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:
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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
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proposed property line
see detail
Daniel Family Cemetery
Vol. 204. Pg. 206
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EXHIBIT
3116 Rosedale Avenue
Lots 17-11, Block 6
WestmIDster Place
UllIvenlty Park, Texas
3/ZGI1007
LOT 10
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TlO<'t 2
8IIJ oq. ft. 111 lot
flIOIIOlI"",,1.rIIo 11-7 .
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2000 AVENUE G
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Phone Num~ (972) 423-.4372
Fa.. Number (972) 423.7523
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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
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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.
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By: ~~~~kii~. Vic~~P;e~ident
17480 Campbell Road #102
Dallas, Texas 75252