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Stonemeade-AG 940208CITY COUNCIL ITEM CAPTION: AGENDA REQUEST FORM Fchruarv 8. 1994 Consideration of an ordinance abandoning a sanitary sewer easement located in Stonemeade Estates and authorizing the Mayor to sign, SUBMITTED BY: l~'mam~'h ]Vi'_ ('.r|f~n; P ]~ (~ty l~gineer DATE: January 31, 1994 EVALUATION OF ITEM: It has recently come to the attention of the City of Coppell that a sanitary sewer cosemmt which trans. Stonemeade ESto~ 0mmediately north of Town Center) has never been abandoned. The sewer fine ha rerouted down Parkway Blvd. and up the east side of Stonemeade Estates..However, the existing sanitar. easement was never abandoned. It is critical that this be completed in a timely manner so that a home u'~, construction over the easement can be allowed to clOSe. Staff offers no objections to the abandonment and will be available to answer any questions at the City Council meeting. BUDGET AMT. ~/~/f~ AMT. +/- BUDGET COMMENTS: LEGAL REVIEW BY: AGENDA REQUF~T FORM REVISED 2/93 FINANCIAL REVIEW BY REVIEWED BY CM' ~/ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A SANITARY SEWER EASEMENT, V~:IICH IS NO LONGER NECESSARy FOR CITY SERVICES; PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF CENTEX REAL ESTATE CORPORATION, THE ABuTrING PROPERTY OWNER, IN EXCHANGE FOR A FIFTEEN (15) FOOT SANITARy SEWER EASEMENT PREVIOUSLY DEDICATED BY CENTEX REAL ESTATE CORPORATION TO THE CITY AND RECORDED IN VOLUME 92125, PAGE 4668, OF THE DEED RECORDS OF DALLAS COUNTY, TEXA~;, PROVIDING THAT SUCH ABANDONMENT SHALL BE pTIR~o INTERF-~T THE CITY MAY LEGALLY AND LAWFULLY ABANDON; VIDING THAT SUCH ORDINANCE SHALL 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 hereinafter described sanitary sewer easement is no longer needed or necessary for public purposes; and WHEREAS, the City Council of the City of Coppell is of the opinion that the hereinafter described sanitary sewer easement should be abandoned in favor of the abutting property owner, Centex Real Estate Corporation in exchange for a 15 foot sanitary sewer easement previously dedicated by Centex Real Estate Corporation and recorded in Volume 92125, Page 4668 of the Deed Records of Dallas County, Texas; and WHEREAS, the fair market value of the additional sanitary sewer easement previously dedicated to the City of Coppell by Centex Real Estate Corporation has been determined by an appraisal to equal or exceed the fair market value of the hereinafter described sanitary sewer easement being abandoned; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council has determined that the hereinafter described sanitary sewer .easement is no longer needed or necessary for public purposes and should be abandoned m favor of Centex Real Estate Corporation, the abutting properly owner, ia exchange for a fifteen (15) foot sanitary sewer easement previously dedicated to the City by Centex Real Estate Corporation and recorded in Volume 92125, Page 4668 of the Deed Records of Dallas County, Texas. SECTION 2. That the fair market value of the additional sanitary sewer easement previously dedicated to the City of Coppell by Centex Real Estate Corporation has been determined by an appraisal to equal or exceed the fair market value of the herein described sanitary sewer easement being abandoned. SECTION 3. That the City of Coppell, Texas, hereby abandons all its right, rifle, and interest in and to said portion of the easement hereinafter described, and abandons, conveys, and relinquishes all such public interest the City may have in and to said easement to the current owner of the abutting property, Centex Real Estate Corporarionc The sanitary sewer easement hereby abandoned is described as follows: "BEING the centerline of a 20 foot wide utility easement situated in the Clarinda Squires Survey, Abstract No. 1327 in the City of Coppell, Dallas County, Texas as recorded in Volume 81239, Page 1515 of the Deed Records of Dallas County, Texas and also being part of Stonemeade Estates, an addition to the City of Coppeli as recorded in Volume 93093, Page 1522 of the Deed Records of Dallas County, Texas, said centerline being more particularly described as follows: COMMENCING at a point on the north line of Parkway Boulevard (an 88 foot right-of-way) and being the southwest corner of the above said Stonemeade Estates, said point also being in a curve to the left having a central angle of 03' 28'30" and a radius of 2244.00 feet; Thence along said curve, and the said north line of Parkway Boulevard, 136.10 feet to the end of said curve; Thence S. 58' 38'49" W., 339.56 feet along the said north line of Parkway Boulevard to the POINT OF BEGINNING; THENCE N. 01' 22'49" W., 661.50 feet leaving the said north line of Parkway Boulevard to a point for corner; THENCE N. 06' 52'49" W., 132.54 feet to the end of said centerline being at the north line of the above said Stonemeade Estates and containing 0.36 acres of land. SECTION 4. That the abandonment of the City's interest in said easement shall constitute a quitclaim deed in favor of the abutting property owner, Centex Real Estate Corporation, and the City Secretary shall provide a certified copy of this ordinance to be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. SECTION 5. That 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 6. 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. SECTION 7. 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 day of ,1994. APPROVED: TOM MORTON, MAYOR ATrEST: APPROVED AS TO FORM: crl'Y SECRETARY PETER G. SMITH, CITY ATTORNEY SANITARY SEWER ABANDONMENT I C) p- Z W I GENERAL LOCATION OF SANITARY SEWER LINE ABANDONMENT PA~WAY BLVD.