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HomeMy WebLinkAboutOrdinance No. 07/05 Alley 3116 Rosedale ORDINANCE NO. 07 105 AN ORDINANCE OF THE CITY OF UNIVERSITY PARK, TEXAS, ABANDONING A PORTION OF THE ALLEY EASEMENT AS MORE PARTICULARLY DESCRIBED AND DEPICTED AS TRACT 2 IN EXHIBITS "A" AND "B", TO THE ABUTTING OWNER IN CONSIDERATION OF THE DEDICATION OF AN ALLEY EASEMENT DESCRIBED AS TRACT 1; 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 663 square foot portion of the alley easement, described and depicted as Tract 2 in Exhibits "A" and "BOO, is no longer needed or necessary for public purposes by the City; and WHEREAS, the abutting property owner has agreed to dedicate an alley easement of 172 square feet, described as Tract 1 in the Exhibits, to the City in exchange for such abandonment; 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 dedication to the City of University Park of an alley easement on the property described and depicted as Tract 1 in Exhibits "A" and "BOO attached hereto and made part hereof for all purposes, the City of University Park hereby abandons and quitclaims in favor of the abutting owner, D & C Franklin, LP, the alley easement over all that certain tract or parcel of land more particularly described and depicted as Tract 2 in Exhibits "A" and "BOO, consisting of 663 square feet, more or less, in the City of University Park, Dallas County, Texas. SECTION 2. That the rights being abandoned in the property described and depicted in Exhibits "A" and "BOO consist of an alley easement as shown in said Exhibits. SECTION 3. That the City of University Park does not abandon any other interest other than described and depicted in Exhibits "A" and "BOO, but does hereby abandon all of its right, title, or interest in the described street right-of-way, together with any and all improvements thereon. SECTION 4. That upon delivery of an alley easement deed to Tract 1 referred above in section 1, the City Secretary is directed to prepare a certified copy of this ordinance and furnish the same to D & C Franklin LP, 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 of such right, title or interest of the City of University Park in and to such alley easement described as Tract 2,663 square feet, in Exhibits "A" and "B". 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 of the City of University Park, Texas, on the 3rd day of April 2007. APPROVED: APPROVED AS TO FORM: /~~~ CITY ATTORNEY (RLD/03-28-07)(15411) EXHIBIT "A" Legal Description T roct 1 S1TUAT[D ill the State of TtllCl8, Count)' of DoNas, being cl port of Lot 20, 6Iock 6 of Westminster PIoce, on addition to tPle City of lIniveorsity Pork OS rllCOl'Cllld in Volume 1. F'age 422 of the Dallas County ~ ReconIs witI1 the afo_tioned premises being more porticl.llotly described os follows: BEGINNING ell on 'X. found cut in <:onerete marlUng the northwest comer of said premi.... IPle norIhemmost northwetlt corner of 8Gilt Lot 20 and being at an interior corner of 0 15.0 foot olley right-of-WCI)'; THfNCE wilfl the north line of said premilles, saG lot 20 and tile south rMJht-of-woy line of soid 15.0 foot olley, North 89'03'25" [olll. 21.59 feet to a poillt for comer marking the I1Clftheo$t eomer of salcf premises, IIClicI Lot 20 ond the nortllwest comer of lot 19, IIock 6 of sold addition; THENCE wilfl the eout,,"Bt ~ne of lIOid premi-. Sctrtll 52'39'01" W..t. 26.87 feet to 0 point for comer marking the eouthwat comer of soid premises, being in a ..-t line of 8Gid lot 20 and bein9 in the t(lBt riglIt-of-woy line of said 15.0 foot alley; THENCE with the west ~ne of said premises. a _t liM of 8Gid lot 20 and the east ri9llt-of-way fine of said 15.0 foot aMey, North 00'41f1S" West, IS.95 feet to tile pfoce of beginning and containing 112 sqUClfll feet of land. T roct 2 SITUATED in the state of Texas, Coonty of Oollos. City of University PfJI'k, being port of a 15.0 foot oIl1y rMJIrt-of-way and being a port of the Daniele Family Cemetery as recorded in Volume 204, Page 206 of the OaIlas Coooty Lond Records with the oforementlonecl premises being more particulatly dellCribed 09 fallows: COUNENCING at an X found wi. in concrete morking the northernmost northwd comer of lot 20. Block 6 of Westminster Place, 00 ocfdilion to tile City of lInMilrsily PfJI'k os recorded in Volume 1, Page 422 of the 0aIIaa Count)' Mop Reeords olld beil19 ot on interior corner of said 15.0 foot olley right-of-way; lltENCE with 0 -' fine of $Oid Lot 20 and the lOst right-of-way line of said 15.0 foot oNoy, South Olr48'lS. EGtt, 15.95 feet to a point for carner morI<inq the northeost comer of lIlIid premisee and the P01HT Of BECH4INC; lltOCE with tPIe eo$! line of soid premises, the west line of said lot 20 ami the east right-or-way fine of said 15.0 foot olley, South 00'48'15" East. 33.61 feet to 0 R_ copped iron rad found marking the SlIIIlh~ comer of said premille, an interior comer of soid lot 20 and the $Outheost cOtner of said 15.0 foof olley right-of-way; THENCE with the soutb line of soid premlses, the north flne of said Lot 20 and the louth right-of-way line of said 15.0 foot alley, North 84'JO'.17. West, poISIng CJI 3.66 feet the southernmost northwest corner of said Lot 20 and the northeast ccmer of Lot 21, Block 6 of said odditon. passing of 28.80 feet the northwest corner of soid lot 21 and tile northeast comer of lot 22. 8loc:k 6 of $Ok! addltion ond C1lI1tinuing for 0 total distance of 39.72 feel to a point for comer mur10ng the IlDUthwat comer of said premises. THENCE with the northwest Hne of 9CIid premises, North 52'39'01" EOIt, PO'ling at 22.C16 feet tlMl north right-of-way line of lCIid 15.0 foGt olley and the eouth line of said Daniel Family Cemetery, possiflg cJt JO.46 feet the -' ri9tJt-of-woy line of said 15.0 foot oly and the weet lins of soid Donie! Family cemetery ond continuing for 0 total diatonce of 49.1J feet to tile pklce of be9inninq and contairMng 663 8qllClre feet of land. D . C f'nIIMl tI' Date: J 20 2007 lllMHd: Job No. L969838 EB ROOME LAND SURVEYING, 2000 AVENUe G + SUITE 810 PLANO. TX 75074 Phone N.......... (972) 423-4372 "'ex Number (972) 423-7623 INC. e i 9 J; ~ i .. t j I ~ .. EXHIBIT "B" ..... . 10 N' ;.-:.9; c . ",<0 com Z ~ :::a l1 . r1","i.! LOT 14A h . ~,'i, ~;i, SO!TJ2'10~E 'i'li ~ i 1IklnII 11Il.1ftlII IE 149.87' 1ldj".-.d.fnQ. 1<11" '~..-, (I- lJ' 1t.1 '8 ci 10 ~~1 '10 ... 11-1 i-l' "'~ :i..! 1<11 II SOCT48"5"'[ 49.56' proposed property line see detail Daniel Family Cemetery Vol. 204. Pg. 206 MJ(I'34'51"w -( ill L0T24A : VDCont I 01 DETAil '"-40' IW , . I~ m 'Z POINT OF IIf'GINNING TwIt:t t POINT OF ~ nacJ 2 LOT 19 EXHIBIT 3116 Rosedale Avenue Lots 17-11, Block 6 WestmIDster Place UllIvenlty Park, Texas 3/ZGI1007 LOT 10 N5TJ9'O,"E TlO<'t 2 8IIJ oq. ft. 111 lot flIOIIOlI"",,1.rIIo 11-7 . D6niel Family Cemetery r '1<>1. 104, Pq. 70G I f., /~ LOT 21 SCAl.E: ,.. flJ' --;'? , .r -1. ~ o _ C FflIIllIIn LP LOT24A EB ROOME lAND SURVEYING, 2000 AVENUE G + SUITE 810 PLANO, TX 75074 Phone Num~ (972) 423-.4372 Fa.. Number (972) 423.7523 INC. .' :Ill _.1: 1iJJ ili F 51 16' T' i; . ~j Ii '1l , ,~o li 't . . ~. . '! s ~ ~ ::i I I '" I "' " 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 ALLEY DEDICATION DEED STATE OF TEXAS ~ ~ ~ KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DALLAS That, D & C Franklin, LP, a Texas Limited Liability Company, being the owner in fee simple of real property located in this County and within the territorial jurisdiction of the City of University Park, Texas, said parcel of land described and depicted in Exhibit A attached hereto and incorporated by reference herein for all purposes, the same as if fully copied herein, as Grantor, for and in consideration of the sum of ten dollars and other good and valuable consideration in hand paid 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 City of University Park, Texas, an alley easement, including the right of ingress, egress, and regress therein, to construct, reconstruct, and maintain a public alleyway, public utilities, or any appurtenance deemed necessary thereto by said City into and through all that parcel. To have and to hold the above described property for public alley purposes deemed necessary by the City, with the right of ingress, egress, and regress therein, together with all and singular the usual rights thereto in anywise belonging, unto the said City of University Park, Texas, its successors and assigns, forever, and Grantor does hereby bind himself, his heirs, executors, successors and assigns, to warrant and forever defend, all and singular, the said premises unto the said City of University Park, Texas, its successors and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof. In witness whereof, I have hereunto subscribed my name this 6th day of April 2007. ~.~P By: ~~~~kii~. Vic~~P;e~ident 17480 Campbell Road #102 Dallas, Texas 75252