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ST0102-AG020924'1' H B · ~ I I' Y · 0 F ~ ~-~1~ AGENDA RRQUEST FORM CITY COUNCIL MEETING: September 24, 2002 ITEM # 14 ITEM CAPTION: Consider an ordinance abandoning a portion of the West Ruby Road fight of way adjacent to Lot 1, Block A of Duke Freeport Addition, and authorizing the Mayor to sign; and consider a resolution of the city authorizing the City Manager to execute the necessary documents for the sale of an irregular piece of property adjacent to Lot 3, Block A of the Duke Freeport Addition for the sum of $253,000, and authorizing the Mayor to sign. APPROVED BY CITY COUNCIL ON ABOVE DATE SUBMITTED BY: Jim Witt TITLE: City Manager STAFF COMMENTS: Motion to Approve M - Peters $ - Tunnell Vote - 7-0 BUDGET AMT. $ FINANCIAL COMMENTS: DIR. INITIALS: Agenda Request Form - Revised 5/00 AMT. EST. $ FIN. REVIEW: +k-BID $ CITY MANAGER REVIEW: Docum~t Name: !Duke AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. 2002-1014 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A PORTION OF THE WEST RUBY ROAD RIGHT-OF- WAY ADJACENT TO LOT 1, BLOCK A OF DUKE FREEPORT ADDITION, AS DESCRIBED IN EXHIBIT A ATrACHE~D HERETO; AUTHOI~IZING THE MAYOR TO SIGN; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Coppell City Council discussed and gave consideration to abandoning a portion of the West Ruby Road right-of-way adjacent to Lot 1, Block A of the Duke Freeport Addition in the City of Coppell; and WHEREAS, the City of Coppell City Council hereby finds and determines that a portion of the West Ruby Road right-of-way adjacent to Lot 1, Block A of the Duke Freeport Addition in the City of Coppell, has little or no value; and WHEREAS, an appraisal of said right-of-way has been obtained; and WHEREAS, the City of Coppell City Council has determined that with the realignment of Ruby Road said fight-of-way will not be needed and no public purpose would be served through continuous maintenance thereof and that it would be in the best interest of its citizens to abandon the said portion of the right-of-way abutting Lot 1, Block A of the Duke Freeport Addition, as depicted in the attached Exhibit "A"; NOW, THI~REFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS; Section 1. That the City adopts as findings the facts recited in the preamble. Section 2. That the portion of West Ruby Road right-of-way adjacent to Lot 1, Block A of the Duke Freeport Addition, as depicted in Exhibit "A" attached hereto and incorporated herein by reference as if set forth in full, be hereby abandoned by the City of Coppell. Section 3. The City Secretary is hereby directed to certify a copy of the Ordinance and cause it to be recorded in the Deed Records of Dallas County, Texas, upon receipt of the fair market value of said land. 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 a~d to said right-of-way, and shall be construed to extend only to such interests that the governing body of the City of Coppell, Texas, may legally and lawfully abando~ Seetion S. That this ordinance shall mice effect immediately from and after its passage as the law and charter in such cases provide. DULY PASSEl) by the City Council of gie City of Coppell, Texas, this the ~ day of CANDY SHEEHAN, A'FFEST: ~0878 UNE: TABL~ IJHE BEARING LI S36'06'38"W 1.2 N381'/'Se"E L,3 N'Ie'Oe'4e'w 1.4. s3eq~7'srw ARC SPE], LI..C, ,~-NM. I 0 100 2O0 4OO GRAPHIC SCALE IN FEET I I PART OF LOT 1, BLK. J,.~'22'3a" I (VOL 2001065, PO. 00037) L.-7.1~' R,.420.00' T-23~,90' C0-429.19' 1.033 ACI~S __ LOT BUC A (w~.~ ~ ooo,~) ~,~ ('i5.000 SQ. FT.) -F'RE 'ORT AOOrlION. / 2001065, PG. 00037) 119.45' . ...~..01T-Innd BEARING SYSTEM BASF. D 014 THE The l, lnd~lgned~ Reglltsred SurveyQr, hereby Gertlfle8 that thI. I.at O.T FINAL PLAT OF THE DUKE- Burvey occurdtdy lets out the mete. cmo FREEPORT ADDIlION, AN ADDI~ION of the eaNment ~x~ d-_~b~ ed. TO THE OTY OF COPPELL. 1EXAS RECORDEO IN VOLUblE 20010~5, PAGE 037 OF THE DEED RECORDS ~ ~ I ?'''l~ i/) 't, OF DALLAS COUNTY. TEXAS. Profelek)nal t..nd RUBY ROAD RIGHT-OF-WAY ABANDONMENT 1,033 ACRE RIGHT-OF-WAY ABANDONMENT OF RUBY ROAD John Vast Survey, Abstract No. 1508, City of Coppell, Dallas County, Texas DESCRIPTION, of a 1.038 acre tract of land situated In the John Vest Survey, Abstract No. 1508, City of Ceppoll, Dallas County, Texas; said tract being a portion of the same tnmt of land dedicated es Ruby Road on Final Plat of the Duke-Freeport Addition, an add#Ion to the City of Coppall, Texas according to the plat recorded in Volume 2001065, Page 37 of the Deed Records of Dallas County, Texas; ~ 1.033 acre tract being more particularly dasoribed as follows; BEGINNING, at a 1/2-inoh iron rod with 'Pacheco Koch' cap found in the proposed south right-of- way line of Ruby Road (a variable width public right-of-way); said point being In a north lIne Lot 1, Block A of said Duke-Fraspert Addition; said point being South 89 degrees, 32 minutes, 47 seconds East, · distance of 28.45 from the Intersection of the said south right-of-way line of Ruby Road and the east right-of-way line of · right turn lane of Freeport Parkway;, THENCE, South 89 degrees, 32 minutes, 47 seconds East, along the proposed south right-of- way line of Ruby Road, a distance of 100.00 feet to a point for angle point;, THENCE, South 89 degrees, 06 minutes, 00 seconds East, along the proposed south lIne of Ruby to a point for comer;, said point being in a northeast lIne of said Duke-Freepmt Addition; said point also being in · southwest line of · tract of land described In ge. cd to the City of Coppea, Texas recorded in Volume 2000242, Page 6802 of the Dcc. d Records of Dallas County, Texas THENCE, South 75 degrees, 15 minutes, 12 seconds East, departing the proposed south line of Ruby Road and along said southwest line of City of Ceppea tra=l~ a distance of 119.45 feet to a point In the existing north line of said Ruby Road; said point also being the west aomer of Lot 3, Block A of said Duke-Fraspert Addition; said point also being the beginning of a non-tangent curve to the right whose center bears South 36 degrees, 06 minules, 38 seconds West a distance THENCE, in a southeasterly direction along the southerly line of said Lot 3 end the present north right-of-way line of Ruby Road with the said non-tangent curve to the left; through a central angle of 00 degrees, 51 minutes, 17 seconds, an arc distance of 7.16 feet, on a chord bearing and distance of South 53 degrees, 27 minutes, 44 seconds East, 7.16 feet to a point; said point also being the beginning of a tangent reverse curve to the left whose center bears North 36 degrees, 57 minutes, 55 seconds East, · distance of 420.00 feet from said point; THENCE, in a southeasterly direction along the southerly line of said Lot 3 and the present north right-of-way line of Ruby Road with the said non-tangent curve to the left; through a central angle of 45 degrees, 22 minutes, 38 seconds, an arc distance of 332.63 feet, on a ohord bearing and distance of South 75 degrees, 43 minutes, 24 seconds East, 324.01 feet to a point; saki point being the east comer of said Lot 3; THENCE, South 75 degrees, 15 minutes, 12 seconds East, a distam~e of 65.87 feet to a 5/8-inoh iron rod found for angled point; THENCE, North 73 degrees, 51 minutes, t2 seconds East, continuing with the south line of said City of Coppoll tract and said north line of Ruby Road, a distance of 421.23 feet to a point for corner in the proposed south lIne of said Ruby Road; THENCE, South 89 degrees, 06 minutes, 00 seconds East, departing the said existJng north line of Ruby Road and along the said propo~d south line of Ruby Road, a distance of 102.34 feet to a point for comer in the existing south line of Ruby Road; said point being in the north line of said Lot 1; Right-of-Way Abandonment of Ruby Road John Ve~t Survey, Abstract No. 1506 P, e2 THENCE, westerly, along the ex]sting south right-of-way line of Ruby Road, and the said north line of Lot 1, the following three cells; South 73 degme~, 51 minutes, 12 seconds West, · distance of 519.07 feet to a point a~ the beginning of a curve to the rl~t whosa center beam Norlh 16 de~es, 08 minutes, 48 seconds West, a distance of 480.00 feet from ~ld point; In a westerly directton, along ceid tangent curve, through a central angle of 53 degrees, 08 minutes, 43 saconds, an am distance of 444.95 feet, on a ~ bearing and distance of North 79 degrees, 35 minutes, 27 seconds West, 429.19 feet to a point of reverse curvature to the left whose center bears South 36 degrees, 57 mlnutee, 55 seconds Weal, a dlstence of 420.00 feet from said point; In a westerly direction, along said revere curve to the left, through a central angle of 36 degrees, 30 minutes, 42 sanonds, an arc distance of 267.64 feat, on a chord bearing and distance of North 71 degrees, t7 minutes, 26 seconds West, 263.14 feet to a the POINT OF BEGINNING; CONTAINING, 45,009 square feat or 1.033 acras of land, more or less. Date \ Pacbe~lo Konh Consulting Engineers, Inc. ~8350)~. Central F_xp~, # 1000, Dallas TX 75206 (~3~'235-3031 COP?ELL DATE: TO: FROM: Subject: Portion MEMORANDUM September 16, 2002 Mayor and City Council Jim Witt, City Manager Am-nament Qf R~aht-of-wav. and Sale of Heatley-Moist Property to Duke Realty of With the straightening of Ruby Road there will be a small portion of our right-of-way, as well as a narrow strip of ground previously part of the Heatley-Moist property, that will now be adjacent to the Duke Realty property. Duke will pay $253,000 for the abandoned right-of-way in this narrow strip of property. Those funds will be utilized to improve Ruby Road from Coppell Road to its intersection with Freeport Parkway. We have been working on this exchange of land and purchase in order to improve Ruby Road since May of this year. We strongly recommend acceptance of this proposal through the two actions on your Council agenda for Tuesday, September 24. If you have any questions regarding this, please do not hesitate to contact City Engineer Ken Griffin or me. August 13, 2002 Mr. Jeffrey D. Turner Senior Vice President Duke Realty Corporation 5495 Belt L'me Road, Suite 360 Dallas, Texas 75240 RE: Ruby Road and Land Exchange Dear Jeff: This will confu-m a recent conversation that the City of Coppell will enter into an agreement to sell and transfer the property adjacent to West Ruby Road to Duke Realty in order to complete the realignment of Ruby Road, and to assist in the development of your project on the northeast portion of the property. This land ~'ansfer will consist of the existing fight-of-way, plus the fee shiiple land presently owned by the City. We anticipate this sale and transfer will be made sometime in the next 60 to 90 days for approximately $253,000. The City would then begin to develop and realign Ruby Road to the north of your subdivision. We gratefully acknowledge the contribution that Duke Realty will make to this project in order to ensure adequate access to Wagon Wheel Park as well as to the Duke property holdings located south of Ruby Road. We will be forwarding to you legal documents related to these transactions, and hope that we can bring them to a successful conclusion in the near future. If you have any questions or comments, please do not hesitate to contact me. Respectfully, Jim Witt City Manager cc: Clay Phillips Jennifer Armstrong Ken Griff'm A RESOLUTION OF THE CITY OF COPPELL, TEXAS RESOLUTION NO. 2002-0924.2 A RESOLUTION OF ~ CITY OF COPPELL TEXAS, AUTHO]~r'LING ~ CITY MANAGER OR IHS DESIGNEE'TO SELL CERTAIN NARROW STRIP OF LAND OWNED BY THE CITY OF COPPELL WHICH IS CONTIGUOUS AND ADJACENT TO LOT 3, BLOCK A, OF ~ DUKE FREEPORT ADDITION AND THE ABANDONED PORTION OF WEST RUBY ROAD RIGHT-OF-WAY ADJACENT TO LOT 1, BLOCK A OF THE DUKE FREEPORT ADDITION AS DEPICTED ON EXHIBIT "A', WHICH IS ATTACHED HE~RETO AND INCORPORATED HEREIN BY REFERENCE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Coppell owns an irre~alar piece of property which is adjacent to Lot 3 of Block A of the Duke Freeport Addition and the abandoned portion of West Ruby Road right-of-way adjzcent to Lot 1, Block A of the Duke Freeport Addition; and WI~REAS, the City no longer desires to maintain or utilized the property for public benefit and the Texas Dugan Limited Partnership, by Its Agent, Duke Realty Services, by Its General Partner, Duke Services, Inc., which is the abutting property owner desires to purchase the same; and WNERFAS, the TEXAS LOCAL GOVERNMENT CODE requires that certain procedures and methods be followed in order to sell property owned by a municipality; and WI~.REAS, in accordance with § 272.001(b) of the TFXAS LOCAL GOvEm~mhrr CODE, the City has obtained the fair market value of such property and has provided the same to the abutting property owner; and WI:I~REAS, Texas Dusan Limited Partnership, by Its Asent, Duke Realty Services, by Its General Partner, Duke Services, Inc., desires to pay such amount and the City desires to sell said property; NOW, TNEREFORE, BE IT RESOLVED BY ~ CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Manager or his deaiguee is hereby authorized to undertake the necessary and statutory requirements in order to sell to Texas Dugan Limited Partnership, by Its Agent, Duke Realty Services, by Its General Partner, Duke Services, Inc., for fair market value public land identified as a certain tract of publicly owned land which is contiguous and adjacent to Lot 3 of Block A of the Duke Fr~port Addition and the abandoned portion of West Ruby Road right-of-way adjacent to Lot 1, Block A of the Duke Freeport Addition as depicted on Exlu'oit 'A", SECTION 2. That the City Manager, or his designee, acting on behalf of the City of Coppell is hereby authorized to nego6~e, enter into, and execute all documents and contracts necessary relatin.q to the sell of the propen'y descn'bed herein to Texas Dugan Limited Partnership, by Its Agent, Duke Realty Service, by Its General Partner, Duke Services, Inc., for fair market value of the same. SECTION 3. That figs Resolution shall take effect immediately from a~xi after its passage as the law and charter in such cases provide. DULY PASSED by the City Council oflt~e City of Coppell, Texas, this the ~ day of 2002. RNEY CANDY SHEEHA~,'I~I~YOR- - ~Y 2 5o6~9 S73'~1'12'W 0 100 200 400 GRAPHIC SCALE IN FEET PART Of' LOT 1. BU(. A DUKE-F-mz~'ORT ADDIIlON (VOL 200~065o PO. OOO37) LOT BLK. A ~ne undlrl~ne~ Regletered Profs=-=_~on~ Lond Surveyor, hereby eerflfle~ ~ho~ thl~. Mo~ o.f ocrurotMy #t~ out ~e metel ona ~he eo~emen~ ~ deK~bed. D(~i BEARING SYSTEM BASI[D ON THE fiNN. PI.AT OF '11'lE DUKE- F'RE~ORT NXX'n0fl, AN N)DrnoN TO 1HE CITY OF COPPELL. ID(AS RECORDED IN VOUJME 200106,5, PAOE 037 OF THE DEED RECORDS 1.281 ACRE TRACT OF LAND 1.281 ACRE TRACT OF LAND Vast Survey, Abstract No. 1508, C~¥ of Coppe//, DaBas County, Texas; DESCRIPTION, of a 1.281 acre tract of land situated In the John Vast Survey, Abstract No. 1508, City of Coppell, Dallas County, Texas; asld tract balng a portion of the same tract of land dascHbed In ¢...-..d to the City of Coppall, Texas recorded In Volume 2000242, Page 6802 of the Deed Records of Dallas County, Texas; said 1.281 acre tract being more particutady described COMMENCING, at · point in the south east corner of the Intersection of the east line of Freeport Parkway and the south right of way line of Ruby Road as dedicated by the Duke-Freapod Addition, an addition to the City of Coppell, Texas according to the plat re~ed in Volume 2001065, Page 37 of the Deed Records of Dallas County, Texas; said point also being the north wast comer of Let 1, Block A of the said Duke-Freeport Addition; THENCE, South 89 degrees, 32 minutes, 47 seconds East, departing the said east line of Freeport Parkway and along the proposed south line of Ruby Road, a distance of 128.45 feet to an angle point; THENCE, South 89 degrees, 06 minutes, 00 seconds East, continuing along the proposed south line of Ruby Road, a distance of 64.05 feet to a 1/2-inch iron rod with 'Pacheco Koch' sap sat for the POINT OF BEGINNING; THENCE, South 89 degrees, 06 minutes, 00 seconds East, along the said proposed south right- of-way line of Ruby Road, a distance of 903.70 feel to a 1/2-inch iron rod with 'Pacheco Koch" cap set for comer in the existing nodh right-of-way line of said Ruby Road; THENCE, South 73 degrees, 51 mInutes, 12 seconds West, departing the said proposed south lIne of Ruby Road and along the said existing north line of Ruby Road, a distance of 421.23 feet to a 5/8-Inch iron rod found for corner;, THENCE, North 75 degrees, 15 minutes, 12 seconds Wast, along th~ said existing norlh line of Ruby Road, passing et · distance of 65.87 feet the east comer of Lot 3, Block A, of said Duke- Freeport Addition; continuing along the north line of said Lot 3 and In a south line of the said City of Coppell Tract, passing at a distam~ of 396.51 feat the west comer of said Lot 3, continuing in all a distance of 515.97 feet to the POINT OF BEGINNING; CONTAINING, 55,796 square feet er 1.281 acres of land, more or less. q.F'.L.S, q,:,. P~eco ~och Consulting Engineers, Ina. (972) 2353031