HomeMy WebLinkAboutOrdinance No. 13/035 Abandon ROWs to SMU ORDINANCE NO. 13/035
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK TEXAS,
ABANDONING A PORTION OF THE STREET RIGHT-OF-WAY OF FONDREN
STREET AND VARIOUS ALLEY EASEMENTS BETWEEN UNIVERSITY
BOULEVARD AND SMU BOULEVARD, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A HERETO, SUBJECT TO THE PROVISIONS OF EXHIBIT B HERETO, TO
THE ABUTTING OWNER, SOUTHERN METHODIST UNIVERSITY; PROVIDING FOR
THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING
IN THE REAL PROPERTY RECORDS OF UNIVERSITY PARK 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 street right-of-way and alley easements, as described herein, are not needed or necessary for
public purposes by the City and any claim to them should be abandoned to the abutting owner,
subject to the provisions of this ordinance; Now,Therefore,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY
PARK,TEXAS:
SECTION 1. The City of University Park hereby abandons and quitclaims, in favor of the
abutting owner, Southern Methodist University ("SMU"), a portion of the street right-of-way of
Fondren Street and the various alley easements being more particularly described and depicted in
Exhibit "A" attached hereto and made a part hereof for all purposes, the same as if fully copied
herein, in the City of University Park, Dallas County, Texas(the "abandoned area").
SECTION 2. That the City of University Park does not abandon any other interest other
than described in Exhibit "A", but does hereby abandon all of its right, title, or interest in the
described real property, together with any and all improvements thereon, if any, subject however, to
the provisions of Exhibit "B" attached hereto and made a part hereof for all purposes, the same as if
fully copied herein.
SECTION 3. That upon payment of $3,895,000.00 to the City by SMU, the fair market
value of the interests described in Exhibit "A" as determined by an appraisal obtained by the City
for this purpose, the City Secretary is directed to prepare a certified copy of this ordinance and
furnish the same to SMU for recording in the Real Property Records of University Park County.
The recording of this abandonment ordinance in the Real Property Records of University Park
County, Texas, shall serve as a quitclaim deed of the City of University Park of all such right, title
or interest of the City of University Park in and to the abandoned property, plus all improvements
thereon, if any, subject to the provisions of Exhibit "B". As and when the Facilities, as that term is
defined in Exhibit `B", are relocated, removed or adjusted from the abandoned area so that the
abandoned area is no longer needed or necessary for Utilities, as that term is defined in Exhibit"B",
to the satisfaction and written approval of the Director of Public Works of the City, the City
Manager is authorized and directed to prepare, execute and deliver to Southern Methodist
University an unconditional quitclaim deed from the City of the abandoned area, thereby releasing
the provisions and conditions of Exhibit"B"completely.
SECTION 4. 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 5th day
of November 2013.
APPROVED:
W. RICHARD DAVIS, MAYOR
APPROVED AS 0 FO' • ATTEST:
AL
41
CITY ATTORNEY ELI - t TH SPECTO 1-7 ITY SECRETARY
(RLD/09-06-13/62162)
EXHIBIT "A"
ABANDONMENT
PART OF
FONDREN DRIVE AND 2-10' ALLEYS
BLOCKS 2 & 5, UNIVERSITY COURT
JOEL SYKES SURVEY, ABSTRACT No. 1338
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
TRACT A: 10' alley, Block 2, University Court
Being a tract of land situated in the Joel Sykes Survey, Abstract No. 1338, City of
University Park, Dallas County, Texas, being part of a 10' alley between Dublin
Street (50' right-of-way) and Airline Road (50' right-of-way) situated in Block 2,
University Court, an addition to the City of University Park, Dallas County, Texas
according to the plat recorded in Volume 4, Page 303, Map Records, Dallas
County, Texas and being more particularly described as follows:
BEGINNING at a chiseled "X" in concrete set for corner at the intersection of the
west line of said Dublin Street and the north line of said 10' alley in said Block 2,
said "X" being the southeast corner of Lot 15 of said Block 2;
THENCE South 00° 24' 28" East, departing the north line of said alley, a distance
of 10.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for
corner at the intersection of the west line of said Dublin Street and the south line
of said alley, said rod being the northeast corner of Lot 30 of said Block 2;
THENCE South 89° 01' 21" West, departing the west line of said Dublin Street
and along the south line of said alley, a distance of 758.40 feet to a chiseled "X"
in concrete set for corner at the intersection of the south line of said alley and the
east line of said Airline Road and being the northwest corner of Lot 16 of said
Block 2, from which a chiseled "X" in concrete found bears South 01° 25' 44"
West a distance of 0.70 feet;
THENCE North 00° 35' 14" West, departing the south line of said alley, a
distance of 10.00 feet to a chiseled "X" in concrete set for corner at the
intersection of the north line of said alley and the east line of said Airline Road
and being the southeast corner of Lot 1 of said Block 2, from which a chiseled "X"
in concrete found bears South 01° 03' 45" West a distance of 0.66 feet;
THENCE North 89° 01' 21" East, departing the east line of said Airline Road and
along the north line of said alley a distance of 758.44 feet to the POINT OF
BEGINNING, containing 7,584 square feet or 0.1741 acres more or less.
;Ova.;s FTF
SUi1V _ •
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25,834X
ABANDONMENT
PART OF
FONDREN DRIVE AND 2-10' ALLEYS
BLOCKS 2 & 5, UNIVERSITY COURT
JOEL SYKES SURVEY, ABSTRACT No. 1338
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
TRACT B: Fondren Drive
Being a tract of land situated in the Joel Sykes Survey, Abstract No. 1338, City of
University Park, Dallas County, Texas, being part of Fondren Drive (50' right-of-
way) between Dublin Street (50' right-of-way) and Airline Road (50' right-of-way)
situated between Blocks 2 and 5, University Court, an addition to the City of
University Park, Dallas County, Texas according to the plat recorded in Volume
4, Page 303, Map Records, Dallas County, Texas and being more particularly
described as follows:
BEGINNING at a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for
corner at the intersection of the west line of said Dublin Street and the north line
of said Fondren Drive, said rod being the southeast corner of Lot 30 of said
Block 2;
THENCE South 00° 24' 28" East, departing the north line of said Fondren Drive,
a distance of 50.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG
INC" set for corner at the intersection of the west line of said Dublin Street and
the south line of said Fondren Drive, said rod being the northeast corner of Lot
15 of said Block 5;
THENCE South 89° 01' 21" West, departing the west line of said Dublin Street
and along the south line of said Fondren Drive, a distance of 757.84 feet to a 1/2"
iron rod with yellow plastic cap stamped "RLG INC" set for corner at the
intersection of the south line of said Fondren Drive and the east line of said
Airline Road, said rod being the northwest corner of Lot 1 of said Block 5;
THENCE North 00° 35' 14" West, departing the south line of said Fondren Drive,
a distance of 50.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG
INC" set for corner at the intersection of the north line of said Fondren Drive and
the east line of said Airline Road, said rod being the southwest corner of Lot 16
of said Block 2;
THENCE North 89° 01' 21" East, departing the east line of said Airline Road and
along the north line of said Fondren Drive a distance of 758.00 feet to the POINT
OF BEGINNING, containing 37,896 square feet or 0.8700 acres more or less.
OF
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suFiv�y 25,834X
ABANDONMENT
PART OF
FONDREN DRIVE AND 2-10' ALLEYS
BLOCKS 2 & 5, UNIVERSITY COURT
JOEL SYKES SURVEY, ABSTRACT No. 1338
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
TRACT C: 10' alley, Block 5, University Court
Being a tract of land situated in the Joel Sykes Survey, Abstract No. 1338, City of
University Park, Dallas County, Texas, being part of a 10' alley between Dublin
Street (50' right-of-way) and Airline Road (50' right-of-way) situated in Block 5,
University Court, an addition to the City of University Park, Dallas County, Texas
according to the plat recorded in Volume 4, Page 303, Map Records, Dallas
County, Texas and being more particularly described as follows:
BEGINNING at a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for
corner at the intersection of the west line of said Dublin Street and the north line
of said 10' alley in said Block 5, said rod being the southeast corner of Lot 15 of
said Block 5;
THENCE South 00° 24' 28" East, departing the north line of said alley, a distance
of 10.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for
corner at the intersection of the west line of said Dublin Street and the south line
of said alley, said rod being the northeast corner of Lot 30 of said Block 5;
THENCE South 89° 01' 21" West, departing the west line of said Dublin Street
and along the south line of said alley, a distance of 757.40 feet to a 1/2" iron rod
with yellow plastic cap stamped "RLG INC" set for corner at the intersection of
the south line of said alley and the east line of said Airline Road, said rod being
the northwest corner of Lot 16 of said Block 5;
THENCE North 00° 35' 14" West, departing the south line of said alley, a
distance of 10.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG
INC" set for corner at the intersection of the north line of said alley and the east
line of said Airline Road, said rod being the southwest corner of Lot 1 of said
Block 5;
THENCE North 89° 01' 21" East, departing the east line of said Airline Road
along the north line of said alley a distance of 757.43 feet to the POINT OF
BEGINNING, containing 7,574 square feet or 0.1739 acres more or less.
BASIS OF BEARINGS: The east line of Airline Road (S00°35'14"E) per
Amending Plat of SMU Parking Garage No. 5 Addition, recorded in Instrument
No. 200900249635, Official Publ. ' - ords, Dallas County, Texas.
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ABANDONMENT
OF
15' ALLEY
BETWEEN
LOT 1R, BLOCK 1, DYER COURT ADDITION AND
LOT 7R, BLOCK 2, DYER COURT ADDITION No. 2
JOEL SYKES SURVEY, ABSTRACT No. 1338
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
Being a tract of land situated in the Joel Sykes Survey, Abstract No. 1338, City of
University Park, Dallas County, Texas, being a 15' alley situated between Lot 1 R,
Block 1, Dyer Court Addition, an addition to the City of University Park, Dallas
County, Texas according to the plat recorded in Document Number
201200336775, Official Public Records, Dallas County, Texas and Lot 7R, Block
2, Dyer Court Addition No. 2, an addition to the City of University Park, Dallas
County, Texas according to the plat recorded in Volume 2004189, Page 0053,
Deed Records, Dallas County, Texas and being more particularly described as
follows:
BEGINNING at a 1/2" iron rod found at the intersection of the north line of said
alley and the east line of Airline Road (50' right-of-way), said rod being the
southwest corner of said Lot 1 R;
THENCE, departing the east line of said Airline Road and along the north line of
said alley, the following calls:
North 89° 24' 47" East a distance of 132.73 feet to a chiseled "X" in
concrete found for corner;
North 81° 28' 35" East a distance of 217.27 feet to a 1/2" iron rod found for
corner;
North 89° 24' 47" East a distance of 301.04 feet to a 1/2" iron rod with
yellow plastic cap stamped "RLG INC" set for corner;
THENCE South 00° 35' 13" East, departing the north line of said alley, a distance
of 15.00 feet to a 1/2" iron rod with yellow plastic cap stamped "RLG INC" set for
corner at the intersection of the south line of said alley and the west line of Dublin
Street (50' right-of-way), said rod being the northeast corner of said Lot 7R;
THENCE, departing the west line of said Dublin Street and along the south line of
said alley, the following calls:
South 89° 24' 47"West a distance of 300.00 feet to a 1/2" iron rod found
for corner;
South 81° 28' 35" West a distance of 217.27 feet to a chiseled "X" in
concrete found for corner;
Sheet 1 of 3
25,838X
ABANDONMENT
OF
15' ALLEY
BETWEEN
LOT 1R, BLOCK 1, DYER COURT ADDITION AND
LOT 7R, BLOCK 2, DYER COURT ADDITION No. 2
JOEL SYKES SURVEY, ABSTRACT No. 1338
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
South 89° 24' 47"West a distance of 133.77 feet to a 1/2" iron rod with
yellow plastic cap stamped "RLG INC" set for corner at the intersection of
the south line of said alley and the east line of said Airline Road;
THENCE North 00° 35' 13" West, departing the south line of said alley a distance
of 15.00 feet to the POINT OF BEGINNING, containing 9,766 square feet or
0.2242 acres more or less.
BASIS OF BEARINGS: Bearings based on City of University Park Monuments as
re-established by Raymond L. Goodson, Jr, Inc. (May, June & July, 2003.
'gaA�•EO,j,
. Richard Bu •y R.P.L.S. No. 4762
08/14/2013
Sheet 2 of 3
25,838X
42.10'- DUBLIN STREET `�-
L1 .1. (50' RIGHT—OF— W.4 Y) 0 50 to.
200
YCIRS,YCIRS 180.00'
(FEET)
0 2 1 inch - 100 ft.
BASIS OF BEARINGS- BEARINGS
in g t LINE TABLE BASED ON CITY OF UNIVERSITY
15' ALLEY ABANDONMENT LINE BEARING LENGTH PARK MONUMENTS AS
9,766 SQUARE FEET 1, - RE-ESTABLISHED BY RAMOND L.
0.2242 ACRES
L 1 Soo 35'13'- 15.00' GOODSON, JR, INC. (MA Y, JUNE
1(l!, 1 L2 N00 35'13''W 15.00' & JUL Y, 2003.
Zi- 1 ,t' CONTROLLING MONUMENTS: 1''� , V- IRON PIPE FOUND AT THE
I h SOUTHWEST CORNER OF LOT 3,
c 0 0 BLOCK 1 AND A 3/4 " IRON
`"� � , N p ROD FOUND A T THE SOUTHWEST
O a ' c CORNER OF LOT 8, BLOCK 1,
N 1/27RF,•1/2 IRF N t,, UNI VERSI TY HILL WEST ADDI TION,
v cO o I k o Q RECORDED IN VOLUME 3, PAGE
07 N <i po � � 266, M.R.D.C. T.
� � Wa cn mpo;v
C, � Z or Quo LEGEND
Ci `N L PROPERTY LINE
iv —. 13 Nt0 �
~ Z O v N v J CMS/CMF CHISELED X" SET/FOUND
0 Ct N C`NI (W Q 0 N YCIRS 1/2"IRON ROD **1111-/ YELLOW
N (Al V (71 v LLI PLASTIC CAP STAMPED "RLG INC"SET
O W Ni.CA is c IRF IRON ROD FOUND
jrrli k J 0.P.R.D.C.T OFFICIAL PUBLIC RECORDS.
v Q R DALLAS COUNTY, TX
0 PR.D.C.T. PLAT RECORDS, DALLAS COUNTY, TEXAS
0
CMF!'CMF
N89 24'47"E t S8924'47'W t, b F r' •13273' 133.77' $'r�R;hy ,
PO/NT OF , ' G:7.:::ICHARD BUSBY
BEGINNING
t ••• „•
130.00' .�. 150.00' '∎�-o 411'1 ��: ..
AIRLINE ROAD 1/2%R YCIRS ! _ _ 9tio'�FSS�o OQ,
(50' RIGHT—OF— WA Y) L2 - -`-- r � v C. RICHARD B S SE?Y R.P.L.S. No. 4111
08-14-2013
ABANDONMENT
OF
15' ALLEY
BETWEEN
LOT 1R, BLOCK 1, DYER COURT ADDITION
LOT 7R, BLOCK 2, DYER COURT ADDITION No.2
RAYMOND L. GOODSON JR., INC. JOEL SYKES SURVEY, ABSTRACT NO. 1338
5445 LA SIERRA, STE 300, LB 17 CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
DALLAS, TX. 75231-4138
214-739-8100 SCALE 1" = 100' DA TE 08-14-2013 SHEET 3 OF 3
rlgOrlginc.corn
TEXAS PE REG #F-493 -
TBPLS REG #100341-00 JOB NO. 13021. 10 E-FILE 13021. 1 AB.dwg DWG NO. 25,838X
EXHIBIT "B"
That the abandonment of the real property interests authorized by this ordinance is subject to the
retention of any utilities or communication facilities, including without limitation water and wastewater
lines, gas lines, electric power, cable television, fiber optic and storm sewers ("Facilities"), presently legally
located within the abandoned area described in Exhibit "A", owned and/or operated by the City of
University Park or any utility or communications company, public or private ("Utility"), and to the rights of
any such Utility for the use of the abandoned area for its Facilities. It is the intent of the foregoing to confirm
and maintain and there is hereby reserved and excepted unto the City of University Park, and not abandoned or
conveyed hereunder, an easement (to which this abandonment is made expressly subject) over, upon, under,
through, in and across the abandoned area for each Utility for its respective Facilities located therein at the
time of this abandonment, together with the right to make any subsequent alterations, additions,
expansions, upgrades or modifications to such Facilities as may, from time to time be deemed necessary
or convenient by the Utility owning and/or operating the same. No buildings, structures (above or below
ground) or trees shall be constructed or placed within the abandoned area without written consent of the
City of University Park and each affected Utility. Each Utility shall have the full right to remove and keep
removed all or part of any buildings, fences, trees, or other improvements or growths which in any way may
endanger or interfere with the construction, maintenance or efficiency of its respective Facilities lying
within the abandoned area and shall at all times have the full right of ingress and egress to or from and upon
the abandoned area for the purposes of constructing, reconstructing, removing, relocating, inspecting,
patrolling, maintaining, expanding, upgrading, and/or adding to all or part of its Facilities without the
necessity at any time of procuring the permission of anyone, except as may be required by the codes and
ordinances of the City of University Park. The easements reserved hereunder and the conditions and
restrictions to which this abandonment is subject shall remain for the benefit of the applicable Utility and/or
operators of the Facilities until said Facilities are removed and relocated from the abandoned area to the
satisfaction of the Director of Public Works of the City of University Park. The relocation, removal or
adjustment of any or all such Facilities, if made necessary by SMU'S (whether one or more natural
persons or legal entities) use of the abandonment area, shall be at the expense of SMU, or SMU'S
successors and assigns. Should SMU'S relocation or removal of the Facilities require the obtaining of new
easements, the acquisition of same shall be at the expense of SMU or its successors and assigns. If any
of the Facilities (or relocations thereof) is allowed to remain on any part of the abandoned area, the
easements and buildings restrictions provided herein shall remain thereon. Upon removal or relocation of all
of the Facilities and the final approval of the Director of Public Works of the City of such removal or relocation,
any easements reserved or created herein relating to such removed or relocated Facilities shall terminate,
and any building restrictions herein created shall cease. Upon such occurrence, the City Manager of the
City is authorized and directed to prepare, execute and deliver to SMU an unconditional quitclaim deed of
the City to the abandoned areas.