HomeMy WebLinkAboutOrdinance No. 16-028 Abandoning alley right-of-way adjacent to 6517 HillcrestORDINANCE NO. 16-028
AN ORDINANCE OF THE CITY OF UNIVERSITY PARK TEXAS,
ABANDONING AN ALLEY EASEMENT, MORE PARTICULARLY DESCRIBED IN
EXHIBIT A HERETO, TO THE ABUTTING OWNER, SPC HILLCREST
INVESTMENTS, L. P., IN EXCHANGE FOR A MUTUAL ACCESS EASEMENT FOR
STREET AND SIDEWALK PURPOSES AT THE SOUTHWEST CORNER OF DANIEL
AND HILLCREST, A PUBLIC UTILITY EASEMENT AND OTHER CONSIDERATION;
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 alley 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, SPC Hillcrest Investments L. P. ("Owner"), a 2,250 square
feet alley easement that is no longer needed or necessary for public purposes by the City, said alley
easement being more particularly described 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 conditions of this ordinance.
SECTION 3. That upon delivery of a Mutual Access Easement for Street and Sidewalk
Uses by Owner to the City of University Park for the property described in Exhibit "B", a Public
Utility Easement to the City of University Park for the property described in Exhibit "A" (to be
released by the City upon completion of the relocation by Owner of the existing utility lines into
public right-of-way or easement and acceptance of such work by the City), and payment to the City
by Owner of $310,834.88, the City Secretary is directed to prepare a certified copy of this ordinance
and furnish the same to the Owner for recording in the Real Property Records of Dallas County.
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 of all such right, title or interest
ofthe City ofUniversity Park in and to the abandoned area, 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 ofthe City ofUniversity Park, Texas, on the 61h day of
December 2016.
APPROVED:
ATTEST:
CHRISTINE GREEN, CITY SECRETARY
(RLD/1 1 /29/ 16; 77840)
.,.:.
EXHIBIT "A"
15' ALLEY ABANDONMENT
BLOCK 3, UNIVERSITY PARK ADDITION
JOHN SCURLOCK SURVEY, ABSTRACT NO. 1351
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS.
Being a 2,250 square foot tract of land situated in the John Scurlock Survey, Abstract
Number 1351 , City of University Park, Dallas County, Texas and being all of a 15' alley
in Block 3, University Park Addition , an addition to the City of University Park, Dallas
County, Texas, according to the plat recorded in Volume 2, Page 6, Map Records,
Dallas County, Texas and being more particularly described as follows:
BEGINNING at a chiseled "X" in concrete found for corner at the intersection of the north
line of Haynie Avenue (50' right-of-way) and the east line of said 15' alley, said "X" being
the southwest corner of Lot 12, said Block 3;
THENCE South 89° 16' 53" West along the extension of the north line of said Haynie
Avenue a distance of 15.00 feet to a chiseled "X" in concrete found for corner at the
intersection of the north line of said Haynie Avenue and the west line of said 15' alley,
said "X" being the southeast corner of Lot 10 of said Block 3;
THENCE North oo o 24' 47" West, departing the north line of said Haynie Avenue and
along the west line of said 15' alley and the east line of said Lot 10, a distance of 150.00
feet to a chiseled "X" in concrete found for corner at the intersection of the south line of
Daniel Avenue (70' right-of-way) and the west line of said 15' alley, said "X" being the
northeast corner of said Lot 10, from which a chiseled "X" in concrete found bears
North 08° 43' 15" West a distance of 0.44 feet;
THENCE North 89° 16' 53" East along the extension of the south line of said Daniel
Avenue a distance of 15.00 feet to a chiseled "X" in concrete found for corner at the
intersection of the east line of said 15' alley and the south line of said Daniel Avenue,
said "X" being the northwest corner of Lot 11 of said Block 3, from which a chiseled "X"
in concrete found bears North sr 15' 51 " West a distance of 0.88 feet;
THENCE South oo o 24' 47" East, departing the south line of said Daniel Avenue and
along the east line of said 15' alley and the west line of said Lot 11 and said Lot 12 , a
distance of 150.00 feet to the POINT OF BEGINNING, containing 2,250 square feet or
0.0517 acres more or less.
Basis of Bearings: The east line (N00024'47"W) of Lot 10, Block 3, University Park
Addition recorded in Volume 2, Page 6, Map Records, Dallas County, Texas per City of
University Park Geodetic Control Monument System (Monument No. 16) and azimuth
marker, as re-established by Raymond L. Goodson, Jr. Inc. dated July 2003.
"'"'" . ·· .. '· . '! ' ') .
..........
·-----... ~~~~··:~~~:_?:::·
G. Richard Busb
02-03-2016
R.P.L.S. No .4111
SHEET 1 OF 2
LOT I, BLOCK H
CAMPUS HCICHTS NO. I
VOI.UME 4. PACE 198
M.R.D.C. T.
DANIEL A VENUE
{VARIABLE WIDTH R!GffT-OF-WA Y)
EXHIBIT "A"
LOT i, BL OCK A j t LOT 7, BLOCK F CAMPUS HDGHTS NO. I :j IJN!Vl::RSITY PARK ADD!IION VOLUME 4, PAGF 198 «: VOL/JMr 2. PAGr S4
MRDC T ~ MRDCT
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0 30 60
(FEE T)
12 0
N89"16'53"E
S89'16'5J''w /S OO' inch = 60 ft.
.384.40' . ' ,/L..,-CMF.
'1-~LC INC" BLOCK 3 ~
.__ .__ UNIVERSITY PARK ADDITION c:::i LO! II r
YCIRF ---' I --s4. 4-0-, --::-
<::1 <::;, VOLUME 2, PAC£ 6 Lf)
.... .... M. R. D. C. T 0.P V)' "·
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BLOCK 3 ~
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UNIVF.RSITY PARK ADDITION
VOLUME 2, PAGE 6
M.R.D.CT.
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SPC HIUCR£ST INVfCSTM£NTS, L.f'.-
INSTRUMENT NUMBER 201500282785 ) , OPROCT ~
LOT 12 ~
~---____ 1_80)J_Q~--_____ _
S89'76'53"W
323.60'
HA YNIE A VENUE
S89"16'53''W
15.00'
(50' R!GHT-OF-WA Y)
POINT OF
BEGINN!N.:...:G:___
LO~I
BLOCK 2
UNIVERSITY PARK ADDITION
VOLUME 2, PAGE 6
MR.D.CT.
I
BASIS OF BEARINGS· The east line {N00'24'47"W) of Lot 10.
Block 3. University Pork Addition recorded in Volume 2, Poge
6, Map Records, Dallas County, Texas per City of University
Pork Geodetic Control Monument System (Monument No. 16)
and azimuth marker, as re-established by Raymond L.
Goodson, Jr., Inc., dated July 2003.
CONTROLLING MONUME:NTS SHOWN
LEGEND
·----PROP[RTr LINE
...... LOT LINE
YCIRF "RLC INC" ... . 1/2" IRON ROO WITH YELLOW PLASnC
CAP STAMPED "RLC INC" FOUND
IPF .. . IRON PIPE FOUNO
CMf ...... CHISELED ''X" FOUND
LOT 11
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(CM) ...... CONTROLLING MONUMENT 15'
BLOCK 3 ,
ALLEY ABANDONMENT
Uf.!I VER S ITY PARK ADDITION
RA YMOND L. GOODSON, JR., INC.
5445 LA SJERRA, STE 300, LB 17
DALLAS. TX. 7.'iZ31-4138
2 14 -739-8100
rl,g@rLginc. com
TEXAS PE REG #F-4 93
TBPLS REG N 7 00341 --00
JOHN SCURLOCK SURVE Y ABSTRA CT N O. 1351
CITY OF UNIVER SITY PARK, DALLA S COUNTY, TEXAS
SCALE 1" ~7 60' DATE' ·~----------~-----~-----------r------.-------~
JOB NO 16009 E -FILE' 16009oo. dwq 26,3!0X
EXHIBIT "B"
MUTUAL ACCESS EASEMENT
LOT 1'1, BLOCK 3
UNIVERSITY PARK ADDITION
JOHN SCURLOCK SURVEY, ABSTRACT NO. 1351
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
Being a 392 square foot (0.009 acres ) tr::1ct of land s1tuated in the John Scurlock Sur,rey.
A.bstract o. 135'1. City of Univ ersity P::1rk. Dalt::1s Count·,-. Texas. being part of Lot 11. Block 3
of University Par'k Addition. an ::1ddition to the City of Unive rsity Park. according to the plat
recorded in Volume 2. Page 6. rv ap Records. Dallas County. Texas and being a part of the
same tract of land described in a Special vVarranty· Deed (·: .. ith Vendor's Lien). to SPC Hillcrest
LP. recorded as Instrument No. 20150028278: .. Official Public Records. Dallas County. Texas
::1nd being more particularly described as follows:
COMMENCING from a chiseled ·x-fou nd in concrete at the intersection of the south line of
Daniel Avenue (a variable w·idth right-of-·.'."af'). the north line of said SPC Hillcrest LP tract and
the northeast corner of a '15-foot alley for the north·::est corner of said Lot 11. from which a
chiseled ·x" found in concrete bears ·south 00' 24" 4 T Ea st. a distance of 150.00 feet to the
intersection of the north line of Ha:mte Street (::1 50' right-of-way). the south line of said SPC
Hillcrest LP tract and the southeast corner of said ·I S-foot ::1lley for the south\"'·est corner of Lot
12 of sa id addition:
THENCE North 89' 16' 53'" East. along the south line of s.Jid Daniel Street and the north line of
said Lot 1 ·1 and said SPC Hillcrest LP tract a dist:Jnce of 150.32 feet to the POINT OF
BEGINNING:
THENCE North 89' 16' 53'" East. contHIU ing along the south line of said Dan1el Street and the
north line of said Lot 1 I and said SPC Hillcrest LP tract. a distance of 29.138 fee t to a 11,.•1AG Nail
se t at the intersection of the south line of said Daniel Street with the w·est line of Hillcre st Driv e
(a 100" right-of-\vay; for the northeast comer of said Lot 11 and said SPC Hillcrest LP tract:
THENCE South 00 , 24' 47" East, along the ._,~~est line of said Hillcrest Drive and the east lme of
sa id Lot 11 and sa1d SPC Hillcrest LP tract. a dtstance of 31.99 feet to a point, from which a
ch iseled ··x" set in concrete at the intersecti on of said west li ne of Hillcrest Drive and the north
li ne of sa id Havnie A.,renue. bears South 00' 24' 47" East. a distance of 1 18.01 feet for the
southeast cor~er of -aid lot 12 and said SPC Hillcrest LP tract for the beginmng of a non-
ta ngent curve to the left;
THENCE over and across said Lot 11 ;:mel sa id SPC HiHcrest LP tract ::1nd along said non-
tangent curve to the left. which has a chord that bears North 43' 24' 31 " \'Vest for 4352 feet. a
central angle of 29'· 50' 3T East and a radius of 84 .... 0 feet. for an ::1rc distance of 44.01 to the
POINT OF BEGINNING contam1ng 392 square feet or 0.009 acres of land. more or less.
Bearings are based on a ca ll of South 89° 16' 53" West. ::1long the north line of Haynie Avenue
per the City· of University Park Geodetic Control Monument System (Monument No. 16) and its
azirnuth marker. as re-established by Ra ymond L. Goodson Jr.. Inc . dated July· 2003.
SHEET 1 OF 2 xx .xxx
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S0/4'1/"t. .$199.
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EXHIBIT "B"
80 LEGEND
--·--PRQP£R7YUN£
(;/.Is / CMf ...... CH."5tLt0 "X" st.' / f()if·VIJ
loiRf!CT
O.P.R.D. C 1:
(J,RDC.f
. .... MA(; NAil SF l
UAP R[r:Oli'O.\ 0~11 A\' C:OIJh'TY. TF:<A <;
...... GY:.TtCIAL PUBLIC RECORDS, DALLAS COU.Nl'r; !£XA~
....... !;£[0 R£C()R{J.'i, OAIIAS COUNTY, TfXA~
18000'
f{)T J?
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/Ol 721 !l, PC 859 ·-..,_
D.t?O.C.T f \ __ _.r: I
HA YNI£ A VENUE
{50' R!GHT-OF-WA Y}
C!JR Vr TA/?1 [
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CU.h/Vt I /)t/ fJ. I HAIJ!US 1 /ANW::.N ! l t t.NC/."1 I CH. HHG~ I CHOHiJ
c .t I 29 '!JO 'J/" I 84. j ()' I 22. ::,.;!' I 44. a:' I N4.J '24 '.JI "w I1J. j2'
BASIS OF BE.A.RINCS: City o f Uni•ersily Pork Ceoc!ettc Control
.V~?numr::n t Sy.:;rc:'rn (,Von:.Jtnf:n r No. 16) anCJ ozirr.utn tr..ao:or.
os rr~-(.'s·loDJ/()ht:•d by Noyrnond f. Coori.';Ot}, .Jr. lnc., rintcd S!!EET 2 OF 2 ~'u.'y ?OO.J.
CONTROLUNC MONUMENTS. 51-iOWN
RAYMOND L. GOODSON. JR. INC.
5445 LA S'JEllRA. S1'E 300, LD 17
DM./.AS. TX. 7528 I 4 I .':18
214-739-8100
rlgCrrg"in.c.cO'm
7'P:XAS PP: RKC #i" 49,1
7'8Pl.S RE'G #I 0034 f -00
MUTUAL ACCESS EASEMENT
LOT 11, BLOCK 3,
UNIVERSITY PARK ADDITION
JOHN SCURLOCK SURVEY, ABSTRACT NO. 1351
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
SCALE 7" = 40' DATE 12-1-2(.),'6
JOI?No l 1600 9.!0 l t -111 £ l60u9tOU.L i lD f'lCNO XX. XXX
AFTER RECORDING RETURN TO:
Kane Russell Coleman & Logan PC
1601 Elm Street, Suite 3700
Dallas, Texas 75201
Attn: Raymond J. Kane
STATE OF TEXAS
COUNTY OF DALLAS
§
§
§
KNOW ALL MEN BY THESE PRESENTS:
MUTUAL ACCESS EASEMENT FOR STREET AND SIDEWALK USES
THAT the undersigned, SPC Hillcrest LP, as Grantor, owner of the property described in
Exhibit "A", attached hereto and made part hereof for all purposes (the "Property"), in the City of
University Park, Dallas County, Texas, (the "City"), for TEN DOLLARS and other good and
valuable consideration, the receipt and sufficiency of which is acknowledged, does hereby
impress a MUTUAL ACCESS EASEMENT for street and sidewalk uses upon said Property and
grant, bargain, and convey unto the City ofUniversity Park, its successors or assigns, as Grantee,
a non-exclusive mutual access easement for the use of the Property for public street and sidewalk
uses, in common with Grantor. Grantor retains the right of usage and access over the Property,
for street and sidewalk purposes, in common with Grantee.
Grantee shall be solely responsible for any and all construction, maintenance and repairs
to the Property. In the event that City's maintenance and/or other activities on the Property
results in any damage to or destruction of any improvements constructed or installed now or in
the future on the adjacent land owned by Grantor, then Grantee agrees to repair or replace, as
necessary, at Grantee's expense, any such improvements so damaged or destroyed.
It is hereby further agreed that this MUTUAL ACCESS EASEMENT for street and
sidewalk uses may not be released, altered, amended, or waived in any respect without the prior
written consent and joinder ofthe City, acting by and through its duly authorized officer.
[signature page follows on next page]
5813577 v6 ( 19250.000 18.007)
rJ IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on
the.3_ day ofBecember 2819. ~nuJ)J L-j 1 Jolt.
GRANTOR
SPC HILLCREST LP,
a Texas limited partnership
By: SPC HILLCREST GENERAL LLC,
a Texas limited liability company,
its general partner
Snider Plaza, Suite 220, Dallas, Texas 75205
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DALLAS ~ This instrument was acknowledged before me on the 0 1 d day of . J{l()LLtJ...,r..._f ~ Ol ~ 2017, by :Tame~ f .5-frccJ~ manager of SPC Hillcrest General LLC, a Texas limited liability
company, the general partner of SPC Hillcrest L P, a Texas limited partnership, on behalf of such
partnership. diJJ' r
GAILJ BOND ~ 0 Notary ID #6459511 A--,.,
My Commission Expires lLJ'-(
Mar22,2o21 Notary Public, State of Texas J... ... ~~ .............. """
My Commission Expires
2 5813577 v6 (19250.00018.007)
IN WITNESS WHEREOF, the undersigned has caused this instrument to be executed on
the /2 day ofJanuary, 2018.
GRANTEE
CITY OF UNIVERSITY PARK
By: Q _Q.____
Name: __ ~~~b='=~~~~~=~~--------
Title: &iy AINA.J<C
ACKNOWLEDGEMENT
STATE OF TEXAS
COUNTY OF DALLAS
This instrument was acknowledged before me on the l'l---\W day of January, 2018, by
R_ob'v\-e. LorA-e"f" , C.\~ 'fY\a..~~r of the City ofUniversity Park, on behalf of
the city.
Notary Public, State ofTexas
o"i / ~ 5} '}_o\ ~
My Commission Expires
,.~v''P~··· CHRISTINE L. GREEN ,$0~~ i" "'% Notary Public \"">~~~) State of Texas
V .. '£ .. ~ .. :;.~;/ Comm. Expires 04/25/2018
3 58 13577 v6 (1925000018.007)
MUTUAL ACCESS EASEMENT
LOT 11, BLOCK 3
UNIVERSITY PARK ADDITION
JOHN SCURLOCK SURVEY, ABSTRACT NO. 1351
CITY OF UNIVERSITY PARK, DALLAS COUNTY, TEXAS
Being a 392 square foot (0.009 acres) tract of land situated in the John Scurlock Survey, Abstract
No. 1351, City of University Park, Dallas County, Texas, being part of Lot 11 , Block 3 of
University Park Addition, an addition to the City of University Park, according to the plat
recorded in Volume 2, Page 6, Map Records, Dallas County, Texas and being a part of the same
tract of land described in a Special Warranty Deed (with Vendor's Lien), to SPC Hillcrest LP,
recorded as Instrument No. 201500282785, Official Public Records, Dallas County, Texas and
being more particularly described as follows:
COMMENCING from a chiseled "X" found in concrete at the intersection of the south line of
Daniel Avenue (a variable width right-of-way), the north line of said SPC Hillcrest LP tract and
the northeast corner of a 15-foot alley for the northwest corner of said Lot 11 , from which a
chiseled "X" found in concrete bears South 00° 24' 4 7" East, a distance of 150.00 feet to the
intersection of the north line of Haynie Street (a 50' right-of-way), the south line of said SPC
Hillcrest LP tract and the southeast corner of said 15-foot alley for the southwest corner of Lot
12 of said addition;
THENCE North 89° 16' 53" East, along the south line of said Daniel Street and the north line of
said Lot 11 and said SPC Hillcrest LP tract, a distance of 150.32 feet to the POINT OF
BEGINNING;
THENCE North 89° 16' 53" East, continuing along the south line of said Daniel Street and the
north line of said Lot 11 and said SPC Hillcrest LP tract, a distance of 29.68 feet to a MAG Nail
set at the intersection of the south line of said Daniel Street with the west line of Hillcrest Drive
(a 1 00' right-of-way) for the northeast corner of said Lot 11 and said SPC Hillcrest LP tract;
THENCE South 00° 24' 4 7" East, along the west line of said Hillcrest Drive and the east line of
said Lot 11 arid said SPC Hillcrest LP tract, a distance of 31.99 feet to a point, from which a
chiseled "X" set in concrete at the intersection of said west line of Hillcrest Drive and the north
line of said Haynie Avenue, bears South 00° 24' 47" East, a distance of 118.01 feet for the
southeast corner of said Lot 12 and said SPC Hillcrest LP tract for the beginning of a non-
tangent curve to the left;
THENCE over and across said Lot 11 and said SPC Hillcrest LP tract and along said non-
tangent curve to the left, which has a chord that bears North 43 ° 24' 31" West for 43.52 feet, a
central angle of 29° 50' 37" East and a radius of 84.50 feet, for an arc distance of 44.01 to the
POINT OF BEGINNING containing 392 square feet or 0.009 acres of land, more or less.
Bearings are based on a call of South 89° 16' 53" West, along the north line of Haynie Avenue
per the City of University Park Geodetic Control Monument System (Monument No. 16) and its
azimuth marker, as re-established by Raymond L. Goodson Jr., Inc., dated July 2003.
4 5813577 v6 ( 19250 000 18.007)
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os rc-es/oblisllod by Roynond L Ccodson, Jr .• inc., doted SH:.rr 2 or 2 vl.lly 200J.
CONTT?OWNC J.IO.·:UJ.IEN TS: SHOt.~
RAYMOND L. COOD ON. JR .. INC.
54 45 1..A SIERRA, S1'E 300, LD t 1
DA.UJ.S. rx. 15231 -4 I 38
214-739-8100
rlgO.,.Ig{>IC eom
fE~S Pl RlC tF-493
rOPLS REC 1100311-00
MUTUAL ACCESS EASEMENT
LOT 11, BLOCK 3,
UNIVERSITY PARK ADDITION
JOHN SCURLOCK SURVEY. ABSTRACT NO. 1351
CITY OF UNIVERSITY PARK, DALLA COUNTY. TEXAS
SCALE t" = 40' OAT[ !2-1-2016
JOB NO. 16009.10 [-FIL E xx.xxx
5 58 13577 v6 (19250.00018.007)