CC approval on 5/26/92CONSENT AGENDA
AGENDA REQUEST FORM
Th~ C,~f Wi~ A B~a~t,f~l ~'e
CITY COUNCIL MF~TING May 26. leg2 ,TAM NUMBER
iTEM CAPTION:
Consideration and approval of a Resolution to encroach upon a utility easement, located in
Northlake Woodlands No. 7 Addition, Lot g, 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.
SiBMITTED BY:~
~a Gary
STAFF R ' nning Director. L.
OTHER REP.:
DATE:
During a survey of the referenced property, it was discovered that an existing swimming pool
encroached upon this utility easement from approximately 6" to 1foot. All utility companies
have reviewed this request and by copy of this resolution have no problems with granting the
encroachment. Staff recommends approval of this resolution.
BUDGET AMT.
AMT +/- BUDGET
COMMENTS:
N/A
AMT. ESTIMATED
FINANCIAL REVIEW BY,
LEGAL REVIEW BY:
AGE.'~DA AEQUF_ST FOP--M FLLrVIS.ED b'gl
,/ -
RESOLUTION OF THE CITY OF COPPELL, TEXAS
RESOLUTION NO. ~.5'...7~. ~,~. !
A RESOLUTION OF THE CITY OF COPPELL, TEXAS, CONSENTING TO THE
ENCROACHMENT INTO A UTILITY EASEMENT; PROVIDED THAT SUCH RESOLUTION
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
there is no need to require removal of the structures encroaching into that certain 7.5 foot
utility easement located along the rear of Lot 9, Block E, of Northlake Woodlands No. 7,
an addition to the City of Coppell, Dallas County, Texas, according to the plat recorded
in Volume 79122, Page 2025, Map Records of Dallas County, Texas; and
WHEREAS the utility companies having an interest therein have filed their consent
to the encroachment into said utility easement, 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 would be best served by consenting to such encroachment into
the utility easement to the extent shown on the survey plat attached to said Exhibit "1";
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 hereby consents to the
encroachment into the above described utility easement to the extent shown
on the survey plat attached to exhibit "1" of this resolution.
Section 2.
The consent set out herein shall be a covenant running with the land for the
benefit of the owners, their heirs, successors and/or assigns.
Section 3.
The consent authorized herein shall not be construed as an abandonment
of said easement and such encroachment shall be limited to that shown on
the survey plat attached to exhibit "1"
Section 4.
A certified copy of this resolution may be filed in the deed records of Dallas
County, Texas.
Section 5.
This resolution shall take effect immediately from and after its passage as
the law in such cases provides.
AGGO263A
of
~,/rzDULY PASSED by the City Council of the City of Coppell, Texas this the ~-~
q ,1992.
! qAPPROVED:
day
APPROVED AS TO FORM:
CERTIFICATE OF CITY SECRETARY
STATE OF TEXAS
COUNTY OF DALLAS
CITY OF COPPELL
I, the undersigned, City Secretary of the City of Coppell, Texas, a municipal
corporation, in the performance of the function of my office, hereby certify that the
attached resolution is a full and correct copy of Resolution No. (~..~;,2/~ ,'),,~./as the same
appears in the records of the official resolution book of the City of Coppell, Texas, having
been adopt, ed by the City Council of the City of Coppell, Texas on the ~ g day of
'~//~"-L , 199 ~ , and that I am the lawful possessor and have legal
custody bf~ich record.
the
(Seal)
WITNESS MY HAND A~I~ SEAL OF OFFICE at my office in Coppell, Texas, this
,.,Z day of~ ,199 ~ .
D6F0thy Tint.City Secretary
City of ColWell, Texas
UTILITY COMPANY CONSENT
TO ENCROACH INTO UTILITY EASEMENT
Property:
LOT NINE (9), BLOCK E, of NORTHLAKE WOODLANDS NO. 7, an Addition
to the City of Coppell, Dallas County, Texas, according to the plat recorded
in Volume 79122, Page 2025, Map Records of Dallas County, Texas.
Owner:
Bryan E. Jones and wife, Sandra G. Jones
Utility Easement:
That certain 7.5 utility easement across the rear of the above mentioned Lot
9 as reflected on the map of Northlake Woodlands No. 7, an Addition to the
City of Coppell, Dallas County, Texas, according to the plat recorded in
Volume 79122, Page 2025, Map Records of Dallas County, Texas.
WHEREAS, the above mentioned utility easement is a blanket easement for the
benefit of the City of Coppell, Texas, and the utility companies, as certified on the
subdivision plat mentioned above; and
WHEREAS, the utility companies listed on the plat of said subdivision are TU
Electric Company, Lone Star Gas Company, General Telephone Company, and Paragon
Cable; and
WHEREAS, a single family residential dwelling with fences, swimming pool,
decking and other improvements have been constructed on said property by prior
owners, some of which encroach into the above mentioned easement to the extent shown
on the survey attached hereto as Exhibit "A" and incorporated herein by reference for all
purposes.
NOW, THEREFORE, PREMISES CONSIDERED, each of the aforesaid utility
companies do hereby consent to the encroachment into said easement to the extent such
encroachment is reflected on Exhibit "A". This consent shall be a covenant running with
the land for the benefit of the above mentioned owners, their heirs, successors, and/or
assigns.
EXECUTED this ,/'-.-~ day of ~r ~ '/ , 1992'
TU ELECTRIC COMPANY
By: ~jJ
Printed Name: ' ~/~,~ ~ ~.c ~,~
Exhibit "1"
LONE STAR GAS COMPANY
GENERAL TELEPHONE COMPANY
PARAGON CABLE
Printed Name,: '"~o~' /Y~e/oc/-/
Title:,,~,, ,,c, ,~' ~"d./6.
STATE OF TEXAS
COUNTY OF DALLAS
CORPORATE ACKNOWLEDGEMENT
This instrument was acknowledged before me on the
199_,~ by (.---~ ~."'.~ ~.~1 i~'-~-< L.~], ,-~ ..~ ,.._ , ,.~-_.~,.
of
(name of officer)
(name of corporation)
My Commission Expires:
(title of officer)
'-~'-~:'~ ~L-~'i~__..._. on behalf of said corporation.
BECKY DAVIS Nota~ Public, State of~exas
State of Texas .
' ¢-~~~-¢~¢-¢¢'-' ~nted Name of Not~Public ' ~
CORPORATE ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the
199-'.~--, by
(name of officer)
(name of corporation)
day of ,
(title of officer)
'~ x' ~ , on behalf of said corporation.
'~ (stat~ of in~oYporation)
Printed Name of Notary Public
My Commission Expires:
STATE OF TEXAS
COUNTY OF DALLAS
CORPORATE ACKNOWLEDGEMENT
This instrument was acknowledged before me on the day of
(name of offi~r) ~ (title of ~r)
.... tname ot ~rporation) -~ (s~te of in~rporation) -~' ....... ~. ~---~'~
~;..~,;;c/ f-~:,~;e o~exas ( Nota~ Public, State of Texas
d~ed 'Name
· ~ ~ Pri of Nota~ Public
My Commission Expires:
CORPORATE ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the ~7'~.c~
,/ (name of officer)
of
(na~/ o~ corporation)
day of ~
, on behalf of said corporation.
(state of incorporatio~,/,~/~.~~//~~~/'//
Notary PLJt~Iic, State of Texas
Printed Name of Notary Public
LAWRENCE W. JACKSON
TIM KIRK
ROBERT L. DILLARD III
ROBERT D. HEMPHILL
ROBERT I. DILLARD, JR.
H. LOUIS NICHOLS
OF COUNSEL
NICHOLS, JACKSON, KIRK & DILLARD
(Formerly Sallinger, Nichols, Jackson, Kirk & Dillard)
Attorneys & Counselors at Law
1800 Lincoln Plaza
500 N. Akard
Dallas, Texas 75201
(214) 954-3333
Facsimile (214) 954-3334
ROBERT e HAGER
PETER G. SMITH
JOHN PIERCE GRIFFIN
DAVID M. BERMAN
JOHN F. ROEHM III
BRUCE A. STOCKARD
April 30, 1992
Ms. Taryon Bowman
Planning and Zoning Coordinator
P.O. Box 478
Coppell, Texas 75019
Dear Taryon:
Enclosed is a resolution consenting to the utility encroachment on the Jones
property. Attached to the resolution as Exhibit "1" is the consent form that needs to be
signed by each utility company before a notary. When the original in the blueback is
executed by each utility company you could then make the necessary copies and put it
on the agenda for adoption by the City Council.
If you have any question please give me a call.
Very truly yours,
LWJ/hs
NICHOLS, JACKSON, KIRK & DILLARD
· - -' ~14/~B,,,'92 14:;~3 CITY OF COPPELL
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lot. No ......................................... _g. ........................... Block No ...... ~ . . , City Block 1,4o · _,
.of- __.. N.-.O,O~,?!..L'A,K_.I~ .._~.O,~_.D_L*_~AN__~..5.._.N,~.,~ ..? .......... ...., ....... an addilJon Io Ihe City of. _. C..~.~..e. l]. ....
I'o~u$. u~.¢C, dh~g lo Ihe..
'~'~J~,/~' Exhibit "Ass
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CONSENT AGENDA
Item 18 A.
Be
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 COMMITTEE (DRUG
AWARENESS)
There was no report at this time.
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 Waterford at 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 City 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:
l)
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