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HomeMy WebLinkAboutOrdinance No. 21-018 abandoning street right-of-way at 6700 Turtle CreekORDINANCE NO.21-018 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK TEXAS,ABANDONING A STREET RIGHT-OF-WAY OF 1,693 SQUARE FEET,MORE PARTICULARLY DESCRIBED AND DEPICTED IN EXHIBIT "A"ATTACHED HERETO,TO THE ABUTTING OWNER,BRAD K.HEPNER,TRUSTEE OF THE HEPNER FAMILY TRUST, FOR THREE HUNDRED THOUSAND DOLLARS ($300,000.00)CONSIDERATION; SUBJECT TO DEVELOPMENT CONDITIONS;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 Street right-of-way,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 owner,Brad K.Hepner,Trustee of the Hepner Family Trust ("Owner"),a 1,693 square feet portion of the street right-of-way of Turtle Creek Boulevard that is no longer needed or necessary for public street purposes by the City,said right-of-way 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.This abandonment is subject to the following special conditions to be enforced by the Public Works Director or designee through permitting,inspection,and approval of development of the property,to wit: A.The Owner will maintain the sight triangle at the comer of Turtle Creek Boulevard and Vassar as required by Section 12.01.012 of the Code of Ordinances of the City,free and clear of landscape materials or improvements over 30"in height. B.A Special Exception for placement of a fence and gate on the Owner's private property may be applied for by the Owner and shall be subject to approval by the Zoning Board of Adjustment under the requirements of Section 8.4.4 of the Comprehensive Zoning Ordinance. SECTION 3.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 4.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 $300,000.00,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 6th day of July 2021. APPROVED: TOMMY STEWART,MAYOR (RLO/05/20/2021;122625) ATTEST: CHRISTINE GREEN,CITYSECRETARY EXHIBIT "A" W W W WW W W W