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Hidden Valley-AG050111COl'FELL AGENDA REQUEST FORM DEPT: Engineering Department DATE: January 11, 2005 ITEM #: 9/C ITEM CAPTION: Consider approval of an ordinance abandoning a sanitary sewer easement located in Hidden Valley Addition; and authorizing the Mayor to sign. GOAL(S): APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 2005-1091 M - Faught S - Suhy ~/ote - 6-0 ,,~ ' ;'~°'I~ l'unnell absen ..,~0~0 ' EXECUTIVE SUMMARY: Approval of this item will allow the abandonment of an existing utility easement and allow the developer to create more usable space on two lots within the subdivision. Staff recommends approval of the ordinance abandoning the sanitary sewer easement and will be available to answer any questions at the Council meeting. FINANCIAL COMMENTS: Agenda Rel~uest Form- Revised 09~4 ?~/ '5 MEMORANDUM FROM THE DEPARTMENT OF ENGINEERING To-' From: Date: RE: Mayor and City Council Keith R. Marvin, P.E., Civil Engineer January 11, 2005 Consider approval of an ordinance abandoning a sanitary sewer easement in Hidden Valley Addition; and authorizing the Mayor to sign. This abandonment request is for a sanitary sewer easement within the Hidden Valley subdivision which was approved by City Council during the March 9, 2004 Council Meeting. The developer of this property is relocating a portion of the existing sanitary sewer line in order to create mom usable space on two lots within the subdivision. The developer dedicated approximately 74,275 square feet of public right-of-way and 10,050 square feet of new utility easement with the Hidden Valley Addition plat. Also, the developer, at his expense, is constructing a new sewer line within the dedicated public right-of-way and a portion of the new utility easement. With this relocation, the city no longer has a need for the existing easement. The easement was dedicated to the city in 1981 for the sole purpose of the sanitary sewer line. The easement to be abandoned contains approximately 20,650 square feet of land. Staff recommends approval of this agenda item. The value of the right-of-way and easement dedicated by the developer far exceeds the value of the easement to be abandoned. Therefore, the city is not requesting any compensation for this abandonment. Staff will be available to answer any questions at the Council meeting. "CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN" AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A SANITARY SEWER EASEMENT IN HIDDEN VALLEY ADDITION, AS DESCRIBED IN EXHIBITS "A" AND "B" ATTACHED HERETO, IN FAVOR OF THE ABUTTING PROPERTY OWNERS; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN EXCHANGE FOR THE DEDICATION OF PUBLIC RIGHT-OF-WAY AND A UTILITY EASEMENT; 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 WITH 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 location of the utility easement described in Exhibits "A" and "B" attached hereto, is not in the correct alignment for the construction of utility improvements; and WHEREAS, the abutting property owner desires that said sanitary sewer easement be abandoned and in consideration thereof has dedicated to the City of Coppell, Texas, 74,275 square feet of public right-of-way and 10,050 square feet of utility easement in the correct location; and 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 sanitary sewer easement described in Exhibits "A" and "B", attached hereto and made a part hereof for all purposes, is no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the abutting property owner. SECTION 2. That this abandonment ordinance shall constitute a Quitclaim Deed in favor of the abutting property owner, and a certified copy of the same may be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. SECTION 3. That the City Manager or his designee shall, at the appropriate time, file this ordinance as provided herein. SECTION 4. That the abandonment provided for herein shall extend only to the public fight, title and interest xvhich 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 governing body of the City of Coppell, Texas, may legally and lawfully abandon. SECTION 5. That this ordinance shall become effective from and after its passage as the law and charter in such case provide. ,t,J~.~LY PAS,SED by the City Council of the City of Coppell, Texas, this the ~ day o~i~!005. ~. IJOL'~GLAS ~4. STOVER, MAYOR ATTEST: L~B~ BALL,~T;/SECRETARY ROBERT E. HAGEP-~Y~TTORNEY 2 SANITARY SEWER EASEMENT ABANDONMENT BEING a tract of land located in the EDWARD A. CROW SURVEY, ABSTRACT NO. 301, Coppell, Dallas County, Texas and being a part of a tract of land described in deed to David A. Phillips, recorded in Volume 77014, Page 827, Deed Records, Dallas County, Texas and being all of a Sanitary Sewer Easement, recorded in Volume 81052, Page 3117, Deed Records, Dallas County, Texas and being more particularly described as follows: COMMENCING at a 5/8 inch iron rod with a red plastic cap stamped "KHA" found in the North line of FIFTH SECTION-NORTH LAKE WOODLANDS, an Addition to the City of Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 78238, Page 2025, Map Records, Dallas County, Texas, said point being South 00 degrees 09 minutes 27 seconds West, (Basis of bearing derived from Geodetic North (WGS 84) as established by CPS observations), a distance of 349.88 feet from a found 5/8 inch iron rod with a red plastic cap stamped "KHA' found in the South line of PHILLIPS ADDITION, an Addition to the city of Coppell, Dallas County, Texas according to the Plat thereof recorded in Volume 78238, Page 2025, Map Records, Dallas County, Texas; THENCE South 89 degrees 20 minutes 47 seconds East, along the North line of said FIFTH SECTION-NORTH LAKE WOODLANDS ADDITION, a distance of 229.54 feet to a point for comer at the POINT OF BEGINNING of the tract herein described; THENCE North 01 degrees 53 minutes 47 seconds West, a distance of 386.35 feet to a point for comer; THENCE North 89 degrees 20 minutes 47 seconds West, a distance of 182.32 feet to a point at the most Easterly Northeast comer of said PHILLIPS ADDITION and at the beginning of a non- tangent curve to the right having a central angle of 33 degrees 29 minutes 27 seconds, a radius of 155.63 feet, and a chord bearing and distance of North 73 degrees 09 minutes 23 seconds West, 89.68 feet; THENCE Westerly, along the Northeasterly line of said PHILLIPS ADDITION and said curve to the right, an arc distance of 90.97 feet to a point for comer; THENCE South 89 degrees 20 minutes 47 seconds East, a distance of 544.20 feet to a point for comer; THENCE South 00 degrees 39 minutes 13 seconds West, a distance of 25.00 feet to a point for comer; THENCE North 89 degrees 20 minutes 47 seconds West, a distance of 255.74 feet to a point for comer; THENCE South 01 degrees 53 minutes 47 seconds East, a distance of 386.35 feet to a point for comer in the North line of said FIFTH SECTION-NORTH LAKE WOODLANDS ADDITION; THENCE North 89 degrees 20 minutes 47 seconds West, a distance of 20.02 feet the POINT OF BEGINNING and containing 0.474 acres of land, more or less. S:\Data~2003\03-042\03042ESMT03 doc 2/24/04 Page 1 of 2 VICINITY MAP NOT TO SCALE LINE TABLE LINE LENGTH BEARING L1 549.88' SO0'09'2T'w L2 229.54' S89'20'4T'E L3 586.35' NO1'55'4T'w L4 182.52' N89'20'47"W L5 544.20' S89'20'4T'E L6 25.00' S00'39'15"W L7 255.74' N89'20'4T'w L8 586.55' S01'55'47"E L9 20.02' N89'20'4T'w PHILLIPS ADDITION VOL. 8,.3222 PG. 2164 M.R.D.C.T. PHILLIPS VOL. 81052, PG. 2191 M.R.D.C.T. LEGEND ~:XHIBIT B D.R.D.C.T, = <CM> = IRF = D.R.D.C.T. M.R.D,C,T. = · = ® = DEED RECORDS, DALLAS COUNTY, TEXAS CONTROL MONUMENT IRON ROD FOUND DEED RECORDS, DALLAS COUNTY, ~XAS MAP RECORDS, DALLAS COUNTY, TEXAS POINT FOR CORNER 5/8" IRON ROD FOUND ~TH A RED PLAS~C CAP STAMPED "KHA" t CURVE TABLE URVEILENGTHIRAolusl OELTA I CBORD C1 190.97'1155.65 , 135'29'27" I N75'09'25" 89.68' I~ SlX~ SECTION NORTI~ LAKE WOODLANDS ADDlllON ~VOL. 79119, PG. 1897 m M.R.D.C.T. SANITARY SEWER EASEMENT VOL. 81052, PO. L5 L4 FIRST BAP~ST CHURCH OF COPPELL VOL. 72014, PG. 1026 PART OF A CALLED 8.049 ACRE DASD A. PHILLIPS VOL. 77014, PG. 827 D.R.D.C.% o ~o .o ~o POINT OF,~.. - - - COMMENCING~, m m ~ <CM> L2 FIFTH DAV1D A. PHILLIPS VOL 77014, PG. 827 D.R.D.C.T. PROPOSED HIDDEN VALLEY ADDlllON SANITARY SEWER EASEMENT ABANDONMENT 0.~-74 ACRES OF LAND EDWARD A. CROW SURVEY, ABSTRACT NO. .301 CITY OF COPPELL, DALLAS COUNTY, TEXAS NOTE: BASIS OF BEARING DERIVED FROM GEODETIC NORTH (WGS 84) AS ESTABLISHED BY GPS OBSERVATIONS. DOWDEY, ANDERSON & ASSOCIATES, INC. Scan Shropshire Registered Professional .Land Surveyor No. 5674 2/24/04 Page 2 of 2 03042ESMT03