Pecan Valley/FP-AG 930209r CONSENT AGENDA
ITEM CAPTION'
Consideration and approval of an ordinance providing for the abandonment of a portion
of a street easement located south of Beaver Run Drive, west of Block A, Lot 20, of
the Pecan Valley Addition, and authorizing the~ayor to sign.
SUBMITTED BY: ~
EVALUATION OF ITEM:
STAF~ Planning Director. Gary
OTHER REP.:
DATE:
C
BUDGET AMT.
AMT +/- BUDGET
COMMENTS:
N/A
AMT. ESTIMATED
FINANCIAL REVIEW BY
LEGAL REVIEW BY:
~GE~DA REQUEST FORJd P,~%'~F.J]) 1/91
January 12, 1993
Mr. Gary Sieb
Director of Planning and Community Service,,
City of Coppell
P.O. Box 478
Coppell, TX. 75019
"A New Beginning"
RE: Road Easement, Pecan Valley Subdivision, Coppell, Texas
Dear Mr. Sieb:
Based on my real-estate experience, my opinion is that the twenty-five (25) foot easement shown
on the Pecan Valley subdivision plat on Lot 20, Block A, has no real fair market value.
Please contact me if you need any further information.
Bob Brown
Sales Counselor
220 Park Boulevard, Suite 112 · Grapevine, Texas 76051 · (817) 481-7750
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ~ ~ ~ ~'~' i
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, PROVIDING FOR THE
ABANDONMENT OF A PORTION OF A STREET EASEMENT LOCATED WITHIN THE
CITY OF COPPELL, DALLAS COUNTY, TEXAS AND WITHIN THE LIMITS HEREINAFTER
MORE FULLY DESCRIBED; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE
A QUITCLAIM IN FAVOR OF THE OWNER OR OWNERS OF THE UNDERLYING FEE
SIMPLE; PROVIDING THATTHIS ORDINANCE MAY BE RECORDED WITH THE COUNTY
CLERK OF DALLAS COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE AND
ESTABLISHING AN EFFECTIVE DATE,
WHEREAS, the City Council of the City of Coppell, Texas, acting pursuant to law,
and upon the request of property owner Westchester Homes, deem it necessary and in
the public interest to abandon that portion of the street easement hereinafter described
and is of the opinion that such portion of said roadway easement is not needed for street
public use and that the same should be abandoned and quitclaimed in favor of the owner
or owners of the underlying fee simple; and
AGG038~O
WHEREAS, the City Council of the City of Coppell and the above mentioned
property owner(s) have agreed that upon the abandonment of said roadway easement
the City of Coppell shall have and exercise no further rights in and to said portions of said
roadway for street and roadway purposes and that said property owner(s) shall, in
consideration of such abandonment, assume all maintenance and responsibility for the
same; and
WHEREAS, pursuant to statutes of the State of Texas, the City of Coppell has the
power to abandon such street easement and convey such easement interest to property
owners owning the underlying fee simple; and
WHEREAS, the City Council of the City of Coppell finds, that said easement
overlays a small narrow strip of land that is owned by others in fee; that such narrow strip
of easement has no fair market value; that the continued maintenance of such narrow
strip of easement will exceed its present fair market value; and that it should be
abandoned in favor of the property owners of the underlying fee simple so that they may
assume maintenance and responsibility for the same; and
WHEREAS, the City Council of the City of Coppell finds that the best interest and
welfare of the public will be served by abandoning the easement hereinafter described in
favor of the property owners of the underlying fee simple. NOW, THEREFORE
BE It ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1. Pursuant to Section 272.001 Texas Local Government Code the
street easement described in Exhibit A and shown as the hash marked area of Lot 20 on
Exhibit B, said exhibits being attached hereto and made a part hereof, be and the same
is hereby abandoned and vacated insofar as any right, title and easement for public street
purposes are concerned and that such abandonment be in favor of the owners of the
underlying fee simple of said property. That this abandonment ordinance shall constitute
a quitclaim in favor of the owner or owners of the underlying fee simple of said Lot 20,
as shown on attached Exhibit B. That a certified copy of the this ordinance may be filed
in the deed records of Dallas County, Texas, to indicate such abandonment and
conveyance. That this abandonment, conveyance and relinquishment to the underlying
fee simple owners, provided for herein, shall extend only to the public street easement
or interest for street purposes that the governing body of the City of Coppell may legally
and lawfully abandon, vacate, and convey.
SECTION 2. If any article, paragraph or subdivision, clause or provision of this
ordinance shall be judged 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
declared to be invalid or unconstitutional.
SECTION 3. The City of Coppell acknowledges the findings set forth above to
be true and correct and hereby, in its legislative discretion, adopts and incorporates such
findings into this ordinance for all purposes.
SECTION 4.
passage as the law in such cases provides.
DULY P~ASS/ED by the City Council of the City of Coppell, Texas, the
of .,,,~,...c~4.,z.~ ,1993.
APPROVED:
This ordinance shall take effect immediately from and after its
day
ATTEST:
CITY SECRETARY
APPROVED AS TO FORM:
COO93-0108
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 ordinance is a full, true and correct copy of Ordinance No. ~?,$ :,--y / as the same
appears in the records of the official ordinance book of the City, having been adopted by
the City..~Cou~r~cil of the City of Coppell, Texas, on the 9 day of
,/~ ..,~_~,~.c~,"z.,~( ,19 .._~, and that I am the lawful possessor and have
legal custody of such ~ord.
WITNESS MY HAND A_ND, SEAL OF OFFICE at my office in Coppell, Texas, this
the ~.~_ day of /~~.~ ,19_~j~.
City Secret~j ~
City of Coppell, Texas
ACCESS EASEMENT
TO BE ABANDONED
BEING a 25 foot wide strip of land situated in the Alfred
Logsdon Survey, Abstract No. 783 in Dallas County, Texas and also
being part of Lot 20 in Block "A" of Pecan Valley, an addition to
the City of Coppell as recorded in Volume 91226, Page 4392 of the
Deed of Records of Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a point on the south line of a cul-de-sac for
Beaver Run Drive, said point being the northwest corner of the
above said Lot 20;
THENCE N. 88°17'12'' E., 25.00 feet along the said south line
of Beaver Run Drive to a point for corner;
THENCE S. 01°42'48'' E., 110.00 feet leaving the said south
line of Beaver Run Drive to a point for corner;
THENCE S. 88°17'12'' W., 25.00 feet to a point that is the
southwest corner of the above said Lot 20;
THENCE N. 01°42'48'' W., 110.00 feet along the west line of
said Lot 20 to the Point of Beginning and containing 2750 square
feet of land.
Westchester Homes
I~OIIJT OF 8£GINNING
,o~-C~ ltl ~1~ L_ L ~- Y
VOL. ql22~ ~ ,~. 4~q2
lq
AIF~°CO LOG~OOJ~ ~U~°~'~-Y~ ~ST,
16250 DALLAS PARKWAY T I00 JobNo.
(214) 931-0694 DALLAS , TEXAS 75248
,
Paragon Cable Franchise -- Mayor Pro Tem Smothermon stated there would be a meeting
on February 16, 1993 at 7:00 p.m. and the third member will be appointed.
Economic and Business Development Board -- Councilman Morton stated that the Board
met and discussed Vista Ridge and it was indicated there may be some zoning requests
coming forward.
PID -- Councilman Thomas reported that PID Board of Directors met on January 29, 1993
and that there will be an agenda item for the next Council meeting.
D/FW Airport Expansion -- Councilman Weaver stated he and Councilman Morton
attended the first meeting of the D/FW Noise Forum. Six people from Coppell were in
attendance.
Consent Agenda
24. A.
Discussion and consideration of approval of awarding Bid #Q-1292-02 for
acquisition of four (4) Police vehicles to Westway Ford, Inc., in the amount
of $49,258.00.
Be
Consideration and approval of awarding Bid Q-0193-02 for the lease-to-
purchase of 1993 automobile to Lee Jarmon Ford for a total not to exceed
$14,896.32.
Ce
Consideration and approval of an ordinance providing for the abandonment
of a portion of a street easement located south of Beaver Run Drive, east of
Block A, Lot 21, of the Pecan Valley Addition, and authorizing the Mayor
to sign.
Consideration and approval of an ordinance providing for the abandonment
of a portion of a street easement located south of Beaver Run Drive, east of
Block A, Lot 20, of the Pecan Valley Addition, and authorizing the Mayor
to sign.
Consideration and approval of an ordinance for a zoning change, Case
#S-1028, from (LI) Light Industrial to (LI-SUP) Light Industrial Special Use
Permit, to allow the operation of a serf-service car wash, on property located
near the southwest corner of MacArthur Boulevard and Beltline Road, and
authorizing the Mayor to sign.
Discussion and consideration of an ordinance creating the Cable Television
Review Board, repealing Ordinance g92563 and authorizing the Mayor to
sign.
Discussion and consideration to purchase materials and equipment necessary
to equip Trench Rescue Response Team to be utilized by the City of Coppell
and as our portion of the Regional Specialized Response Teanm now being
developed by the cities of Irving, Lewisville, Carrollton, Farmers Branch and
Coppell. The total amount of this request is $8,345.00.
Discussion and consideration to approve a $600.00 expenditure for the Cable
Review Board members to attend an upcoming TML workshop entitled
"What City Officials Need to Know' About the New Cable Act."
Item 24B was withdra~'n from consideration and Item 2411 was pulled for discussion.
Mayor Pro Tem Smothermon moved to approve Items 24A, 24C carrying Ordinance No.
93590, 24D carrying Ordinance No. 93591, 24E carrying Ordinance No. 91500-A-26, 24F
carrying Ordinance No. 93592, and 24G. Councilman Mayo 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.
Mayor Pro Tem Smothermon moved to approve Item 24H as submitted. Councilman
Morton seconded the motion; the motion carried 6-1 with Mayor Pro Tem Smothermon and
Councilmen Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the
motion, and Councilman Weaver voting against the motion.
The Executive Session was not called.
EXECUTIVE SESSION
(Closed to the Public)
25.
Convene executive Session
(Items Marked with (*) are not scheduled for "Regular Session" discussion or
consideration.)
Article 6252-17, Section 2(e), and Senate Concurrent Resolution Number 83,
discussion with City Attorney concerning matter involving privileged
communications between attorney and client.
1.* Longbranch
There being no further business to come before the City Council, the meeting was
adjourned.
Mark Wolfe, Mayor
ATTEST:
Dorothy Timmons, City Secretary
CM020993
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