevard and
Meadowglen Circle with the following conditions: 1) the alley requirement is waived, 2) street
center line radii may be less than the required minimum and 3) the portion of lot 1 and 2, and
all building lines, lot lines and easements created by the map of Lakeside Village as recorded
in Volume 85816, Page 1670, located within Waters Edge, Phase 2, will be abandoned by the
execution of this plat. Councilmember Reitman seconded the motion; the motion carried 5-2
with Mayor Pro Tern Robertson and Councilmembers Stahly, Reitman, Mayo, and Garrison
CM020894
Page 7 of 8
voting in favor of the motion and Councilmembers Weaver and Watson voting against the
motion.
There being no further business to come before the City Council, the meeting was adjourned.
ATTEST:
Tom Morton, Mayor
Dorothy Timmons, City Secretary
CM020894
Page 8 of 8
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A
SANITARY SEWER EASEMENT, WHICH IS NO LONGER NECESSARY
FOR CITY SERVICES; PROVIDING THAT SUCH ABANDONMENT
SHALL BE IN FAVOR OF CENTEX REAL ESTATE CORPORATION, THE
ABUTTING PROPERTY OWNER, IN EXCHANGE FOR A FIFTEEN (lb')
FOOT SANITARY SEWER EASEMENT PREVIOUSLY DEDICATED BY
CENTEX REAL ESTATE CORPORATION TO THE CITY AND RECORDED
IN VOLUME 92125, PAGE 4668, OF THE DEED RECORDS OF DALLAS
COIYNTY, TEXAS; PROVIDING THAT SUCH ABANDONMENT SHALL BE
THE INTEREST THE CITY MAY LEGALLY AND LAWFULLY ABANDON;
PROVIDING THAT SUCH ORDINANCE SHALL CONSTITUTE A
QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY
CLERK OF DALLAS COUNTY, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has determined that the
hereinafter described sanitary sewer easement is no longer needed or necessary for public
purposes; and
WHE~, the City Council of the City of Coppell is of 'the opinion that the
hereinafter described sanitary sewer casement should be abandoned in favor of the abutting
property owner, Centex Real Estate Corporation in exchange for a 15 foot sanitary sewer
easement previously dedicated by Centex Real Estate Corporation and recorded in Volume
92125, Page 4668 of the Deed Records of Dallas County, Texas; and
WHEREAS, the fair market value of the additional sanitary sewer easement
previously dedicated to the City of Coppell by Centex Real Estate Corporation has been
determined by an appraisal to equal or exceed thc fair market value of the hereinafter
described sanitary sewer easement being abandoned; NOW, THEREFORE,
BE IT ORDMNED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1.
That the City Council has determined that thc hereinafter described sanitary sewer
easement is no longer needed or necessary for public purposes and should be abandoned
in favor of Centex Real Estate Corporation, the abutting property owner, in exchange for
a fifteen (15) foot sanitary sewer easement previously dedicated to the City by Centex Real
Estate Corporation and recorded in Volume 92125, Page 4668 of the Deed Records of
Dallas County, Texas.
SECTION 2.
That the fair market value of the additional sanitary sewer easement previously
dedicated to the City of Coppell by Centex Real Estate Corporation has been determined
by an appraisal to equal or exceed the fair market value of the herein described sanitary
sewer easement being abandoned.
SECTION 3.
That the City of Coppell, Texas, hereby abandons all its fight, title, and interest in
and to said portion of the easement hereinafter described, and abandons, conveys, and
relinquishes all such public interest the City may have in and to said easement to the current
owner of the abutting property, Centex Real Estate Corporation-
The sanitary sewer easement hereby abandoned is described as follows:
"BEING the centerline of a 20 foot wide utility easement situated in the
Clarinda Squires Survey, Abstract No. 1327 in the City of Coppell, Dallas
County, Texas as recorded in Volume 81239, Page 1515 of the Deed Records
of Dallas County, Texas and also being part of Stonemeade Estates, an
addition to the City of Coppell as recorded in Volume 93093, Page 1522 of
the Deed Records of Dallas County, Texas, said centerline being more
particularly described as follows:
COMMENCING at a point on the north line of Parkway Boulevard (an 88
foot fight-of-way)and being the southeast comer of the above said
St~m~ ~rate-s, Said point also being in a curve to the left having a
central angle of 03' 28'30" and a radius of 2244.00 feet; Thence along said
curve, and the said north line of Parkway Boulevard, 136.10 feet to the end
of said curve; Thence S. 58' 38'49" W., 339.56 feet along the said north line
of Parkway Boulevard to the POINT OF BEGINNING;
THENCE N. 01° 22'49" W., 661.50 feet leaving the said north line of Parkway
Boulevard to a point for comer;
THENCE N. 06° 52'49" W., 132.54 feet to the end of said centerline being at
the north line of the above said Stonemeade Estates and containing 0.36 acres
of land.
SECTION 4.
That the abandonment of the City's interest in said easement shall constitute a
quitclaim deed in favor of the abutting property owner, Centex Real Estate Corporation,
and the City Secretary shall provide a certified copy of this ordinance to be filed in the
Deed Records of Dallas County, Texas, to indicate such abandonment.
SECTION 5.
That the abandonment provided for herein shall extend only to the public right, rifle,
and interest of the City of Coppell, Texas, and shall be construed to extend only to the
interest that the governing body of the Cit~ of Coppell, Texas, may legally and lawfully
abandon-
SECTION 6.
The provisions of this ordinance are severable, and should any section, paragraph,
sentence, clause or phrase thereof be declared unconstitutional or void, such declaration
shall not effect any of the remaining portions hereof.
SECTION 7.
This ordinance shall take effect immediately from and after its passage as the law in
such cases provides.
O_U~Y P~SED by the C'ity Council of the City of Coppell, Texas. this the g~'~xtay
of/~~ ' 1994.
'~ APPROVED:
ATTE3T:
APPROVED AS TO FORM:
CITY SECRETARY
R G. SMI~ CITY ATrORNEY
CZ)