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HomeMy WebLinkAboutOrdinance No. 21-014 Abandoning easement at 6815 BaltimoreORDINANCE NO.21-014 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK TEXAS,ABANDONING A UTILITY EASEMENT OF 2,987 SQUARE FEET,MORE PARTICULARL Y DESCRIBED AND DEPICTED IN EXHIBIT "A"ATTACHED HERETO,TO THE ABUTTING OWNERS,RANDALL S.FOIT ASEK AND OLAMAIE FOJTASEK,FOR ONE HUNDRED FORTY-FIVE THOUSAND DOLLARS ($145,437.03)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 utility 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 owners,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 owners,Randall S.Fojtasek and Olamaie Fojtasek ("Owner"),a 2,987 square feet utility that is no longer needed or necessary for public utility 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.The City of University Park does not abandon any other interest other than described and depicted in Exhibit "A",but does hereby abandon all its right,title,or interest in the abandoned area,together with all improvements thereon,if any,subject however,to the conditions of this ordinance. SECTION 3.The City has obtained an appraisal of the fair market value of the abandoned area.That upon delivery of payment to the City by Owner of $145,437.03,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 of the City of University 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 of the City of University Park,Texas,on the 1st day of June 2021. APPROVED: ~~~ TOMMY STEWART,MAYOR PROVE ~m CITY ATTORNEY (RLD/05/13/2021;122466) ATTEST: CHRISTINE GREEN,CITY SECRETARY EXHIBIT"A" DATE:12/11/2017 JOB NO.17-12-024 SHEET 1 OF 4 EXHIBIT PROPERlY DESCRIPTION: BEING A PART OF LOT 2,IN BLOCK 9,OF BROOKSIDE ESTATES, AN ADDITION TO THE CITY OF UNIVERSITY PARK,DALLAS COUNlY, TEXAS,ACCORDING TO THE MAP THEREOF RECORDED IN VOLUME 4,PAGE 85,OF THE MAP RECORDS OF DALLAS COUNlY,TEXAS, AND BEING A PART OF A CALLED 0.992 ACRE TRACT OF LAND DESCRIBED IN A DEED TO RANDALL S.FOJTASEK AND OLAMAIE FOJTASEK,DEED RECORDS,DALLAS COUNlY,TEXAS,AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A "NAIL"FOUND FOR CORNER IN THE SOUTHWEST RIGHT-OF-WAY LINE OF BALTIMORE DRIVE (60'RIGHT-OF-WAY), AT THE MOST NORTHERN CORNER OF SAID 0.992 ACRE TRACT AND SAID LOT 2,SAID POINT BEING THE BEGINNING OF A CURVE TO THE LEFT HAVING A RADIUS OF 880.00 FEET,A CENTRAL ANGLE OF 00"58'40"AND A CHORD WHICH BEARS SOUTH 15'25'20"EAST,A DISTANCE OF 15.02 FEET; THENCE IN A SOUTHEASTERLYDIRECTION ALONG THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID BALTIMORE DRIVE,AN ARC DISTANCE OF 15.02 FEET TO A POINT FOR CORNER; THENCE SOUTH 71'59'15"WEST DEPARTING THE SOUTHWEST RIGHT-OF-WAY LINE OF SAID BALTIMORE DRIVE,A DISTANCE OF 198.49 FEET TO A POINT FOR CORNER; THENCE NORTH 20'34'53"WEST,A DISTANCE OF 15.02 FEET TO A POINT FOR CORNER,FROM WHICH A 1/2"IRON ROD FOUND FOR CORNER AT THE NORTHWEST CORNER OF SAID LOT 2 BEARS S 71'59'15"W,A DISTANCE OF 5.01 FEET; THENCE NORTH 71'59'15"EAST ALONG THE NORTH LINE OF SAID LOT 2,A DISTANCE OF 199.84 FEET TO THE PLACE OF BEGINNING AND CONTAINING 2,987 SQUARE FEET OR 0.069 ACRES OF LAND. PREPARED BY: JASON L.MORGAN,R.P.L.S.NO.5587 GLOBAL LAt'-..D SURVEYING,.NC. P.O.BOX 260369 PLANO,TEXAS 75026 PHONE (972)881-1700 JMORGAN@GLS-INC.COM TBPELS FIRM NO.10016300 EXHIBITDATE:12/11/2017 JOB NO.17-12-024 SHEET 2 OF 4 \\ \\ \\ \\ \\ \\ \\ \\ \\\S'EASEMENT \\VOLUMM~R:O.6.~~ES8 \ LOT 5 \ BLOCK 10 \\ BROOKSIDE ESTATES\ VOLUME 4,PAGE 85 \\ M.R.D.C.T...l-~ _----'b_ __-~~.S'EASEMENT LOT 2 _-~"'"\\VOLUME 4,PAGE 58 BLOCK 9-_-•U',,\\M.R.D.C.T.BROOKSIDE ESTATES _--~\\\~VOLUME 4,PAGE 85 --LOT 1 \~M.R.D.C.T. BLOCK 9 \\\ BROOKSIDE ESTATES \\ VOLUME 4,PAGE 8S \\\ M.R.D.C.T.\\,\' \',\',\ \\\,'\\ \\ \ \ \ \ \ \ \ \LOT 3A BLOCK 10 AMENDING PLAT BROOKSIDE ESTATESCCII201700247092 M.R.D.C.T. 1S'EASEMENT VOLUME 4,PAGE S8 M.R.D.C.T.BEGIN \ R=880.00' t.=00·58'40· CB=S 15-25'20"E CH=15.02' l=15.02' \ \ \ \ GRAPHIC SCALE: 1 INCH =40 FEET PREPARED BY: JASON L.MORGAN,R.P.L.S.NO.5587 GLOBAL LA \JD SJRVEYIt\G,II\C. P.o.BOX 260369 PLANO,TEXAS 75026 PHONE (972)881-1700 JMORGAN@GLS-INC.COM TBPELS FIRM NO.10016300