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Waterside P1/Re-AG 921110~ ' CONSENT AGENDA AGENDA REQUEST FORM -,~^C~TYCOuN~LB..,~...EaTNG November 10. 1992 ITEM NUMBER .ITEM CAPTION: Consideration and approval of an ordinance abandoning unused utility easements located in Waterside Estates, Phase I subdivision, the specific lots being 13 and 19 in Block B, at the request of David Weekly Homes, and authorizing the Hayor to sign. SUBMI'I'rED BY: ~ EVALUATION OF ITEM' R~.: _Planning Director. Gary L..qieb STAFF OTHER REP.: DATE:. This request is similar to one addressed by City Council on the January 28 and Narch 10, 1992 meeting agendas. The applicant in the matter before you this evenin~ is endeavO~in8 to build smriss~in~ pools on the above referenced lots. Before that can be done, the utility easements - which are not bein~ used, incidentally -must be removed. Attached to this A~enda Request Fo~m is a copy of the affidavit signed by all utility companies directly affected by this proposed action, verifying that they have no use for this easement - that utilities were provided elsewhere on each property in ques- tiono APPROVED CITY DATE BUDGET AMT. AMT +/- BUDGET COMMENTS: N/A AMT. ESTIMATF. D FINANCIAL REVIEW BY LEGAL REVIEW BY: *,qLNE,* R£QULST FO~4 A,~'~ED t,'gl REVIEWED BY CM: AN ORDINANCE OF THE CITY OF COPPELL, TEXAS ORDINANCE NO. AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING CERTAIN UTILITY EASEMENTS~ ON LOTS 13 and 19, BLOCK B, WATERSIDE ESTATES PHASE 1, AN ADDITION TO THE CITY OF COPPELL, DALLAS COUNTY, TEXAS, PROVIDING THAT SUCH ABANDONMENT SHALL BE IN FAVOR OF THE ADJACENT PROPERTY OWNER OWNiN'G 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 notice of consent to abandon the same, copies of which are 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 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, AGGO~40D 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 five (5) foot utility easement at the rear of Lots 13 and 19, Block B, Waterside Phase 1, an Addition to the City of Coppell, Dallas County, Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040, Deed Records, Dallas County, Texas. Said lots also being shown on the plats attached hereto as Exhibits A and B, 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 right, 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. SECTION 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. DULY PASSED by the City Council of the City of Coppell, Texas, this the ,~ day of November, 1992. APPROVED: MAYOR ~ CITY SECRETARY APPROVED AS TO CITY A'I-rOR~ COO92-1104 ! ] UELECTRIC October 22, 1992 Mr. Brian Engelage David Weekly Homes 211Westwind Drive Coppell, Texas 75019 To Whom it May Concern: This letter is to advise that TU Electric has no objection to the abandonment of a existing 5 foot Utility Easement located at the rear of Lots 13 and 19, Block B of Waterside Estates No. 1, an Addition to tHe%city of Coppell, Dallas County, Texas, as recorded in Volume 91251, Page 3040 of Deed Records of said County. If you have any questions, please contact me at 323-8913. Customer Services Representative GH/dh EXHIBIT "1" P ........... · ,.-.,,-~,, ~:~z ootobor 30, 1992 GTE Telephone Operations Central Area P. O, Box 128 Lewisville, TX 75029-0126 City of Coppell Bryan Engelage- Weekley Homes Coppell, Tx. Dear sir: GTE Southwest In=orporated offers no objection to the abandonment of all utility ~auements in the Waterside Gubdivision Phase 1~ a~d more sgecifically the easement at the rear of ~ot 15, Of Dlock~9~ or au addressed by the Cit~ of Coppell as 930 MOOnlight Cove. 'The above mentioned easement is not currently being utilized by GTE. Should you have any questions concerning the above please call Ms. Jerry Davis at 214-31~-3810. Sincerely, Jerry Davis Engineer OSP A i~art of (';T£ COrl)or,~l..~ Lone Star Gas Company P.O. Box 151265' Irving, Texas 75015.-1265 214-253-$102 10-26-92 David Weekley Homes 211Westwind Drive Coppell , Texas 75019 ATT: Brian Engelage Builder Waterside Estates RE: Abandonment of easement - 928 Westwind - Lot 19 Block B- 930 Moon Light Cove Lot 13 - Block B . Dear Sir; Lone Star Gas Irving Distribution has no objection to the above lasted abandonment request and indicated on the attached exhibit . Sincerely , Fred Harris PARAGO N C A B L E November 2,1992 City of Coppell Attn: Bowman 255 Parkway Blvd. Coppell, Texas 75019 RE: 5' EASEMENT ABANDONMENT, DAVID WEEKLY HOMES, 211 WESTWIND DR, COPPELL, TX. With regards to the above referenced request, Paragon Cable of Coppell has no objections to abandoning 5' of the public utility easement on Lot-13, Block B, 930 Moonlight Cove; Lot-19, Block B, 928 Westwind Cove, Coppell. If we can be of any further assistance please feel free to call us at (214) 259-9903. Sincerely, Bill Morgan Construction Supervisor / 209 South Rogers, Irving, Texas 75060 214/259-8850 Owned by Amedcan Television & Communications Colp. and Houston Industries Inc. ~"IEA ~ 0 WGL~N ~ REPLAT WATERSIDE ESTATES NO.I I (~t LOTS I B.I~. & C.R.~. SiJ~V~Yt ABSTRACTNO. 199 N 0°25 /32. MIN. CV. 3 $ ° I$ '.47 "E 108./5' 453. OO 257. Z3' .., /05. 00' z7 g~. O0 /6 ?,,liN. F..~. · 4~_~. O0 /5 7-42 ~-~'-~ C~. 7' 83. OZ' Im 5'/. ~o .~ m IO'X 10' 77. RTL. 45'3. O0 20' Dt~A INAGE UTILITY /4 DAM ~..54" ",~ '4" ..2..T..5~ .T- 4~'J. 50 ~ '~5~ 7'3O ,""..--- 7-35 T32 20' PlA/A/wE/VA F< ,ACCESS (voL. ,BRICKt ACME CASA ROYAL PAINT~ HEATHERSTONE SODOED AREA 4' WROUGHT IRON FENCE 4.50.4 lEON FENOE F,F. -- 4~7.0 57'-11' N B34, B : THE TOP Of' SLA8 MUST BE: SET A MINIMUM ,OF 2-2x6'S AI~)VE THE. HIGHEST GRADE ELEVATION OF THE BUILDING PAD. 17' LOT COY,: 2~X '1 do herlby cer{ll~ thot thit dro~ln~ ot plon ~ rMab,d mpeol?m(~tio,~ rant wll I(~ml ;odw requlriment~ Ore III VA. /92 T Br e_e~k~.l...~y ,_I-I~ o rn e s uubd;v: lot.: 928 WESTWlND COVE date: 2-28-9 LAKES OF' COPPELL ob: 4 :~onel: 4 ,Ik: B sect: 1 lion: N Mayor Pro Tem Smothermon stated that several people have asked him when the parking lot of Kid Country would be open. Mayor Wolfe stated it will be open in three weeks. Councilman Thomas commended Scott Stafford of the Metrocrest News for his excellent article on Discount City Carrollton Ponders Value Trend in Home Sales. City Manager Alan D. Ratliff shared with Council that Staff logged in over 350 hours at no cost to the City of volunteers who participated in the Kid Country project. 26. Liaison Reports Li~ - Councilman Garrison stated the Library Board met. Park Board - Councilman Robertson stated the Park Board met and presented their shopping list for the 1/2 cent sales tax. They also presented the presentation for Mesa on the concession and restroom facilities at the community park by Kid Country. They will consider building materials. They also presented various materials for signage. Councilman Mayo added that the dedication of the sign to commemorate the key people of Kid Country will be pushed into the Spring, in order for accurate research to be done so none of the names of these individuals would be left off. Finance Commit,~ - Mayor Pro Tem Smothermon stated the Finance Committee met and reviewed the proposal by the Municipal Administrative Services to do an audit of the franchise taxes. Economic and Business Development Board - Councilman Morton stated the Board is working diligently to develop a strategic plan and enter into a contract with the Chamber for bond services. 27. A. Consider approval of a final plat of Chambers Addition, located along the north side of Bethel Road, approximately 1,167 feet east of the centerline of Coppell Road, at the request of Chambers & Shafer, Inc. To consider approval of an ordinance for Case #ZC-533 to change the zoning designation from (SF-12) Single-Family-12, to (SF-9) Single-Family-9, on a parcel of and located along the north side of Sandy Lake Road, east of All,ncr,st Lane and west of Trailwood Lane, and authorizing the Mayor to sign. To consider approval of an ordinance for Case #ZC-535 to change the zoning designation from CrH-1) Town House-l, to (SF-7) Single-Family-7, on a parcel of land located at the northwest corner of MacArthur Boulevard and Parkway Boulevard, and authorizing the Mayor to sign. Consideration and approval of an ordinance abandoning unused utility easements located in Waterside Estates, Phase I subdivision, the specific lots being 13 and 19 in Block B, at the request of David Weekly Homes, and authorizing the Mayor to sign. Approval of entering into a contract with the Houston-Galveston Area Coop (I-IGAC) for the purchase of one (1) 1993 ambulance in the amount of $70,023.52 and authorizing the Mayor to sign. Approval of entering into a contract with the Houston-Galveston Area Coop (HGAC) for the remount of one (1) 1986 ambulance in the amount of $35,184.69 and authorizing the Mayor to sign. CMl 11092 Page 8 of 9 Consideration and approval of a license agreement With DART necessary for the construction, installation and maintenance of the 24' sanitary sewer main as part of the Grapevine Creek Branch I sewer project, and authorizing the City Manager to sign. Discussion and consideration of approving a final payment to Albert It. IIalff & Associates, Inc. in the amount of $868.70 for providing professional engineering services to design Sandy Knoll/Shadowcrest (Stage I) drainage improvements, and Sandy Knoll/Woodhurst pavement. Discussion and consideration of sponsoring a table for ten (10) at the YMCA Fund Raising Ball to be held on November 13, 1992, at a cost of $1,000.00 and directing staff to initiate action to appropriate the necessary funds, as requested by Councilman Ron Robertson. Mayor Wolfe announced Item 27-I will be removed from the Consent Agenda Items for separate consideration. Mayor Pro Tern Smothermon moved to approve Consent Agenda Items 27 A-H with 27-B carrying Ordinance number 91500-A-22, 27-C carrying Ordinance number 91500-A- 23, and 27-D carrying Ordinance number 925801 Councilman Thomas 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. 27-1 Mayor Pro Tem Smothermon moved to approve Item 27-I as stated. Councilman Thomas seconded the motion. The motion carried 7-0 with Mayor Pro Tern Smothermon and Councilmen Weaver, Thomas, Morton, Mayo, Robertson and Garrison voting in favor of the motion. Mayor Wolfe closed the Regular Session and opened the Work Session. WORK SESSION (Open to the Public) Work Session: A. Status Report on Grapevine Creek, Branches I and II - City Engineer B. Status Report on Library Building Plan - Director of Planning/Library Mgr. C. Review of Purchase of Ambulances (Items//27E and ff27F) - Fire Chief D. General Discussion of Agenda Items Mayor Wolfe adjourned the Work Session and opened the Regular Session. There being no further business to come before the City Council, the meeting was adjourned. Mark Wolfe, Mayor Dorothy Timmons, City Secretary CMl11092 Page9 of 9