Lake Park/FP-AG 920310 AGENDA REQUEST FORM
City Wi~ A 8~autdtt fq~tu~
ITEM CAPTION;
Consideration and approval of an ordinance abandoning unused utility easements located in
Lake Park subdivision, the specific lots being 5, 0, 2{. 22 and 2B in Block E, at the request
of Eon Robertson, and authorizing the Mayor to sign.
BY: ST___ __ ~,.._ .
OTHER ~P.:
EV~UATION OF ITEM: DATE:
This re~est is similar to one addre~d by City Council ~ the January 28, 1092 meeting agenda
(Item 1~F), located at 232 Cove Drive. The applicant in the matter before you this evening
(Eon Robert~n) is endeavoring to build swimming pools on the above referenced Io~. Before
that can be done, the utility ea~ments - which are not being ~d, incidentally - m~t be
removed. Attached to this Agenda Request Form is a copy of the affidavit signed by all utility
companies directly affected by this propo~d action, verifying that they have no ~ for this
ea~ment--that utilities were provided el~where on each property in question.
BUDGET AMT.
AMT +/- BUDGET
COMMENTS:
LEG.AL REVIEW BY:
AGENDA REQUEST PORM REVISED 1/91
AN ORDINANCE OF THE CITY OF COPPELL, TEXA~
ORDINANCE NO. C/~,5" ~ /
AN ORDINANC;E OF THE CITY OF COPPELL, TEXAS, ABANDONING
CERTAIN UTILITY EASEMENTS ON LOTS 5, 9, 21,22, AND 28, OF BLOCK
E, WATERFORD AT LAKE PARK ADDITION TO THE CRY OF COPPEM.,
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, copy of which Is attached hereto as Exhibits B and made a part hereof for all
purposes; and
WHEREAS, the City Council of the C'~y of Coppell has determined that the interest
of the City and the public therein should be abandonS; and
WHEREAS, the current owners of the properties on which said easements exist
desire that such easements be abandoned; and
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 o1' We C.,Ity of
Coppeil, Texas, are no longer needed or necessary for city or public purposes and
should be abandoned in favor of the ourrent 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 mar of Lots 5, 9, 21, 22, and 29, of
Block E, Waterford At Lake Park, an AddiSon 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 hereto as Exhibit A, 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 rellnquishas all
such public interest the City may have in and to said easements to the underlying fee
simple owner of each of said iota.
SEC'nON
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
imerest 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, o~auee or phrase thereof be declared unconstitutional or void, such deelaratfon
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 provicles.
of
DU.~,LY)=AS$~;D by the City Council of the City of Coppel~, Texas, this th~ /o
~,~,,~~, 1~2.
APPROVED:
MAYOR
ATTEST:
C0092-0229.2
AFFIDAVIT OF CONSENT OF UTILITY COMPANIES
TO ABANDON UTILITY EASEMENT
Date: February 26, 1992
Property:
Lots 5, 9, 21, 22 and 28, Block E. Waterford at Lake 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 9170, 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 have interests therein are T.U. Electric, Lone
Star Gas, General Telephone, and Paragon 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 B
AGG02218
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 ~',..~ /7,. c ~ , 1992.
T.U. ELECTRIC COMPANY
Name: ~ ~ .'-TZ'c.,.~.~..~
LONE STAR GAS COMPANY
GENERAL TELEPHONE COMPANY
Name:
T~le: u '""'-
Engineer
STATE OF TEXAS
COUNTY OF DALLAS
This instrument
was acknowledged be[ore~ me o1~ the ~.~-~'[q day
, 1992, by (/,~, l(~ F~,K1 ~--C~I~ ~ ,
on behalf of T.U. Electric Company.
of
[.*~,.'"~.~ NOTARY PUBLIC
L-,,~ ~.~J..,~ State of Texas
NOTARY PUBLIC, STATE OF TEXAS
Notary's Printed Name
/_~ ~' ~'-~ ~/_~
Notary's Commission Expires
STATE OF TEXAS
COUNTY OF DALLAS
This instrument
was acknowledged before me on the 5-~ day of
on behalf of Lone Star Gas Company.
NOT.4~::{Y PUBLIC/STATE OF TEXAS
Notary's Printed Name
Notary's Commission Expires
STATE OF TEXAS
COUNTY OF DALLAS
This instrument
was acknowledged before me on the
, 1992, by '~'-¢rrZ1 "~
on behalf Of General Telephone Company.
day
of
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
x x
x ~:;,~ X
xx ;:,.~ ........ ~; DINAH R. RICHARDS x
X ~? ...... :~ NOT~ PUBLIC - T~ X X
x M~ Co,~ss~oN E~ x
x x
~.-.~;...~.~;/ JUN-: 20, 1994 x
x x
XXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXXX
U C, S ATE OF TEXAS
Notary's Printed Name
Notary's Commi§sion Expires
STATE OF TEXAS
COUNTY OF DALLAS
This instrument
I
was acknowledged before me on the .~'
, 1992, by
on behalf of Paragon Cable.
day of
XXXXXXXXXX~.XXXXXXXXXXXXXXXXXXXXXXXXX
/~..~.,.:.L CAROLYN $. McPI'tERSON
Notary Public - State of Texas
My Commissi0t~ Exi)lres 12/10192
XXXXXXXXXXXXXXXXXXXXXXXXXXXX×XXXXXX
Notary's Printed Name
Notary's Commission Expires
Report from Larry Jackson on D/FW Expansion
Status of lawsuits
C. Article 6252-17, Section 2 (g), discussion
concerning personnel.
1. Park Board alternate appointment
2. City Manager's evaluation
The City Council convened into Executive Session at 9:47 p.m. as
allowed under the above stated articles. Mayor Wolfe adjourned the
Executive Session at 10:05 p.m. and opened the public session.
REGULAR SESSION
(Open to Public)
Item 25
PUBLIC HEARING: Consideration and approval of a partial
replat of the Kimbel Addition, located at the northeast
corner of Village Parkway and MacArthur Boulevard, at the
request of the Coppell Independent School District.
Director of Planning, Gary Sieb made the presentation. Mayor Wolfe
declared the Public Hearing open and asked if there were any
persons who wished to speak in favor of this proposal. There were
none. He then asked for those persons wishing to speak against
this proposal. Again, there were none. Mayor Wolfe declared the
Public Hearing closed. Robert Howman of Ayers Associates and Mike
Elmore of SHWC Architects representing the School District,
addressed the traffic study and impact fees. Keith Jackson made a
presentation to the Council to request that school district change
fencing along Oakwood to a four foot fence. Following a lengthy
discussion, Mayor Pro Tem Smothermon moved to deny approval of
partial replat of the Kimbel Addition, requested by the Coppell
Independent School District, waive any further fees and not require
the applicant to return to Planning & Zoning. Councilman Weaver
seconded the motion. The motion carried 4-3, with Mayor Pro Tem
Smothermon and Councilmen Weaver, Morton and Cowman voting in favor
of the motion and Councilmen Thomas, Robertson and Nelson voting
against the motion. After further discussion, Councilman Robertson
moved to reconsider Item #25. Councilman Morton seconded the
motion. The motion carried 6-1, with Mayor Pro Tem Smothermon and
Councilmen Thomas, Morton, Cowman, Robertson and Nelson voting in
favor of the motion and Councilman Weaver voting against the
motion. After further discussion, Councilman Robertson moved to
approve the partial replat of the Kimbel Addition with the
following conditions: 1) a traffic study be done based on Village
Parkway and MacArthur only to determine where the traffic light, if
needed, should be located; 2) the parking area be allowed to be 5"
thick; 3) denying item #5- 4' black vinyl coated chain link fence;
4) asking the school to work with the developer to the north; and
5) hold item #3 impact fees to be waived, as a separate agenda
item. Councilman Nelson seconded the motion. The motion carried 5-
2 with Councilmen Thomas, Morton, Cowman, Robertson and Nelson
voting in favor of the motion and Mayor Pro Tem Smothermon and
Councilman Weaver voting against the motion.
Council Member Nelson moved that the impact fees not be waived in
this case. Councilman Morton seconded the motion. The motion
carried 6-1 with Mayor Pro Tem Smothermon and Councilmen Weaver,
Thomas, Morton, Cowman and Nelson voting in favor of the motion and
Councilman Robertson voting against the motion.
Discussion followed.
Item 26
Consideration and approval of an ordinance abandoning
unused utility easement located in Lake Park subdivision,
the specific lots being 5, 9, 21, 22 and 28 in Block E.
at the request of Ron Robertson, and authorizing the
Mayor to sign.
Councilman Robertson excused himself due to conflict of interest.
The appropriate form has been filed with the City Secretary.
Councilman Nelson moved to approve Ordinance No. 92541, abandoning
unused utility easements located in Lake Park subdivision, the
CM031092
Page 8 of 12
specific lots being 5, 9, 21, 22 and 28 in Block E. at the request
of Ron Robertson. Mayor Pro Tem Smothermon seconded the motion.
The motion carried 6-0 with Mayor Pro Tem Smothermon and Councilmen
Weaver, Thomas, Morton, Cowman and Nelson voting in favor of the
motion. Councilman Robertson rejoined the council at this time.
Item 27
To consider an ordinance for Case #S-1050, to change the
zoning designation from (LI) Light Industrial to (LI.SUP)
Light Industrial Special Use Permit, on a parcel of land
located at the southeast corner of Corporate Park Drive
and S.H. 121, and authorizing the Mayor to sign.
Director of Planning, Gary Sieb made a presentation to the Council.
Council Member Cowman moved to deny the adoption of the ordinance
granting the zoning for case #S-1050, changing the designation from
(LI) Light Industrial to (LI.SUP) Light Industrial Special Use
Permit, on a parcel of land located at the southeast corner of
Corporate Park Drive and S.H. 121, on the grounds that the zoning
was for a Temporary Batch Plant and the applicant is no longer in
business. Councilman Morton seconded the motion. The motion to
deny carried 7-0, with Mayor Pro Tem Smothermon and Councilmen
Weaver, Thomas, Morton, Cowman, Robertson and Nelson voting in
favor of the denied motion.
Item 28
Discussion and consideration of appointing a Council task
force/subcommittee to work with the CISD and the Coppell
Chamber of Commerce to develop a format, methodology, and
schedule for joint meetings with newcomers.
Mayor Pro Tem Smothermon moved to approve and appoint Council
Members Robertson and Nelson to work with the CISD and the Coppell
Chamber of Commerce to develop a format, methodology, and schedule
for joint meetings with newcomers. Councilman Morton seconded the
motion. The motion carried 7-0, with Mayor Pro Tem Smothermon and
Councilmen Weaver, Thomas, Morton, Cowman, RobertsOn and Nelson
voting in favor of the motion.
Item 29 Mayor's Report
A®
Mayor Wolfe announced that the Texas Waste Management uniform
recycling date will start April 1, 1992.
Mayor Wolfe announced there is a move within the Regional
Transportation council to reconfigure Mayor Wolfe's voting
member representation of Coppell, Flower Mound, Lewisville,
and Grapevine. There is a reconsideration to pull Grapevine
from the list and put in Farmers Branch and Addison.
Ce
Anna Workman made a presentation of her program, Friendly
Greetings by Anna, Inc. Anna has prepared a binder to be
given to every newcomer to Coppell. Anna wishes to use the
City of Coppell logo, place information about the city in the
binder, and use gifts from sponsors, provided in a separate
bag. Mayor Wolfe stated that what she needs from the council
is a consensus of council to allow the use of the city logo.
Mayor Wolfe asked Anna to place a disclaimer in the book
stating that the book is not a city endorsed project.
Consensus of council was in favor of allowing the request for
use of the city logo as long as the disclaimer statement is
included.
Councilmen Morton and Robertson statedthatMr. L.D. Evans had
brought to their attention that, under the sign ordinance, any
type of sign that is erected requires a $100.00 fee. The RTC
requires that a sign be placed at each RTC property listing.
Councilman Morton requested that one sign beallowed, up to 16
square feet (4' X 4'), at no fee. City Manager Alan Ratliff
suggests a consensus of Council to begin the process.
Consensus of Council was in favor of allowing this request and
drafting an ordinance to this effect.
E. Council Member Thomas emphasized the DARE Graduation, Thursday
CM031092
Page 9 of 12
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