Cowboy Creek-AG041118AGENDA REQUEST FORM
'cOPFELL
DEPT: Engineering Department
DATE: May 11, 2004 7&,
ITEM #: 14/C
ITEM CAPTION:
Consider approval of an ordinance abandoning a 50-foot wide construction easement across portions of Tracts
3.2, 3.3 and 5 of the B.B.B. and C.R.R. Survey, Abstract 1772 (northeast comer of S.H. 121 and Coppell Rd.) in
favor of the property owners of record of the real property; and authorizing the Mayor to sign.
GOAL(S):
EXECUTIVE SUMMARY:
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
Motion to Approve
Ord. Ct 2004-1074
M - Suhy
S - Peters
Vote - 7-0
Because the City of Coppell no longer has a need to retain the 50-foot wide construction easement, staff
recommends approval of this ordinance abandoning it.
Staff will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
t\
Agenda Request Form - Revised 02/04
Document Name: #Abandonments H 12I-IAG
MEMORANDUM
FROM THE
DEPARTMENT OF ENGINEERING
To:
From:
Date:
RE:
Mayor and City Council
Kenneth M. Griffin, P.E., Director of Engineering/Public Works
May 11, 2004
Consider approval of an ordinance abandoning a 50-foot wide construction
easement across portions of Tracts 3.2, 3.3 and 5 of the B.B.B. and C.R.R. Survey,
Abstract 1772 (northeast corner of S.H. 121 and Coppell Rd.) in favor of the
property owners of record of the real property; and authorizing the Mayor to sign.
In 1979, the City of Coppell obtained a 20-foot wide easement for the installation of a sanitary
sewer line. The legal description for the easement, which was filed in Volume 79074, Page 0047
in 1979, also contained a description of a 50-foot wide construction easement. Typically
construction easements are temporary in nature and are only necessary for the length of
construction time. In this particular case, the construction easement was file of record with the
permanent easement. The City of Coppell no longer has need of, or desire to retain the 50-foot
wide construction easement.
The property owner has approached the city about abandoning our rights to that construction
easement. The original document from 1979 reads as though the entire permanent and
construction easement was obtained from the Stanton tract. The Stanton tract is currently in the
development process being platted as Cowboy Creek Addition. In reviewing the boundary survey
and the abstract maps, it's my opinion that the easement not only pertains to the Stanton tract, but
a portion of the construction easement also is on the tracts to the north, which are tracts 3.2 and
3.3. owned by Rebecca Ann Adams. The intent of this ordinance is to abandon the entire 50-foot
wide construction easement to the real property owners, whomever they may be.
The City of Coppell supports the abandonment of the 50-foot construction easement and will be
available to answer any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
NDM
NATHAN D. MAIER
CONSULTING ENGINEERS, INC.
April 2, 2004
Mr. Keith Marvin, P.E.
City of Coppell
255 Parkway Blvd.
P. O. Box 9478
Coppell, TX 75019
Re;
Proposed Cowboy Creek Addition
NDMCE Job No. 04-01-008
Dear Mr. Marvin:
Attached is a boundary survey of the above referenced property and a copy of a utility easement
dedicated to the City of Coppell in 1979. The easement was dedicated to accommodate the
installation of a sanitary sewer line that now appears to be in place.
The easement dedicated a permanent strip 20 feet in width and a 50 foot wide strip for a
construction easement.
The construction easement should no longer be needed, but them was no mechanism in the
document to release that part of the easement.
Please accept this letter as a request to formally release the temporary portion of this easement.
Thanks you for your attention to this matter. Please let me know if you need any additional
information.
Sincerely,
NATHAN D. MAIER
Mike Daniel
MD/mg
cc: Trey DeLoach
Two NorthPark ] 8080 Park Lane / Suite 600 / Dallas, Texas 15231 / (214) 739-4741
$17.00 Deed
4942628
11/18/04
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
O IN^NCE NO. ZOO4
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A FIFTY FOOT WIDE CONSTRUCTION
EASEMENT ACROSS PORTIONS OF TRACT 3.2, 3.3 AND 5 OF
THE B.B.B. AND C.R.R. SURVEY, ABSTRACT 1772 AS
RECORDED IN VOLUME 79074, PAGE 0047, AND MORE
PARTICUL.MIY DESCRIBED IN EXHIBITS "A' AND "B"
ATTACHED HERETO IN FAVOR OF THE PROPERTY OWNERS
OF RECORD OF THE REAL PROPERTY; PROVIDING THAT
SUCH ABANDONMENT SHALL BE IN THE INTEREST WHICH
THE CITY MAY LEGALLY AND LAWFULLY ABANDON;
PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A
QUITCLAIM DEED THAT MAY BE RECORDED '~VITH 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
construction easement located on Tracts 3.2, 3.3 and 5 of the BBB. and C.R.R. Survey,
Abstract 1772, and more particularly described in Exhibits "A" and "B" attached hereto, is
no longer needed for city services; and
WHEREAS, the owners of the real property desires that said construction easement
be abandoned;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF COPPELL, TEXAS:
SECTION 1. That the City Council of the City of Coppell, Texas has
determined that the construction easement located on Tracts 3.2, 3.3 and 5 of the BB.B. and
C.R.R. Survey, Abstract 1772, 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
the purposes of which it was dedicated and should be, and is hereby, abandoned in favor of
the real property owners.
SECTION 2. That this abandonment ordinance shall constitute a Quitclaim
Deed in favor of the real property owners, and a certified copy of the same may be filed in
the Deed Records of Dallas County, Texas, to indicate such abandonment.
, u, 12350
SECTION 3. 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
construction 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 4. That this ordinance shall become effective from and after its
passage as the law and charter in such case provide.
day of~,~2004.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
ATTEST:
~L~Y SECRETARY
ROBERT E. HAGER, CI~ATTORNEY
2351
TIlE STATE OF 'tEXAS
K~Oi'N ALL NEN ¥ THESE PRE~EIC1"S;
[3~JJ~i'~' OF D,M~.ULS 02a2
THAT 1, Texas American Bank, Trustee of Dallas County, Texas, in
consideration of the su~ of One and no/lO0 Dollars {$1.00) and other good
and valuable consideration in hand paid by City of Coppell, Te_xa~, receipt
of which is hereby acknowledged, do by these presents grant, b~rgatn, sell
and convey untO City of Coppell, Texas, the free and uninterrupted use,
liberty an~ privilege cf the passage in, along, upon and across the following
described property o~ned by me for the purpose of constructing and maintaining
a uttll~ easement. Said property being situated in Dallas C~unty, Texas, and
being described as follows:
Being a centerltne description for a 20 feet width permanent easement an~ a
baseline description for a 50 feet width construction easement (of which a 30
feat wide strip ts on the South side of the per~ent easement) across a 7.2
acre tract of land in Oallas Cm~nty, Te.~s, situated in the B.B.B.
Survey, Abstract 17'/2, said tract conveyed to Heitha Raye Steton, et al by
d~d from Sa~el L. Tinct, and wife, Ikernadere Tinct, dated May gi, lg7B and
recorded tn Volu~e 76100, Page 23Ig of t~e ~lles County Deed Records, said
centerline being more fully described as follows:
BEGINNING
at a point in the East line of said StetOn tract, said point
being South - lO f~et fro-n the Northeast corner of said
Stethn tract;
ltRENCE:
N 67°30'W - 640 fe~t to a point in the East line of State
Highway 121, said permanent easement containing 0.29 acres
of lend more or less.
A~d it is further ag~'eed that the City of Coppell, Texas, in con-
sideration of thb benefits above set out, rill re~eve fro~ the property above
described, such fences, buildings and other obstructions as may now be found
upon said property. For the pur1~3se of constrocting end maintaining any utility,
including, but not limited to sewer mains, water mains, in, along, upon and
across said premises, with the right end privilege at all times of the grantee
herein, its agents, employe~s, workmen and representatives having ingress,
egress, and regress in, along, upon and across said pre~ises for the purpose of
constructing, making additions t~, t~prove~ents on and repotrs t~ the said
utility or any part thereof,
TO HAVE AND TO HOLD unto the said City o~.~Coppell, Texas, as afore-
said for the purl~oses aforesaid the.~lp~enises
/Texas ~oerican Bank, Trustee
t VOL"--"PAGE
EXHIBIT 'A'
Page ! of 2
CO~ORAT£ A ¢lCN'O gl. L'D6~E~ff
THE ST~'r[ OF T~
~Uh'TY OF (I~..LA~
B[FOP~ ME, the undersigned authority, in and for sM~.~unt4, Texa~,
on this d~ ~monally aphid ..~o~r ~ ~7~o~
~ ~ ~ ~ the pe~on who~e n~ ts subscrt~d ~ ~e fo~go(ng tnstr~nt
~nd ac~l~g~ ~ ~ that ~e s~ w~ ~e set of the said ~
B~K, ~US~E, ~ corporation, and that he execu~d ~e sa~ as tbs act
co~atlon-fo~ t~ p~$es and ~n~lderatlon t~tn exp~s$~
:~ GIVEN ~D~R ~ ~O ~O S~ OF OFFICE thls t~ ~
Public ballms Count,
: VOL - PAGE
EXHIBIT
Page 2 of
,,~m~22q. i 235~
.... 0.. 1EXAS