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Lake Park/FP-AG 920526CONSENT AGENDA AGENDA REQUEST FORM CITY COUNCIL MF. RTING ITEM NUMBER ITEM CAPTION; Consideration and approval of an ordinance abandoning certain utility easements on Lots 1-2g. Block E. of the ~ Lake Park Addition. and authorizing the Mayor to sign. SUBMITTED BY: OTHER RE .. EVALUATION OF ITEM: DATE: BUDGET AMT. AMT +/- BUDGET N/A AMT. ESTIMATED ...../~ FINANCIAL REVIEW BY '~ LEGAL REVIEW BY: AG~-LND^ RE~UF~ST FO~ FI~ISF~D I.'91 AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING CERTAIN UTILITY EASEMENTS ON LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29, BLOCK E, WAT£RFORD ,~,T LAKE PARK ADDmON 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 an affidavit of consent to abandon the same, a copy of which is 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 City Council has heretofore adopted an ordinance to abandon said easements on lots 5, 9, 21, 22, and 29, the same are again included in this ordinance for the purpose of continuity; and WHEREAS, the current owners of the properties on which said easements exist desire that such easements be abandoned; and AGG02272 WHEREAS, 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, 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 ten (10) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29, Block E, Waterford At Lake Park, an Addition to the City of Coppell, Dallas County, Texas, as shown on the plat thereof recorded in Volume 91170, Page 2650, filed August 30, 1991, Plat Records, Dallas County, Texas. Said lots also being shown on the plat attached as Exhibit A of, and made a part hereof. SECTION 2. The City of Coppell, 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 dght, 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. AGG02272 S'ECTION 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. of DULY PASSED by the City Council of the City of Coppell, Texas, this the ~& day ~3/Jj_~.,,,~ ,1992. APPROVED: MAYOR~ A'I-I'EST: ~ ../ CITY A'I-rOR ~/~, ' ~ COO92-0501 AFFIDAVIT OF CONSENT OF UTIUTY COMPANIES TO ABANDON UTILITY EASEMENT Property: Lots 1, 2, 3, 4, 5, 6, 7, 8, 9, 10, 11, 12, 13, 14, 15, 16, 17, 18, 19, 20, 21, 22, 23, 24, 25, 26, 27, 28, and 29, Block E, ~-ef~m'd-sH_ake Park, an Addition to the City of Coppell, Dallas County, Texas, according to the plat thereof recorded in .Volume 91170, Page 2650, filed for record August 30, 1991, Plat Records, of Dallas County, Texas. Utility Easement: Ten foot utility easements at the rear of each of the above mentioned lots as shown on the plat filed August 30, 1991, Volume 91170, Page 2650 Plat Records of Dallas County, Texas. Said lots and easements also being shown on the plat attached hereto as Exhibit "A" and made a part hereof for all purposes. Whereas, the properties referenced above are subject' to the utility easements referenced above; and Whereas, said utility easements are blanket easements for the benefit of utility companies, as certified in the subdivision wherein the properties are located; and Whereas, the utility companies having interests therein are T.U. Electric, Lone Star Gas, General Telephone, and Paragraph Cable; and Whereas, the Owners of said lots desire to have the easements abandoned; and Whereas, all utilities have already been installed at the front of said lots and due to limited access the rear utility easements shown on the plat of each lot will not be needed for future utility installation. EXHIBIT ' ''1 '' AGGO2218 Now, therefore, premises considered, each of the aforesaid utility companies consent to the abandonment of the 10 foot utility easement located at the rear of each of the above mentioned lots and do hereby fully release and abandon its rights in and to the aforesaid platted easements and request the City of Coppell to take such further action as is necessary to fully abandon said easements. EXECUTED this ~' day of ~----~'~z~/_ ,1992. T.U. ELECTRIC COMPANY Name: ~'/,.,,~ ~ ~"~-~,~ LONE STAR GAS COMPANY Name' Title: ' GENERAL TELEPHONE COMPANY Name: Title: ~ STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged . , 1992, by on behalf of T.U. Electric Comma, ny. NOTARY PUBLIC ~te of Texas before me on the~'~'~ day NOTARY PUBLIC, STATE OF TEXAS Notary's Printed Name of Notary's Commission Expires STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before me on the ~:) day of , 1992, by .~. 13,. ~'/~,~_ , as on behalf of Lone Star Gas Company. Notary's Printed Name Notary's Commission Expires STATE OF TEXAS COUNTY OF DALLAS This _.ins/trument was acknowledged befor~ /~Tle on tl'~ E' , 1992, by ~ on behalf of General TelephOne (~pany. day of , as 15, !~4 NOTARY PUBLIC, STATE OF TEXAS Notary's Printed Name Nota/y's {~mmission Expires STATE OF TEXAS COUNTY OF DALLAS This instrument was acknowledged before ~ne on the ~ day , 1992, by __z~-,~.~_'~/.,~ , on behalf of Paragon Cable. of NOTAR? P.~JBUC, STATI~ OF TEXAS NDta~'s Printed Name - - Notary'~s Corfimis{ion Expires rn PHILLIPS' DRIVE O~FONI'ST ROAD FINAL PLAT LAKE PARK ADDITION WIECO L~JIO DiVELQIIMENT o INC. DAN 14. DOWNEY · ASIQClATE~.IN~ JgO c) D) E) F) H) I) X) L) AGENDA Item 18 A. Bo Co De DALLAS CENTRAL APPRAISAL DISTRICT (DCAD) There was no report at this time. FINANCE COMMITTEE There was no report at this time. LIBRARY COMMITTEE Councilman Weaver reported that there will be a Friends of the Library meeting on Saturday, May 30, 1992 at 9:00 a.m. - 10:00 a.m. in the Rotary Room. METROCREST RED RIBBON CAMPAIGN AWARENESS) There was no report at this time. COMMITTEE (DRUG MUD ABSORPTION COMMITTEE There was no report at this time. NORTH CENTRAL TEXAS COUNCIL OF GOVERNMENTS (NCTCOG) There was no report at this time. PARK BOARD There was no report at this time. PERSONNEL POLICY TASK FORCE COMMITTEE There was no report at this time. RECYCLING COMMITTEE There was no report at this time. SCHOOL BOARD There was no report at this time. Consideration and approval of a final plat of Country Estates,located at the southeast corner of Bethel School Road and Harris Street, at the request of Horace T. Ardinger. Discussion and consideration of awarding Bid #Q- 0392-01 for the Phase I Drainage Improvements, Hunterwood Subdivision - to Gibson & Associates, Inc. in the amount of $13,162.50 and authorizing the City Manager and City Engineer to execute change orders for Alternates A B & C, if necessary. Consideration and approval of an ordinance abandoning certain utility easements on Lots 1-29, Block E of the W~t Lake Park Addition, and authorizing the Mayor to sign. Consideration and approval of a Resolution to encroach upon a utility easement, located in Northlake Woodlands No. 7 Addition, Lot 9, Block E to allow a swimming pool and decking, which were constructed by the previous owner of the property, at the request of Bryan and Sandra Jones. Consideration of a resolution designating a Lease- Purchase Agreement, between the Ci%y and Consolidated Financial Resources, Inc., for the purpose of financing a Computer System for Policy and Fire CAD, as a "qualified tax exempt obligation"of the City and authorizing the Mayor to sign. Consider approval of an ordinance establishing a meeting time of 7:00 p.m. for the open session of regular City Council meetings and authorizing the Mayor to sign. CM052692 Page 5 of 6 Discussion and appropriate action regarding the Coppell Creative Playground Project: ~) Discussion and consideration of approval to exempt the Coppell Creative Playground Project group from permit requirements of the City of Coppell's Peddlers and solicitor's Ordinance No. 92538. 2) Consideration of a variance from Section 10-8- 4 of the City of Coppell Sign Ordinance, which concerns temporary signs. The variance is requested to locate the creative playground site and to identify progress in achieving monetary support for the playground. He Consideration of acceptance and approval of the final payment in the amount of $16,578.12 to Rhode Construction Company for the North Kaye Street Drainage Project. Discussion and consideration of approving a payment of $1,000.00 in support of Dividends, an economic development newsletter which is a publication of the Coppell Industrial Development Task Force directed toward educating the general public. The Council commended staff for the drainage work that has been done on Kaye Street. Mayor Pro Tem Smothermon moved to approve Consent Agenda Items 18-A through 18-I, with Item 18-C carrying Ordinance No. 92556, Item 18-D carrying Resolution No. 052692.1, Item 18-E carrying Resolution No. 052692.2, and Item 18-F carrying Ordinance No. 92557. Councilman Morton seconded the motion. The motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. EXECUTIVE SESSION (Closed to the Public) Item 5-ES A. Article 6252-17, Section 2 (e), Senate Concurrent Resolution Number 83, discussion with City Attorney concerning matter involving privileged communications between attorney and client. 1. Johnny Thompson 2. Barbara Austin 3. Home located at 221 Meadowcreek 4. D/FW Airport Expansion 5. Amy Jacobs re: EEOC claim The city Council convened into Executive Session at 10:11 p.m. as allowed under the above stated articles. Mayor Wolfe adjourned the Executive Session at 11:18 p.m. and opened the public session. REGULAR SESSION (Open to the Public) There being no further business to come before Council, the meeting was adjourned. Mark Wolfe, Mayor ATTEST: Dorothy Timmons, City Secretary CM052692 Page 6 of 6