Villages of CC 5-AG 980428 .,. : . .. ~.>,,. ~... ~.; '-~. :~.-., ..... ~~Ff_?~~
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ITEM C~IO~:
Consider approv~ of Ordin~ces abandoning a ~nage e~emen~ l~d on Lots 17 ~d 18, Block
A Villages of Co~nwood Cree~ ~ion 5 pro~&ng that such ab~donment sh~l be ~ exc~ge for
pa~ent by the abusing prope~ owners of ~z. ~ ~t v~Ue of the p0~ion of the~ai~ge'
easement ~ be ab~doned; ~d authorizing ~e M~or-~ ~ .-~-~-/~.'~. - "~' ':'~'~?~' ' -'-':./..:'~--.
SUBMITTED BY: Kenneth M. G~it~in, P.E ...... :...._., _ /~ ...... .
and PublicW°~'-~,~_:° ' -'~:.~:.'~'~"a.:. ~-..
TITLE: Dir. uo.f Engineering ____ :.,.~. ....... ""::':"""
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STAFF COMMEN~S:
The Engineering Department has been contacted by the property owner concerning the
abandonment of the 15 foot drainage easement located between Lot~ 17 and 18, Block A in the Villages of
Cottonwood Creek, Section 5. This is a drainage easement only, therefore, there are no utilities located
in the easement. The easement was originally requested so a concrete flume could be constructed to
provide for positive overflow ff the low point inleta in the ~treet were blocked. During actual
construction, it wa~ determined that the alley the flume wa~ to connect to wa~ higher than shown on the
as built plans. Therefore, the flume would not provide for l~0~itive Overflow and was not constructed.
There is no longer a need for the easement. A statement of value ha~ been provided for both Lote 17 and
18, which is included with this agenda ite-~- ' '; ' '~ ~"~' ~'
Staff recommends approval of the abandonment of the 15 foot drainage easement and will be
available to answer any questions at the Council meeting.
DIR. Ilq'ITIAI,S: |~, FIN. REVIEW: :'.-:~..CITYMANA~ER REVIEW: _~:
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March 30, 1998
To The City of Coppell,
As owners of Lots 17 & 18, Block A in The Villages of Cottonwood Creek,
Section 5, we are requesting the abandonment of the 15 foot drainage easement which is
located between Lot 17 & 18. We would greatly appreciate your consideration on this
matter, and thank you in advance for all your help.
Very Truly Yours, .
Executive Vice President
11300 N. Central Expressway, Suite 200, Dallas, Texas 75243-6705 (214) 750-6528 Fax: (214) 750-6849
YORK & YORK. INC.
REAL ESTATE APPRAISERS AND CONSULTANTS
April 8, 1998
Ms. Nancy Johnson
Grand Homes
11300 N. Central Expressway %200
Dallas, Texas 75243
Re:Basement value on Lots 17 and 18, Block A, Cottonwood Creek
Dear MS. Johnson,
It has bean determined that the cost of the drainage easement on the north side of Lot
17 and the south side of Lot 18 calculates out to $0.02 per square foot. The drainage
easement for lot 17, block A, of 10 feet X 150 feet calculates to $30.00. Lot 18, block
A, is 5 feet x 150 feet and calculates to $15.00.
If I can be of any further assistance, please do not hesitate to call me at 972-458-2288.
Sincerely,
Guy York
5339 ALPHA ROAD · SUITE 450 · DALLAS, TEXAS 75240 · 972-458-2288 · 972-458-2277 FAX
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~;;'o~(:f,~ o<~/o~/~ llSlgt2 $1S.0~
Deed
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A DRAINAGE EASEMENT, LOCATED ON LOT
17, BLOCK A VILLAGES OF COTTONWOOD CREEK, SECTION
5 AS DESCRIBED IN EXIHBITS "A" AND "B" ATTACHED
I4ERETO, 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
PORTION OF THE DRAINAGE EASEMENT TO BE
ABANDONED; PROVIDING THAT SUCH ABANDONMENT
SHALL BE THE INTERF~T WHICH THE CITY MAY LEGALLY
AND LAWFULLY ABANDON; PROVIDING THAT SAID
ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT
MAY BE RECORDED IN THE DEED RECORDS OF DALLAS
COUNTY TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell has determined that the
drainage easement located on Lot 17, Block A in the Villages of Cottonwood Creek,
Section 5, 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 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 conduc:ed establishing the fair market
value of the easement to be abandoned to be $30.00;
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 easement located on Lot 17, Block A in the Villages of
Cottonwood Creek, Section 5, 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 drainage easement being
abandoned has been determined by an appraisal to be $30.00.
98175 0607 i
SECTION 3. 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 CoppeR, Texas, may legally and lawfully abandon.
SECTION 5. That this ordinance shall become effective from and aRer its
passage as the law and charter in such case provide.
DULY PASSED by the City Council of the City of Coppell, Texas, uhis ~e
day of /0~.ff~,7 , 1998.
APPt~D:
MARSH'A TUN-NELL, ~IAYOR PRO TEM
ATTEST:
KATHLEEN ROACH, CITY SECRETARY
APPROVED AS TO FORM:
98175 06072
EXHIBIT 'A'
LOT 17. BLOCK A. VILLAGE AT COTTONWOOD CREEK. SECT. V
10' DRAINAGE EASEMENT ABANDONMENT
BEING a 1,500 square foot parcel of land situated in Lot 17, Block A, VILLAGE AT
COTTONWOOD CREEK, SECTION V, an addition to the City of Coppell, Dallas County,
Texas, as recorded in Volume 97061, Page 3057, Deed Records Dallas County, Texas and
being more particularly described as follows:
BEGINNING at the most southeasterly property corner of Lot 17, Block A, VILLAGE AT
COTTONWOOD CREEK, SECTION V, said point being common with the most
southwesterly property comer of Lot 18, Block A, VILLAGE AT COTTONWOOD CREEK,
SECTION V and the northerly right-of-way of Bricknell Lane;
THENCE North 54° 10'58" West along the north right-of-way of Briclmell Lane, a distance of
10.00 feet to a point for comer;
THENCE North 35049'02" East running 10.00 feet from and parallel to the common property
of the aforementioned Lot 17 and Lot 18, a distance of 150.00 feet to a point for comer in a
common property line of Lot 17, Block A, VILLAGE AT COTTONWOOD CREEK,
SECTION V, with the westerly property line of the VILLAGE AT COTTONWOOD CREEK,
SECTION III;
THENCE South 54010'58" East along said common property line a distance of 10.00 feet to a
point for corner, said point being common to the most northeasterly property comer of Lot 17
and the most northwesterly property comer of Lot 18, Block A, VILLAGE AT
COTTONWOOD CREEK, SECTION V;
THENCE South 35049'02" West along the common property line of Lot 17 and Lot 18 a
distance of 150.00 feet to the POINT OF BEGINNING and containing 1500.00 square feet or
0.034 acres of land.
98175 06073
EXHIBIT "B"
LOT 17. BLOCK A. VILLAGE AT COTTONWOOD CREEK. SECT. V
10' DRAINAGE EASEMENT ABANDONMENT
SCALE
1" = 40'.
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1 6
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viLLAG TIO
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981:75 0607~
FILED
98 SEP -8 PN 12:36
-~' COUi~] Y CLERK
' D~LLAS COUNTY
- ~..:v' - f o ~x 4~
AN ORDInAnCE OF THE CITY OF COPPELL, TEXAS
o U A CE NO.
09/0~/9~ 1181914 $15.~
~e~
~ O~~C~
~~~G A D~AGE ~~, LOCA~ ON
18, BL~K A ~LAG~ OF CO~O~OOD CREEK, ~C~ON
5 ~ D~C~ ~ ~ITS "A" ~ "B" A~AC~
~TO, ~ FAVOR OF ~ ~~G PROP~ O~
PROLOG ~T ~CH
~C~GE FOR T~ PA~ BY
PROPER~ O~R OF
~R~ON OF ~ D~AGE E~~ TO BE
~~~D; PROLOG ~T SU~
S~L BE ~ ~~T ~CH ~ C~ ~Y LEG~LY
LAXLY ~~N; PROLOG ~T SA~
O~~CE S~L CONS~~ A Q~CL~ DEED ~T
~Y BE ~CO~ED ~ ~ DEED ~CO~S OF D~L~
CO~Y T~; ~ PROLOG ~ E~C~ DA~.
WHERE., the City Council of the City of Coppell has determined that the
drainage easement located on Lot 18, Block A in the Villages of Cottonwood Creek,
Section 5, 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
V~-IE~, the abutting property owner desires that said drainage 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 $15.00;
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 Coppeil, Texas has
determined that the drainage easement located on Lot 18, Block A in the Villages of
Cottonwood Creek, Section 5, 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 drainage easement being
abandoned has been determined by an appraisal to be $15.00.
98175 06076
SECTION 3. 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
· ~,~'//'~ day of , 199s.
APPROVED:
M~A TUNNELL, MAYOR PRO TEM
ATTEST:
CITY SECRETARY
~~H~LEEN ROACH,~'~'~
APPROVED AS TO FORM:
98175 O6O77
EX~I~T 'A'
LOT 18. BLOCK A. VILLAGE AT COTTONWOOD CREEK. SECT. V
5' DRAINAGE EASEMENT ABANDONMENT
BEING a 750 square foot parcel of land situated in Lot 18, Block A, VILLAGE AT
COTTONWOOD CREEK, SECTION V, an addition to the City of Coppell, Dallas County,
Texas, as recorded in Volume 97061, Page 3057, Deed Records Dallas County, Texas and
being more particularly described as follows:
BEGINNING at the most southwesterly property corner of Lot 18, Block A, VILLAGE AT
COTTONWOOD CREEK, SECTION V, said point being common with the most southeasterly
property comer of Lot 17, Block A, VILLAGE AT COTTONWOOD CREEK, SECTION V '
and the northerly right-of-way of Bricknell Lane;
THENCE South 54010'58'' East along the north right-of-way of Bricknell Lane, a distance of
5.00 feet to a point for corner;
THENCE North 35049'02' East running 10.00 feet from and parallel to the common property
of the aforementioned Lot 17 and Lot 18, a distance of 150.00 feet to a point for comer in a
common property line of Lot 18, Block A, VILLAGE AT COTTONWOOD CREEK,
SECTION V, with the westerly property line of the VILLAGE AT COTTONWOOD CREEK,
SECTION Ill;
THENCE North 54010'58' West along said common property line a distance of 5.00 feet to a
point for corner, said point being common to the most northeasterly property corner of Lot 17
and the most northwesterly property comer of Lot 18, Block A, VILLAGE AT
COTTONWOOD CREEK, SECTION V;
THENCE South 35°49'02'' West along the common property line of Lot 17 and Lot 18 a
distance of 150.00 feet to the POINT OF BEGINNING and containing 750.00 square feet or
0.017 acres of land.
98175 06078
EXHIBIT "8"
LOT 18. BLOCK A. VILLAGE AT COIIONWOOD CREEK. SECT. V
5~ DRAINAGE EASEMENT ABANDONMENT
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98175 06079
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