Braewood-AG 940111Consideration and approval of an Ordinance abandonin~ the north tree (]~l~li~g~ f~
water easement on the south side of Lot 5, Block H, ~econd ~ We~t Addition.~
SUBMITTED BY:
EVALUATION OF ITEM:
See attached memo.
STAFF REP.:
OTHER REP.:
DATE:
City Engineer
January 3, 1994
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To-'
From:
RE:
Date:
MEMORANDUM
Mayor and City Council
Kenneth M. Griffin, P.E., City Engineer ~
Consideration of abandoning the north one (1) foot of an existing 7.5 foot water
easement on the south side of Lot 5, Block H, Second Revised Braewood West
Addition.
December 21, 1993
The City of Coppell has been approached by the owner of Lot 5, Block H of the Second
Revised Braewood West Subdivision, Mr. Greg Crowder, requesting that the City abandon
one foot of the existing 7.5 foot water easement on the south side of his property. This
property is located at 141 Edgewood Drive.
In early 1980 the house was constructed approximately one foot into the existing 7.5 foot
water easement. Mr. Crowder is in the process of trying to sell the property and has
requested that the City abandon the portion of the easement that is encroached upon by his
house so that there will be no problems at the closing of the property in late January.
I have contacted GTE, Lone Star Gas, TU Electric and Paragon Cable concerning whether
or not they have any utilities in this water easement. All the franchise utility companies
have responded that they do not have any utilities in the water easement. I have also been
in contact with our Water Superintendent, who has verified that the reduction in the
easement by one foot will not hamper the ability to access the existing water line. It is also
quite obvious that the City cannot utilize the existing one foot since it has a structure on
it.
The City offers no objection to the abandonment of the north one foot of the existing water
easement on the south side of Lot 5, Block H and will be available to answer any questions
at the Council meeting.
KG:kb
DENTON
TAP
ROAD
LOT 5, BLOCK H
BRAE_WOOD WE.ST
8RAEWOOD WEST
TO ALL PAITtES fNTEEESTED ~N I)~I~MISE$ SU~VE'YED ~
Community Pane[ Numbe i 4801
the log year flood
THE NORTH 1 FOOT TO BE ABANDONED,'
~ O'/~LLE¥
Nor TO SCALE
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70'
EXHIBIT B
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPEi f~ TEXAS, ABANDOI~NG
A PORTION OF A WATER ! JNE EASEMENT ON LOT 5, BLOCK H,
SECOND REVISED BRAEWOOD WEST, AN ADDITION TO THE CITY
OF COPPELL, DALLAS COUNTY, TEXAS, PROVIDING THAT SUCH
ABANDONMENT SHALL BE IN FAVOR OF THE AB~G
PROPERTY OWNER OWNING THE UNDERLYING FEE SIMPLE;
PROVIDING THAT SUCH ABANDONMENT SHAT,T, BE THE
INTEREST THE CITY MAY LEGAI J.Y AND LAWFULLY ABANDON;
PROVIDING THAT SUCH ORDINANCE SHAIJ. CONSTITUTE A
QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY
CLERK OF DALLAS COUNTY, TEXAS; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, has determined that the
City has no further need for the certain portion of the water line easement hereinafter
described; and
WHEREAS, the City Council of the City of Coppell has determined that the interest
of the City and the public therein should be abandoned; and
VfHEREAS, the current owner of the property on which said easement exists desire
that such easement be abandoned; and
WHEREAS, the City has determined that the City and public have no need for such
portion of the water line easement and that the cost of keeping such portion of the water
line easement is in excess of the fair market value of the City's interest in the portion of the
water line easement being abandoned; NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF T~E CITY OF COPPELL,
TEXAS:
SECTION 1.
That the hereinafter described portion of the water line easement within the limits
of the City of Coppell, Texas, is no longer needed or necessary for city or public purposes
and should be abandoned in favor of the current owner of the lot burdened w/th said
easement. The portion being abandoned is as follows:
Being the north (1) foot of the existing 7.5 foot water line easement on the south side
of Lot 5, Block H, Second Revised Braewood West, an Addition to the City of
Coppell, Dallas County, Texas, as shown on the plat thereof recorded in Volume
80153, Page 53, Deed Records, Dallas County, Texas. Said lot also being shown on
the plat attached hereto as Exhibit A and on the survey attached hereto as Exhibit
B, and made a part hereof.
SECTION 2. ' ' '~-'~
The City of Coppell, Texas, hereby abandons all its right, title, and interest in and
to said portion of the easement as above described and abandons, conveys, and relinquishes
all such public interest the City may have in and to said portion of the easement to the
underlying fee simple owner of said lot.
SECTION 3.
That the abandonment of the City's interest in said easement shall constitute a
quitclaim deed in favor of the underlying fee simple owner of said lot and a certified copy
of this ordinance may be filed in the Deed Records of Dallas County, Texas, to indicate
such abandonment.
SECTION 4.
The abandonment provided for herein shall extend only to the public fight title, and
interest of the City of Coppell, Texas, and shall be construed'to extend only to the interest
that the governing body of the City of Coppell, Texas, may legally and lawfully abandon.
SECTION 5.
The provisions of this ordinance are severable, and should any section, paragraph,
sentence, clause or phrase thereof be declared unconstitutional or void, such declaration
shall not effect any of the remaining portions hereof.
SECIION 6.
This ordinance shall take effect immediately from and after its passage as the law in
such cases provides.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
of January, 1994.
day
APPROVED:
MAYOR
AT'FEST:
APPROVED AS TO FORM:
CITY SECRETARY'
C0092-1104