ST8804-ES 910924 (2)ITEM CAPTION;
Consideration of an ~linance abandonlnE a sanitary sewe~' easement no lo~er necessary
City services, generally located at the n~rthwest corner of Sandy Lake Road and Heartz Road,
and authorizing the May~r to sign.
SUBMITTED BY:~
STAFF REP.~G~'L' Sieb,~l~' Directer
OTHER REP.:
DATE:
This request fer abandonment of a twenty foot wide ~anltary sewer easement is precipitated
by the fact that it is no longer needed fer service. With the construction of Heartz Road, a~d
the construction of a new sanitary sewer which serves the same area, abandonment of the
requested eazement will have no affect on City service. A letter of abandonment request, the
legal description of the easement, and a map of the location of the easement are attached f~
Council's information.
BUDGET AblT.
AMT +/- BUDGET
FINANCIAL REVIEW BY
LEGAL REVIEW BY:
PARKS OF COPPELL TRUST
C/O HARRY M. HARGHAVE, TRUSTEE
5956 Sherry Lane, Suite 1000
Dallas, TX 75225
June 3, 1991
Mr. Alan D. Ratliff
City Manager
City of Coppell
Coppell, Texas
Dear Mr. Ratliff:
Attached is a descript~o~n of an easement for sanitary sewer
that is no longer bein~3~s~u ~ City services. By this letter I
am requesting''~t of)this easement. The purpose of the
easement= ~ee~--p~'~/~ utility work associated with the
extensio~of Heartz~
Th~k ~ processing this request at your earliest
convenience.
Sincerely, ·
'Harry M.~argrave,?Trustee
Parks of.~oppell Trust
HMH/mls
Enclosure
cc: Gary Seib
UTILITY EASEMENT
TO BE ABANDONED
BEING the centerline of a 20 foot wide strip of land
situated in the S. A. & M. G. R. R. Survey, Abstract No. 1430
in the City of Coppell, Dallas County, Texas and being part
of a tract described as Tract A-3 to M. Douglas Adkins, Trustee
by deed from Good Financial Corporation, Trustee, dated September
27, 1976 and recorded in Volume 76188, Page 2355, Deed Records,
Dallas County, Texas, said centerline being more particularly
described as follows:
BEGINNING at a point on the east line of said Adkins Tract,
and being the east line of the said S. A. & M. G. R. R. Survey,
said point also being N. 1"22'49" W., 626.7 feet from the
southeast corner of the said Adkins Tract A-3;
THENCE S. 1"22'49" E., 249.1 feet with the east line of
the said Adkins Tract to a point for corner;
THENCE S. 17"50'11" W., 340.93 feet to a point for corner;
THENCE S. 27"45'11" W., 65.00 feet to the end of said
centerline and containing 0.30 acres of land.
April 19,1991
~0. 91-018
' I
SM ~IOY i AKE'
16250 OALLAS PARKWAy SUITE I00
(~'14) 951-0694 DALLAS , TEXAS, ?5248
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~/2~30
AN ORDINANCE OF '£~ CITY OF COPPELL, TEXAS, ABANDONING A
SANITARY SEWER EASEMENT WHICH IS NO LONGER NECESSARY FOR CITY
SERVICES; PROVIDING THAT SUCH ABANDONMENT SHALL BE THE INTEI~EST
WHICH THE CITY MAY LEGA?.?.Y AND LAW~'uLLY ABANDON; PROVIDING THAT
SAID ORDINANCE SH~T.T. CONSTITUTE A QUITCLAIM DEED TI{AT MAY BE
RECORDED WITH '.l.'t.t~ COUNTY CLERK OF DAT.T.AS COUNTY, TEXAS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the city of Coppell finds that
the following sanitary sewer easement is no longer needed for City
services; and
W~/~REAS, the abutting property owner desires that said utility
easement be abandoned and in consideration thereof has dedicated to
the City of Coppell, Texas, an additional sanitary sewer easement
which is needed by the City for public purposes; and
W~F~2%S, a proper appraisal has been conducted insuring that
the exchange of easements is of equal and fair market value;
NOW, THRREFORE:
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL,
TEXAS:
SECTION 1. The hereinafter described sanitary sewer
easement is no longer needed or necessary for public purposes and
should be, and is hereby, abandoned in favor of the Parks of
Coppell Trust, the abutting property owner. The utility easement
hereby abandoned is described as follows:
BEING the centerline of a 20 foot wide strip of land
situated in the S. A. & M. G. R. R. Survey, Abstract No. 1430
in the City of Coppell, Dallas County, Texas and being part of
a tract described as Tract A-3 to M. Douglas Adkins, Trustee
by deed from Good Financial Corporation, Trustee, dated
September 17, 1976 and recorded in Volume 76188, Page 2355,
Deed Records, Dallas County, Texas, said centerline being more
particularly described as follows:
BEGINNING at a point on the east line of said Adkins
Tract, and being the east line of the said S. A. & M. G. R. R.
Survey, said point also being N. 1°22'49'' W., 626.7 feet from
the southeast corner of the said Adkins Tract A-3;
'£~n~NCE S. 1°22'49'' E., 249.1 feet with the east line of
the said Adkins Tract to a point for corner;
THENCE S. 17°50'11'' W., 340.93 feet for a point for
corner;
THENCE S. 27°45'11'' W., 65.00 feet to the end of said
centerline and containing 0.30 acres of land.
SECTION 2.
Quitclaim Deed
property owner,
the Deed Records
abandonment.
SECTION 3.
This abandonment ordinance shall constitute a
in favor of Parks of Coppell Trust, the abutting
and a certified copy of the same may be filed in
of Dallas County, Texas, to indicate such
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 sanitary sewer easement,
and shall be construed to extend only to such interests that the
the City of Coppell, Texas, may legally and
governing body of
lawfully abandon.
SECTION 4.
The fact that the above-described sanitary
sewer easement is no longer needed or necessary for public purposes
and that such sanitary sewer easement should be abandoned in favor
of the abutting property owner or owners, creates an urgency and an
emergency in the preservation of the public health, safety and
welfare, and requires that this ordinance shall take effect
immediately from and after its passage, as the law in such cases
provide.
DULY PASSED by the C~f the city of coppell, Texas
on the ~Z~ day of _~~/~/' 1991.
APPROVED:
MAYOR
ATTEST:
CITY SECRET
APPROVED AS TO FORM:
CITY ATTORNEY
(BAS/jd 9-17-91)
C) COPPELL HISTORIC DISTRICT
There was no report at this time.
D) DCAD
There was no report at this time.
E) ECONOMIC AND BUSINESS DEVELOPMENT BOARD
There was no report at this time.
F) FINANCE
There was no report at this time.
G) LIBRARY
There was no report at this time.
H) METROCREST RED RIBBON CAMPAIGN COMMITTEE (DRUG AWARENESS)
The Red Ribbon Campaign for drug prevention kick off is October
23. Everyone is asked to wear red that day and give their support.
I) MUD ABSORPTION
There was no report at this time.
J) NCTCOG
There was no report at this time.
K) PARK
Signage will be addressed at the next Park Board meeting on October
7, 1991.
L) RECYCLING COMMITTEE
There was no report at this time.
M) SCHOOL
There was no report at this time.
CONSENT AGENDA
Item 28 A.
Ce
De
Consideration of approving three (3) drainage
easements and two (2) sanitary sewer easement
dedication documents, regarding Heartz Road
Improvements, by the ABQ Federal Savings Bank and
authorizing the Mayor to sign.
Consideration of approving an Escrow Agreement with
Pulte Homes of Texas for street assessment in the
amount of $72,900 for Coppell Road, and authorizing
the Mayor to sign.
Consideration of approving a resolution supporting
the Traffic Light Synchronization program and
authorizing the Mayor to sign.
Consideration to award bid for an annual contraot
for cold lay asphalt material to Vulcan Materiale'
Company.
CCM092491 :.
Page 9 of 11
Consideration for awarding a bid for the repair of
Subgrade Failures to Westhill Terrace, Inc., for a
total not to exceed $92,785.00.
Fe
Consideration to award bid for an annual contract
for crushed or broken aggregate material to Marock,
Inc.
Consideration for awarding a bid for an annual
contract for the purchase of sign material to
Sargent Sowell, Roadrunner Traffic Supply, Price
Barricade and Signal Company, Inc., Highway Signs
and Paint.
Consideration to award bid for an annual contract
for hot mix asphalt material to Reynolds Asphalt.
Consideration of an ordinance abandoning a sanitary
sewer easement no longer necessary for City
services, generally located at the northwest corner
of Sandy Lake Road and Heartz Road, and authorizing
the Mayor to sign.
Councilman Weaver requested Item A be pulled from the Consent
Agenda. Mayor Pro Tem Smothermon moved to approve Items 28 B
through 28 I with 28 C carrying Resolution $092491.3, and 28 I
carrying Ordinance $ 91530. Councilman Morton seconded the motion.
The motion carried with Mayor Pro Tem Smothermon and Councilmen
Weaver, Morton, Cowman, Thomas and Nelson voting in favor of the
motion. Mayor Pro Tem Smothermon moved to decline Item 28 A.
Councilman Morton seconded the motion; motion carried 6-0 with
Mayor Pro Tem Smothermon and Councilmen Weaver, Morton, Cowman,
Thomas and Nelson voting in favor of denying the motion.
EXECUTIVE SESSION (Closed to the Public)
Item 5-ES A.
Article 6252-17, Section 2 (f), discussion
concerning the negotiating position of the city
with respect to agreements involving interests in
land and the value of real property.
1. Contract for Real Estate
2. Easements - Grapevine Springs Sewer Line, Fire
Station Site
Article 6252-17, Section 2 (g), discussion
concerning personnel.
1. Personnel.
Article 6252-17, Section 2 (e, Senate Concurrent
Resolution Number 83, discussion with City Attorney
concerning matter involving privileged
communications between attorney and client.
The City Council convened into Executive Session at i1:43 p.m. on
Tuesday, September 24, 1991 as allows under the above stated
article. Mayor Wolfe adjourned the Executive Session at 12:28 p.m.
There being no further business to come before the Council, the
meeting was adjourned.
Mark Wolfe, Mayor
CCM092491
Page 10 of 11