Pecan Valley-AG 930209CONSKNT ~GENDA
· AGENDA REQUEST FORM
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CITY COUNCIL MF~TING Februar~ 9, 19=_93 I'rF.M NUMBER ~/~/J') ,,
Consideration and approval of an for the abandonment of a portion
of a street easement located south of Drive, west of Block A, Lot 20, of
the Pecan Valley Addition, and authorizing the Nayor to sign.
SUBMFI-i ED BY: ~
~VALUATION OF ITEM:
STAFF REP.: Planning Director. Gary L. Sieb
OTHER REP.:
DATE:
BUDGET AMT.
AMT +/- BUDGET
N/A
FINANCIAL ~ BY ~-W
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LEGAL REVIEW BY:
January 12, 1993
"A New Beginning"
Mr. Gary Sieb
Director of Planning and Community Services
City of Coppell
P.O. Box 478
Coppell, TX. 75019
RE: Road Easement, Pecan Valley Subdivision, Coppell, Texas
Dear Mr. Sieb:
Based on my real-estate experience, my opinion is that the twenty-five (25) foot easement shown
on the Pecan Valley subdivision plat on Lot ~, Block A, has no real fair market value.
Please contact me if you need any further information.
Bob Brown
Sales Counselor
220 Park Boulevard, Suite 112 - Grapevine, Texas 76051 - (817) 481-7750
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE
ABANDONMENT OF A PORTION OF A STREET EASEMENT LOCATED WITHIN THE
CITY OF COPPELL, DALLAS COUNTY, TEXAS AND WITHIN THE LIMITS HEREINAFTER
MORE FULLY DESCRIBED; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE
A QUITCLAIM IN FAVOR OF THE OWNER OR OWNERS OF THE UNDERLYING FEE
SIMPLE; PROVIDING THAT THIS ORDINANCE MAY BE RECORDED WITH THE COUNTY
CLERK OF DALLAS COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Coppell, Texas, acting pursuant to law,
and upon the request of property owner Westchester Homes, deem it necessary and in
the public interest to abandon that portion of the street easement hereinafter described
and is of the opinion that such portion of said roadway easement is not needed for street
public use and that the same should be abandoned and quitclaimed in favor of the owner
or owners of the underlying fee simple; and
WHEREAS, the City Council of the City of Coppell and the above mentioned
property owner(s) have agreed that upon the abandonment of said roadway easement
the City of Coppell shall have and exercise no further rights in and to said portions of said
roadway for street and roadway purposes and that said property owner(s) shall, in
consideration of such abandonment, assume all maintenance and responsibility for the
same; and
WHEREAS, pursuant to statutes of the State of Texas, the City of Coppell has the
power to abandon such street easement and convey such easement interest to property
owners owning the underlying fee simple; and
WHEREAS, the City Council of the City of Coppell finds, that said easement
overlays a small narrow strip of land that is owned by others in fee; that such narrow strip
of easement has no fair market value; that the continued maintenance of such narrow
strip of easement will exceed its present fair market value; and that it should be
abandoned in favor of the property owners of the underlying fee simple so that they may
assume maintenance and responsibility for the same; and
WHEREAS, the City Council of the City of Coppell finds that the best interest and
weffare of the public will be served by abandoning the easement hereinafter described in
favor of the property owners of the underlying fee simple. NOW, THEREFORE
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. Pursuant to Section 272.001 Texas Local Government Code the
street easement described in Exhibit A and shown as the hash marked area of Lot 20 on
Exhibit B, said exhibits being attached hereto and made a part hereof, be and the same
is hereby abandoned and vacated insofar as any right, title and easement for public street
purposes are concerned and that such abandonment be in favor of the owners of the
underlying fee simple of said property. That this abandonment ordinance shall constitute
a quitclaim in favor of the owner or owners of the underlying fee simple of said Lot 20,
as shown on attached Exhibit B. That a certified copy of the this ordinance may be filed
in the deed records of Dallas County, Texas, to' indicate such abandonment and
conveyance. That this abandonment, conveyance and relinquishment to the underlying
fee simple owners, provided for herein, shall extend only to the public street easement
or interest for street purposes that the governing body of the City of Coppell may legally
and lawfully abandon, vacate, and convey.
SECTION 2. If any article, paragraph or subdivision, clause or provision of this
ordinance shall be judged invalid or held unconstitutional, the same shall not affect the
validity of this ordinance as a whole or any part or provision thereof, other than the part
declared to be invalid or unconstitutional.
SECTION 3. The City of Coppell acknowledges the findings set forth above to
be true and correct and hereby, in its legislative discretion, adopts and incorporates such
findings into this ordinance for all purposes.
SECTION 4. This ordinance shall take effect immediately from and after its
passage as the law in such cases provides.
of
DULY PASSED by the City Council of the City of Coppell, Texas, the
, 1993.
day
APPROVED:
A'FI'EST:
MAYOR
APPROVED AS TO FORM:
CITY SECRETARY
CITY A'r'rORNEY
COO93-0108
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS §
COUNTY OF DALLAS §
CiTY OF COPPELL §
I, the undersigned, City Secretary of the City of Coppell, Texas, a municipal
corporation, in the performance of the function of my office, hereby certify that the
attached ordinance is a full, true and correct copy of Ordinance No. as the same
appears in the records of the official ordinance book of the City, having been adopted by
the City Council of the City of Coppell, Texas, on the day of
,19 , and that I am the lawful possessor and have
legal custody of such record.
WITNESS MY HAND AND SEAL OF OFFICE at my office in Coppell, Texas, this
the day of ,19
City Secretary
City of Coppell, Texas
ACCESS EASEMENT
TO BE ABANDONED
BEING a 25 foot wide strip of land situated in the Alfred
Logsdon Survey, Abstract No. 783 in Dallas County, Texas and also
being part of Lot 20 in Block "A" of Pecan Valley, an addition to
the City of Coppell as recorded in Volume 91226, Page 4392 of the
Deed of Records of Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a point on the south line of a cul-de-sac for
Beaver Run Drive, said point being the northwest corner of the
above said Lot 20;
THENCE N. 88o17'12" E., 25.00 feet along the said south line
of Beaver Run Drive to a point for corner;
THENCE S. 01042'48'' E., 110.00 feet leaving the said south
line of Beaver Run Drive to a point for corner;
THENCE S. 88°17'12'' W., 25.00 feet to a point that is the
southwest corner of the above said Lot 20;
THENCE N. 01042'48'' W., 110.00 feet along the west line of
said Lot 20 to the Point of Beginning and containing 2750 square
feet of land.
Westchester Homes
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v'o&. qI~RG · PG. *~-~ -- TO ,~AdAltJ
PROPOSED ABAIIDOHM£tlT
CI T Y' OF CO~°,~"I l_
ALF£EO LOG~O0# SURVEY~ A$$T, 783
DAN M. DOWDEY
ASSOCIATES.~ ..' ~INC' [
_ ._ ,A '~ --EXAS 7524'8