ORDINANCE NO An ordinance providing for the abandonment and relinquishment of a portion of a utility

Transcription

1 easement, located in City Block KJ5453 in the City of Dallas and County of Dallas, An ordinance providing for the abandonment and relinquishment of a portion of a utility ORDINANCE NO CH/ hereinafter more fully set out. made a part hereof; subject, however, to the conditions and future effective date title and interest in and to the tract of land described in Exhibit A, attached hereto and SECTION 1. That the City of Dallas hereby abandons and relinquishes all of its right, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: same should be abandoned, relinquished and quitclaimed to GRANTEE as hereinafter same to GRANTEE for the consideration and subject to the terms and conditions quitclaim the City of Dallas right, title and interest in and to the hereinafter described the publication fee; and providing an effective date for this ordinance. abandonment, relinquishment and quitclaim made herein; providing for the payment of ooooooo request and petition of Northpark Land Partners, L.P., a Delaware limited partnership; Dallas against damages arising out of the abandonment herein; providing for the herein; providing for the conveyance of a new easement to the City of Dallas, if needed, herein provided, said portion of easement is no longer needed for municipal use, and WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the provided, for the consideration hereinafter stated; and WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest Texas; providing for the quitclaim thereof to Northpark Land Partners, LP.; providing for the terms and conditions of the abandonment, relinquishment and quitclaim made and the relocation of existing facilities; providing for the indemnification of the City of consideration to be paid to the City of Dallas; providing a future effective date for the tract of land to GRANTEE, and is of the opinion that, subject to the terms and conditions and welfare of the City will be served by abandoning, relinquishing and quitclalming the hereinafter referred to as GRANTEE, deems it advisable to abandon, relinquish and hereinafter more fully set forth; Now, Therefore, ES

2 FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, further consideration described in Section 8, the City of Dallas does by these presents FOUR HUNDRED AND NOIIOO ($5,4.) DOLLARS paid by GRANTEE, and the CH/ SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4. That the City Controller is authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above in the General Fund 1, Department DEV, appurtenances thereto in any manner belonging unto the said GRANTEE forever. TO HOLD all of such right, title and interest in and to the property and premises, subject that certain tract or parcel of land hereinabove described in Exhibit A. TO HAVE AND restrictions and upon the covenants below stated, all its right, title and interest in and to reservations, future effective date and exceptions hereinafter made and with the aforesaid, together with all and singular the rights, privileges, hereditaments and Balance Sheet 519 and Department of Sustainable Development and Construction - appraisal and other administrative costs incurred. The reimbursement proceeds shall Department BMS, Unit 8888, Revenue Source and lawfully abandon, relinquish and quitclaim. subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise. are made subject to all present zoning and deed restrictions, if the latter exist, and are SECTION 5. That the abandonment, relinquishment and quitclaim provided for herein Real Estate Division shall be reimbursed for the cost of obtaining the legal description, be deposited in General Fund 1, Department DEV, Unit 1183, Object 511 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 625, upon GRANTEE, its successors and assigns. shall extend only to that interest the Governing Body of the City of Dallas may legally SECTION 6. That the terms and conditions contained in this ordinance shall be binding SECTION 7. That the abandonment, relinquishment and quitclaim provided for herein SECTION 2. That for and in monetary consideration of the sum of FIVE THOUSAND r

3 harmless against any and all claims for damages, fines, penalties, costs or expenses to assigns, agree to indemnify, defend, release and hold the City of Dallas whole and consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and SECTION 8. That as a condition of this abandonment and as a part of the CH/ regulations; and (iv) the abandonment, closing, vacation and quitclaim by the City of Section 961 et seq., as amended; (b) any hazardous substance under the Texas the area described in Exhibit A, which GRANTEE, its successors and assigns agree to promulgated thereunder. limitation, fuel and lubricating oils; (d) any hazardous chemicals or toxic chemicals agree to defend any and all suits, claims, or causes of action brought against the City of all corrective actions concerning any discovered Hazardous Substances on or affecting disposition of any Hazardous Substance on or affecting the area set out in Exhibit A; (iii) Dallas of the area set out in Exhibit A. GRANTEE, its successors and assigns hereby Dallas on account of same, and discharge any judgment or judgments that may be derivative or hazardous constituents thereof or additives thereto), including without et seq., as amended; (c) petroleum or petroleum-based products (or any occupancy of the property described in Exhibit A by GRANTEE, its successors and undertake and complete in accordance with applicable federal, state and local laws and rendered against the City of Dallas in connection therewith. For purposes hereof, Hazardous Substance means the following: (a) any hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section under the Occupational Safety and Health Act, 29 USC. Section 651 et seq., as under the Toxic Substance Control Act, 15 U.S.C. Section 261 et seq., as amended. Act, 42 U.S.C. Section 691 et seq., as amended; and (f) any chemical substance assigns; (ii) the presence, generation, spillage, discharge, release, treatment or amended; (e) any hazardous waste under the Resource Conservation and Recovery persons or property that may arise out of, or be occasioned by or from: (i) the use and References to particular acts or codifications in this definition include all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter O9293 5

4 BY to the Director of Sustainable Development and Construction, as is hereinafter provided; expense, to the new easement to be provided by GRANTEE, if needed, and acceptable and unless: (i) the existing installations and facilities are relocated, at GRANTEE s title and interest in and to said portion of utility easement shall not become effective until SECTION 9. That this abandonment, relinquishment and quitclaim of the City s right, in writing by the Director of Sustainable Development and Construction. All work shall / CH/ Passed DEC 929 Assistant City Attorney 4Assistant Thrector - Constjuction APPROVED AS TO FORM: City Attorney Director of Sustainable Development and THOMAS P. PERKINS, JR. THERESA O DONNELL Dallas, and it is accordingly so ordained. passage and publication in accordance with the provisions of the Charter of the City of certified copies of this ordinance for one year after its passage. which certified copy shall be delivered to the Director of Sustainable Development and likewise pay, the Director of Sustainable Development and Construction, or designee shall deliver to GRANTEE a certified copy of this ordinance. The Director of Sustainable SECTION 11. That this ordinance shall take effect immediately from and after its SECTION 1. That the City Secretary is hereby authorized and directed to certify a Sustainable Development and Construction. be done at the sole cost of GRANTEE and to the satisfaction of the Director of copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, said construction and relocation of installations are completed, approved and accepted Construction, or designee. Upon receipt of the monetary consideration set forth in Section 2, plus the fee for the publishing of this ordinance, which GRANTEE shall are approved by the Director of Sustainable Development and Construction; and (iii) and (ii) plans for the construction and relocation of installations within the new easement Development and Construction, or designee, shall be the sole source for receiving

5 Northpark Center Phase Ill XM I b I, Survey, Abstract No. 918, Dallas County, Texas; said tract being part of that tract of land DESCRIPTION, of a 1,68 square foot (.39 acre) tract of land situated in the A.R. Murray A.R. Murray Survey, Abstract No. 918 City of Dallas, Dallas County, Texas Part of Lot IA, Block K15453 Sheet 1 of 3 SPRG NO: 124 Date: Reviewed By: (For SPRG use only),, Easement, a distance of 42. feet to a point for corner; THENCE, South degrees, 12 minutes, seconds West, along the east line of said Utility corner at the northeast corner of said Utility Easement; South 89 degrees, 48 minutes, seconds East, a distance of 4. feet to a point for OF BEGNNING; South 89 degrees, 48 minutes, seconds East, a distance of 215. feet to the POINT South degrees, 12 minutes, seconds West, a distance of 2. feet to a point; South 89 degrees, 48 minutes, seconds East, a distance of 2. feet to a point; North degrees, 12 minutes, seconds East, a distance of 5 feet to a point; following five (5) calls: THENCE, in an easterly direction, continuing along the north line of said Utility Easement, the westerly northwest corner of said Utility Easement, continuing in all a distance of feet to Boedecker Street and the said west line of Lot 1A, at a distance of feet passing the most THENCE, South 89 degrees, 48 minutes, seconds East, departing the said east line of a point; Boedecker Street and the west line of said Lot 1A, a distance of feet to a point; THENCE, North degrees, 12 minutes, seconds East, along the said east line of westerly southwest corner of said Lot 1A; east right-of-way line of Boedeker Street (a variable width right-of-way) and the north right-ofway line of said Northwest Highway (a variable width right-of-way); said point being the most COMMENCING, at a point at the north end of a right-of-way corner clip at the intersection of the Deed Records of Dallas County, Texas; said 1,68 square foot tract being more particularly 48 minutes, seconds East for the north right-of-way line of Northwest Highway (Loop 12) to the City of Dallas, Texas according to the plat recorded in Volume 2161, Page 1596; said 2493, Page 8411 and part of Lot IA, Block K/5453, Northpark Center Phase III, an addition tract also being a portion of a Utility Easement recorded in Volume 825, Page 1968, all of the according to said plat of Lot IA, Block K/5453, Northpark Center Phase Ill): described in Special Warranty Deed to Northpark Land Partners, L.P. recorded in Volume described as foflows (bearing system for this survey is based on a bearing of South 89 degrees, PARTIAE ABANDONMENT

6 77758 PARTI ABANDONMENT Part of Lot 1A, Block K/5453 Northpark Center Phase Ill A.R. Murray Survey, Abstract No. 918 City of Dallas, Dallas County, Texas (continued) EXHIBIT i THENCE, North 89 degrees, 48 minutes, seconds West, departing the said east line of the Utility Easement, a distance of 4. feet to a point for corner; THENCE, North degrees, 12 minutes, seconds East, a distance of 42. feet to the POINT OF BEGINNING; CONTAINING; 1,68 square feet or.39 acres of land, more or less. (A survey plat of even date herewith accompanies this legal description.) The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing description accurately sets out the metes and bounds of the easement tract described. (9L 7Z/Zc7 E1IcA. Kreiner Dates Registered Professional Land Surveyor No. 532 Pacheco Koch Consulting Engineers, Inc. 835 N. Central Expwy, #1, Dallas TX 7526 (972) TX Reg. Surveying Firm LS-18- ERIC A KREINER EX1.dwg EX1.doc Reviewed By: Date: SPRGNO: (For SPRG use only) Sheet 2 of 3

7 EXHIBIT A L6 S 8948 OO E 215. GRAPHIC SCALE IN FEET PROPERTY LINE LEGEND 27ThH (UNLESS OTHERi1SE NOTED) (c.m.) CONTROLLING MONUMENT D. R.D.C. T DEED RECORDS OF DALLAS COUNTY, TEXAS L3 N O 12 OO E 5. L5 S 12 OO W 2. L4 S OO E 2. LINE TABLE (3 Q 3< >- uj > D C., Q C, C., C, C, C Cr J JRM/SLJ EAI< JOB NUAER I,r LCOMMENCING POINT OF (D. R. D. C. T.) w (VOL. 2161, PG. 1596) PHASE Ill z F U L9 N OO W 4. L8 S 12 OO W 42. L7 S OO E 4. LiO N O 12 OO E 42. o POINT FOR CORNER L2 S OO E EASEMENT LINE Li N 12 OO E EASEMENT ABANDONMENT LINE (9 L b PG. 1968) (.R.D.C.T.) (D.R.T.) ---- DP&L EASEMENT (VOL. 335 PG. 1494) (VOL. 554, PG. 1213) (VOL. 561, PG. 1958) (VOL , PG. 176) (VOL , PG. 1335) (D.R.D.C.T.) L2 5/8 INCH IRON ROD FOUND (C.M.) ULITY EASEMENT WATER EASEMENT (VOL. 825, [_(VOL. 9862, PG. 2178) (D.R.D.C.T.) _E.ZJ NORTHPARK LAND (VOL. 2493, PG S 8948 O E (C.M.)5.95 CUT IN CONCRETE FOUND (BEARING BASIS) (VARIABLE WIDTH RIGHT OF WAY) 835 N CENTRAL EXPWY SUITE 1 TX REG ENGINEERING RRM F 469 DALLAS, TX TX REG. SURVE rlng FIRM LS 18 OO DRA 14W BY CHECKED BY -- SCALE 1 =1 DATE MAY 29 (D.R. D.C. T.) PARTNERS, L.P. WATER EASEMENT (VOL. 9862, PG. 2178) 6 SANITARY SEWER EASEMENT (VOL. 9862, PG. 1968) (D.R.D.C. T.) (VOL. 825, PG. 1968) (DR. D. C. T. NORTHPARK CENTER bounds of the easement tract described. survey accurately sets out the metes and Surveyor, hereby certifies that this plat of The undersigned, Registered Professional Land SPRG NO: 17 Dote: Reviewed By 17 (For SPRG use only) NOTES; 1. A legal description of even survey date AND BEING OUT OF THE A. R. MURRAY SURVEY, ABSTRACT NO. 918 DWG FILE: EX1.DWG SHEET 3 OF 3 Pacheco Koch Consulting Engineers Land Surveyor No. 532 Registered Professional Eric A. Kreiner 1ate / 532.y. 4. EPIC 4e KRE!NER Center Phase III, recorded in Volume 2161, Page 1596 of the Deed Records of Dallas of Northwest Highway (Loop 12) according to seconds East for the north right of way line the plat of Lot 1A, Block K/5453, Northpark 2. Bearing system for this survey is based on a herewith accompanies this plat of survey. NOR THWES T HIGH WA V (L OOP 12) LOT 1A, BLOCK K/5453 County, Texas. j ri L_ IL (.39 ACRES) L4 1,68 SF U11LITY EASEMENT Ciri OF DALLAS, DALLAS COUN1Y, TEXAS NORTHPARK CENTER PHASE (II PART OF LOT 1A, BLOCK K/5453 // POINT OF PARTIAL ABANDONMENT PAR11AL ABANDONMENT bearing of South 89 degrees, 48 minutes, LINE BEARING LENGTH