Parkview Addition-AG 900105 ,GENDAr REQUEST FORI
CITY COUNCIL MEETING 1990
ITEM
ITEM C~d~ION: Discussion, consideration of abandonment of a portion of an easement
located at lot 20, block 4 of Parkvliew Addition and authorizing the Mayor to sign.
v- (Dir~'tor~ s Signature)
EVALUATION OF ITEM:
STAFF ~EP..: Dale Jackson, 3uildin~ Official
OTHER REP.:
DATE: December 29, 1989
Westchester Homes began construction of a h6use in October I989. When construction
began~:~ Westchester was aware that the house would encroach approximately 2 feet into
a utility easement in the rear. Westchester~drew up papers for utility companies to
sign !that would abandon the portiomof the e~i~ement that the house would be located on.
All dtility companies have~signed the document exceot for the City. Because the City
provides water and sewer services, l,the City would also be considered a utility company.
There'fore, in order for the easement to be'completely abandoned, the..City of Coppell
would also need to sign off on the abandonment of that portion of the easement.
Attached is a memo from Public W6rk~ stating'.~that t~ey do no~ have any intent to ever
use.that portion of the easement~and do n6t object to abandonment of i~. We have
allowed Westchester to continue with construction of the nouse at thei~ own risk.
Staff recommends approval.
BUD~;ET' AMT. !! i'~
BUDGET:
COPPBLL PUBLIC WORKS
MEMORANDUM
December 1, 1989
To:
From:
Re:
Dale Jackson, Chief Building Official
Howard Pafford, Utilities Superintendent
Affidavit Regarding Utility Easement - Parkview Subdivision
Block 4 Lot 20
Attached you will find a document that has been hand delivered to Public Works. Westchester
Homes has requested that this document be signed by representative from the City along
with representatives from other utility companies in the City of Coppell. As you are aware,
the purpose of the document is to allow the single family dwelling being built on the above
referenced lot to encroach into the easement (as shown on exhibit "A").
Public Works staff members have reviewed these documents, and find that the encroachment
of the home does not conflict the City's use of the easement. Therefore, by virtue of this
memorandum, staff ask that you sign off on this document as the representative of the City.
I have spoken with the Director of Public Works, and he concurs with staff's findings.
If you have any questions regarding this matter, please advise.
HP/yh
cc: Steve Ooram, Director of Public Works
GF#M179700COP TTI FMS
$9..00 ~-~IDAVIT OF UTILITY COMPANI'~
~.'~ ~EGARDING UTILITy EASEMEN~'~
'Date: Octob~~
Property: L~T 20, BLOCK 4/OF PARKVIEW ADDITION, an Addition
to~d~he Ci~of Coppell, Dallas County, Texas,
accor~E-~o the plat recorded in Volume 88081,
%Page 1944, Plat Records of Dallas County, Texas.
ecord Owner: WESTCHESTER BUILDERS, INC., a Texas
corporation
Utility Easement:
As recorded in Deed Restrictions dated
June 15, 1988 and recorded on July 6,
1988, recorded in Volume 88130, Page 4470,
Deed Records of Dallas County, Texas.
Whereas, the property is subject to
the easement; and
Whereas, the easement is a blanket easement for the
benefit of the utility companies, as certified in the
subdivision wherein the property is located; and
Whereas, the utility companies
said subdivision are Lone Star Gas,
Electric Company and Paragon Cable:
Whereas, Owner desires to construct
residential dwelling which encroaches into
shown, on the survey attached hereto as
incorporated herein by reference; and
listed on the plat of
General Telephone, T. U.
and th~ C~ty o~ Co~ll.
a single family
the easement as
Exhibit "A" and
Now, therefore, premises considered, each of the
aforesaid utility companies consents to the construction of a
single family residential dwelling with the encroachment as
shown o~ Exhibit "A".
This affidavit is made to establish of record the
consent of each of the utility companies as to the
encroachment into the utility easement as shown on Exhibit
"A", swears that the statements contained herein are true.
EXECUTED this the day of , 19
LONE~
BY: ~
STATE OF TEXAS
COUNTY OF DALLAS
)(
}{
W. H. WATSON
'::~ ~.,'~*, Uy Commas,on Expire= 2112~
PUBLIC, STATE
OF TEXAS
; * Printed Name: /;~
Ny Commission Expires on : ~/[~q~
STATE OF TEXAS )C , ,
COUNTY OF DALLAS ': !i,i!)C ~
' W.H. WATSON
SU.SC.I.EDAND
before me, the Undersign~d::authority, on this
19 89
26th day of
my hand and
NOTARY PUBLIC,
Printed Name':'. LINDA AUER
~sion Expires On::
EXECUTED this the ~
Name:
Title:
STATE OF TEXAS
)(
COUNTY OF DALLAS )(
SUBSCRIBED AND SWORN TO BEFORE ME by the s~d~. M. B. ~W~EY
'; ~.'..~..,, ', I.li','DA ,',U~I~ ' ~T~F PUBLIC, STATE
,,.,, ~ ~ homy Ft~..c ........... . OF TEXAS ,
~/' .. ~ · - ..... . ' Printed Name: ~ ~
STATE OF TEXAS )(
)(
COUNTY OF DALLAS )(
SUBSCRIBED AND SWORN to by M.B. WHALEY , before
me, the undersigned authority, on this 25th day of OCTOBER
1989, to certify which witness my hand and seal of office.
/ - ' ' ~ N~Y PUBLI ,
~ &t~V t~y cammiss:on Expre: 2112J:2 ~ Printed Name: LI~A AUER
~ ~..v~ · '~-" My Commission Expires On: 2-12-92
EXECUTED this the .~ ~ day of 0~%~
Name:
Title:
STATE OF TEXAS )(
)(
COUNTY OF DALLAS )(
SUBSCRIBED AN SWORN TO BEFORE ME by the saidm
DOUG JONSON.---~---~ on thie the ~/~ay of ~
, .......
~------~--~ Ny Commission Expires, On:
1989.
STATE
EXECUTED this the _~day of
T. U. ELECTRIC COMPANY
BY:
Name: ''
STATE OF TEXAS )(
}(
COUNTY OF DALLAS )(
SUBSCRIBED AND SWORN TO BEFORE J~ by the said
~rARY PUBLTC~/ STATE
OF' TEXAS
Printed Name~.~ ~Y~J
My Commission Expires On:
STATE OF TEXAS
)(
COUNTY OF DALLAS )(
SUBSCRIBED AND SWORN to by ~ICHAEL E. ~before me,
the undersigned suthority, on this 23rdday of OCTOBER 1989~
certi£y which witness my hand and seal of of£ice.
~T~I~RY PUBLI~ STATE~
OF TEXAS
Printed Name: Bette R. A~ers
My Commission Expires on: 3-16-93
I~TURN TO:
.:~fi..,~.~.,; WI~STCItESTlZR BUTLDEP. S, INC.
.~ ,!~'"~;'.~'.? BO~EV~, .SUIT~ 112
,~,,,: '.~. 220 P~
F F
~- £ _.- 46:3,7o
EXECUTED this the
__ day o~
, 19 --
CITY OF COPPELL
BY:
Name:
Title:
STATE OF TEXAS }(
)(
COUNTY OF DALLAS ){
SUBSCRIBE AND SWORN TO BEFORE NE by the said
on this the __ day of
2989.
My
NOTARY PUBLIC,
OF TEXAS
Printed Name:
commission expires on: --
STATE OF TEXAS
COUNTY OF DALLAS
SUBCRIBED AND SWORN to by , before
me, the undersigned authority, on this day of --
1989, to certify which witness my hand and seal o~ o~fice.
STATE
NOTARY PUBLIC, STATE
OF TEXAS
Printed Name:
Ny Commission Expires On: