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HomeMy WebLinkAboutOrdinance No. 05 44 7417 Turtle Creek ORDINANCE NO. 05/44 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE RIGHT-OF-WAY OF TURTLE CREEK BOULEVARD AS MORE PARTICULARLY DESCRIBED IN EXHIBIT "A", TO THE ABUTTING OWNERS, JAMES VANHORN OLIVER AND At~NE MARTIN OLIVER, IN CONSIDERATION OF THE PAYMENT OF $74,372.08 TO THE CITY; 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, described in Exhibit "A", is no longer needed or necessary for public purposes by the City; and WHEREAS, the abutting property owners have agreed to pay the City the market value of the interest being abandoned, as determined by an appraisal obtained by the City; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF UNIVERSITY PARK, TEXAS: SECTION 1. That for and in consideration of the payment to the City of University Park of $74,372.08, the City of University Park hereby abandons and quitclaims in favor of the abutting owners, James Vanhorn Oliver and Anne Martin Oliver, all that certain tract or parcel of land more particularly depicted and described in Exhibit "A", attached hereto and made a part hereof for all purposes, the same as if fully copied herein, consisting of 1,824.42 square feet (0.0419 acres), more or less, of street right-of-way of Turtle Creek Boulevard, in the City of University Park, Dallas County, Texas. SECTION 2. That the rights being abandoned in the property described in Exhibit "A" consist of street right-of-way as shown in said Exhibit. SECTION 3. That the City of University Park does not abandon any other interest other than that described in Exhibit "A", but does hereby abandon all of its right, title, or interest, either in fee simple or by easement, or otherwise, in the described property, together with any and all improvements thereon. 80186 SECTION 4. That upon delivery of the amount stated above in section 1, the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to James Vanhorn Oliver and Anne Martin Oliver, and 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 to the said James Vanhorn Oliver and Anne Martin Oliver, of such right, title or interest of the City of University Park in and to such street right-of-way described in Exhibit "A", either in fee simple or by easement or otherwise. SECTION 5. 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 of University Park, Texas, on the 13th day of December 2005. APPROVED: G;d~ CITY ATTORNEY (RLD/12-6-05) ATTEST: 80186 EXHIBIT A LEGAL DESCRIPTION t N I HANOVER A VENUE (' ,-,.,_-_..,....>"'.-~.-:,(L.6.~.oo_~~_-:,O,.=.-..,..-.T.,"~.,.".:::.~=-" 1'."\ ,\ 14" l.r~ ,'~"ONC ij1""" _ EASL ~__j 55.00:___ "'V'j [fl;~~]~~\4~. ~j3,/, Vl ~ :~f'%<'{~ .}5- ~ o Itij ~Y/):7, y* ~ 0 I r~~ ~'{t::, ' P"t-.i ~ ~ ~ /, :t.~ ~ f%./l.. // 0>, ~~ /;/ / ~r~ -- ~// i,,;J / X "' I~I.{.~//, BEGINNING POINT ~.>.)\~ ".- ~f'V <:;.' ~O CJ[>: 00ljV- " I' I: .I ! j! i ~ I :1 i"'~1 r(~, il.t1.,;; , I ! LOT 9 17,294.34 SQ. FT. OR 0.3970 ACRES /fJ-t" ., <1', \",.>J h~:?~~ ! ! I z' 8' '" O!. LOT 8 ~tf G~ BLOCK 2 UNIVERSITY HEIGHTS THIRD SECnON VOL. 4, PG. 232 MR.D.C. r '\\,. ~ ,\Ij~ -"'''.' "",<","', 'R' "'"'J"''' I PROPERTY OESCRIPTION BEING all of that certain lot, tract or parcel of land situated in the Josiah Barker Survey, A-BO, and being 0 portion of Turtle Creek Boulevard ( a v<Irtoblc width R.O.W. ) adjacent to the southeast Hne at Lot 9, Block 2 of UNIVERSITY HEIGHTS THIRD SECTION, on addition to the City of University Pork, Dedios County, Texas, recorded in Volume 4, Page 232 of the Mop Records of Dallas County, Texas, soid tract being more porliculorly described cis follows: BEGINNING ot 0 1/2" iron rod found at the southeast comer of soid Lot 9, soid point being in the present northwest line of Turtle Creek Boulevord and being S 00'23'46" E, 54.51' from the south R.O,W, line of Hanover Avenue (0 55' R.O.W, ): THENCE S 00'23'46" E. 15.41' olong the extended eost line of sold Lot 9 to a 3/4~ iron rod sel In the proposed northwest line of Turtle Creek Boulevard; THENCE S 53'59'44" W, 149,98' olong the proposed northwest line of Turtle Creek Boulevard to 0 3/4" iron rod set for corner; THENCE S 84'21'.36" W, 19.41' to 0 1/2" iron rod found in the south line of soid Lot 9 and being in the north line of an existing 10' wide olley. THENCE N 53'06'30" E, 175.72' along the southeast tine of said Lot 9 to the Point of Beginning cnd containing 1,824.42 square feet or 0.0419 acres of land. TO THE CITY or UNJV'(R$! ry PARK. JAMES \lI\NHor~~l OUV[I<, AW'H:: MAR'W-I OUVU{ AND AU. OTHEH PAR11[S H'HERES1EC iN Pf-lt:MISLS SURVE. Y[[): H,f! unrlw!>igned does '1flreby certify iha! this plol correctly snows 0 svrvey mOOt! on 171;S dey under my IJcrsono! :;uperl/tsion. on the 91.o<..lno 01 the property described hereon, l1nej cor.ectly shows the. lacotinfl. gize al1d type oj m')numentOlion found or pIeced this doy. end that tfle sile, iucotion and :ype of bllildings W1C improvement:; are os f;how here<Jll, ihe huildings C~E se.l bOl;k from tn..;! proper!y li~l~;; the dlsjances in:licoted, (he difT1er'sions 01 the p-operty ore correctly shown o~ld th<lt l:lcre ore 110 discrepor!cic:>. cOf'rticts, bOundary lir'f~ t'or:flids. ercrO(H.:hrnents \.If ':;werluppil19 ;)1 improwr:lnnt>. O(\~O Dr fro(l1 (1c!joining propf!rly, party won,>, protrusions, fencp.s, ev't!ef1ce Of ohandonco fe"CDS, nonds, creeks, slreor!l$ or rivers, ex-ceDI os shown ne~p.ol\ or'ld th'1t oH visible eoserTlp.nls and r'ghls 01 woy, or eQ5emerlls ant! rk;hts of wcy which FlQVl.!' t'1i!f'n '~li.HJe known Ie ,O'l.!' ort! (J>; :,1->0""" ',e'~~or;. I"wd !11O\ said property hl:';, {jCCC~ia mod (torn ;J dcrjicoted rUOd...,'.))'. Hip' areo of the propert}' is eorrectty ~rlOWr't this s;,uI/ey. surv{~y mt"!llls. ,hfl Mirirrlurr, StCfl(J(lr~J DeluIl f~eqlJi"ernenh; of nn Urbar: Land '.iurvey 8sta!ltished ope ,.HJoP(Cd by ~\LTA Q~d i:.C-:;M rn 1999 on<! !'lC minimum standards Category ',A" Con(litiOli : Survey {eqvircd by ~!~e lSP'S. A" of irl!! dote of ihig SUrl/l.!Y. tni~: ~'fOI)er{y does not lie ,.,.ithin ~1:~y k.~owr~ desiqnolerJ flood pklir. 01 fiond hClzord Gr~o, Thi~ propp.r\y lie$ wilh;" Zone ", os shown on nood lnSuronce R::te Mop :~o 4811JC0335 J, ,jotNJ e/2j/2001 _~r;:;.[,2~;:__uu_ _.. RFGIS'TRm PROFfSSION/I-l :.AHD Slir~\I[Y0R NO ~11l 4"~:\~>" /t;:~~~{~~;J:'\ '1'..':"''''.'' '(~~:':';'''.: ~..:. , SURVEY PLA T OF PART OF TURTLE CREEK BOULEVARD R.O.W., UNIVERSITY PARK, DALLAS COUNTY, TEXAS. SCALE: !" = 20' Q4 VIS LAND SURVEYING CO., /NC. 9777 FERCUSON ROAD, SUITE' /05 DALLAS. lFXA$ 15228 214-32/-0569 DMf. 1 "'/.'/:WO:' J()ll ':v Uf" \ to~,~