Waterside P1/Re-AG 930323,-, AGENDA REQUEST FORM
ITEM CAPTION:
Consideration and approval of an ordinance abandoning unused utility easements located
in Waterside Estates, Phase I Addition, Lot 6, Block B, also known as 136 Spyglass
Drive, at the request of Davtd Weekly Ho~es, and authorizing the Nayor to sign.
SUBMrI'rED BY:
STAFF Planning Director. Gary L.'~'[
OTHER REp.:
DATE:.
The applicant, David ~eekly Homes, would like to extend the foundation of this proposed
structure approximately 2' into the existing utility easement. Because of this type of
encroachment, it is better to abandon the easement, (since it is not beenE utilized by
any of the utility companies) rather than to allo~ the encroachment.
Attached is a copy of the affidavit siEnedby the utility co~panies vhich are directly
affected by this proposed action, verifying that they have no use for this easement and
that the utilities were provided elsewhere on the property in question.
BUDGET AMT.
AMT +/- BUDGET
COMMENTS:
N/A
AMT. Es'rtMATI~-n
FINANCIAL REVIEW BY
LEGAL REVIEW BY:
AGLND,'~ REQUEST FORM RA'V~ED L'g]
REVIEWED BY CM:
954 3334
03-1~-g3 og'&gAM FROM NICHOLS JACKSON KIRK TO CITY OF COPPELL 7001/006
BRUCE A. 8?OCI~RD
NICHOLS,
JACKSON, KIRK & DILLARD,
Attorneys & Coun~eloms at Law
1800 Lincoln Plaza
500 North Akard
Dallas, Texas 75201
(214) 954-8888
Facsimile (9-14) 954-3334
L.L,P.
LOUIS NICHOLS
March lg, 1893
TEL, ECOPY (FAX) TRANSMISSION LETTER, Deliver To:
Ooppell, Texas
FAX NO. 383-0948
Number of PIt~le~:
Oe~ Gary:
Re: ABANDONMENT OF UTILITY EASEMENT
WATERSIDE ESTATES
Enclosed is a oopy of the above Ordinance (marked COO93-O319). This ordinance
will need an Exhibit '1' mede up of abandonment letters from TU Electric, GTE
Telephone, Lone Star Gas and Paragon Cable similar to the letters used in connection
with Ordinance No. 92-580. We also need to add a plat marked Exhibit 'A' of the part of
the subdivision showing Lot 6.
Pate will bring the original ordinances, in the proper blue back cover to the council
meeting and wgl need extra copies of the exhibits to attach before the Mayor and City
Secretary sign them.
Very truly youm,
NICHOLS, JACKSON, KIRK & DILLARD
David Weekley Homes
March 15, 1993
Mr. Gary C. Sieb
Planning and Zoning Commission
City of Coppell
Re= Lot 6, Block B, 136 Spyglass Drive, Waterside Estates,~i
Coppell, Texas= five foot easement in favor of TU Electric
Dear Mr. Sleb,
The purpose of this letter is to request that the 5' wide easement in
favor of TU Electric, which is located on the above subdivision be
totally abandoned. We are requesting this abondonment due to the fact
that all TU ELectric utilities are in the street and there is no need
for the easement. After abandonment, the property within the easement
will be used for new home and or pool construction.
If you have any questions concerning this request, please contact Mr.
Uames K. Murphey at (214) 744-33~2~. Mr. Murphy discussed this request
with City Councilman Ron Robertson.
Corporate/Houston Division
1300 Post Oak Blvd., Suite 1000, Houston, Texas 77056 713/963-0500 FAX: 713/963-0322
3010 LBJ Freeway, Suite 1420, Dallas, Texas 75234 214/243-8414 FAX: 214/247-9969
Austin Division
9111 Jollyville Rd., Suite 205, Austin, Texas 78759 512/346-2601 FAX: 512/345-0483
NICHOLS, JACKSON, KIRK & DILLARD, L.L.P.
~WR~NC£ W. ~AC~SO. Attorneys & Counselors at Law
r,M KInK 1800 Lincoln Plaza CHR,ST,N^ ^,
"OB~RT L. DILLARD '11 500 North Akard
.~T~n ~. s~,~ Dallas, ~s 75201
DAVID M, BERMAN (214) 954-3333 ., LOUIS NICHOLS
B~UCE *. STOC~.O Facsimile (214) 954-3334 OF COONSrL
March 19, 1993
TELECOPY (FAX) TRANSMISSION LETTER, Deliver To:
Mr. G~:wS~b //~ ~'/~/-/__//:?
Coppell, Texas
FAX NO. 393-0948
Number of Pages: ,4~&''
Re: ABANDONMENT OF UTILITY EASEMENT
WATERSIDE ESTATES
Dear Gary:
Enclosed ~e above Ordinance (marked COO93-0319). This ordinance
will need an E~bit "_l"~ma(~i~e up of abandonment letters from TU Electric,--GTE-
Telephone, Lone ~ Paragon Cable'~similar to the ~nnection
with Ordinance No. 92-580. We also need to add a plat marked Exhibit"A" of th~ part of
the subdivision showing Lot 6. ~
Pete will bring the original ordinances, in the proper blue back cover to the council
meeting and will need extra copies of the exhibits to attach before the Mayor and City
Secretary sign them.
cc: Alan Ratliff
Very truly yours,
NICHOLS, JACKSON, KIRK & DILLARD
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS
ORDINANCE NO. ?,~ ~'~
AN ORDINANCE OF THE CITY OF COPPELL, TEXAS, ABANDONING A
CERTAIN UTILITY EASEMENT ON LOT 6, 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 OWNERS 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 easement 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 easement exists
desire that such easement be abandoned; and
WHEREAS, the City has determined that the City and public have no need for
such easement and that the cost of keeping such easement is in excess of the fair market
value of the City's interest in the easement being abandoned; NOW, THEREFORE,
AGG03DOC
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COPPELL, TEXAS:
SECTION 1.
That the hereinafter described utility easement within the limits of the City of
Coppell, Texas, is no longer needed or necessary for city or public purposes and should
be abandoned in favor of the current owners of the lot burdened with said easement. The
easement being abandoned is as follows:
Being the five (5) foot utility easement at the rear of Lot 6, 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 lot also being shown on the plat attached hereto as Exhibit "A" and
made a part hereof.
SECTION 2.
The City of CopPeli, Texas, hereby abandons all its right, title, and interest in and
to said of easement as above described and abandons, conveys, and relinquishes all
such public interest the City may have in and to said easement to the underlying fee
simple owners of said lot.
SECTION 3.
That the abandonment of the City's interest in said easement shall constitute a
quitclaim in favor of the underlying fee simple owners of said lot 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 easement, 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.
4f .
SECTION 6.
This ordinance shall take effect immediately from and after its passage as the law
in such cases provides.
of
D YM~Y~ASS~D by the City Council of the City of Coppell, Texas, this the ,,?_~ day
,1993.
APPROVED AS TO FORM:
APPROVED:
A'I-rEST:
C0093-0319
7'~ELEC TRIC
March 10, 1993
Mr. Brian Engelage
David Weekly Homes
211 Westwind 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 Lot 6, 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.
Sincerely,
Greg Hilton
Customer Services Representative
GH/as
1015 Hutton Dr. Carrollton, Texas 75006
R~RIBIT "1"
Lone Star Gas Company
2601 Logan Street · Dallas, Texas 75215
3-16-93
Mr. Brian Engelage
David Weekley Homes
211Westwind Dr.
Coppell , Texas 75019
RE: 5' Easement abandonment - 136 Spyglass Drive - Lot 6 Block B easement located
to rear of lot
Dear Brian ;
Lone Star Gas Irving Distribution has no objection to the above listed easement
abandonment and indicated on the attached exhibit .
Sincerely,
Fred Harris
EXHIBIT "1"
MAR 15 '93 17:B~ PARAGOMA
P.2
PARAGON
C A B L ~
March '15,1995
David Weekly Homes
Attn: Bryan
RE:
136 SPYGLASS, COPPELL
DAVID WEEKLY HOMES, LOT 6
BLOCK B.
WZth regards to the above referenced request, Paragon Cable
,'~ Coppell has no objections to abandoning the rear easement
:ng the canal. If we can be of any further assistance
.ase feel free to call us at (8t7) 481~9042.
Since~,e~, , ~
Bob Macioch
Director of Engineering
820 W. Northw,: ,y., Grapevine, Texas 76051 817/488.0995
Owr~ed by Am,~ri~g.'~ T~icvi.sion & Comr~,uniccltions Corp and Houston industries Inc.
EXHIBIT "1"
03715×3=
14:55
00~
GTE lblephone Operatione
Central Area
March 15, 1993
P. O. Box 128
Lewisville, TX 75029-0128
David Weekley Homes
Attn: Bryan Engelage
211 westwind Dr.
Coppell, Tx. 75019
Re: ~asment Abandor~aent 136 spy91aee D~ive
Dear Sir:
GTE Southwest Inoorporated offers no ob~ection tO the
abandonment of the utility easement in the Waterside Subdivision
phase 1, more specifically identified as the easement at the
rear of ~ot 6, of Block B, or as addressed by the City of Coppell
as 1~ spy91ass Drive. Th~ above mentioned easement is not
currently being utilized by GTE.
Should you have any questions concernln9 the above please oall
Ms. Jerry Davis at 214-318-3810.
sincerely,
Jerry Davi~
Engineer OSP
I'll t' ?~'~1 vic:e ,:'A,~iJu~ atiol~/A purl of f3,11 C;,,..,,r
MAR--2~:--9~ TUE 17:0~
I~ll~l~:-- :~ :~-- 9:~: T U E
WEEKLEY
~.o¥ I
RYRIBIT "Att /
6. Pledge of Allegiance
Mayor Wolfe led those present in the Pledge of Allegiance.
Consider approval of minutes:
March 2, 1993
March 4, 1993
March 9, 1993
Councilman Morton moved to apprnve the minutes of March 2, 1993, March 4, 1993 and
March 9, 1993 as submitted. Mayor Pro Tem Smothermon seconded the motion; the
motion carried 7-0 with Mayor Pro Tem Smothermon and Councilmen Wea~'er, Thomas,
Morton, Mayo, Robertson and Garrison voting in favor of the motion.
Consent Agenda was considered at this time. See Item 15 for minutes.
Discussion and consideration of scheduling a special called City Council meeting to
canvass the returns of the May 1, 1993 Municipal Officers' Election.
Mayor Pro Tem Smothermon moved to call a special meeting on May 4, 1993 at 6:00 p.m.
for the purpose of canvassing the election of May 1, 1993. 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.
Discussion and consideration of an ordinance authorizing the issuance of General
Obligation Refunding Bonds, Series 1993 in the aggregate principal amount of
$8,455,000, approving an official statement, authorizing the execution of a purchase
contract, and making provisions for the security thereof, and ordaining other
matters relating to the subject.
Mayor Pro Tem Smothermon stated that the refinancing of the bonds will save the City
over $35,000 per year in annual debt service and the City also retained an A Rating and
a BBB + Rating in the process. Mayor Pro Tem Smothermon moved to approve Ordinance
No. 93595 authorizing the issuance of General Obligation Refunding Bonds, Series 1993 in
the aggregate principal amount of $8,455,000, approving an official statement, authorizing
the execution of a purchase contract, and making provisions for the security thereof, and
ordaining other matters relating to the subject. 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.
10.
Consideration and approval to fund the purchase and installation of a recognition
plaque at the Kid Country Playground site in Andrew Brown Jr. Community Park
in the amount of $1,655.
Councilman Robertson requested that future plaques purchased by the City be purchased
from local businesses if possible. Alan Johnson, Acting F'mance Director, asked the Council
for direction as to whether this item was to be funded from the Council Contingency Fund
or the Park Special Revenue Fund. Council requested funding from the Park Special
Revenue Fund. Councilman Morton moved to approve to fund the purchase and
installation of a recognition plaque at the Kid Country Playground site in Andrew Brown
Jr. Community Park in the amount of $1,655. 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.
11.
Consideration and approval of an ordinance
loeated in the Waterside Estates, Flmse I Addition,
136 Spyglass Drive, at the request of David Weekly Homes, and
Mayor to sign.
CM032393
Page 2 of 5
Council directed staff to bring forward all remaining easements in Waterside I to abandon.
Councilman Morton moved to approve Ordinance No. 93596 abandoning unused utility
easements located in the Waterside Estates, Phase I Addition, Lot 6, Block B, also known
as 136 Spyglass Drive, at the request of David Weekly Homes. Councilman Robertson
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.
12. Citizen's Appearance
Mayor Wolfe asked for those persons wishing to address the Council. Speaking were:
Harris Johnson, 131 Park Valley Court, inquired about the zoning violation by
E. F. Hitchcock at Sandy Lake and Lodge regarding an abandoned housetrailer on
the property. Mr. Johnson stated that a complaint was filed in June and wished to
know the status of the complaint and the City's intention to enforce the violation.
Ken Randolph, 128 Park Valley Court, expressed concern regarding the house that
was moved and parked at Lodge and Sandy Lake.
Ce
Steve Mogensen, 406 Park Valley Drive, appeared on the same concern as Mr.
Randolph.
Johnny Thompson, 1780 E. Beltline, addressed the Council regarding his name
being longstanding on the agenda and asked that a case number or reference be
included.
Items 18 and 19 were discussed at this time. See Item~ 18 and 19 for minutes.
13. Mayor's Report.
Greg Jones, Chief Building Official, stated, in response to several citizens'
appearances, that Mr. Hitchcock was in violation of ordinance by moving the home
to Sandy Lake and Lodge and was told to remove the home. Mr. Hitchcock did not
remove the home and was cited for violation. Currently the Zoning Ordinance is
being modified to cover nonconforming use. Peter G. Smith, City Attorney, stated
that his office would be drafting an amendment to the Zoning Ordinance and also
is looking into the matter of moving houses and requiring that they meet code
requirements.
Mayor Wolfe discussed some concerns he had received regarding the landscaping of
Bethel Cemetery. Mayor Wolfe stated that some members on the board wished to
install buffalo grass and not sprinkler and mulch. Councilmen Thomas and Mayo
were requested to confer with the board regarding the matter.
C®
Mayor Wolfe stated that there will be an airport hearing on Wednesday, March 24,
1993 before the Black Caucus. Councilman Morton stated he would be going to
Austin to attend.
Dm
Mayor Wolfe announced that the Kid Country dedication will be held April 18, 1.993
at 2:00 p.m.
Mayor Wolfe announced that the Second Annual City Employee Banquet will be
held on April 24, 1993, 6:00 p.m. at the Marriott D/FW.
Fe
Alan D. Ratliff, City Manger, addressed the Council regarding his six years of
service and the many changes which have occurred in the City of Coppell during
that time. Mr. Ratllff resigned his position as City Manger of the City of Coppell
CM032393
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