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Northlake Wood-ES 890913~' _~ \M I,~R l£';\~ 'I'ITI,I{ .......... SEPTEMBER 13, 1989 MR. STEVE GORHAM CITY OF COPPELL P.O. BOX 478 COPF~LL, TEXAS 75019 RE: EASEMENT DEAR STEVE: ENCLOSED PLEASE FIND COPY OF EASEMENT FROM GEORGE E. DIXON AND WIFE, DAWN M. DIXON TO THE CITY OF COPPELL. SORRY FOR THE LONG DELAY IN GETTING A COPY OF THaiS RECORDED EASEMENT TO YOU. THE FIRST DOCUMENTS SENT FOR RECORDING WERE SENT-AUGUST 1, 1989,. BUT WEEE NEVER FILED AND WE ASSUMED LOST. WE THEN HAD OUR COPIES RE-ExECUTED AND SENT TUEM FOR FILING AGAIN, THUS THE FINAL FILING DATE IS SEPTEMBER 6, 1989. THANK YOU FOR YOUR HELP AND FOR YOUR PATIENCE IN THIS MATTER AND IF YOU HAVE ANY QUESTIONS, PLEASE FEEL FREE TO GIVE ME A CALL. YOURS TRULY, MANAGER, ESCROW OFFICER LJB/dlp ENCL: (1) COPPELL/LB/1Sg060 AMERICAN TITLE COMPANY 500 S. DENTON TAP fIOG C0PPELL, TEXAS ?$019 7601 Tile BTATK OF TEXAS ' KNOW Al,I, MBff BY TIIESE PREBENTB: COUNTY OF DALLAS ' TJlAT we, OEOROE n. OLKON and wire, .AWN M. UIAON or L)elies County, Texas, in consideration si' the sum or one slid nn/Jllll L)ollers tS1.,#) nl~d oiler and valuiible ~onslderation in hand paid by City o1' (:ul)pell, Taxa,. reoelpt of wltleh hereby a~knowiedged, and in consideration of' ebe.dmti.g eertah other slmltery sewer eesemontl at the request of' grantors, do by the.q(~. I)reseitts t~e.I, tmrx~ti., sell nad convey unto City of Coppell, Tees.% the Free end unltfl-rr.pted u~e, liberty emi prlvllelie of passage in, along, ups. Bad aaron the i'ollowhiF, d-.q~rlbed property owned by un rot tho.purpose of ~ot,stru~ting -,nd mainteinln! ii senltftry sewer elseme, t. Sold property being litueted in Dallas County, Texas, end bel,~ fJ~.serlbed on Exhibit NAN flllnehed hereto end mede I part hereof For iili Purpd~e,J end ~t~wn on the pint mt(ached Iterate es Exhibit "B" which Is mede e pert hereof lot ell l,.rposes, (It is F.rther flgreed that the sold City of Coi3~ell, Textts in eonsiderotlml of' the benefits above set out, may remove From Ihs property nbove de.qertbed, sueh ren~el, buildings end olher obstructions es may be [sued upon slid property.) For the purpose or constructing end ,n.i. tfllnlng n sanltflry .,sewer, sewer mains end water raisins0 in, along, upon sad eero.q~t ~.ld premises, with the Fifths nnd privilege, at Iii times or the Ers. tee herein, It.q skeets, employees, workme..nd representatives hevin~ I,gress, egret, end reKre~ I., alone, upof end lero.,m premises For the purpose of constructing, making fldditJons tO, iai)FOreseers oft find repulr8 to the sold utility or e.y part thereof. TO IIAYE AND TO IIOLD unto the sold City or (~oppell, Texas, [o~ tim purposes eroresiild, the premises alJove described. Exec~uted this the :~f/'di'dey or .~ , Igag. 89173 213G 'BANGLE ACKNOWLSbUM I~NT. TNB STATE OF TIU[A.I COUNTY OF DALLAS BwPORI~ ME. the undersllmed muthoflty. I, end tof'smld County. Tatum. Mt this de), personally appeared OEOROE E. DIXON, km)Wll to me to bo the ~ whose nmi Jo tubee~lbid to tl~e rorefoln[ Instrument, and a~k,owledled to m~ Elint he e~eeuted the seine rot the purposes and ~onsldiritlofl thereh) axp~eued, MX COMMI~SIOi1 EXPIKF_,3 8INGLE ACKNOI/LEUUM BNT 'FILS 8TATI~ OF TEXAS C~UNTy OF bALI, AB . BI~uOIIE M I~ tho UndelslFted lutlmrlt I, s ; i · tMl ~ I)erl~mell~ mooeirid A lIMB .. D_W# M. DIXON, k,,.wfl to mO .. t II lut~l_ aribed to the .~orefoine hut,u,,--, ..... qq..bo tim n wi.Nme cM' lime Z'o~ th~ um,m,m 0~0 ,.~..~, ...... , un~ · .__._es ...... ,~ltlofl thereh! : MT COMMIMION BAPIIiI~ 2137 ./ Barry Rhodes & Associates, Inc. LAND SURVEYING . ;$Z; $. ~ ;~ STATE Or TEXAS, COUNTT OP DALLAS t Sanitary Sever EasemEnt BEING m portton o! Lot 20 Block B o! Fifth Secttne North Lmke Voodlmnde, mn mddttton to the C:tt! o! Coppell, Texme, nccordLnlt to the Hep Recorded in Volume. 78238, Pn~e. 202S Hep Socordn, IJallns CountT, Texne, nad beLnS dne~r{bed lin tollove t BEGXNNXNG mt mn iron rod for corner tn tim South R.O.V. Xtne o£ Hnedovcrnek Rend, enid point been! tim NorthneK corner o! L~t 20 ned the Northwest corner of Lbt 19! THENCE South 05 delreeo O! uLnetne *8 seconds East nines the esot 1Xne of nerd I. Qt 20, i dtetnnce of 100.8~ feet to t potnt tn the North XLfln of a 20 foot oentter! never neneuent recorded Xn VoZwe 68079, Pete 103t TH~CE Horth 89 degrees 19 uLnuten I0 seconds Vest exerts tho North 1tnt o£ seed eneenent, I d/stance of 6.03 fnetl THEHCE North OS decrees Ol utnutee &8 seconds Vest, s dLstnnce of 100.79 feet to t poLnt in tim South R.O.V. line o! Heedovcrnek Reed, nntd poXnt heXeS tn n curve to the rteht tmVtnl i centrE! angle of Ol delrm 37 utnuten 4?seconds n radius of 12S feet, m chord benrtn! of North 89 delruen eX tLtnutne 58 seconds hot, a dlstneco of 3.55 THElfCE alone said curve nfl arc dtlt~nce of 1,$$ feet! THEIICE South 89 degrees 19 linnets lO sec0mb Blot along nerd t,O,#, , n dtnunce of 2.47 feet to the PLACE OF BB~ZNNZNG end Contetn~ns 60&.98! square [est of ~nud. I XHIBIT f. 89173 2139 E~IT B / / 173 2V~9 I III £/. 168 DEADLINE" 5'00 p.m. Monday -, 8 Days Preceding 'City ~ouncil_ Meeting REF/FILE NUMBER Discussion and consideration of approval of a ITEM CAPTION : Resolution abandoninq certain easements in exchange for additional easements in connection with property located at 153 Meadowcreek and authorizing the Mayor to sign. III. ACTION RECOMMENDED : Approval of the Resolution IV. REP. IN ATTENDANCE A: STAFF- B: OTHER - Steve Goram, Public Works Director Larry Jackson, City Attorney V. NOTIFICATION TO Laura Barnett 462-~725 VI METHOD OF CONTACT : DATE : FINANCIAL REVIEW : 1. BUDGETED ITEM 2. BUDGET AMOUNT 3. ESTIMATED AMOUNT FOR THIS ITEM 4. AMOUNT OVER OR UNDER BUDGET 5. LOW BIDDER RECOMMENDED SOURCE OF FUNDING CO'S OR BONDS FUNDS (Series or year authorized) OPERATING BUDGET' (Account Number) OTHER AGENDA REQUEST FORM DMEMO I APPROVED BY CITY MANAGER : ITEM NUMBER ~ N/A YES NO : YES NO A RESO .OTIO" OF ThE CITY OF COt't'EL,., TEXAS RESOLUTION ~\ RESOLUTION OF THE CITY OF COPPELL, TEXAS, INDICATING ITS AGREEMENT TO EXCHANGE CERTAIN UTILITY EASEMENTS OVER PROPERTY KNOWN AS 153 ~IEADOWCREEK, COPPELL, TEXAS, FOR LIKE EASEMENTS OVER THE SAME PROPERTY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been found that a house and other improvements have been built over utility easements heretofore granted to the City across the property known as 153 Meadowcreek in the City of Coppell; and WHEREAS, the property owner has requested that the City accept dedication of a like easement in exchange for the abandonment of the easements which have been encroached upon; and WHEREAS, the City has determined that such exchange should be made in order to assist the owner in clearing title to the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: Section 1 That the City Council of the City of Coppell agrees to exchange the encroaching easements, marked in red on the plat attached hereto as Exhibit "A" in exchange for dedication of a like easement over the area marked in yellow on Exhibit "A". Exhibit ':A" being attached hereto and made a part hereof for all purposes. That upon proper survey of the easements in question an ordinance will be adopted abandoning the encroaching easements to become effective upon dedication to the City of the new easement above mentioned. Section 2 This resolution shall become effective upon its passage as the law in such cases provides. DULY .PASSEI~ by the City Council of the City of Coppell, Texas, on the ~ _ , 1989. dayof /.~t/C~ .~ ,~, TI{E Mayor A/Py, J~VED AS TO FORM: City Attorney// - CR89-0324 ATTEST: ' EXHIBIT "A" / / i / 'w ./ EXHIBIT / p o 6~ 0 '"': '.-~ 7'/~', ~,t,': ?r~rn',t~r~ I'XC .5 VFL" FOR ../ / / ! EXHIBIT \, ./ CITY COUNCIL MEETING June 13~ 1989 ITEM NO.__~ iTFM CAPTION: Consideration ,~ an inance connection ~ti~prop~ty located at Mayor to s~n~ (Director s' ure) - 'Sig OTHER REP.: EVALUATION OF ITEM: ab~an~ng certain easements in 153 Meadowcreek and authorizing Steve Goram Larry Jackson DATE: June 5, 1989 The ordinance requested is a follow-up to the resolution Council approved on March 28, 1989 (Resolution #032889) where Council approved abandonment of certain easements in exchange for additional easements in connection with property at 153 Meadowcreek. BUDGET AMT.: N/A AMT. ESTIMATED: N/A AMT. +/- BUDGET: FINANCIAL REVIEW BY: NIA LEGAL REVIEW BY: AGEndA REQ FORM REVIEWED BY CM: ~ _ ~su~ ==C?'~!'ED BY 'JIT¥ :,,~.~.~,=:-, S OFFICE: SUFPORT DOCtq~fENTATION SUBMITTED WITH AGENDA ITEM: MEMOS/LETTERS/REPORTS/BILLS/MINUTES: NO. OF ORIGINALS REQUIRED 1 each CONTt~ CT/AGREEMENT C.I.P. CONTRACT ..................... CHANGE ORDERS ....................... ORDINANCE ........................... : CAP~O~ PROCLAMATION ........................ : 3 originals for signature 6 originals for signature 3 ~riginals for signature j 1 blueback for signature + 3 copies 1 blueback for signature + 3 copies ~' 2 bluebacks for signature + I copy 2 bluebacks for signature + i copy LOCATION MAPS ....................... : ZONING PLANS ........................ : pEELIMINARY/FINAL PLATS ............. : SITE PLANS .......................... : LANDSCAPE PLANS ..................... : ARC}{ITECTI~AL RENDERINGS ............ : 1 each ,w~ 12 12 DATE PUBLISHED IN THE CITIZENS;ADVOCATE: NOTIFICATION TO: DATE/METHOD OF CONTACT: 50%ES 2ND SHEET.O588DS TO ALL PARTIES INTERESTED IN PREMISES SURVEYEO:' Let No. " ~ .8fo~ ~o. ~ T.~ m~q 1o t~. ~t~rd~ in Volume oft~ M,. R~.~,~ ~~ COUNTY. TEX~ T~ plat h.raon i~ Uue, corra~, and accu~ale re~ll~entat~fl of ~ pmp~ ~ ~i T~RE A~E ~ E~CR~MENTS. CO~U~S, OR BARRY RHODES AN ORDINANCE OF THE CITY OF COPPELL, TEXAS AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A SANITARY SEWER EASEMENT IN FAVOR OF THE CURRENT PROPERTY OWNER IN EXCHANGE FOR ANOTHER EASEMENT AT A DIFFERENT LOCATION; PROVIDING THAT SUCH ABANDONMENT SHALL BE ALL 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 City has no further need for the certain portions of easements hereinafter described and that the City's interest therein should be abandoned in exchange for an easement at a different location over the property; and WHEREAS, the current owner of the property on which said easements exist desires to make an exchange of said easements; and WllEREAS, the City has determined that the fair market value of the easement being received by the city exceeds the fair market value of the City's interest in the easement being abandoned; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the hereinafter described portions of sanitary sewer easements within the limits of the City of Coppell, Texas, are no longer needed or necessary for City public purposes as an easement and should be abandoned in favor of the current owner of the property burdened with said easement. The portions of sanitary sewer easement being abandoned are shown on the Plat attached hereto as Exhibit "Am and further described in two seperate Tracts (Tract I & Tract II) by metes and bounds, as follows: BEING a santitary sewer easement on portions of Lot 20 Block B of Fifth Section North Lake Woodlands an addition to the City of Coppell, Texas, according to the Map recorded in Volume 78238, Page 2025 Map Records, Dallas County, Texas and being described as follows: BEGINNING at an iron rod for corner in the South R.O.W. line of Meadowcreek Road, said point being the Northeast corner of Lot 20 and the Northwest corner of Lot 19; THENCE South 5 degrees 01 minutes 48 seconds East along the East line of said Lot 20, a distance of 100.84 feet to a POint in the North line of a 20 foot sanitary sewer easement recorded in Volume 68079, Page 102; THENCE North 89 degrees 19 minutes 10 seconds West along the North line of said easement, a distance of 21.95 feet to a point at the beginning of a curve to the left having a radius of 134.03 feet and a central angle of 28 degrees 08 minutes 12 seconds, a chord bearing of North 09 degrees 02 minutes 17 seconds East, a distance of 65.16 feet; THENCE along said curve an arc distance of 65.82 feet; THENCE North 5 degrees 01 minutes 48 seconds West, a distance of 36.0 feet to a point in a curve in the South R.O.W. line of Meadowcreek Road, said point being in a curve to the right having a central angle of 01 degree 37 minutes 47 seconds, a radius of 125 feet, a chord bearing of North 89 degrees 51 minutes 58 seconds East, a distance of 3.55 feet; THENCE along said curve an arc distance of 3.55 feet; THENCE South 89 degrees 19 minutes 10 seconds East along said R.O.W., a distance of 2.47 feet to the PLACE OF BEGINNING and containing 942.922 square feet of land. BEING that portion of Lot 20 Block B of Fifth Section North Lake Woodlands an addition to the City of Coppell, Texas, according to the Map recorded in Volume 78238, Page 2025 Map Records, Dallas County, Texas, and being that portion of the house on said lot 20 that lies in a 20' sanitary sewer easement recorded in Volume 68079, Page 102 Deed Records, Dallas County, Texas, and being described as follows: BEGINNING at a point for corner at the intersection of the East line of said house and with the North line of said 20' sanitary sewer easement, said point being South 05 degrees 01 minutes 49 seconds East, 100.84 feet and North 89 degrees 19 minutes 10 seconds West, 6.13 feet from the Northeast corner of said Lot 20; THENCE South 5 degrees 01 minutes 48 seconds East, a distance of 3.27 feet to a point for corner; THENCE South 84 degrees 58 minutes 11 seconds West, a distance of 12.2 feet to a point for corner; THENCE North 5 degrees 01 minutes 48 seconds West, a distance of 3.2 feet to a point for corner; THENCE South 84 degrees 58 minutes 11 seconds West, a distance of 12.83 feet to a point for corner; THENCE North 19 degrees 45 minutes 41 seconds East, a distance of 2.71 feet to a point for corner; THENCE South 89 degrees 19 minutes 10 seconds East, a distance of 24.01 feet to the PLACE OF BEGINNING and Containing 70.65 square feet of land. SECTION 2. The City of Coppell, Texas, hereby abandons all its right, title, and interest in and to said portions of easements as above described and abandons all such interest the City may have therein in favor of the current owner of the property burdened by said easement. SECTION 3. That the abandonment of the City's interest in said easement shall constitute a quitclaim deed in favor of the current owner of the property burdened by said easement, 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, tit]e, and interest of the City of Coppell, Texas, in and to said portion easement, 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 purchase thereof be declared unconstitutional or void, such declaration shall not effect any of the remaining portions hereof. SECTION 6. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DULY pA~ED by the City. Council of the City of Coppell, Texas, this the /L? day of_ ~_~.~t4_ , 1989. APPROVED: ATTEST: CITY SECRETARY APPROVED AS TO FORM: CO89-0608 BARRY RHODES & ASSOCIATES, INC. ,~$~79 5 Garland Rned- Garland, Ttxa~ 75~1 ' CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS CITY OF COPPELL I, the undersigned, City Secretary of the City of Coppell, Texas, a municipal corporation, in performance of the functions of my office, hereby certify that the attached ordinance is a full, true and correct copy of Ordinance No. ~_z/~// as the same appears of record in the Official Ordinance Book of the City, having been adopted by ~ City Council of the City of Coppell, Texas on the /~ day of F-,f~4~-~_ _ 1989, and that I am the lawful possessor and have legal custody of such record. WITI~I~;S ~Y HAleD AI~D SE/~I~ OF,.~OFFICE at my office in Coppell, Texas this the ~7~; day of (~ ~ 1989. Dorothy Tim~ .. . City S~cret~ry, Coppell, Texas (seal) A RESOLUTION OF THE CITY OF CoppELL, TEXAS RV. SO ,U?ION ! A RESOLUTION OF THE CITY OF COPPELL, TEXAS, INDICATING ITS AGREEMENT TO EXCHANGE CERTAIN UTILITY EASEMENTS OVER PROPERTY KNOWN AS 153 MEADOWCREEK, COPPELL, TEXAS, FOR LIKE EASEMENTS OVER THE SAME PROPERTY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, it has been found that a house and other improvements have been built over utility easements heretofore granted to the City across the property known as 153 Meadowcreek in the City of Coppell; and WHEREAS, the property owner has requested that the City accept dedication of a like easement in exchange for the abandonment of the easements which have been encroached upon; and WHEREAS, the City has determined that such exchange should be made in order to assist the owner in clearing title to the property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF Tt{E CITY OF COPPELL, TEXAS: Section 1 That the City Council of the City of Coppell agrees to exchange the encroaching easements, marked in red on the plat attached hereto as Exhibit "A" in exchange for dedication of a like easement over the area marked in yellow on Exhibit "A". Exhibit "A" being attached hereto and made a part hereof for all purposes. That upon proper survey of the easements in question an ordinance will be adopted abandoning the encroaching easements to become effective upon dedication to the City of the new easement above mentioned. Section 2 This resolution shall become effective upon its passage as the law in such cases provides. the City Council of the City of Coppell, Texas, on the ,_~7~~::~'~'t~ day of ....t/cCt_,~./~. , 1989. / .PyVED AS TO FORM: Ci~cy At torne~// CK89-0324 ATTEST: · City Seere ary/ ! 1 1 / /\ ~0~o ~.Z7 /