Rozas Addn-AG050111COPPELL
AGENDA REQUEST FORM
DEPT: Engineering Department
DATE: January 11, 2005
ITEM #: 9/D
ITEM CAPTION:
Consider approval of an ordinance abandoning a utility easement in exchange for an alternate utility easement
located in the Rozas Addition; and authorizing the Mayor to sign.
APPROVED BY
CITY COUNCIL
ON ABOVE DATE
GOAL(S):
IIII
Motion to Approve
Ord. # 2005-1092
V1 - Faught
~ - Suhy
EXECUTIVE SUMMARY:
Approval of this item will allow the abandonment of the existing utility easement in exchange for a slightly larger
utility easement in a different location to help facilitate the development of the property.
Staff recommends approval of the ordinance and will be available to answer any questions at the Council meeting.
FINANCIAL COMMENTS:
Agenda Req - 0~0 ~
Document Name: #RozasAdditionOrd
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 utility easement in exchange
for an alternate utility easement located in the Rozas Addition; and authorizing
the Mayor to sign.
This request is to abandon an existing utility easement within thc Rozas Addition, which was
approved by City Council during thc November 9, 2004 Council Meeting.
Thc City of Coppell acquired this easement in 1994 with the intention of constructing a sanitary
sewer linc across this property to relieve a sewer linc in Moore Road that was identified in our
sewer master plan as being undersized.
The developer of this property has dedicated by plat a parallel utility easement that contains
slightly more land area than the easement to be abandoned. Thc developer is also being required
to construct the portion of sewer line that will be within the newly dedicated easement.
Staff recommends approval of this agenda item. Abandonment of this easement and dedication
of a new easement will allow the construction of the sewer line that was proposed when we
acquired this easement. Because the easements are similar in size, the city is not requesting any
compensation for this abandonment.
Staff will be available to ans~ver any questions at the Council meeting.
"CITY OF COPPELL ENGINEERING - EXCELLENCE BY DESIGN"
$15.00 Deed
$0~70~
02/0~/0~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS,
ABANDONING A 20 FOOT UTILITY EASEMENT, AS DESCRIBED
IN EXHIBIT "A" ATTACHED HERETO, IN FAVOR OF THE
ABUTTING PROPERTY OWNERS; 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
acceptance and relocation of public utilities has rendered the location of the utility easement
described in Exhibit "A" attached hereto, to be an incorrect alignment for the construction
of utility improvements; and
WHEREAS, the abutting property owner desires that said utility easement be
abandoned and in consideration thereof has dedicated to the City of Coppell, Texas, a 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 the acceptance and relocation of public utilities has rendered the utility
easement described in Exhibit "A", attached hereto and made a part hereof for all purposes,
to no longer be 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 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
utility 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.
03392
PASSED by the City Council of the City of Coppell, Texas, this the ~ ~}t.~
~l~ULY
day ~005.
DOUGL'~(S N. sT~vE1L MAYOR
ATTEST:
ROBE~TTORNEY
~ zoo~026 ~]3393
PAGE 1 of 2
EXHIBIT 'A"
20' UTILITY EASEMENT
ABANDONMENT
BEING a tract of land situated in the S.M. Hiatt Survey, Abstract No. 638, City of Coppell, Dallas
County, Texas, being a part of that same tract of land as described in deed to Rozas Properties, Ltd.
recorded in Votume 2003161, Page 1716 of the Deed Records of Dallas County, Texas (DRDCT),
and being all of that 20 foot wide Utility Easement as described by instrument recorded in Volume
94154, Page 716 DRDCT, and being more particularly described as follows:
BEGINNING at a 5/8-inch iron rod set with plastic cap stamped "Sparr Surveys" in the north line of
Sandy Lake Road (80 foot right-of-way), at the southeast corner of said Rozas Properties tract,
same being the southwest corner of Sandy Lake Addition, an addition to the City of Coppell,
according to the plat thereof recorded in Volume 91054, Page 1044 DRDCT;
THENCE S 89°18'18" W, along the north line of said Sandy Lake Road, 20.00 feet;
THENCE N 00°04'11" E, departing the north line of said Sandy Lake Road, at all times remaining
20.00 feet west of and parallel to the east line of said Rozas Properties tract, 224.45 feet to a point
in the south line of Austin Place, an addition to the City of Coppell, according to the plat thereof
recorded in Volume 96151, Page 1426 DRDCT;
THENCE N 89020'55'' E, along the south line of said Austin Place, 20.00 feet to a 5/8-inch iron rod
found at the southeast corner of said Austin Place and lying in the west line of said Sandy Lake
Addition;
THENCE S 00°04'11" W, along the west line of said Sandy Lake Addition, 224.43 feet to the
POINT of BEGINNING and CONTAINING 4,489 square feet of land.
,art Surveys
~3 CounWRoad 722
:Kinney, TX 75069
Z14) 544-2297
zoo, O 2 6 0.3 3 9i,,
'4*
BEARINGS ESTABLISHED BY ASSUMING
N 89'20'55" E ALONG THE SOUTH LINE
OF AUS~N PLACE.
Austin Place
20 Drainage &~ ~, ~ ~
Utility Easemenf.~ \ ~ ~
Lot ~ Vol. 94154, Pg. 708 ~ ~
Lot 1, Black A
Roza$ Addition
Razes Properties, Ltd
Vol. B003161, Pg. 1716
Future
20' Utffity
Easement
SIR..__~ $ 89~8~8' w
SANDY LAKE ROAD
(Variable R.O.
5' Utility Easement
Vol. 94154. Pg. 708
DRDCT
Scale I" = 40'
Oate 11-12-2004
uae No.: 16741
DWG FIL~: E~$TABANDO~
PAGE 2 OF 2
Sandy Lake Addition
Vol. 91054, Pg. 1044
DRDCT
I I
190.1~' ~POINT OF
[BEGINNING
Sparr Surveys
2555 C.R. 722
McKinney. Texas 75069
(214) 544.-2297
z00502 6 033~