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Chateaus-AG080708 COPPELL ;,;..~ r DEPT: Engineering DATE: July 8, 2008 ITEM #: 9/0 THE-CiTY.OF AGENDA REQUEST FORM D WORK SESSION o CONSENT D REGULAR ITEM TYPE: ORDINANCE ITEM CAPTION: Consider approval of an Ordinance abandoning two drainage easements and a grade-to-drain easement located in the J.A. Simmons Survey, Abstract No. 1296, southwest corner of Denton Tap and Bethel Road, as described in Exhibits "A", "B" and "e" attached hereto; reserving all existing easement rights of others, if any; and authorizing the Mayor to sign and to execute any necessary documents. GOAL(S): - IIII EXECUTIVE SUMMARY: Approval of the ordinance will abandon easements that developers of the proposed new subdivision will no longer need in order to provide an adequate drainage system. FINANCIAL COMMENTS: RECOMMENDED ACTION: Staff recommends approval of the easement abandonment ordinance. ACTION TAKEN BY COUNCIL: APPROVED BY CITY COUNCIL ON ABOVE DATE Motion to Approve Ord. # 2008-1201 M - Tunnell S - Hinojosa-Flores Vote - 7-0 . ~ Libby SaU 2008.07.15 10:09:14 -05'00' I#Abandon Drainage Easements THE.CiTY.OF corrELL /; MEMORANDUM TO: Mayor and City Council FROM: Kenneth M. Griffin, P.E., Director of Engineering/Public Works DATE: July 8, 2008 REF: Consider approval of an ordinance abandoning two drainage easements and a grade-to-drain easement located in the J.A. Simmons Survey, Abstract No. 1269, southwest corner of Bethel Road and Denton Tap Road, as described in Exhibits "A", "B", and "C" attached hereto; reserving all existing easement rights of others, if any; and authorizing the Mayor to sign and to execute any necessary documents. This ordinance abandons two existing drainage easements and a grade-to-drain easement that currently serve the Summit at the Springs subdivision. These easements were dedicated in 1996 at the time of the development of Summit at the Springs to capture storm water runoff from the First Baptist Church of Coppell property. These easements are being considered for abandonment because the developers of the new subdivision will provide an adequate drainage system that will not require use of these easements. Staff recommends approval of the abandonment ordinance and will be available to answer any questions at the Council meeting. ORDINANCE NO. 2008.../20/ AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING TWO DRAINAGE EASEMENTS AND A GRADE- TO-DRAIN EASEMENT LOCATED IN THE J.A. SIMMONS SURVEY, ABSTRACT NO. 1296, AS DESCRIBED IN EXHIBITS "A", "B" AND "C" ATTACHED HERETO; RESERVING ALL EXISTING EASEMENT RIGHTS OF OTHERS IF ANY, WHETHER APPARENT OR NON-APPARENT, AERIAL, SURFACE, UNDERGROUND OR OTHERWISE; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF DALLAS COUNTY, TEXAS AS A QUITCLAIM DEED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Coppell has determined that the easements located on the First Baptist Church property described in Exhibits "A", "B" and "C" hereto, is no longer needed for City services; and WHEREAS, the property owner desires that said drainage easements be abandoned. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS: SECTION 1. That the City Council of the City of Coppell, Texas has determined that the drainage easements described in Exhibits "A", "B" and "C", attached hereto and made a part hereof for all purposes, is no longer needed or necessary for public purposes and should be, and is hereby, abandoned in favor of the property owner. SECTION 2. That this abandonment ordinance shall constitute a Quitclaim Deed in favor of the property owner, and a certified copy of the same may be filed in the Deed Records of Dallas County, Texas, to indicate such abandonment. SECTION 3. That the City Manager or his designee shall, at the appropriate time, file this ordinance as provided herein. SECTION 4. That 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 drainage easements, 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. 1 SECTION 5. That this ordinance shall become effective from and after its passage as the law and charter in such case provide. L Y PASSED by the City Council of the City of Coppell, Texas, this the 8l? 2008. APP ATTEST: 2 DRAIN EASEMENT ABANDONMENT BEING a 25 foot by 25 foot strip of land situated in the J.A. Simmons Survey, Abstract No. 1296 in the City of Coppell, Dallas County, Texas and being part of the First Baptist Church ofCoppell tract as recorded in Volume 95167, Page 5885 of the Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at a point of intersection of the south line of Bethel Road (a 50 foot right-of -way) with the west line of Denton Tap Road (a 100 foot right-of-way), said point also being in a curve to the left running in a westerly direction and having a central angle of 02027'30" a radius of 1095.92 feet and a chord bearing of N. 85020'56" W.; Thence along said curve, and along the said south line of Bethel Road, 47.02 feet; Thence N. 88042'24" W., 418.05 feet continuing along the said south line of Bethel Road; Thence S. 01017'37" W., 162.50 feet leaving the said south line of Bethel Road to the POINT OF BEGINNING; THENCE S. 88042'23" E., 25.00 Feet to a point for comer; THENCE S. 01017'37" W., 25.00 Feet to a point for comer; THENCE N. 88042'23" W., 25.00 Feet to a point for comer; THENCE S. 01017'37" W., 25.00 feet to the Point of Beginning and containing 625 square feet of land. EXHIBIT "A" o I(J l.9 BETHEL z ROAD ( z 1 ~ .; 1 CD . I lJ... :; (, o - '" L - - -I- ~ ..; I z ~ ~ <5 0 1 ll. "': I 'J N.0Ih-N7~.- 125.00, I I f- - L g ~ I z ~ / i5 / LL f3 /..... IJI / ................... f- ;;: / ......... V10/ "- cr./ f- ll., 0... / '-.. <1./ '-.. Z~~~I N.88D4Z'Z..W. .. ll!l. O~ ' 4102027'']0'' R~ 109'.92' T'Z3.~2' L.." 47. 02' V1 <1. ~ X Z w rr. f- ll. IJI S.8S042'23"E. 25.00' LL W o I l- I- Z <1 o - I- -- FIRST BAPTIST CHURCH OF COPPEll VOL. 95167. PG.5885 EXHIBIT A 25' x 25' DRAINAGE EASEMENT ABANDONMENT CITY OF COPPELL J. A. SIMMONS SURVEY ABST. 1296 DALLAS COUNTY. TEXAS DOWDEY, ANDERSON & ASSOCIATES) INC. 16250 DALLAS PARKWAY SUITE 100 (214) 931-0694 DALLAS, TEXAS 75248 J 100' L z o f- Z w o SCII. 0 III 8 - I - 9 6 Job No. 9 6 - 0 3 I \ l.9 Z - u z w Cl ~ <t ~ 0 u a:: u.. o f- Z o ll. ll. <t f- DRAIN EASEMENT ABANDONMENT BEING a 25 foot by 25 foot strip of land situated in the l.A. Simmons Survey, Abstract No. 1296 in the City of Coppell, Dallas County, Texas and being part of the First Baptist Church ofCoppell tract as recorded in Volume 95167, Page 5885 of the Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at a point of intersection of the south line of Bethel Road (a 50 foot right-of -way) with the west line of Denton Tap Road (a 100 foot right-of-way), said point also being in a curve to the left running in a westerly direction and having a central angle of 02027'30" a radius of 1095.92 feet and a chord bearing ofN. 85020'56" W.; Thence along said curve, and along the said south line of Bethel Road, 47.02 feet; Thence N. 88042'24" W., 418.05 feet continuing along the said south line of Bethel Road; Thence S. 01017'37" W., 320.00 feet leaving the said south line of Bethel Road; Thence S. 28051 '26" W., 535.03 feet to the POINT OF BEGINNING; THENCE S. 61008'34" E., 25.00 Feet to a point for corner; THENCE S. 28051 '26" W., 25.00 Feet to a point for comer; THENCE N. 61008'34" W., 25.00 Feet to a point for comer; THENCE S. 28051 '26" E., 25.00 feet to the Point of Beginning and containing 625 square feet of land. EXHIBIT "8" o If) BETHEL ( I I I I 1----- I I I ~ w f----- ~ I z 1 o ~ I f- f- L_ <l: I o ~ I 3 ~ I o U1 J....... ll... 0 /........ w / .......... ~ ~)Z .......... ........, ~ ~ A.. C!J 0... CL I ................ ~ ;3 I .......... t / ~ I--- ~ / ........ '- 4... / ........ 0'.,: 'I..... " / ~ ~ I" 0 :~ '-.... Q. '" /~28051'20" ~ " 25,00' If) <l: (j') X ~ W f- ~ (j') -- ROAD N. 88042' 24"W. "] e. O!t. 4 l 02:. 27 . :) 0" AI 10".92' TI23.'2' L I "7. Ol ' FIRST BAPTIST CHURCH OF COPPE l l Val. 9516 7. PG. 5885 "'I N. 61 0 08' 34" W. ..25. 00' S.2B051'26"W.25.00' 25.00' DRAINAGE J. A. CI T Y SIMMONS DALLAS EXHiBIT B J 100' L ~ 0 w <( ::!: 0 ~ 0:: u ll... o ~ 0... o <( Q. I- z o I- Z W o 25'x 25' EASEMENT ABANDONMENT OF COPPElL SURVEY ABST. 1296 COUNT Y . TEXAS DOWDEY, ANDERSON & ASSOCIATES, INC. 16250 DALLAS PARKWAY SUITE 100 (214) 931-0694 DALLAS. TEXAS 75248 Scali Job No. 0111 8 - 1- 96 96-031 GRADE TO DRAIN EASEMENT ABANDONMENT BEING a 20.00 foot wide strip of land situated in the LA. Simmons Survey, Abstract No. 1296 in the City of Coppell, Dallas County, Texas and being part of the First Baptist Church ofCoppell tract as recorded in Volume 95167, Page 5885 of the Deed Records of Dallas County, Texas and being more particularly described as follows: COMMENCING at a point of intersection of the south line of Bethel Road (a 50 foot right-of -way) with the west line of Denton Tap Road (a 100 foot right-of-way), said point also being in a curve to the left running in a westerly direction and having a central angle of 02027'30" a radius of 1095.92 feet and a chord bearing of N. 85020'56" W.; Thence along said curve, and along the said south line of Bethel Road, 47.02 feet; Thence N. 88042'24" W., 418.05 feet continuing along the said south line of Bethel Road to the POINT OF BEGINNING; THENCE S. 01017'37" W., 324.91 feet leaving the said south line of Bethel Road to a point for comer; THENCE S. 28051 '27" W., 748.39 feet to a point for comer; THENCE S. 01017'37" W., 436.09 feet to a point for comer being on the north line of the Cottonbelt Railroad right-of-way (al00 foot right-of-way), said point also being in a non- tangent curve to the right running in a westerly direction and having a central angle of 00020' 43" a radius of 3420.07 feet and a chord bearing ofS. 77018'30" W.; THENCE along said curve, and along the said north line of the Cottonbelt Railroad, 20.61 feet to the end of said curve, a point for comer; THENCE N. 01017'37" E., 445.98 feet leaving the said north line of the Cottonbelt Railroad to a point for comer; THENCE N. 28051 '27" E., 748.39 feet to a point for comer; THENCE N. 01017'37" E., 320.00 feet to a point for comer on the said south line of Bethel Road; THENCE S. 88042'24" E., 20.00 feet along the said south line of Bethel Road to the Point of Beginning and containing 0.694 acres (30,238 square feet) ofland. EXHIBIT "C" Q /' J.... ~/ V) 0/ " Q / /-.... ~' Q. Q'</ Q)"< I I .~ - - - - - ~) AD N. B80"2' 24"W. '. 418.'O~' .-" . POINT OF A* 02-21')0" ~ BEGINNING R: 109 !l.1J2' ~ T. 2). ~ 2' /--- L; .. '7.02 I Z !."o; - U /-- . Z _<t 0 N W 10 r<J ~O ~<t 80 II: ...J u.. 0 ...J W I- '- Cl. Z Cl. 0 0 0.. U LL a.. 0 <t If) l- I Cl) u Cl) cr If) :J l? I Cl. U Z I-- f'- 0 I- IJl (D Z I-- If) W Cl. <r (j) 0 rn ...J 0 I-- > IJl 100' n:: LL Si BETHEL --------1 \ I . _U_-1 V) I -\-"< I 0~ f-.. ~ ~ I ~ ~ I iu ~ ;.....):- o ;.... i::~ Q"< !:: .::J~ ~ O::J~ I 4.. '" I I- __ I , . , en l- _ _ (l) I If) I <t \ <t -..J r-- \ , I I . 1- --l"- I r<J I . " /........ r--- ...-/ ................. 0 ......- op..O ~~~ o o ---- EXHIBIT C 20' WIDE GRADE TO DRAIN EASEMENT ABADONMENT CITY OF COPPELL J. A. SIMMONS SURVEY ABST. 1296 DALLAS COUNTY t TEXAS 16250 DAL L AS PARKWAY (214)931-0694 DALLAS. TEXAS DOWDEY, ANDERSON & ASSOCIATES, INC. SUITE 100 75248 Scala J Db N D. Oat. 8 - I - 96 96- 031