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Waterside P1-CS 930525 C0 U~'~.'Y CLERK'S PORTtONS OF THiS DOCUMENT NOT REPRODUCIBLE WHEN RECORDED ~/09/98 t~93~9 $33. ~ Deed AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. (~._~ ~ C '~ AN ORDINANCE OF THE CITY Of COPPELL, TEXAS, ABANDONING CERTAIN UTILI.Ty EASEMENTS ON LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, AND 27, OF BLOCK B, WATERSIDE ESTATES NO. 1, AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, AS SHOWN ON THE PLAT THEREOF RECORDED IN VOLUME 91251, PAGE 3040, PLAT RECORDS, DALLAS COUNTY, TEXAS; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF THE ADJACENT PROPERTY OWNERS OWNING THE UNDERLYING FEE SIMPLE OF EACH LOT; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEREST THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SUCH ORDINANCE SHALL CONSTITUTE A QUITCLAIM 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 City has no further need for the certain utility easements hereinafter described and that the Utility Companies having interests therein have filed notice of consent to abandon the same, copies of which are attached hereto as Exhibit "1" and made a part hereof for all purposes; and WHEREAS, the City Council of the City of Coppell has determined that the interest of the City and the public therein should be abandoned; and WHEREAS, the current owners of the properties on which said easements exists desire that such easements be abandoned; and WHEREAS, the City has determined that the City and public have no need for such easements and that the cost of keeping such easements is in excess of the fair market value of the City's interest in the easements being abandoned; NOW, THEREFORE, AGGO3F47 $81'1 i 03638 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the hereinafter described utility easements within the limits of the City of Coppell, Texas, are no longer needed or necessary for city or public purposes ant; should be abandoned in favor of the current owners of the lots burdened with said easements. The easements being abandoned are as follows: Being the five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B, Waterside Estates No. 1, An Addition to the City of Coppell, Dallas County, Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040, Plat Records, Dallas County, Texas, Said lot also being shown on the plat attached hereto as Exhibit "A" and made a part hereof. SECTION 2. The City of Coppell, Texas, hereby abandons all its right, title, and interest in and to said of easements as above described and abandons, conveys, and relinquishes ali such public interest the City may have in and to said easements to each underlying fee simple owner of said lots. SECTION 3. That the abandonment of the City's interest in said easements shall constitute a quitclaim in favor of each of the underlying fee simple owners of said lots and a certified copy of this ordinance may be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. SECTION 4. The abandonment provided for herein shall extend only to the public right, title, and interest of the City of Coppell, Texas, in and to said easements, 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 5. 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. 98111 O3639 SECTION 6. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY p,~z~D by the City Council of the CitYl~(,~ of Coppell, Texas, this the o~,.5" day of ,1993. MAYOR /~_.~-5 T. CITY SECRETARY APPROVED AS TO FORM: ~ ) CITY A'I-FOR~iE~Y COO93-0426 · I~' ~ I ] '~ · ~,j · I~ . · t , ~ { STATE OF TEXAS COUNTY OF DALLAS AFFIDAVIT OF CONSENT OF UTILITY COMPANY TO ABANDON UTILITY EASEMENT Utility Easement: Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B, Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County, Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040, Plat Records, Dallas County, Texas. Whereas, said lots and tracts of land are subject to the utility easement mentioned above; and Whereas, said utility easements are blanket easements for the benefit of utility companies, as set out on the plat above named; and Whereas, the Owners of said lots desire to have the easements abandoned; and Whereas, all utilities have been installed at the front of said lots and due to limited access the rear utility easements shown on the plat of each lot will not be needed for future utility installation. Now, Therefore, premises considered, the undersigned utility consents to the abandonment of the 5 foot utility easement located at the rear of each of the above mentioned lots and does hereby fully release and abandon its rights in and to the aforesaid platted easements and requests the City of Coppell to take such further action as is necessary to fully abandon said easements. EXECUTED this // day of ~/'~. ,1993. PARAGON CABLE COMPANY Name: 98111 03642 EXHIBIT CORPORATE ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged be:fore me on the ///~ day of /~-~' , (name of officer) (tEle of officer~ (name of corporation) {s~te of incorporation) On behalf of .id co.orat,o~. 4~ q:~ _ Nota~ Public, St~ of Texas Printed Name of Nota~ My Commission expires: 981 t I 036~,3 STATE OF TEXAS COUNTY OF DALLAS AFFIDAVIT OF CONSENT OF UTILITY COMPANY TO ABANDON UTILITY EASEMENT Utility Easement: Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B, Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County, Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040, Plat Records, Dallas County, Texas. Whereas, said lots and tracts of land are subject to the utility easement mentioned above; and Whereas, said utility easements are blanket easements for the benefit of utility' companies, as set out on the plat above named; and Whereas, the Owners of said lots desire to have the easements abandoned; and Whereas, all utilities have been installed at the front of said lots and due to limited access the rear utility easements shown on the plat of each lot will not be needed for future utility installation. Now, Therefore, premises considered, the undersigned utility consents to the abandonment of the 5 foot utility easement located at the rear of each of the above mentioned lots and does hereby fully release and abandon its rights in and to the aforesaid platted easements and requests the City of Coppell to take such further action as is necessary to fully abandon said easements. EXECUTED this ~ ~..~ day of ~J~/~ ~ ~' ,1993. T.U. ELECTRIC COMPANY Name: ~/~' Title: 98111 0351 ! CORPORATE ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged.before me on the ~.~ day of 199~_, by d.~/~-~,,,. ~"~(/~.~ , ~v/~ ~/q~ (name of officer) (title of officer) (name of corporation) (~te of incorporation) on behalf of .id corporation. ,O~U~~blic, Sta~,:~' Texas O~ / PrintedNameofNota~ My Commission expires: / /7 981 I ~ 036h5 STATE OF TEXAS COUNTY OF DALLAS AFFIDAVIT OF CONSENT OF UTILITY COMPANY TO ABANDON UTILITY EASEMENT Utility Easement: Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, !5, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B, Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County, Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040, Plat Records, Dallas County, Texas. Whereas, said lots and tracts of land are subject to the utility easement mentioned above; and Whereas, said utility easements are blanket easements for the benefit of utility companies, as set out on the plat above named; and Whereas, the Owners of said lots desire to have the easements abandoned; and Whereas, all utilities have been installed at the front of said lots and due to limited access the rear utility easements shown on the plat of each lot will not be needed for future utility installation. Now, Therefore, premises considered, the undersigned utility consents to the abandonment of the 5 foot utility easement located at the rear of each of the above mentioned lots and does hereby fully release and abandon its rights in and to the aforesaid platted easements and requests the City of Coppeil to take such further action as is necessary to fully abandon said easements. EXECUTED this ~ day of /)')/~ '? ,1993. LONE STAR GAS COMPANY Name: Title: " 98111 036[ 6 CORPORATE ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the /,.~7~ day of /f~,Cy., 199,'~, by .,~r~,,,-w ,P,.. T~,~¢' , .%.4--/..~5' ,~,E~'. ., (name of officer) (title of officer) (name of corporation) (state of incorporation) on behalf of said corporation. Notary Public, State ~'Texas ' ~/o////7/~2/~ Printed Name of Notary My Commission expires: 981 I ! 0361~7 STATE OF TEXAS COUNTY OF DALLAS AFFIDAVIT OF CONSENT OF UTILITY COMPANY TO ABANDON UTILITY EASEMENT Utility Easement: Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B, - Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County, Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040, Plat Records, Dallas County, Texas. Whereas, said lots and tracts of land are subject to the utility easement mentioned above; and Whereas, said utility easements are blanket easements for the benefit of utility companies, as set out on the plat above named; and Whereas, the Owners of said lots desire to have the easements abandoned; and Whereas, all utilities have been installed at the front of said lots and due to limited access the rear utility easements shown on the plat of each lot will not be needed for future utility installation. Now, Therefore, premises considered, the undersigned utility consents to the abandonment of the 5 foot utility easement located at the rear of each of the above mentioned lots and does hereby fully release and abandon its rights in and to the aforesaid platted easements and requests the City of Coppell to take such further aCtion as is necessary to fully abandon said easements. EXECUTED this //¢7~4/ day of /~/~q~ , 1993. GENERAL TELEPHONE COMPANY acne: Title: 981it 036k, CORPORATE ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledge.~ before me ,on the /0 7~/ day of 199.~_, by Z~'-¢r~ JJ~-~/'.c ~'"~.~//~"-"~'~'9 ~-~ (name of~fficer) ~(title of officer) (name of corporation) (s~te of incorporation) Nota~ Fublic, S~e of Texas /0/~1~~ Printed Name of .ota~ My Commission expires: 98111 036[ '9 CERTIFICATE OF CITY SECRETARY STATE OF TEXAS COUNTY OF DALLAS CITY OF COPPELL I, the undersigned, City Secretary of the City of Coppell, Texas, a municipal corporation, in the performance of the function of my office, hereby certify that the attached ordinance is a full, true and correct copy of Ordinance No. ~.~, ~ c_~as the same appears in the records of the official ordinance book of the City, having been adopted by the City Co_Qg,un.~/ of the City of Co ppell, Texas, on the ~.~ day of ///./o.~. ,19 9' ~, and that I am the lawful possessor and have legal custody of ~ record. WITNESS MY HAI~ND SEAL OF OFFICE at my office in Coppell, Texas, this the '~ day of ~jl-~z--~ ~ _ , 19._~_..~. City of Coppell, Texas