ST8804-AG 910924 AGENDA RE? UEST FORM
CITY COUNCIL MEIiTING September Z4, 99 ITEM NUMBER ~
ITEM CAPTION: ~
Consideratiom~ of an (~rHn~nce abandoning a sanitar~ sewer ent ~ 1~ nece~ f~
City ~ces, gen~ l~at~ at the n~hwest c~ of ~ ~ke R~d ~ He~z ~d,
~d auth~z~ ~e ~ to si~ [ /
STAFF REP.: Gary L. Sieb, p]~..inE Directs'
OTHER REP.:
DATE:
This request fmc abandonment of a twenty foot wide sanitary sewer easement is precipitated
by the fact that it is no longer needed for service. With the construction of Heartz Road, and
the coustruction of a new ~nltary sewer which serves the same area, abandonment of the
requested easement 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 for
Cooncil's information.
BUDGET AMT.
AMT +/- BUDGET
N/A
FINANCIAL REVIEW BY ~
LEGAL REVIEW BY:
PARKS OF COPPELL TRUST
C/O HARRY M. HARGRAVE, 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 description of an easement for sanitary sewer
that is no longer being used for City services. By this letter I
am requesting an abandonment of this easement. The purpose of the
easement has been replaced via utility work associated with the
extension of Heartz Road.
Thank you
convenience.
for processing this request at your earliest
Sincerely,
Harry M.~,argrave,.~Trustee
Parks of~Coppell 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. l°22'49'' W., 626.7 feet from the
southeast corner of the said Adkins Tract A-3;
THENCE S. l°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
PO/,4/T O~c' ~'£$1NNI~I~ ~
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CITY
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AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF '£~ CITY OF COPPELL, TEXAS, ABANDONING A
SANITARY SEWER EASEMENT WHICH IS NO LONGER NECESSARY FOR CITY
SERVICES; PROVIDING T~AT SUCH ABANDONMENT SHAT.?. BE THE INTEREST
WHICH THE CITY MAY LEGALLy AND LAWFULLY ABANDON; PROVIDING THAT
SAID ORDINANCE SHATW. CONSTITUTE A QUITCLAIM DEED THAT MAY BE
RECORDED WITH T~ COUNTY Cr.RRK OF D~?~%S COUNTY, TEXAS; AND
PROVIDING AN EFFECT/VE 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
WHEREAS, 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}tKW~F~%S, a proper appraisal has been conducted insuring that
the exchange of easements is of equal and fair market value;
NOW, T~]~KEFORE:
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;
· £~NCE S. 1'22'49" E., 249.1 feet with the east line of
the said Adkins Tract to a point for corner;
T~R~CE 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. This abandonment ordinance shall constitute a
Quitclaim Deed in favor of Parks of Coppell Trust, the abutting
property owner, and a certified copy of the same may be filed in
of Dallas County, Texas, to indicate such
the Deed Records
abandonment.
SECTION 3.
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
governing body of the City of Coppell, Texas, may legally and
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 City Council of the City of Coppell, Texas
on the day of , 1991.
APPROVED:
MAYOR
ATTEST:
APPROVED AS TO FORM:
CITY SECRETARY
CITY ATTORNEY
(sas/jd 9-17-91)