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