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Villages CC 1-3-AG 970527The City With ^ Beautiful Future CITY ITEM AGENDA REQUEST FORM COUNCIL MEETING: May 27, 1997 ITEM # ~ CAPTION: Approval of an ordinance abandoning a 7.5 foot utility easement along the rear of Lot 6, Block 8 Village of Cottonwood Creek Section I (254 Winding Hollow Lane) and authorizing the Mayor to sign. SUBMITT~~ TITLE: Dir. of Engineering &.~W61ic Works STAFF R~aO-~wn~c~--~ur}-~ '- - -------~Approvai X Denial STAFF COMMENTS: The City of Coppell Engineering Department has been contacted concerning the abandonment of an existing 7.5 foot utility easement on the rear of Lot 6, Block 8 Village of Cottonwood Creek Section I (254 Winding Hollow Lane). 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. Ebby Halliday 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 7.5 foot utility easement. available to answer any questions at the Council meeting. Staff will be APPROVED BY CiTY GOUNCIL DATE ! BUDGET A~afT. $ FINANCIAL COMMENTS: ~\~ AMT. EST.$ +/- BU'D:$ DIR. INITIALS: ~ Agenda Request Form - Revised 6/96 FIN. REVIEW~ CITY MANAGER REVIEW: Document Name e~.2 PHIL RANDALL CUSTOM HOMES, INC. P.O. BOX 295235 LEWISVILLE, TEXAS 75029-5235 Phone: 817-241-2461 May 12, 1997 Mr. Doug Stevens Engineering Department City of Coppell P.O. Box 478 Coppell, Texas 75019 Re: Utility Easement at 254 Winding Hollow Lane Dear Mr. Stevens: Per our conversation on April 25th, 1997, we are requesting that the City of Coppell abandon the 7.5 foot utility easement that runs along the flood plain line on the east side of the subdivision. Attached is a copy of the survey, and the proposed pool drawing indicating the location and the subsequent encroachment into the easement. It is our understanding that at this time no utilities of any kind are within this easement. The proposed home addition and new pool construction are pending the abandonment of this easement. A small portion of the proposed pool will fall within this easement. At this time we would request that the city give permission to start pool construction and the home addition not start until the easement has been released. Per our conversation, I understand that other homeowners on the east side of Winding Hollow Lane have secured the release of this easement. In advance, we appreciate all of your help concerning this issue. Sincerely, Phil Randall, President PHIL RANDALL CUSTOM HOMES, INC. Arlan Harris, Home Owner Cindy O'Gorman 3315 Trinity lVtill.~-kDallns, TX 75287 PH:972/307-3229drVM:972/380-7389 May 1, 1997 Mr. & Mrs. Arian Harris 254 Winding Hollow Lane Coppell, TX 75019 RE: Brokers Opinion of Utility Easement 254 Winding Hollow Lane Lot 6, BIk.8, Cottonwood Valley Dear Mr. & Mrs. Harris: We have determined that the cost of the utility easement which is at the rear of your property calculates out to $0.02 per square foot. Therefore, the 7.5 foot x 76.19 foot easement valuation is $11.43. If we can be of further assistance, or answer any questions, please feel free to give me a call. ~cerely, /1 coG . .63 Company Wide Liselnf Afent ~' ~1 ~ompany Wide Producer 199S * ~2 Company Wide Preducer l~J~* SUr Adt~ver* Mdti-Milbe Ddbr Produeer* Lone Star Company P.O. ~ 306 · L~vlmlb, T~ms 75067 Janmu'7 15, 1997 Mr. Doug Stevens Engineering Dept. City of Coppell P.O. Box 478 Coppell, Texas 75019 Re: Utility Easement at rear of Lots 4-33 in Block 8 of the Village At Cottonwood Creek Section I addition in Coppell Dear Mr. Stevens, This is to inform you that Lone Star Gas Company does not hnve any gas mains in the easement located at the rear of the above referenced properties, nor do we plan to locate gas mains in this easement in the future. Therefore Lone Star Gas Company does not object to the abandonment of this Utility Easement. If! can be of further assistance please do not hesitate to call me at (972) 317 ~?.21. Sincerely, Kevin B. Page Business Development Manager Lone Star Pipeline Company 1931 East Sixth St. I~ng, Texas 75060 Phone: 214-579-0232 January 20, 1997 Mr. Doug Stevens City of Coppell Engineering DelmtOnsnt 255 Parlovay Blvd. Coppell, TX 75019 Re: Utility Easement/Village of Cottonwood Creek Dear Mr. Stevens: Lone Star Pipeline Co. neither owns nor operates a natural gas tmnsm~ion l~ipellne within the referenced easement east of tFlnding Hollow gano in the City of Coppelg IfI can be of further help, please let me know. ~Fe~ Rudd FARMERS BRANCH SERV. I~.~2143238925 ~AN~,~.'97 15:05 No.O08 P.02 ~ ~ELECTRIC Jan 10, 1997 Doug Stevens City of Copp~ll 2:55 Parkway Blvd. Coppell, TX 7:5019 RE: Abandonment Rextuest To whom it may concern: I have reviewed the abandomncnt request concerning a utility ee. sem~ located across the rear of 218 Winding Hollow, bein8 lot i:5, block 8, el'Villages of Cottonwood Creek. '1%1 Electri~ has no immediate conflicts with this request. Please call mc at 323-8907 if you should have any further questions. Sincerely, SeffKey Distribution Service Planner GTE ~lephone Operation~ Central Area January 14, 1997 City of Coppe11 255 Parkway Blvd. Coppe11, Texas 75019 Attn: Mr. Doug Stevens Re: Lot 15, Block 8 Villages of Cottonwood Creek Coppell, Texas Dear Mr. Stevens: GTE has no facilities in the rear of the lot referenced above, also known as 218 Winding Hollow Lane, and has no objection to the abandonment of any easements in the rear of this or any other lot in Block 8. Sincerely, Engineer, O.S.P. GTE Sen,ice ~un/A pa~ of GTE ~ PARAGON ¢ A i,, I.. January 22, 1997 Mr. Doug Stevens City of Coppell P.O. Box 478 Copl~ll, TX 75019 Abandonment Requ~ Utility easement at Village of Cottonwood Creek, 218 Winding Hollow To whom it may concern: Paragon Cable has no objections to the above referenced abandonment. If w8 can be of any further assistance, please feel free to call us at (972) 501-7000. Since.rely, ~ Design/Drafting Coordinator 2951 Kinwest Parkway. Irving, Texas 75063-3498 972/501-7000 Fax 9721501-7070 AN ORDINANCE OF THE CITY OF COPPELL~ TEXAS ORDIN CE NO. ~/11/97 l)eed 1~ lO:~'cJ' $15.00 AN ORDINANCE OF TI~ CITY OF COPPELL, TEXAS, ABANDONING A UTILITY EASEMENT, LOCATED ON LOT 6, BLOCK 8 VILLAGE OF COTTONWOOD CREEK SECTION I AS DESCRIBED IN EXHIBITS "A" AND "B" 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 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 6, Block 8 Village of Cottonwood Creek Section I, 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 the fair market value of the easement to be abandoned to be $11.43; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION I. That the City Council of the City of Coppell, Texas has determined that the utility easement located on Lot 6, Block 8 Village of Cottonwood Creek Section I, 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 $I 1.43. SECTION 3. That upon payment of $11.43 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 f'ded 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 /x2~a,,~ , 1997. : APPROVED: ~M MORTON, MAYOR ATTF_3T: ~OkvI~-ILEEN ROACH~, CITY SECRETARY APPROVED AS TO FORM: PETER G. SMITH, CITY~3q~qEY ~ 97113 0 032 ~BANDONMENT OF ,~ 7.~' I,]TILITY EASEMENT LOT 6, BLOCK 8, VILLAGE AT COTTONWOOD CREEK, SECTION I Being a 7.5' utility easement located on Lot 6, Block 8 of VN.I-AGE AT COTTONWOOD CREEK, SECTION I, an Addition to the City of CoppeH, Dallas County, Texas as recorded in Volume 85237, Page 5022 of the Plat Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a point in the South right-of-way of Winding Hollow, said point being common to Lot 7 and LOt 6, Block 8 of said VILLAGE AT COTTONWOOD CREEK, SECTION I; THENCE departing from the South right-of-way line of Winding Hollow along the common property line of Lot 7 and Lot 6, South 57' 27' 49" East, a distance of 122.77 feet to the POINT OF BEGINNING; THENCE departing from the common property line of Lot 7 and Lot 6 along the northerly line of a 7.5 feet utility easement, North 34' 06' 52" East, a distance of 76.43 feet to a point for corner in the common property of LOt 6 and Lot $ of the VILLAGE AT COTTONWOOD CREEK, SECTION I; THENCE along said common property line, South 55' 53' 08" East, a distance of 7.50 feet to a point for corner, said point being common to the aforementioned Lot 6 and Lot 5, the southerly line of said utility easement and the northerly line of a floodway and drainage easement; THENCE departing from the common property line of LOt 6 and Lot 5, along the common line of said 7.5 feet utility easement and the floodway and drainage easement, South 34' 06' 52" West, a distance of 76.23 feet to a point for comer, said point being in the common property line'of LOt 7 ano Lot 6; THENCE along said common property line, North 57' 27' 49" West, a distance of 7.50 feet to the POINT OF BEGINNING and containing 572.48 square feet or 0.013 acres of land. 97113 01.,,033 EXHIBIT "8" 254 WINDING HOLLOW POINT OF C~NNENCING / ~,,,d~_ ¥.R¢.F"... , - CREEK coTTONWOOD co' ~'¢ VIU.L" 'B" 97113 0~03~. 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