Heartz Rd Elem/FP-AG 930727CONSENT AGENDA
AGENDA REQUEST FORM
CITY COUNCIL July 27, 1993
ITEM CAPTION:
Consideration and approval of an ordinance, abandoning a 25 foot utility easement, located approximately 950
feet south of Parkway Boulevard on the west side of Heartz Road (Heartz Road Elementary School Addition),
at the request of C District, and authorizing the mayor to sign. ~ ............
SUBMITTED BY: ~ [(Directr's Signature)
STAFF ~~ I,. ,qieh .... '.LZ ............. _~ ~
~rector of Plan~ing & Comm. Seo~
OTHER REP-A .........
DATE:
EVALUATION OF ITEM:
This 25 foot drainage and utility easement serves no useful purpose now that Town Center Elementary School
is being constructed with our approved drainage plan which is designed to handle the water run-off, and there
are no utilities located in the easement. Staff recommends approval of the abandonment ordinance.
BUDGET AMT. 3J/~ AMT. ESTIMATED
AMT. +/-BUDGET FINANCIAL REVIEW BY/~a~.~
LEG~ REVIEW BY: REVIEWED BY CM:
AGENDA ~QU~T FO~ ~VISED 2/93
cisd,stf
ANNEX A
DMAINAGE AND UTILITY EASEMENT
BEING a 2~ foot wide strip of land situated in the
& M.G.R.R. Surve~ Abstract No. 1430 in Dallas County, Texas
and being part o~ a tract of land aa described An deed from
Good Financial Cprporatlon to M. Douglas Adkins, Trustee~ as
recorded An Volum~ 76188, Page 2355 of the Deed Records of Dallas
County, Texas and~)eing more particularly described as
COMMENCING ~t a point of intersection of the southerly
line of Parkway ~oulevard (an 88 foot R.O.W.) with the west
line of Heartz Re,ad {a 60 foot R.O.W.); Thence along ssi4 west
line of Heartz ~oad the following courses and dis=encee; S.
74~14'42'' E., 34~13 feet to the beginning of a cUrVe to the
right having a central angle of 21"$6'42" and a ra~lu~ of 17~.~9
feeC; Thence 6S.~9 feet Uo the end of said curve; Thence
1~22'49'' E., 952.30 feet to the POINT OF ~EGINNING;
THENC~ S. 11~22~49'' E., 25.00 feet continuing alon9 the
said west line of Heartz ROad to a point for corner;
THENCE S. 8~
line of Hoartz Ro~
THENCE S..88
T~NCE N.
THENCE N. 88
T~ENCE N.
T~=NCE
land.
i~59'56'' W., 289.56 feet leav£ng ~he aal4 west
d tO a point for corner;
O~58'' E., 281.52 feet to a point for corner;
59~02'' W., 338.66 feet to e point for cornet;
:2~49" W., 25.00 fee% to m point for cor~er;
59'02" E.~ 313.82 fee= =o a point for cornor;
~0'58" W., 281.52 feet to a point for corner;
18~59'02'' E., 314.40 ~eet tO the Point of
· taining 0.522 acres (22,744 ~quars flit) of
ANNEX B
M. DOWDEY & ASSOCIATES', INC.
DAN
16250 0ALLAS PARKW&~' SUlTIr
ORDINANCE ,O. ~..~ ~*/.~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING
A CERTAIN UTILITY EASEMENT IN THE S.A. & M.G.R.R. SURVEY
ABSTRACT NO. 1430, COPPELL, DALLAS COUNTY, TEXAS, BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO AND MADE A PART HEREOF FOR ALL PURPOSES;
PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF
THE ADJACENT PROPERTY OWNERS 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 QUIT
CLAIM THAT MAY BE RECORDED WITH THE COUNTY CLERK OF
DALLAS COUNTY, TEXAS; PROVIDING A SEVERABIMTY CLAUSE;
PROVIDING A REPEALING CLAUSE; AND PROVIDING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Coppell, Texas had determined that the
City has no further need for the certain utility easement hereinafter described; and
WHEREAS, the City Council of the City of Coppell, Texas has determined that the
interest of the City and the public therein should be abandoned; and
WHEREAS, the current owners of the property in which said easement exists
desire that such easement be abandoned; and
WHEREAS, the City has determined that the City and public have no need for
such easement and that the cost of keeping such easement is in excess of the fair market
value of the City's interest in the easement being abandoned;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF COPPELL, TEXAS:
SECTION 1. That the hereinafter described utility easement within the limits
of the City of Coppell, Texas, is no longer needed nor necessary for City or public
purposes and should be abandoned in favor of the current owners of the property
1
burdened with City easement. The easement being abandoned is a twenty-five (25) foot
wide strip of land situated in the S.A. & M.G.R.R. survey abstract 1430 in Dallas County,
Texas, and being a part of a tract of land as described in a deed from Good Financial
Corporation to M. Douglas Atkins, Trustee, as recorded in Volume 77188, page 2355, of
the deed records of Dallas County, Texas, and being more particularly described in
Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. That the City of Coppell, Texas, hereby abandons all its right,
title and interest in and to said easement as above described and abandons, conveys,
and relinquishes all such public interest the City may have in and to said easement to the
underlying fee simple owners of said property.
SECTION 3. That the abandonment of the City's interest in said easement
shall constitute a quit claim in favor of the underlying fee simple owners of said lot 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 easement, 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. If any article, paragraph or subdivision, clause or provision of
this ordinance or of the Code of Ordinances, as amended hereby, shall be adjudged
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 so decided to be invalid or
2 AGG043~<~
unconstitutional.
SECTION 6. That all provisions of ordinances of the City of Coppell, Texas,
in conflict with the provisions of this ordinance be, and the same are hereby, repealed,
and all other provisions not in conflict with the provisions of this ordinance shall remain
in full force and effect.
SECTION 7. This ordinance shall take effect immediately from and after its
passage, as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of Coppell, Texas, this the
day of
,1993.
APPROVED:
MAYOR
ATTEST:
CITY SECI:IETARY/
APPROVED AS TO FORM:
3 AGG04399
Negotiating Committee/Paragon Franchise Renewal -- Councilmember Garrison ask that the
cable issue be included on the next Council agenda.
CONSENT AGENDA
19. A. Consider approval of minutes: July 13, 1993.
Consideration of the f'mal payment, in the amount of $8,855.00 to
Teague Nall and Perkins, Inc. for providing the City with computerized
utility/aerial mapping services.
Consideration and approval of extending the appointment of Council
Members Peyton Weaver, Lanny Mayo and Chairman William Rohloff
of the Economic Development Board, to the Realignment of Beltline
Road Study Committee from July 31, 1993 to August 31, 1993.
Consideration and approval of an ordinance, abandoning a 25 foot
utility easement, located near the southwest corner of Parkway
Boulevard and Heartz Road (Heartz Road Elementary School
Addition), at the request of Coppell Independent School District, and
authorizing the Mayor to Sign.
Mayor Pro Tem Robertson moved to approve Items 19 A, B, C, and D which carries Ordinance
No. 93613. Councilmember Weaver seconded the motion; the motion carried 6-0 with Mayor
Pro Tern Robertson and Councilmembers Weaver, Stahly, Reitman, Mayo, and Garrison voting
in favor of the motion.
There being no further business to come before the City Council, the meeting was adjourned.
Tom Morton, Mayor
ATTEST:
Dorothy Timmons, City Secretary
CM072793
Page 5 of 5
ANNEX
DRAINAGE AND UTILITY EASEM~N?
BEING a 2~ foot wide strip of land situated in the
& M.G.R.R. Survey, Abstract No. t430 in Oallas County, Texas
and being part o~ a tract of land as described in deed from
Good Financial C~rporation to M. Douglas Adkins, Trustee, as
recorded in Volum~ 76188, Page 2355 of the Deed ~ecorde of Dallas
County, Texas and )eing more particularly described as follows:
COMMENCING ~t a point of intersection of the southerly
line of Parkway ~oulevard (an 88 foot R.O.W.) with the west
line of Heartz Rc~d (a 60 foot R.O.W.); Thence along said west
line of Heartz ~oad the following courses and distances; S.
74°14'42'' E., 34~13 feet to the beginning of a curve to the
right having a central angle of 21"$6'42" and a radius of ~79.09
1 22 49 E., 952.~0 feet to the POINT OF BEGINNING;
THENC~ S. 11°22'49'' E., 25.00 feet continuing alon9 the
said west linc of Heartz Road to a point for corner;
THENCE S. 8f
line of Heertz Ro~
?H=NCE ~o 1°'
THENCE S..88~
Ti~NCZ N. 1"i
THENC~ N. 88
THENCE N. ~o~
THENCE N. .
Bcginning and co
land.
~59'56" W., 289.56 feet leaving the said west
~d to a point for corner;
'59'02" W , 338.66 feet to · point fo= cornet;
!~'49" w.~ 25.00 ~ee% to m point for eo~ne~;
'59'02" E 313.82 feet tO e point for corner;
)0'58" W.~281.52 fee~ to & 90~n= for corner;
]8*59'02" E., 314.40 ~ee= ~0 the POint of
~taining 0.522 acres (22,744 sguare f~t) of
ANNEX B
DaN M. DOWDE¥ & ^SSOC~^TI~s~ · iNC. [,,.~cf_,~-
IGZ~O OAL. L.~f PAIRI<YVA~ ITE I00 Je~Ne.~ ]
[2141 951o0694 OALLA$ , TEXAS ?$248