ORDINANCE NO. An ordinance providing for the abandonment of an alley and an alley site easement located adjacent to City Block 2/6810

Transcription

1 ORDNANCE NO An ordance providg for the abandonment of an alley and an alley site easement located adjacent to City Block 2/681 the City of Dallas and County of Dallas, Texas; providg for the quitclaim thereof to West Commerce nvestments, LLC; providg for the terms and conditions of the abandonment and quitclaim made here; providg for barricadg; providg for the demnification of the City of Dallas agast damages arisg out of the abandonment here; providg for the consideration to be paid to the City of Dallas; providg for the payment of the publication fee; and providg an effective date for this ordance. ooooooo WHEREAS, the City Council of the City of Dallas, actg pursuant to law and upon the request and petition of West Commerce nvestments, LLC, a Texas limited liability company, hereafter referred to as GRANTEE, deems it advisable to abandon and quitclaim the hereafter described tracts of land to GRANTEE, and is of the opion that, subject to the terms and conditions here provided, said alley and alley sight easement are not needed for public use, and same should be abandoned and quitclaimed to GRANTEE, as hereafter stated; and WHEREAS, the City Council of the City of Dallas is of the opion that the best terest and welfare of the public will be served by abandong and quitclaimg the same to GRANTEE for the consideration and subject to the terms and conditions hereafter more fully set forth; Now, Therefore, BE T ORDANED BY THE CTY COUNCL OF THE CTY OF DALLAS: SECTON 1. That the tracts of land described Exhibit A, which is attached hereto and made a part hereof for all purposes, be and the same is abandoned, vacated and closed sofar as the right, title and terest of the public are concerned; subject, however, to the conditions hereafter more fully set out. GM/

2 SECTON 2. That for and monetary consideration of the sum of ONE HUNDRED THRTY-TWO THOUSAND SEVEN HUNDRED FVE AND NO1 DOLLARS ($132,75.) paid by GRANTEE, and the further consideration described Sections 8, 9, 1, and 11, the City of Dallas does by these presents FOREVER QUTCLAM unto the said GRANTEE, subject to the conditions, reservations, and exceptions hereafter made and with the restrictions and upon the covenants below stated, all of its right, title and terest and to the certa tracts of land hereabove described AND TO HOLD all of such right, title and terest Exhibit A. TO HAVE and to the property and premises, subject aforesaid, together with all and sgular the rights, privileges, hereditaments and appurtenances thereto any manner belongg unto the said GRANTEE forever. SECTON 3. That upon payment of the monetary consideration set forth Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordance. SECTON 4. That the Chief Fancial Officer is authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above the General Fund 1, Department DEV, Balance Sheet 519 and Department of Sustaable Development and Construction- Real Estate Division shall be reimbursed for the cost of obtag the legal description, appraisal and other admistrative costs curred. The reimbursement proceeds shall be deposited General Fund 1, Department DEV, Unit 1183, Object 511 and any remag proceeds shall be transferred to the General Capital Reserve Fund 625, Department BMS, Unit 8888, Revenue Source SECTON 5. That the abandonment and quitclaim provided for here are made subject to all present zong and deed restrictions, if the latter exist, and are subject to all existg easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise, and are further subject to the conditions contaed B, which is attached hereto and made a part hereof for all purposes. Exhibit SECTON 6. That the terms and conditions contaed this ordance shall be bdg upon GRANTEE, its successors and assigns. GM/

3 SECTON 7. That the abandonment and quitclaim provided for here shall extend only to the public right, title, easement and terest, and shall be construed to extend only to that terest the Governg Body of the City of Dallas may legally and lawfully abandon and vacate. SECTON 8. That as a condition of this abandonment and as a part of the consideration for the quitclaim to GRANTEE here, GRANTEE, its successors and assigns, agree to demnify, defend, release and hold harmless the City of Dallas as to any and all claims for damages, fes, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) the use and occupancy of the areas described Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affectg the areas set out Exhibit A; (iii) all corrective actions concerng any discovered Hazardous Substances on or affectg the areas described Exhibit A, which GRANTEE, its successors and assigns, agree to undertake and complete accordance with applicable federal, state and local laws and regulations; and (iv) the abandonment, closg, vacation and quitclaim by the City of Dallas of the areas set out Exhibit A. GRANTEE, its successors and assigns, hereby agree to defend any and all suits, claims, or causes of action brought agast the City of Dallas on account of same, and discharge any judgment or judgments that may be rendered agast the City of Dallas connection therewith. For purposes hereof, Hazardous Substance means the followg: (a) any hazardous substances under the Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 961 et seq., as amended; (b) any hazardous substance under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents thereof or additives thereto), cludg without limitation, fuel and lubricatg oils; (d) any hazardous chemicals or toxic chemicals under the Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any hazardous waste under the Resource Conservation and Recovery Act, 42 U.S.C. Section 691 et seq., as amended; and (f) any chemical substance under the Toxic Substance Control Act, 15 U.S.C. Section 261 et seq., as amended. GM/

4 References to particular acts or codifications this defition clude all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. SECTON 9. That as a condition of this abandonment and as a part of the consideration for the quitclaim made here, GRANTEE shall contact the Texas Excavation System (Texas 811) to have facilities marked and located with affected easements before any excavations are started. SECTON 1. That as a condition of this abandonment and as a part of the consideration for the quitclaim made here, GRANTEE shall file a fal replat of the adjog properties prior to the issuance of any buildg permits affectg the tracts of land abandoned and quitclaimed here. This fal replat shall be recorded by GRANTEE the official real property records of the county which the abandoned area is located after its approval by the City Plan Commission of the City of Dallas. SECTON 11. That as a condition of this abandonment and as a part of the consideration for the quitclaim made here, GRANTEE shall, immediately upon the passage of this ordance, close, barricade and/or place signs the areas described Exhibit A accordance with detailed plans approved by the Director of Department of Sustaable Development and Construction. GRANTEE s responsibility for keepg the area described Exhibit A closed, barricaded and/or the signs place shall contue until the street improvements and tersection returns are removed by GRANTEE, its successors and assigns, to the satisfaction of the Director of Department of Sustaable Development and Construction. SECTON 12. That the City Secretary is hereby authorized and directed to certify a copy of this ordance for recordation the official real property records of the county which the abandonment area is located, which certified copy shall be delivered to the Director of Department of Sustaable Development and Construction, or designee. GM/

5 Upon receipt of the monetary consideration set forth Section 2, plus the fee for the publishg of this ordance, which GRANTEE shall likewise pay, the Director of Department of Sustaable Development and Construction, or designee: (i) shall deliver to GRANTEE a certified copy of this ordance, and (ii) is authorized to and shall prepare and deliver a QUTCLAM DEED with regard to the areas abandoned here, to GRANTEE hereunder, same to be executed by the City Manager on behalf of the City of Dallas, attested by the City Secretary and approved as to form by the City Attorney. The Director of Department of Sustaable Development and Construction, or designee, shall be the sole source for receivg certified copies of this ordance for one year after its passage. SECTON 13. That this ordance shall take effect immediately from and after its passage and publication accordance with the provisions of the Charter of the City of Dallas, and it is accordgly so ordaed. APPROVED AS TO FORM: LARRY E. CASTO City Attorney DAVD COSSUM Director o Department of Sustaable Develo t and Ccstruction BYL Passed /42t Assistant City Aftorn FEB B Assistant Director GM/

6 Kimey> CTY DCHBT A-TRACT flAA 7 S BENG a 5,789 square foot tract of land situated the William P. Overton Survey, Abstract No. 116, City of Dallas, Dallas County, Texas, beg Block 2/681, beg a 1-foot wide public alley created by the revised map of the partial subdivision of A.P. Langstons Homestead, a subdivision of record as recorded Volume 119, Page 496 of the Map Records of Dallas County, Texas, and beg more particularly described as follows: COMMENCNG at a 1/2-ch iron rod found for the northwest corner of Lot 2A of the Commerce-Langford Addition, an addition to the City of Dallas accordg to the plat recorded Volume 94223, Page 4821 of the Deed Records of Dallas County, Texas, and the northwest corner of a called.342 acre tract of land described Special Warranty Deed to West Commerce nvestments, LLC recorded nstrument No of the Official Public Records of Dallas County, Texas, beg the southeast le of Tract No., a called 173 square feet tract of land described the matter of the State of Texas and County of Dallas VS Southwestern Land and Loan Company, John M. Stemmons, L.S. Stemmons, and Eliabeth Storey Stemmons, Harry Hargett and H.E. Raes, and Oak Cliff Bank & Trust Company, referenced Cause No A, as recorded Volume 43, Page 14 of the Dallas County Court at Law No. 1 Records, and beg the south end of a right-of-way corner clip at the tersection of the current east right-of-way le of Langford Street (a variable width right-of-way, Vol. 119, Pg. 496 and Vol , Pg. 4821), and the current south right-of-way le of W. Commerce Street (a variable width right-of-way, Vol. 2613, Pg. 12 and Vol. 43, Pg. 14), formerly State Highway 1; THENCE with said right-of-way corner clip, said southeast le of Tract No., the north le of said.342 acre tract, and the north le of said Lot 2A, North East, a distance of feet to a 5/8-ch iron rod with KHA cap found for the northeast corner of said Tract No., the northeast end of said right-of-way corner clip, and beg the south le of a tract of land described Right-of-Way Deed to the State of Texas recorded Volume 1787, Page 375 of said Deed Records; THENCE with said current south right-of-way le of W. Commerce Street, said south le of the State of Texas tract recorded Volume 1787, Page 375, and the south le of a tract of land described Right-of-Way Deed to the State of Texas recorded Volume 179, Page 43 of said Deed Records, and contug with said north le of a.342 acre tract and Lot 2A, North East, a distance of feet to a 1/2-ch iron rod found at the tersection of said current south right-of-way le of W. Commerce Street and the west le of said 1-foot wide alley, beg the southeast corner of said State of Texas tract recorded Volume 179, Page 43, the northeast corner of said.342 acre tract, the northeast corner of said Lot 2A, and beg the PONT OF BEGNNNG; THENCE contug with said current south right-of-way le of W. Commerce Street, North East, a distance of 5.15 feet to a 5/8-ch iron rod with KHA cap set for corner the centerle of said 1-foot wide public alley; THENCE contug with said current south right-of-way le of W. Commerce Street and said centerle of the 1 -foot wide public alley, South 1 O3)s1 East, a distance of 8.56 feet to a 5/8-ch iron rod with KHA cap set for corner; ALLEY ABANDONMENT BLOCK 2/681 Reviewed By: -!l A. P. LANGSTON S HOMESTEAD Date / 9/ SPRG NO: 3699 WLLAM P. OVERTON SURVEY ABSTRACT NO. 116 J. ANDY DOBBS - OF DALLAS, DALLAS COUNTY TEXAS REGSTERED PROFESSONAL ANDy Do Horn DALLAS, TEXAS Merit Drive, Suite 1 Tel. No. (972) P t_i Dallas, Texas FRM # Fax No. (972) , Scale Drawn by Checked by Date Project No. Sheet No. andy.dobbsklmley-horn.com N/A JAD DAB FEB F5 HOPPER, BRADN 9/15/216 4:22 PM CTY LGHTS_ABMT_ALLEY.DWG

7 H!B1TA-TRT 3fl THENCE departg said centerle of the 1-foot wide public alley, and contug with said current south right-of-way le of W. Commerce Street, North East, a distance of 5. feet to a 5/8-ch iron rod with KHA cap set for corner at the tersection of said current south right-of-way le of W. Commerce Street and the east le of said 1-foot wide alley, beg the northwest corner of Lot 1A, Block 2/681, Commerce/Beatrice Addition, an addition to the City of Dallas accordg to the plat recorded Volume 8924, Page 16 of said Map Records, the northwest corner of a called 1.83 acre tract of land described Special Warranty Deed to West Commerce nvestments, LLC recorded nstrument No of said Official Public Records, and beg the southwest corner of Tract No., a called 3,776 square feet tract of land described the matter of the State of Texas and County of Dallas VS Southwestern Land and Loan Company, John M. Stemmons, L.S. Stemmons, and Eliabeth Storey Stemmons Harry Hargett and H.E. Raes and Oak Cliff Bank & Trust Company, referenced Cause No A, as recorded Volume 43, Page 14 of said Court Records; 7 THENCE departg said current south right-of-way le of W. Commerce Street, and with said east le of the 1-foot wide public alley, the west le of said Commerce/Beatrice Addition, and the west le of said 1.83 acre tract, South East, a distance of feet to a 5/8-ch iron rod with KHA cap set for corner at the tersection of said east le of the 1-foot wide public alley and the current north right-of-way le of Wk Street (a variable width right-of-way, Vol. 119, Pg. 496 and Vol. 8924, Pg. 16), beg the southwest corner of said Commerce/Beatrice Addition and said 1.83 acre tract; THENCE with said current north right-of-way le of Wk Street, South West, a distance of 5. feet to an X cut concrete set for corner the centerle of said 1-foot wide public alley; THENCE contug with said current north right-of-way le of Wk Street and said centerle of the 1-foot wide public alley, South 1351 East, a distance of 6.38 feet to an X cut concrete set for corner; THENCE departg said centerle of the 1-foot wide public alley, and contug with said current north right-of-way le of Wk Street, South West, a distance of 5. feet to a 5/8-ch iron rod with KHA cap set for corner at the tersection of said current north right-of-way le of Wk Street and said west le of the 1-foot wide public alley, beg the southeast corner of Lot 22 of said A.P. Langston s Homestead and the southeast corner of a called.949 acre tract of land described Special Warranty Deed to West Commerce nvestments, LLC recorded nstrument No of said Official Public Records; THENCE departg said current north right-of-way le of Wk Street, and with said west le of the 1-foot wide public alley, the east le of said A.P. Langston s Homestead, the east les of said.342 acre tract and.949 acre tract, and the east le of said Commerce-Langford Addition, North West, a distance of feet to the PONT OF BEGNNNG and contag 5,789 square feet or.133 acres of land. Bearg system based on the Texas Coordate System of 1983, North Central Zone (422), North American Datum of 1983 (211). ALLEY ABANDONMENT BLOCK 2/681 Reviewed By paj A. P. LANGSTON S HOMESTEAD Dt SPRG NO: 3699 WLLAM P. OVERTON SURVEY ABSTRACT NO. 116 J. ANDY DOBBS CTY OF DALLAS, DALLAS COUNTY, TEXAS REGSTERED PROFESSONAL 1 LAND SURVEYOR NO MERT DRVE, SUTE 1 C > orn DALLAS, TE)(AS Ment Drive, Suite 1 Tel. No. (972) PH Dallas, Texas FRM #11155 Fax No. (972) Scale Drawn by Checked by Date Prolect No. Sheet No. andy.dobbs@kimley-horn.com N/A JAD DAB FEB DF5 HOPPER, BRADN 9/15/216 4:22 i-slate CTY LG-TS\DWG\ FLLEY.DWG

8 .. LANG EXHBT A-TRACT flAfl LEGEND NOTES P.O.C. = PONT OF COMMENCNG 1. All corners of easement to be acquired are a 5/8 P.G. = PONT OF BEGNNNG iron rod with KHA cap set unless otherwise noted. RFC = RON ROD W/ KHA CAP FOUND 2. Bearg system based on the Texas Coordate C.M. = CONTROLLNG MONUMENT System of 1983, North Central Zone (422), North XS = X CUT N CONCRETE SET 25 5 American Datum of 1983, (211). = DEED RECORDS OF ocp.s DALLAS COUNTY, TEXAS L4 ço M.R.D.C.T. GRAPHC SCALE N FEET MAP RECORDS OF......J - DALLAS COUNTY, TEXAS A _ O.P.R.D.C.T.=OFFCALPUBLC i L OL28G.92) RECORDS, DALLAS COUNTY, TEXAS -çps _J.D.C.T. D.C.C.1.R. = DALLAS COUNTY ATLA)_ REPUBLC STREEt (FORMERLY TALAFERRO STREET) OURTNO.1 ECORD * S.71,PG M C M.R.D.C.T. ov --GU- ip( o1 - S.. -W G\ 1i2 RF-1 N E TRACT NO. q Co (C.M.) _. STATE OFTEXAS o (VL43.PG141 P.OC. SGHTEASEMENT]/ N N / (VOL.94223, PG. 4821) / J 1/2 RF L5,8. RFC COD rod <N > LULL c Q-. Cr) ::: o wjo rr Zoi _J < 1, (C.M CAUSE NO A S13 51 E (CM.) / l N E \ N48 O9 39 E P.O.B. H 5. C-) 2811 C 1 ATMOSENERGY,< EASEMENT \ (NST. NO ) ) O.P.R.D.C.T. 6 TRACTNO. - \STATEFTEXAS <N VOL,43.PG 14) CAUSE NO A ) Reviewed By iv. Date: SPRG NO: D.C.C.1.R. LOT 2A, BLOCK 2/681 COMMERCE - LANGFORD ADDTON VOL , PG c CALLED.342 ACRES WEST COMMERCE NVESTMENTS, LLC NST. NO LOT 3A, BLOCK 2/681 COMMERCE - FORD ADDTON VOL , PG CALLED.949 ACRES WEST COMMERCE NVESTMENTS, LLC NST. NO J. ANDY DOBBS REGSTERED PROFESSONAL LAND SURVEYOR NO MERT DRVE, SUTE 1 DALLAS, TEXAS PH andy.dobbskimey-horn.com z d is Co -j > >- w -J 1 -J Co D. w Co cr31 U C) Oj MATCHLNE (SEE SHEET 3) HOPPER, BRALJN 9/15/216 4:22 PM F -..ATE CTY, LOT 1A, BLOCK 2/681 COMMERCE/BEATRCE ADDTON VOL. 8924, PG. 16 CALLED 1.83 ACRES WEST COMMERCE NVESTMENTS, LLC NST. NO ACRES 5,789 SQ. FT. WLLAM P. OVERTON SURVEY, NO. 116 ABSTRACT XF ALLEY ABANDONMENT BLOCK 2/681 A. P. LANGSTON S HOMESTEAD WLLAM P. OVERTON SURVEY ABSTRACT NO. 116 CTY OF DALLAS, DALLAS COUNTY, TEXAS )Horn Tel. No. (972) FRM #11155 Fax No. (972) Z o <N 1< DAB FEB. 216 Project No. Sheet No OF 5

9 -. LANGFORD 25 5 GRAPHC SCALE N FEET l? uj uj r U) (Dh U o L_ O (n 113,1 < Zo:: _J < NOTES 1. All corners of easement to be acquired are a 5/8 iron rod with KHA cap set unless otherwise noted. 2. Bearg system based on the Texas Coordate System of 1983, North Central Zone (422), North American Datum of 1983, (211). LOT 3A, BLOCK COMMERCE - ADDTON VOL , PG D.R. D.C.T. 15 SEWER EASEMENT (VOL , PG. 4821) CALLED.949 ACRES WEST COMMERCE NVESTMENTS, LLC NST. NO F RFC LOT 14 BLOCK 2/661 MATCHLNE (SEE SHEET 2) - L) L) L) C,, z LEGEND CALLED 1.83 ACRES WEST COMMERCE NVESTMENTS, LLC NST. NO O.133 ACRES i 5,789 SQ. FT. W l LOT9A, BLOCK 2/681 COMMERCE/BEATRCE ADDTON VOL. 8924, PG. 16 1X1 WATER EASEMENT (VOL. 8924, PG. 16) 114U1 P.O.C. = PONT OF COMMENCNG P.O.B. = PONT OF BEGNNNG RFC = RON ROD W/ KHA CAP FOUND CM. = CONTROLLNG MONUMENT XS = X CUT N CONCRETE SET = DEED RECORDS OF DALLAS COUNTY, TEXAS M.R.D.C.T. = MAP RECORDS OF DALLAS COUNTY, TEXAS O.P.R.D.C.T. = OFFCAL PUBLC RECORDS, DALLAS COUNTY, TEXAS D.C.C.1.R. = DALLAS COUNTY AT LAW COURT NO. 1 RECORDS.r..,... D - > F F- LU LU F C,) LU () F LU LL O 3/4 o) UJO <co Ozo,, z >-zq A.EJANGQ S HOMESTEAD REVSED VOL. 119, PG. 496 MR. D.C.T. LOT 15 w O o WLLAM P. OVERTON SURVEY, ABSTRACT NO. 116 NOTES a MATCHLNE (SEE SHEET 4) Bearg system based on the Texas Coordate System of 1983, North Central Zone (422), North American Datum of 1983, (211). Reviewed By Date: SPRG NO: Dvd. J. ANDY DOBBS REGSTERED PROFESSONAL LAND SURVEYOR NO MERT DRVE, SUTE 1 DALLAS, TEXAS PH andy.dobbskimey-horn.com SUR ALLEY ABANDONMENT BLOCK 2/681 A. P. LANGSTON S HOMESTEAD WLLAM P. OVERTON SURVEY ABSTRACT NO. 116 CTY OF DALLAS, DALLAS COUNTY, TEXAS HOPPER, BRADN 9/15/216 4:22 PM K:\DAL_SURVEY\ SLATE C 1 Y LGHTSDWG\ SLATE CTY LGHTS_ABMT_ALLEY.DWG )Horn 1275 Merit Drive, Suite 1 Tel. No. (972) Dallas, Texas FRM #11155 Fax No. (972) Scale Drawn by Checked by Date EfOisci No, Sheet No. 1 = 5 JAD DAB FEB OF 5

10 GRAPHC SCALE N FEET UJ: LULL Q () o LL (r _1 < O Zo -:c 1 DH1TA[AC LEGEND NOTES 1. All corners of easement to be acquired are a 518 iron rod with KHA cap set unless otherwise noted. 2. Bearg system based on the Texas Coordate System of 1983, North Central Zone (422), North American Datum of 1983, (211). MATCHLNE (SEE SHEET 3) LOT18-1 BLOCK 2/681 AP. LANGSTON S HOMSADE1SE_ VOL PG. 496 M.R.D,C.T. LOT9 CALLED.949 ACRES VEST COMMERCE NVESTMENTS, LLCZ NST. NO WDE PUBLC ALLEY VOL. 119, PG. 496 M.R.D.C.T. LOT 22 Si 3 51 E.. 1 RFC6.38 S88 5. L(). to w to LOT 9A, BLOCK 2/681 COMMERCE/BEATRCE ADDTON VOL. 8924, PG. 16 DR. D.C.T. CALLED 1.83 ACRES WEST COMMERCE NVESTMENTS, LLC NST. NO DR. D.C.T. O133 ACRES / 5,789 SQ. FT P.G. = PONT OF COMMENCNG P.O.B. = PONT OF BEGNNNG RFC= RON ROD W/ KHA CAP FOUND C.M. = CONTROLLNG MONUMENT XS = X CUT N CONCRETE SET = DEED RECORDS OF DALLAS COUNTY, TEXAS M.R.D.C.T. = MAP RECORDS OF DALLAS COUNTY, TEXAS O.P.R.D.C.T. = OFFCAL PUBLC RECORDS, DALLAS COUNTY, TEXAS D.C.C.1.R. = DALLAS COUNTYAT LAW COURT NO. 1 RECORDS z. LL<fl.Ci i.coc U rv rs8 826 W WLLAM P. OVERTON SURVEY, 5. ABSTRACT NO RGHT-OF-WAY DEDCATON VOL 8924 PG 16 NKsT 1/2 RFC PRECSE (CM.) (AVARALBE WDTH RGHT-OF-WAY) (VOL 1 1 PG. 496) MR. D.C.T. N) ) Q LL 1 1 ::: H C.) LU ::: F LU Z ) z LLJO QL2 n > Reviewed By. Dote: SPRG NO: te LOT 16 ALLED FENCE CO. OF DALLAS VOL , PG. 525 J. ANDY DOBBS REGSTERED PROFESSONAL LAND SURVEYOR NO MERT DRVE, SUTE 1 DALLAS, TEXAS PH andy.dobbs@kimley-horn.com HOPPER, BRADN 9/15/216 4:22 PM K:\DAL SURVEY\ SLATE CTY L >- w -J -J -J D w U C) DEWAYNE COOPER VOL , PG. 916 D.R.D.Cr. BLOCK 1/681 SECOND SUBDVSON A.P. LANGSTON HOMESTE,D VOL.1, PG. 288 M.R.D.C.T. LOT1 DEWAYNE COOPER LOT2 ALLEY ABANDONMENT BLOCK 2/681 A. P. LANGSTON S HOMESTEAD WLLAM P. OVERTON SURVEY ABSTRACT NO. 116 CTY OF DALLAS, DALLAS COUNTY, TEXAS ey) Horn 1275 Merit Drive, Suite 1 Tel. No. (972) Dallas, Texas FRM # Fax No. (972) Ocale Drawn by Checked by Date 1= 5 JAD DA8 FEB. 216 LGHTS A8MTALLEY.DWG Project No. Sheet No F5

11 EXHBT A-TRACT BENG a 19 square foot tract of land situated the William P. Overton Survey, Abstract No. 116, City of Dallas, Dallas County, Texas; and beg part of Lot 2A, Block 2/681, Commerce-Langford Addition, an addition to the City of Dallas accordg to the plat recorded Volume 94223, Page 4821 of the Deed Records of Dallas County, Texas; and beg part of a called.342 acre tract of land described Special Warranty Deed to West Commerce nvestments, LLC recorded nstrument Number of the Official Public Records of Dallas County, Texas; and beg all of the 15 x 15 Alley Sight Easement dedicated by said Commerce-Langford Addition; and beg more particularly described as follows: 7 COMMENCNG at a 1/2-ch iron rod found for the northwest corner of said Lot 2A, and the northwest corner of said.342 acre tract, beg the southeast le of Tract No., a called 173 square feet tract of land described the matter of the State of Texas and County of Dallas VS Southwestern Land and Loan Company, John M. Stemmons, L.S. Stemmons, and Eliabeth Storey Stemmons, Harry Hargett and H.E. Raes, and Oak Cliff Bank & Trust Company, referenced Cause No A, as recorded Volume 43, Page 14 of the Dallas County Court at Law No. 1 Records, and beg the south end of a right-of-way corner clip at the tersection of the current east right-of-way le of Langford Street (a variable width right-of-way, Vol. 119, Pg. 496 and Vol , Pg. 4821), and the current south right-of-way le of W. Commerce Street (a variable width right-of-way, Vol. 2613, Pg. 12 and Vol. 43, Pg. 14), formerly State Highway 1; THENCE with said right-of-way corner clip, said southeast le of Tract No., the north le of said.342 acre tract, and the north le of said Lot 2A, North East, a distance of feet to a 5/8-ch iron rod with KHA cap found for the northeast corner of said Tract No., and the northeast end of said right-of-way corner clip, and beg the south le of a tract of land described Right-of-Way Deed to the State of Texas recorded Volume 1787, Page 375 of said Deed Records; THENCE with said current south right-of-way le of W. Commerce Street, said south le of the State of Texas tract recorded Volume 1787, Page 375, and the south le of a tract of land described Right-of-Way Deed to the State of Texas recorded Volume 179, Page 43 of said Deed Records, and contug with said north le of a.342 acre tract and Lot 2A, North East, a distance of feet to the northwest corner of said 15 x 15 Alley Sight Easement and beg the PONT OF BEGNNNG; ALLEY SGHT EASEMENT ABANDONMENT PART OF LOT 2A, BLOCK 2/681 Reviewed By COMMERCE - LANGFORD ADDTON SPRG NO: 37(1 WLLAM P. OVERTON SURVEY ABSTRACT NO. 116 OF DALLAS, DALLAS COUNTY, TEXAS J. ANDY DOBBS. CTY REGSTERED PROFESSONAL LAbLLBBS LAND SURVEYOR NO MERT DRVE, SUTE 1 DALLAS, TEXAS PH andy.dobbskimley-horn.com HOPPER, BRADN 9/15/216 4:27 PM K:\DAL_SURVEYD644843D-SLATE CTY LGHTS\DWG\D )Horn 1275 Merit Drive, Suite 1 Tel. No. (972) Dallas, Texas FRM #11155 Fax No. (972) Scale Drawn by Checked by Date N/A JAD DAB FEB. 216 Project No. Sheet No OF 3

12 XtiTATRACT flAfl 7 THENCE contug with said current south right-of-way le of W. Commerce Street, said south le of the State of Texas tract recorded Volume 179, Page 43, and said north le of a 342 acre tract and Lot 2A, North East, a distance of 15. feet to a 1/2-ch iron rod found at the tersection of said current south right-of-way le of W. Commerce Street and the west le of a 1-foot wide public alley created by the revised map of the partial subdivision of A.P. Langston s Homestead, a subdivision of record as recorded Volume 119, Page 496 of the Map Records of Dallas County, Texas, beg the southeast corner of said State of Texas tract recorded Volume 179, Page 43, the northeast corner of said.342 acre tract, and beg the northeast corner of said Lot 2A; THENCE departg said current south right-of-way le of W. Commerce Street, and with said west le of the 1-foot wide public alley, the east le of said.342 acre tract, and the east le of said Lot 2A, South East, a distance of 15. feet to southeast corner of said 15 x 15 Alley Sight Easement; THENCE departg said west le of the 1-foot wide public alley, the east le of said.342 acre tract and Lot 2A, and with the southwest le of said 15 x 15 Alley Sight Easement, North West, a distance of feet to the PONT OF BEGNNNG and contag 19 square feet or.3 acres of land. Bearg system based on the Texas Coordate System of 1983, North Central Zone (422), North American Datum of 1983 (211). OS So J,a9./4 Reviewed By Date: SPRO NO: LQ1 J. ANDY DOBBS REGSTERED PROFESSONAL LAND SURVEYOR NO MERT DRVE, SUTE 1 DALLAS, TEXAS PH andy.dobbskimley-horn.com HOPPER, BRADN 9/15/216 4:27 PM ALLEY SGHT EASEMENT ABANDONMENT PART OF LOT 2A, BLOCK 2/681 COMMERCE - LANGFORD ADDTON WLLAM P. OVERTON SURVEY ABSTRACT NO. 116 CTY OF DALLAS, DALLAS COUNTY, TEXAS ey) Horn 1275 Merit Drive. Suite 1 Tel. No. (972> Dallas, Texas FRM # Fax No. (972) Scale Drawn by Checked by Date Project No. N/A JAD DAB FEB. 216 j4843 CTY LGHTS_ABMT_SGHT ESMT.DWG Sheet No. 2F3

13 LANGFORD LEGEND EWTATRiCT 27 fl 1 711AM? P.O.C. = PONT OF COMMENCNG P.O.B. = PONT OF BEGNNNG RFC = RON ROD W/ KHA CAP FOUND CM. = CONTROLLNG MONUMENT XS = X CUT N CONCRETE SET = DEED RECORDS OF DALLAS COUNTY, TEXAS M.R.D.C.T. = MAP RECORDS OF DALLAS COUNTY, TEXAS O.P.R.D.C.T. = OFFCAL PUBLC RECORDS, DALLAS COUNTY, TEXAS D.C.C.1.R. = DALLAS COUNTY AT LAW COURT NO. 1 RECORDS NOTES c)i ssj 1 s r LOT1 LOT2 LOT3 L.LJ.?i w. 1 >oo:: j- Bearg system based on the Texas Coordate System of 1983, North Central Zone (422), North American Datum of 1983, (211). Reviewed By TVL 6et Date: q./c. SPRG NO: P_ / J. ANDY DOBBS REGSTERED PROFESSONAL LAND SURVEYOR NO MERT DRVE, SUTE 1 DALLAS, TEXAS PH andy.dobbs@kimley-horn.com c 25 5 GRAPHC SCALE N FEET -, GJJ p.( s. P C CO) L L STATE..bXA REPUBLC STREET (FORMERLY TALAFERRO STREET) (A 53 RGHT-OF-WAY) VOL. 1, PG M.R.D.C.T. B qol.c XlS ALLEY \ SGHT EASEMENT (VOL , PG. 4821) 112 RF. 5/8 RFC 9 (CM.) r N48O9 39 E N W M3 ACRES- 19 SQ FT 1RA).,T NO. w ) STATE OFTEXAS j VOL. 43, PG. 14) CAUSENO A HOPPER, BRADN 9/15/216 4:27 PM K:\DAL_SURVEY644843D-SLATE CTY LGHTS\DWG\ LOT2A, BLOCK 2/681 COMMERCE - ADDTON VOL , PG ) 112 RF,...= (CM.) _ CALLED.342 ACRES WEST COMMERCE NVESTMENTS, LLC G NST. NO WLLAM P. OVERTON SURVEY, ABSTRACT NO. 116 TRACT NO. STATE OF TEXAS LVQL 43, PG. 14) CAUSE NO 53755A D.CC.1.R S E ATMOS ENERGY EASEMENT (NST. NO ). P. R. D CT. LLAM P. OVERTON SURVEY, ABSTRACT NO. 116 LOT 1A, BLOCK 2/681 CMMERCE/BEATRCE ADDTON VOL. 8924, PG. 16 CALLED 1.83 ACRES WEST COMMERCE NVESTMENTS, LLC NST. NO DR. D.C.T. ALLEY SGHT EASEMENT ABANDONMENT PART OF LOT 2A, BLOCK 2/681 COMMERCE - LANGFORD ADDTON WLLAM P. OVERTON SURVEY ABSTRACT NO. 116 CTY OF DALLAS, DALLAS COUNTY, TEXAS Kimley>>) Horn 1275 Merit Drive, Suite 1 Tel. No. (972) Dallas, Texas FRM # Fax No. (972) Scale Drawn by Checked by Date Project No. Sheet No. 1 = 5 JAD DA8 FEB OF 3

14 EXHBT B ADDTONAL ABANDONMENT PROVSONS That as a condition hereof, this abandonment is subject to any utilities or communication facilities, cludg without limitation water and wastewater les, gas les, and storm sewers, ( Facilities ) presently located with the abandoned area described Exhibit A, owned and/or operated by the City of Dallas or any utility or communications company, public or private, ( Utility ) and to the rights of any Utility for the use of the abandoned area for its Facilities. t is the tent of the foregog to confirm and mata and there is hereby reserved and excepted unto the City of Dallas, and not abandoned or conveyed hereunder, an easement (to which this abandonment is made expressly subject) over, upon, under, through,, and across the abandoned area for each Utility for its respective Facilities located there at the time of this abandonment, together with the right to make any subsequent alterations, additions, expansions, upgrades or modifications to such Facilities as may, from time to time be deemed necessary or convenient by the Utility owng and/or operatg same. No buildgs, structures (above or below ground) or trees shall be constructed or placed with the abandoned area without written consent of each affected Utility. Each Utility shall have the full right to remove and keep removed all or part of any buildgs, fences, trees, or other improvements or growths which any way may endanger or terfere with the construction, matenance or efficiency of its respective Facilities lyg with the abandoned area and shall at all times have the full right of gress and egress to or from and upon the abandoned area for the purposes of reconstructg, removg, relocatg, spectg, patrollg, matag, expandg, upgradg, and/or addg to all or part of its Facilities without the necessity at any time of procurg the permission of anyone. The easement reserved hereunder and the conditions and restrictions to which this abandonment is subject shall rema for the benefit of the applicable Utility and/or operators of the Facilities until said Facilities are removed and relocated from the abandoned area. The relocation, removal or adjustment of any or all such Facilities, if made necessary by GRANTEE S (whether one or more natural persons or legal entities) use of the abandonment area, shall be at the expense of GRANTEE here, or GRANTEE S successors and assigns. Should GRANTEE S relocation or removal of the Facilities require the obtag of new easements, the acquisition of same shall be at the expense of GRANTEE, GRANTEE S successors and assigns. f any of the Facilities (or relocations thereof) are allowed to rema on any part of the abandoned area, the easements and buildgs restrictions provided here shall rema thereon. Upon removal or relocation of all of the Facilities, any easements reserved or created here relatg to such removed or relocated Facilities shall termate, and any buildg restrictions here created shall cease. ABAN.EXB (revised 11191)

15 PROOF OF PUBLCATON - LEGAL ADVERTSNG The legal advertisement required for the noted ordance was published the Dallas Morng News, the official newspaper of the city, as required by law, and the Dallas City Charter, Chapter XV, Section 7. DATE ADOPTED BY CTY COUNCL ORDNANCE NUMBER 3366 FEB DATE PUBLSHED FEB ATTESTED BY: OFFCE OF CTY SECRETARY P:\PROOF OF PJBLCATONdocx