HomeMy WebLinkAboutOrdinance No. 18-037 abandoning a sanitary sewer easement at 6810 Turtle Creek Boulevard
ORDINANCE NO. 18-037
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK TEXAS, ABANDONING
A SANITARY SEWER EASEMENT, AS MORE PARTICULARLY DESCRIBED IN
EXHIBIT A HERETO, TO THE ABUTTING OWNER, D. ORNANI OR E. K. ORNANI, AS
TRUSTEES, OR THEIR SUCCESSOR TRUSTEE(S) OF THE LDO REVOCABLE TRUST
UNDER AGREEMENT DATED FEBRUARY 28, 2011, IN EXCHANGE FOR
DEDICATION OF A NEW SANITARY SEWER EASEMENT; 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, as described herein, is not needed or necessary for public purposes
by the City and any claim to it 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, Texas, hereby abandons and quitclaims, in favor
of the abutting property owner, D. ORNANI OR E. K. ORNANI, AS TRUSTEES, OR THEIR
SUCCESSOR TRUSTEE(S), OF THE LDO REVOCABLE TRUST UNDER AGREEMENT
DATED FEBRUARY 28, 2011 (“Owner”), a 2,017.9 square feet sanitary sewer easement that is no
longer needed or necessary for public purposes by the City, said easement 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 this ordinance.
SECTION 3. That upon delivery of a sanitary sewer easement deed fully executed by the
Owner in the form shown in Exhibit "C", on the tract described and depicted in Exhibit "B"
attached hereto, the City Secretary is directed to prepare a certified copy of this ordinance and
furnish the same to the Owner for recording. The recording of this abandonment ordinance in the
Official Property Records of Dallas 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 area shown in Exhibit "A", plus all improvements thereon, if any.
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 ofUniversity Park, Texas, on the 2nd day
of October 2018.
CITY ATTORNEY
(RLD/09/21/18; 102877)
APPROVED:
~-£.n-
OLIN LANE JR., MAYOR
ATTEST:
CHRISTINE GREEN, CITY SECRETARY
EXHIBIT “A”
EXHIBIT “B”
EXHIBIT “C”
NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU
MAY REMOVE OR STRIKE ANY OF THE FOLLOWING INFORMATION FROM THIS
INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS:
YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER’S LICENSE NUMBER
SANITARY SEWER EASEMENT DEED
STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF DALLAS §
That _________________________, Grantor, being the owner in fee simple of real
property (“Property”) located within the City of University Park, Texas, said Property being more
particularly described and depicted in Exhibit A attached hereto and incorporated by reference
herein for all purposes, the same as if fully copied herein, for and in consideration of the
abandonment of an existing easement and other good and valuable consideration given by the City
of University Park, Texas, as Grantee, the receipt and sufficiency of which is hereby
acknowledged, has dedicated, granted, sold and conveyed, and by these presents does dedicate,
grant, sell and convey unto the said Grantee a sanitary sewer easement, including the right of
ingress, egress, and regress therein, to construct, reconstruct, and maintain a public sanitary sewer,
or any appurtenance deemed necessary thereto by said Grantee into and through the Property.
To have and to hold the Property for public sanitary sewer purposes deemed necessary by
the Grantee, with the right of ingress, egress, and regress therein, together with all and singular the
usual rights thereto in anywise belonging, unto the said Grantee, its successors and assigns,
forever, and Grantor does hereby bind itself, its successors and assigns, to warrant and forever
defend, all and singular, the said Property unto the said Grantee, its successors and assigns, against
every person whomsoever lawfully claiming or to claim the same or any part thereof.
In witness whereof, I, the undersigned duly authorized officer of the
______________________, have hereunto subscribed my name this _______ day of
_______________________2018.
GRANTOR,
______________________________________
By: __________________________________
Its: ___________________________________
Address: ______________________________
______________________________________
______________________________________
GRANTOR’S ACKNOWLEDGMENT
STATE OF TEXAS §
§
COUNTY OF DALLAS §
THIS INSTRUMENT WAS ACKNOWLEDGED BEFORE ME ON THE _______ DAY
OF ________________________, 2018, BY ___________________________________,
__________________________ OF THE ___________________________________________,
ON BEHALF OF SAID ___________________.
Notary Public, State of Texas
My Commission expires:
Grantee’s Address:
City of University Park
Attn: Director of Public Works
3800 University Blvd.
University Park, Texas 75205
EXHIBIT A
AFTER RECORDING RETURN TO:
Robert L. Dillard III
Nichols, Jackson, Dillard, Hager & Smith, L.L.P.
500 N. Akard Street
Suite 1800
Dallas, Texas 75201