HomeMy WebLinkAboutOrdinance No. 05 21 6810 TC ORDINANCE NO. 05/21
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A
SANITARY SEWER EASEMENT AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A", TO THE ABUTTING OWNERS, CHRIS J. CARRIE AND ELLEN Z.
CARRIE, IN CONSIDERATION OF THE DEDICATION OF A SANITARY SEWER
EASEMENT TO THE CITY; PROVIDING FOR THE FURNISHING OF A CERTIFIED
COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY
RECORDS OF DALLAS COUNTY, TEXAS, AS A QUITCLAIM DEED OF THE CITY;
AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of' University Park, Texas, has determined that a certain sanitary
sewer easement, described in Exhibit "B", is no longer needed or necessary for public purposes by the City;
and
WHEREAS, the abutting property owners have agreed to execute and deliver to the City a sanitary sewer
easement, described in Exhibit "A", in exchange for the interest being released and conveyed; Now,
Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK,
TEXAS:
SECTION 1. That for and in consideration o£ the execution and delivery of a sanitary sewer
easement from the abutting owners to the City of University Park, in the form set out in Exhibit "A"
attached hereto, the City of University Park hereby abandons and quitclaims in favor o£ the abutting
owners, Chris J. Carrie and Ellen Z. Carrie, all that certain tract or parcel of land more particularly depicted
and described in Exhibit "B" (3 pages), attached hereto and made a part hereof' for all purposes, the same as
if fully copied herein, consisting of 1,826.31 square feet (.0419 acres), more or less, of a sanitary sewer
easement, in the City of University Park, Dallas County, Texas.
SECTION 2. That the rights being abandoned in the property described in Exhibit "B" consist of a
sanitary sewer easement as shown in said Exhibit.
SECTION 3. That the City of University Park does not abandon any other interest other than that
described in Exhibit "B", but does hereby abandon all of its right, title, or interest, either in fee simple or by
easement, or otherwise, in the described property, together with any and all improvements thereon.
74659
SECTION 4. That upon delivery of a fully executed Sanitary Sewer Easement in the form set out
in Exhibit "A", the City Secretary is directed to prepare a certified copy of this ordinance and furnish the
same to Chris J. Carrie and Ellen Z. Carrie, and the recording of this abandonment ordinance in the real
property records of Dallas County, Texas, shall serve as a quitclaim deed of the City of University Park to
the said Chris J. Carrie and Ellen Z. Carrie, of such right, title or interest of the City of University Park in
and to such sanitary sewer easement described in Exhibit "B', either in fee simple or by easement or
otherwise.
SECTION 5. This ordinance shall take effect immediately from and after its passage, as the law
and Charter in such cases provide.
DULY PASSED by the City Council of the City of University Park, Texas, on the 21s~lay of June
2005.
XPRROVED AS TO FORM:f--,.
CITY ATTORNEY
(RLD/05-31-05)
ATTEST:
N~R~ Y
74659
SANITARY SEWER EASEMENT
THE STATE OF TEXAS{}
COUNTY OF DALLAS {}
KNOW ALL MEN BY THESE PRESENTS:
That Chris J. & Ellen Z. Carrie ("Grantor"), for and in consideration of the sum of Ten and No/10Oths
Dollars ($10.00) and other good and valuable considerations to Grantor, in hand paid by the CITY OF
UNIVERSITY PARK, TEXAS, ("Grantee"), the receipt and sufficiency of which is hereby acknowledged, has
given and granted and by these presents does hereby give and grant unto Grantee the right to enter upon and
construct, maintain, operate, repair, replace, change, add and/or remove sanitary sewer line facilities with all
necessary appurtenances thereto, over, across, under and through that certain land situated in the John
Scurlock Survey, Abstract No. 1351, City of University Park, Dallas County, Texas, and being more particularly
described on Exhibit 'A", attached hereto and made a part hereof.
Grantor acknowledges that the consideration paid by Grantee is full and final payment for all rights and
privileges herein granted.
No buildings, fences, trees, shrubs or other improvements shall be constructed or places upon, over or
across the easement conveyed herein. Grantee shall have the fight to remove and keep other Improvements or
growths which in any way endanger or interfere with the construction, maintenance or efficiency of its system.
Grantee shall at all times have the fight of ingress and egress to and from and upon any of said easement for the
purpose of constructing, reconstructing, inspecting, patrolling, maintaining and adding to or removing all or part
of its system without the necessity at any time of procuring the permission of anyone.
The easement rights and pr'wileges herein granted shall be perpetual and shall constitute covenants
running with the land and shall be binding upon and inure to the benefit of Grantor and Grantee respectively and
their respective successors and assigns.
Grantee's rights hereunder may be assigned in whole or part to one or more assignees.
TO HAVE AND TO HOLD the above described easement and fights appurtenant thereto unto Grantee,
its successors and assigns.
Executed this
dayof ,2005.
Grantor
By:.
Grantor
THE STATE OF TEXAS{}
COUNTY OF DALLAS
BEFORE ME, the undersigned authority, on this day pers~, nally appeared Chris J. & Ellen Z. Carrie known to me
to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he
executed the same for the purposes and considerations therein expressed, in the capacity therein stated and as
the act and deed of said corporation.
GIVEN UNDER MY HAND AND SEAL OF OFFICE this ~ day of
,2005.
Notary Public, State of Texas
Notary's Printed Name
My commission expires:
Page I of 4
EXHIBIT A
SANITARY SEWER EASEMENT
LOT 3A, BLOCK 13, BROOKSIDE ESTATES AMENDED PLAT
CHRIS J. & ELLEN Z. CARRIE, GRANTORS
CITY OF UNIVERSITY, TEXAS, GRANTEE
BEING a portion of a tract of land out of Lot 3A, Block 13 of Brookside Estates Amended Plat, said lot being
conveyed to Chris J. & Ellen Z. Carrie by deed as recorded in Volume 2004087, Page 13468 of Deed Records of
Dallas County, Texas, (D.R.D.C.T.), said lot being situated in the John Scurlock Survey, Abstract No. 1351, City
of University Park, Dallas County, Texas, and being more particularly described by metes and bounds as follows:
COMMENCING at a 1-inch iron pipe found for the northwest corner of said Lot 3A, Block 13, said comer being in
the east line of Turtle Creek Blvd.;
THENCE South 58 degrees 34 minutes 51 seconds East, along the north line of said Lot 3A, Block 13, a
distance of 141.84 feet to a point, said point being in the east line of an existing Sanitary Sewer Easement
(recording information unknown);
THENCE South 51 degrees 02 minutes 50 seconds West, departing the north line of said Lot 3A, Block 13 and
continuing along the East line of said existing Sanitary Sewer Easement, a distance of 7.75 feet to the POINT
OF BEGINNING;
THENCE South 36 degrees 03 minutes 31 seconds East, departing the east line of said existing Sanitary Sewer
Easement, and continuing a distance of 21.09 feet to a point for a comer;
THENCE South 45 degrees 10 minutes 03 seconds West, a distance of 137.64 feet to a point for a comer;
THENCE South 78 degrees 31 minutes 29 seconds West, a distance of 62.45 feet to a point for a comer, said
point being in the south line of said Lot 3A, Block 13;
THENCE North 51 degrees 01 minutes 23 seconds West, along the south line of said Lot 3A, Block 13, a
distance of 6.50 feet to a point for a comer, said point being in the east line of said existing Sanitary Sewer
Easement;
THENCE North 51 degrees 02 minutes 50 seconds East, departing the south line of said Lot 3A, Block 13 and
continuing along the east line of said existing Sanitary Sewer easement, a distance of 10.82 feet to a point for a
comer;
THENCE North 78 degrees 31 minutes 29 seconds East, departing the east line of said existing Sanitary Sewer
Easement, a distance of 53.99 feet to a point for a comer;,
THENCE North 45 degrees 10 minutes 03 seconds East, a distance of 126.07 feet to a point for a comer;
THENCE North 36 degrees 03 minutes 31 seconds West, a distance of 12.01 feet to a point for a comer, said
comer being the in east line of said existing Sanitary Sewer Easement;
THENCE North 51 degrees 02 minutes 50 seconds East, along the East line of said existing Sanitary Sewer
Easement, a distance of 10,01 feet to the POINT OF BEGINNING and containing 2,100.67 square feet or 0.0482
acres of land, more or less.
BASIS OF BEARING:
NORTH LINE OF LOT 3A, BLK 13 AS DEEDED TO CHRIS J. & ELLEN Z. CARRIE AS RECORDED IN
VOL.2004087, PG. 13468
Page 2 of 4
PURDUE BLVD
STANFORD
/
AMHERST
O
LOVERS LN
\ \ i -~PROP. 10' SANITARY SEWER
\ \ / · EASEMENT DEDICATION
~/-"
R E
LOCATION MAP
MAPSCO -35C &: G
N.T.S.
301:'4
DEDICATION
10' SANITARY SEWER EASEMENT
6810 TURTLE CREEK BOULEVARD
BLOCK 13 OF BROOKSIDE ESTATES,
CITY OF UNIVERSITY PARK,
DALLAS COUNTY, TEXAS
4-0 20 0 40
RUS3Y F. REID ac JEANINE
LOT 11, BLOCK 1
VOL 2000216, PG. 0942
(O.R.D.C.r.)
FRANK I~UELLEY JR.
LOT 10, BLOCK 1
LOT ~o ~-OCK ~
Ce.~e.~.) ~a
SCALE 1"
= 40'
10' SANITARY
SL~ DEDICA110N
2JOO.67aq. fL
a' 0.0482a0.
S5
HOWARD M. MEYERS
z, ROSEMARIE
LOT 2. BLOCK 13
VOl. 89014, PO. 4443
(D.R.D.C.To)
7.75'
I
P.O.C~ ,
- r'-l' IRON
PIPE FOUND
12.0/,
EX. 10' SANI'
SEWER EASEMENT
(TO BE ABANDONED)
1,826,31sq, ft,
or 0.0419ac.
CHiS ~ & ELLEN 7_ CAEEIE
VOL. 2004087, PG. 13488
(D.R.D.C~T.)
LOT 3A, BLOCK 13
BROOKSIDE ESATES AMENDED PLAT
~.-7'13'15" ] ~'
T=go. IO I ,un..~ CREEK BOULEVARD
N5
10.82'
// I
// ~//
'23"W
/ I
I
I
I
PIPE F~ND
BASIS OF BEARINO:
NORTH ENE O~ LOT 3AD BLK 13 AS DEEDED
TO CHRIS ~ & ELLEN 7_ CARRIE AS
RECORDED IN VOL2004087, PG. 13468
DEDICATION
10' SANITARY SEWER EASEMENT
6810 TURTLE CREEK BOULEVARD
OF LOT 3A, BLK 13 OF BROOKSIDE ESTATES,
CITY OF UNIVERSITY PARK,
DALLAS COUNTY, TEXAS
ABANDONMENT
10' SANITARY SEWER EASEMENT
BEING a portion of land out of Lot 3A, Block 13 of Brookside Estates Amended plat, said lot
being conveyed to Chris $. & Ellen Z. Carrie by deed, as recorded in Volume 2004087, Page
13468 of Deed Records of Dallas County, Texas, (D.1LD.C.T.) and being situated in the John
Scurlock Survey, Abstract No. 1351, City of University Park, Dallas County, Texas and being
more particularly described by metes and bounds as follows:
COMMENCING at a 1-inch iron pipe found for a comer, said comer being in the east line of
Turtle Creek Blvd., said comer also being the northwest comer of said Lot 3A, Block 13;
THENCE South 58 degrees 34 minutes 51 seconds East, along the north line of said Lot 3A,
Block 13, a distance of 141.84 feet to a point for a comer;
THENCE South 51 degrees 02 minutes 50 seconds West, departing the north line of said Lot 3A,
Block 13, a distance of 17.77 feet to the POINT OF BEGINNING;
THENCE South 51 degrees 02 minutes 50 seconds West, a distance of 173.92 feet to a point for
a comer;
THENCE South 78 degrees 31 minutes 29 seconds West, a distance of 13.72 feet to a point for a
comer, said point being in the south line of said Lot 3A, Block 13;
THENCE North 51 degrees 01 minutes 23 seconds West, along the south line of said Lot 3A,
Block I3, a distance of 3.75 feet to a point for a comer;
THENCE North 51 degrees 02 minutes 50 seconds East, departing the south line of said Lot 3A,
Block 13 a distance of 187.38 feet to a point for a comer;
THENCE South 36 degrees 03 minutes 31 seconds East, a distance of 10.01 feet to the POINT
OF BEGINNING and containing 1,826.31 square feet or 0.0419 acres of land, more or less.
BASIS OF BEARING:
NORTH LINE OF LOT 3A, BLK 13 AS DEEDED TO CHRIS J. & ELLEN Z. CARRIE AS
RECORDED IN VOL.2004087, PG. 13468
Page I of 3
PURDUE BLVD
STANFORD
AMHERST
O
LOVERS LN
UN VERSI'TY PAJ~K
LOCATION MAP
MAPSCO -35C & G
N.T.&
ABANDONMENT
10' SANITARY SEWER EASEMENT
6810 TURTLE CREEK BOULEVARD
BLOCK 1.3 OF BROOKSlDE ESTATES,
CITY OF UNIVERSITY PARK,
DALLAS COUNTY, TEXAS
2oFa
RUSTY I-F. REID &: J~ANIN£
LOT 11, BLOCK 1
VOL. 2000216, PG. 0942
(D.R.O.C.T,)
FRANK BRUELLEY dR.
LOT 10, BLOCK 1
4O 20 0
SCALE: 1' = ,tO'
40
t,~ tot z%.e_~Nr~.
HOWARD M. MEYERS
&~ ROSEIdARI£
LOT 2, BLOCK 13
VOL. 89014° PG. 4443
(D.R.D.C.T.)
10' SANITARY
SEWER DEDICATION
2,100.67sq. ft.
or 0.0482ac.
...s?~'~o,oa ....
10.01'
EX. 10' SANI
SEWER EASEMENT
(TO eE ~DO~EO)
1,826,31sq. fL
or 0.0419~c.
ST8'31',
CHRIS d. &: ELLEN 7_ CARRIE 15,72'
VOL 2004087, PO. 1;5468
(D.R.D.C.T.)
LOT .IA, BLOCK 13 _~
BROOKSIDE £SATES AMENDED PLAT
I
t
I
!
!
I
I
I !
!
I
!
I
/" i
!
I'
IRON
PIPE FOUND
'IURILE CREEK BOULEVARO
IRON
PIPE FOUND
BASIS OF BEARING:
NORTH UNE OF LOT 3A, BLK 1,x AS DEEDED
TO CHRIS J. & FLLFN 7.. CARRIE AS
RECORDED IN VOL2004087, PG. 13468
ABANDONMENT
10' SANITARY SEWER EASEMENT
6810 TURTLE CREEK BOULEVARD
OF LOT 3A, BLK 13 OF BROOKSIDE ESTATES,
CITY OF UNIVERSITY PARK,
DALLAS COUNTY, TEXAS
3 OF 3 , u.~y 2OO5