Waterside P1/Re-AG 930525{TEM CAPTION:
Coustderatiou smd approval of an ordinance for the abandonment of a 5 foot public
utility easement ~n the Waterside Estates Addition, Phase I, Block B, Lots 1-2~/,
located along the south side of Parkway Boulevard, west of NacArthur Boulevard~ at
the request of the City of Coppell, and authorizing the Nayor to sign.
SUBMI']-I'ED BY:~
{~VALUATION OF ITEM:
OTHER REP.:
DATE'
Several months ago, David Weekly Homes requested the abandonment of the 5 foot
public utility easement, which is located in the rear yards of the lots adjacent
to the canal. Council has already approved two separate requests on individual
lots within the Waterside Addition, and so Councilman Robertson suggested that we
abandon the easement on all the lots adjacent to the canal, in order to eliminate
confusion.
Approval of this item will prevent further requests for encroachments on this
public utility easement.
BUDGET AMT.
AMT +/- BUDGET
COMMENTS:
N/A
AMT. ESTIMATED
FINANCIAL REVIEW BY
LEGAL REVIEW BY:
AGL~DA R~QUEST FORM R~4'~,F.D L'91
REVIEWED BY CM:
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. 9 3 ~'~,-~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING
CERTAIN UTILITY EASEMENTS ON LOTS 1, 2, 3, 4, 5, 6, 7, 8, 9, 12, 13,
'14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, AND 27, OF BLOCK B,
WATERSIDE ESTATES NO. 1, AN ADDITION TO THE CITY OF COPPELL,
DALLAS COUNTY, TEXAS, AS SHOWN ON THE PLAT THEREOF
RECORDED IN VOLUME 91251, PAGE 3040, PLAT RECORDS, DALLAS
COUNTY, TEXAS; PROVIDING THAT SUCH ABANDONMENT SHALL BE
IN FAVOR OF THE ADJACENT PROPERTY OWNERS OWNING THE
UNDERLYING FEE SIMPLE OF EACH LOT; 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 exists
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,
AGG03F47
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 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 1, 2, 3, 4, 5, 6, 7, 8, 9, 12,
13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B, Waterside Estates
No. 1, An Addition to the City of Coppell, Dallas County, Texas, as shown on the
plat thereof recorded in Volume 91251, Page 3040, Plat Records, Dallas County,
Texas, Said lot 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 relinquishes all
such public interest the City may have in and to said easements to each underlying fee
simple owner of said lots.
SECTION 3.
That the abandonment of the City's interest in said easements shall constitute a
quitclaim in favor of each of the underlying fee simple owners 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.
of
DULY PAS~ED by the City Council of the City of Coppell, Texas, this the
?.FO~ , 1993.
MAYOR
ATTEST:
APPROVED AS TO FORM:
COO93-0426
CITY ~-ECRETARY
l I
kVE S T WINO
,,,.~,. ORIVE
FINAL .PLAT
WATERSIDE ESTATES NO.I
CIICR. ~.~V[Y, ABSTRACT NO. 199
STATE OF TEXAS
COUNTY OF DALLAS
AFFIDAVIT OF CONSENT OF UTILITY COMPANY
TO ABANDON UTILITY EASEMENT
Utility Easement:
Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8,
9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B,
Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County,
Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040,
Plat Records, Dallas County, Texas.
Whereas, said lots and tracts of land are subject to the utility easement mentioned
above; and
Whereas, said utility easements are blanket easements for the benefit of utility
companies, as set out on the plat above named; and
Whereas, the Owners of said lots desire to have the easements abandoned; and
Whereas, all utilities have 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.
Now, Therefore, premises considered, the undersigned utility consents to the
abandonment of the 5 foot utility easement located at the rear of each of the above
mentioned lots and does hereby fully release and abandon its rights in and to the
aforesaid platted easements and requests the City of Coppell to take such further action
as is necessary to fully abandon said easements.
EXECUTED this /// day of ~..
, 1993.
PARAGON CABLE COMPANY
EXHIBIT "1"
STATE OF TEXAS
COUNTY OF DALLAS
CORPORATE ACKNOWLEDGMENT
This instrument was acknowledged be$ore me on the
199_.,~_, by ,l~o~ l~_a £~oejJ~ .
(name of officer)
of ~ ~c. ~,~C~.~I~_ ,
(name of corporation)
on behalf of said corporation.
My Commission expires: ] o / 17/q/~
/
(state of Incorporation)
'Notar~ Public, Sta, t/e of Texas
Printed N~me of Notary
STATE OF TEXAS
COUNTY OF DALLAS
AFFIDAVIT OF CONSENT OF UTILITY COMPANY
TO ABANDON UTILITY EASEMENT
Utility Easement:
Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8,
9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B,
Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County,
Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040,
Plat Records, Dallas County, Texas.
Whereas, said lots and tracts of land are subject to the utility easement mentioned
above; and
Whereas, said utility easements are blanket easements for the benefit of utility
companies, as set out on the plat above named; and
Whereas, the Owners of said lots desire to have the easements abandoned; and
Whereas, all utilities have 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.
Now, Therefore, premises considered, the undersigned utility consents to the
abandonment of the 5 foot utility easement located at the rear of each of the above
mentioned lots and does hereby fully release and abandon its rights in and to the
aforesaid platted easements and requests the City of Coppell to take such further action
as is necessary to fully abandon said easements.
EXECUTED this .~ ~..~ day of ~ ~7f ,1993.
T.U. ELECTRIC COMPANY
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged.before me on the
day of
199~L, by d_~/~-~,~. .~'~(/~,~ , ~'~'v~_
(name of officer) (title of officer)
(name of corporation) (state of Incorporation)
on behalf of said corporation.
My Commission expires:
Notary Public, Sta~ of Texas '-
Printed Name of Notary .
STATE OF TEXAS
COUNTY OF DALLAS
AFFIDAVIT OF CONSENT OF UTILITY COMPANY
TO ABANDON UTILITY EASEMENT
Utility Easement:
Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8,
9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B,
Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County,
Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040,
Plat Records, Dallas County, Texas.
Whereas, said lots and tracts of land are subject to the utility easement mentioned
above; and
Whereas, said utility easements are blanket easements for the benefit of utility
companies, as set out on the plat above named; and
Whereas, the Owners of said lots desire to have the easements abandoned; and
Whereas, all utilities have 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.
Now, Therefore, premises considered, the undersigned utility consents to the
abandonment of the 5 foot utility easement located at the rear of each of the above
mentioned lots and does hereby fully release and abandon its rights in and to the
aforesaid platted easements and requests the City of Coppell to take such further action
as is necessary to fully abandon said easements.
EXECUTED this ~ day of /Y)/~ "/
, 1993.
LONE STAR GAS COMPANY
Name:
Title:
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the
199,'~, by ~r'q,,~ ~, '7-~/' ,
(n~ime of officer)
(name of corporation) (state of Incorporation)
on behalf of said corporation.
/,~7~ day of //~.5~ ,
.~;//-J. z~- ,~ £/,, ,
(title of officer)
Notary Public, State ~(TeXas
My Commission expires:
Printed Name of Notary
STATE OF TEXAS
COUNTY OF DALLAS
AFFIDAVIT OF CONSENT OF UTILITY COMPANY
TO ABANDON UTILITY EASEMENT
Utility Easement:
Being a five (5) foot utility easement at the rear of Lots 1, 2, 3, 4, 5, 6, 7, 8,
9, 12, 13, 14, 15, 16, 19, 20, 21, 22, 23, 24, 25, 26, and 27, of Block B,
Waterside Estates No. 1, an Addition to the City of Coppell, Dallas County,
Texas, as shown on the plat thereof recorded in Volume 91251, Page 3040,
Plat Records, Dallas County, Texas.
Whereas, said lots and tracts of land are subject to the utility easement mentioned
above; and
Whereas, said utility easements are blanket easements for the benefit of utility
companies, as set out on the plat above named; and
Whereas, the Owners of said lots desire to have the easements abandoned; and
Whereas, all utilities have 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.
Now, Therefore, premises considered, the undersigned utility consents to the
abandonment of the 5 foot utility easement located at the rear of each of the above
mentioned lots and does hereby fully release and abandon its rights in and to the
aforesaid platted easements and requests the City of Coppell to take such further aCtion
as is necessary to fully abandon said easements.
EXECUTED this //~7~'1/ day of ~. ~ ~ , 1993.
GENERAL TELEPHONE COMPANY
CORPORATE ACKNOWLEDGMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledge~ before me ,on the
199_~_, by ::5-¢r ~ ~
(name of'bfficer)
(name of corpora{ion) " (state of Incorporation)
on behalf of said corporation.
My Commission expires:
//,0 7'-h/ day of
~(title of offic~'r)
Printed Name of Notary
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. (~.~ ~ o,.3 as the same
appears in the records of the official ordinance book of the City, having been adopted by
the City ~,.0. u~cil of the City of Coppell, Texas, on the ~...~-" day of
,19 q~, and that I am the lawful possessor and have
legal custody Of record. -
the
WITNESS MY HAND A~N/I~ SEAL OF OFFICE at my office in Coppell, Texas, this
~ day of~,199~.
'L,=fit~'Secretary / ~.~ T,
City of Coppell, Texas
Co
Mayor Morton discussed the Mayor's Challenge street basketball sponsored by the Dr.
Pepper Bottling Company.
De
Mayor Morton reported to Council that Coppell had one of the largest ad valorem tax
increases in Dallas County.
Em
Councilman Thomas inquired as to the status of the house being stored on Sandy Lake
and Lodge Road.
F. Councilman Robertson addressed the leaving.of Councilman Thomas.
G. Councilman Weaver cc, mplimented the staff on the newsletter.
Councilman Weaver commented that he had accompanied a police officer on patrol the
past several Saturday nights and encouraged the Council to do the same.
17. Liaison Reports
Mayor Morton inquired as to the status of Students in Government and the status of the
annexation of Beltline/IH635.
Councilman Weaver reported that the Library Building Committee met with the architecture firm
last week and a preliminary design was submitted.
18. A.
Consider approval of minutes:
May 4, 1993
May 7, 1993
May 11, 1993
Consideration and adoption of an ordinance mending the Comprehensive Zoning
Ordinance previously approved by City Council, and authorizing the Mayor to
sign.
Ce
Consideration and approval of an ordinance for the abandonment of a 5-foot
public utility easement in the Waterside Estates Addition, Phase I, Block B, Lots
1-27 located along the south side of Parkway Boulevard, west of MacArthur
Boulevard, at the request of the City of CoppeR, and authorizing the Mayor to
sign o
Mayor Morton noted that the Director of Planning and Community Development had brought
forth typographical corrections to the Comprehensive Zoning Ordinance. Councilman Robertson
moved to approve Consent Agenda Items A, B carrying Ordinance No. 91500-A-30, with
corrections, and C carrying Ordinance No. 93603. Councilman Reitrmm seconded the motion;
the motion carried 5-0 with Councilmen Weaver, Thomas, Reitman, Mayo and Robertson voting
in favor of the motion.
There being no further business to come before the City Council, the meeting was adjourned.
ATrEST:
Tom Morton, Mayor
Linda Orau, Assistant, City Secretary
CM0~2~93
1~ 4 o~4