Waterside P1-AG 921110CONS{ AGESqDA
AGENDA REQUEST FORM.
'~..~=~-'~. c*..,~. 5..~ ~,~..
ITEM CAPTION' ~ '
~terside Estates, Phase I sub~v%~ the specific lots bei~ 13 and 19 in Block
B~t~quest of ~-~kiy H~es, and authortz~g the ~ayor to
SUBMITTED BY:~
EVALUATION OF ITEM:
STAFF REP.: Planning Director. Gary L. Sieb
OTHER PEP.:
DATE:
This request is similar to one addressed by City Council on the January 28 and~arch
10, 1992 meeting agendas. The applicant in the matter before you this evening is
endeavoring to build s~im={,~ pools on the above referenced lots. Before that can be
done, the utility easements - mhich are not being used, incidentally - must be removed.
Attached to this Agenda Request Form is a copy of the affidavit signed by all utility
companies directly affected by this proposed action, verifying that they have no use
for this easement - that utilities were provided elsewhere on each property in ques-
tion.
BUDGET AMT.
AMT +/-BUDGET
N/A
FINANCIAL REVIEW BY
LEGAL REVIEW BY:
REVIEWED BY CM: ~////~'~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO.
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING
CERTAIN UTILITY EASEMENTS ON LOTS 13 and 19, BLOCK B,
WATERSIDE ESTATES PHASE 1, AN ADDITION TO THE CITY OF
COPPELL, DALLAS COUNTY, TEXAS, PROVIDING THAT SUCH
ABANDONMENT SHALL BE IN FAVOR OF THE ADJACENT PROPERTY
OWNER OWNING THE UNDERLYING FEE SIMPLE; PROVIDING THAT
SUCH ABANDONMENT SHALL BE THE INTEREST THE CITY MAY
LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SUCH
ORDINANCE SHALL CONSTITUTE A QUITCLAIM 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 utility easements hereinafter described and that
the Utility Companies having interests therein have filed notice of consent to abandon the
same, copies of which are attached hereto as Exhibit "1" and made a part hereof for all
purposes; 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
WHEREAS, the current owners of the properties on which said easements exist
desire that such easements be abandoned; and
WHERE. AS, the City has determined that the City and public have no need for
such easements and that the cost of keeping such easements is in excess of the fair
market value of the City's interest in the easements being abandoned; NOW,
THEREFORE,
AGG0,34OD
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
That the hereinafter described utility easements within the limits of the City of
Coppell, Texas, are no longer needed or necessary for city or public purposes and
should be abandoned in favor of the current owners of each of the lots burdened with
said easements. The easements being abandoned are as follows:
Being the five (5) foot utility easement at the rear of Lots 13 and 19, Block B,
Waterside Phase 1, an Addition to the City of Coppell, Dallas County, Texas, as
shown on the plat thereof recorded in Volume 91251, Page 3040, Deed Records,
Dallas County, Texas. Said lots also being shown on the plats attached hereto as
Exhibits A and B, and made a part hereof.
SECTION 2.
The City of Co~pell, Texas, hereby abandons all its right, title, and interest in and
to said of easements as above described and abandons, conveys, and relinquishes all
such public interest the City may have in and to said easements to the underlying fee
simple owner of each of said lots.
SECTION 3.
That the abandonment of the City's interest in said easements shall constitute a
quitclaim in favor of the underlying fee simple owner of each of said lots 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 right, title, and
interest of the City of Coppell, Texas, in and to said easements, 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.
SECTION 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 November, 1992.
__ day
APPROVED:
MAYOR
A'I-I-EST:
APPROVED AS TO FORM:
COO92-1104
CITY SECRETARY
'~JELEC TRIC
October 22, 1992
Mr. Briau Engelage
David Weekly Homes
211 Westwind Drive
Coppell, Texas 75019
To Whom It May Concern:
This letter is to advise that TU Electric bas no objection to the
abandonment of a existing 5 foot Utility Easement located at the
rear of Lots 13 and 19, Block B of Waterside Estates No. 1, an
Addition to ti{e~City of Coppell, Dallas County, Texas, as
recorded in Volume 91251, Page 3040 of Deed Records of said
County.
Il' you have any questions, please contact me at
Sincerely,
reg Hilton
Customer Services Representative
323-8913.
Git/dh
EXFIIBIT "~"
1992
GTE Telephone Operations
Central Area
P. O. BOX 128
Lewisville, TX 75029-0128
City of Coppell
Bryan Engelage- Weekley Homes
Coppell, Tx.
Dear sir:
GTE Southwest Incorporated offers no obJoction to the
abandonment of all utility ~ements in the Waterside Subdivision
Phase 1, and more specifically the easement at the rear of
~O~ 13, O~ ~lock. ~, or a~ addressed by the City of Coppell am 930
Moonlight Cove. The above mentioned easement is not currently
being utilized by GTE.
Should you have any questions concerning the above please call
Ms. Jerry Davis at 214-318-3810.
Sincerely,
Jerry Davis
Engineer OSP
Lone Star Gas Company
PO, Bo~ 151265° Irv*ng, Texa~ 75015-1265
214-253-5102
10-26-92
David Weekley Homes
211 Westwind Drive
Coppell , Texas 75019
ATT: Brian Engelage
Builder Waterside Estates
RE: Abandonment of easement 928 Westwind - Lot 19 Block B- 930
Moon Light Cove Lot 13 - Block B
Dear Sir;
Lone Star Gas Irving Distribution has no objection to the above listed
abandonment request and indicated on the attached exhibit
Sincerely ,
Fred Harris
PARAGO.N
November 2,1992
City oi Coppell
Attn: Bowman
255 Parkway Blvd.
Coppell, Texas 75019
RE:
5' EASEMENT ABANDONMENT,
DAVID WEEKLY HOMES, 211
WESTWIND DR, COPPELL, TX.
With regards to the above referenced request, Paragon Cable
of Coppell has no objections to abandoning 5' of the public
utility easement on hot-13, Block B, 930 Moonlight Cove;
Lot-19, Block B, 928 Westwind Cove, Coppell. If we can be
of any further assistance please feel free to call us at
(214) 259-9903.
Sincerely,
Bill Morgan
Construction Supervisor
209 South Rogers, Irving, Texas 75060 214/259-8850
Owned by American Television & Communications C,o~p and Houston Industries Inc
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