ORDINANCE NO. of portions of an alley

Transcription

1 ORDINANCE NO An ordinance easements Texas; providing for the abandonment of portions of an alley and two fire lane located in City Block C/i 990 in the City of Dallas and County of Dallas, providing for the quitclaim and conditions of the thereof abandonment, providing for barricading; providing for the to JLB Bencap relinquishment conveyance L.P.; providing for the and Dallas; providing for the indemnification of the City of Dallas out of the abandonment Dallas; providing for for this abandonment; herein; providing for the the payment of consideration quitclaim needed land to made the against damages terms herein; City of arising to be paid to the City of of the publication fee; providing a future effective and providing an effective oo0000oo date WHEREAS, the City Council of the City of Dallas, acting request and petition of JLB referred collectively to quitclaim the of the opinion that, an alley is not same stated; and should be as Bencap GRANTEE, hereinafter described tracts needed subject to the for public abandoned, L.P., a deems terms and use and it Texas of land and for this ordinance. advisable pursuant limited to easements to law and date upon the partnership, hereinafter abandon, relinquish and to GRANTEE, and is conditions herein provided, said portion of easements not needed for municipal relinquished and quitc!aimed to GRANTEE, WHEREAS, the City Council of the City of Dallas is of the opinion that the and welfare of the public and relinquishing and quitclaiming the to the terms and conditions the City of Dallas will be same hereinafter more fully to GRANTEE for the set forth: Now, served by use, and as hereinafter best interest abandoning, consideration and subject Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the and made vacated and closed tracts a part hereof for all insofar as of land purposes, described be and the the right, title and in Exhibit A, which is same are abandoned, interest subject. however, to the conditions and future effective cuts of the public date hereinafter attached hereto relinquished, are concerned; more fully set

2 SECTION 2. That for and in monetary consideration of the sum of ONE HUNDRED SIXTEEN THOUSAND FIVE HUNDRED FIFTY-FIVE AND NOI100 DOLLARS ($116,555M0) paid by GRANTEE, and the further consideration described in Sections 8, 9, 11, 13, 14, 15 and 16, the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations, future effective date and exceptions hereinafter made and with the restrictions and upon the covenants below stated, all of its right, title and interest in and to the certain tract of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of such right, title and interest in and to the property and premises, subject aforesaid, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging unto the said GRANTEE forever. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, future effective date 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 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction - Real Estate Division shall be reimbursed for the cost of obtaining the legal descnption, appraisal and other administrative costs incurred. The reimbursement proceeds shah be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source SECTION 5. That the abandonment, relinquishment and quitclaim provided for herein are made subject to an present zoning and deed restnctons, f the latter exist, and are subject to an exstng easernert rights of others f any, whethsr apparent o nonapparent, aenal, surface, underground or otherwse, and are further subject to the conditions contaned n Exhibit B as to Exhibit A-Tract 1, whch is attached hereto and made a part hereof for all purposes.

3 SECTION 6. That the terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. SECTION 7. That the abandonment, relinquishment and quitclaim provided for herein shall extend only to the public right, title, easement and interest, and shall be construed treatment or disposition of any Hazardous Substance on or affecting the areas set out discharge any judgment or judgments that may be rendered against the City of Dallas in expenses to persons or property that may arise out of, or be occasioned by or from: (i) successors and assigns; (ii) the presence, generation, spillage, discharge, release, Substances on or affecting the areas described in Exhibit A, which GRANTEE, its successors and assigns, agree to undertake and complete in accordance with assigns, agree to indemnify, defend, release and hold whole and harmless the City of consideration for the quitclaim to GRANTEE herein, GRANTEE, its successors and to extend only to that interest the Governing Body of the City of Dallas may legally and lawfully abandon, relinquish, vacate and quitclaim. SECTION 8. That as a condition of this abandonment and as a part of the Dallas of, from and against any and all claims for damages, fines, penalties, costs or the use and occupancy of the property described in Exhibit A by GRANTEE, its in Exhibit A; (iii) all corrective actions concerning any discovered Hazardous applicable federal, state and local laws and regulations; and (iv) the abandonment, closing, vacation and quitclairn by the City of Dallas of the areas set out in Exhibit A. GRANTEE, its successors and assigns, hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and connection therewith. For purposes hereof, Hazardous Substance means the following (a) any Thazardous substances under the Comprehensive Environmental Prevention and Control Act, TEX. WATER CODE, Section et seq., as amended; (c) petroleum or petroleum-based products (or any derivative or hazardous constituents Act 29 U.S.C Section 651 et seq. as amended: (e) any hazardous waste under the thereof or additives thereto), including without limitation, fuel and lubricating oils; (d) any hazardous chemicals or toxic chemicals under the Occupational Safety and Health Response. Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq.. as amended; (b) any hazardous substance under the Texas Hazardous Substances Spill

4 Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any chemical substance under the Toxic Substance Control Act, 15 U.S.C. Section 2601 et seq., as amended. 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 promulgated thereunder. SECTION 9. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall convey by Alley Easement to the City of Dallas within 90 days of the effective date of this ordinance, good, indefeasible and marketable title, subject to only those title exceptions approved by the City Attorney and insured by an owner s policy of the title insurance approved as to form by the City Attorney, to certain property located in City Block C/i 990, containing approximately 2,936 square feet of land, a description of which is attached hereto and made a part hereof as Exhibit C. This abandonment shall not be effective unless and until this dedication is completed as herein provided and failure to convey the above described property as set forth shall render this ordinance null and void and of no further effect. SECTION 10. That at such time as the instrument described in Section 9 above is executed and delivered to the City of Dallas and has been approved as to form by the City Attorney, it be accepted, and thereafter, the Director of Department of Sustainable Development and Construction is authorized and directed to record said instrument in the official real property records of the county in which the subject property is located. SECTION 11. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall complete construction of tie alley iiprovements within the easement area to be conveyed to City as described in Section 9 herein GRANTEE shall complete the alley mprovements prior to any barricading of the abandoned alley required pursuant to Section 16 herein. All construction shall comply with City alley construction standards. Failure to complete said construction prior to barricading or removal of the abandoned alley in accordance with the terms of this section shall render this ordinance null and void and of no further effect

5 2867 SECTION 12. That this ordinance and properly executed Alley Easement, approved as to form by the City Attorney, be forwarded to a title insurance company for closing. Subsequent to closing, all instruments conveying real estate interests to the City of Dallas shall be recorded in the official real property records of the county in which the subject property is located and thereafter returned to the City Secretary for permanent record. SECTION 13. That as a condition of this abandonment and as part of the consideration for the quitclaim made herein, GRANTEE shall pay all closing costs and title expenses associated with the acquisition of the property described in Section 9 above. SECTION 14. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall, within 180 days of the date of this ordinance: (i) submit detailed plans for the construction of the alley turnout within the area described in Exhibit C to the Department of Sustainable Development and Construction Engineering Division for review and approval; and, (ii) execute a Private Development Contract with the City of Dallas approved by the Director of Department of Sustainable Development and Construction or his/her designee for the construction of said alley turnout. This abandonment shall not be effective unless and until GRANTEE complied with this provision, and GRANTEE s failure to satisfy said conditions shall render this ordinance null and void and of no further effect. SECTiON 15. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall file a final replat of the adjoining properties prior to the issuance of any building permits affecting the tracts of land abandoned and quitclaimed herein, This final replat shall be recorded by GRANTEE n the official real property records of the county in whch the abandoned arec.l located afte ts approval by the City Plan Co mission of the City of Dallas.

6 28761 I 21B3 SECTION 16. That as a condition of this abandonment and as a part of the consideration for the quitclaim made herein, GRANTEE shall, immediately upon the passage of this ordinance, but in no event prior to the completion of the alley improvements required pursuant to Section 1 1 of this ordinance, close, barricade and/or place signs in the area described in Exhibit A-Tract 1 in accordance with detailed plans approved by the Director of Department of Sustainable Development and Construction. GRANTEE s responsibility for keeping the areas described in Exhibit A-Tract 1 closed, barricaded and/or the signs in place shall continue until the street improvements and intersection returns are removed by GRANTEE, it successors and assigns, to the satisfaction of the Director of Department of Sustainable Development and Construction. SECTION 17. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the official real property records of the county in which the abandonment area is located, which certified copy shall be delivered to the Director of Department of Sustainable Development and Construction, or designee. Upon receipt of the monetary consideration set forth in Sections 2 and 13, plus the fee for the publishing of this ordinance, which GRANTEE shall likewise pay, and the filing of the final replat set forth in Section 15 and the completion of the dedication set forth in Section 9, the Director of Department of Sustainable Development and Construction, or designee: (I) shall deliver to GRANTEE a certified copy of this ordinance, and (ii) is authorized to and shall prepare and deliver a QUITCLAIM DEED with regard to the area abandoned herein, 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 Sustainable Development and Construction, or designee. shall be the sole source for receiving certified copies of this ordinance for one year after its passage.

7 SECTION Th? 121 That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Dallas, and it is accordingly so ordained. APPROVED AS TO FORM: THOMAS P. PERKINS, JR. City Attorney THERESA O DONNELL Director of Department of Sustainable Development and Construction / / BY L / B 1 Assistant City Aorney 4Z Assistant Dector AUG Passed

8 TO THE PLAT THEREOF RECORDED IN VOLUME 2 AT PAGE 247 OF THE MAP RECORDS OF DALLAS WARRANTY DEED AS RECORDED UNDER INSTRUMENT NO ; AND GENERAL WARRANTY OF THE ALLEY ADJOINING LOTS 3 THOUGH 22 AS CONVEYED TO JLB BENCAP L.P. BY SPECIAL BLOCK C/1990 BEING A 10,105 SQUARE FOOT TRACT OF LAND SITUATED IN THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, AND BEING A PORTION OF THE 20 FOOT ALLEY CREATED IN BLOCK C/1990 BY V. S. COUNTY, TEXAS, OUT OF JOHN GRIGSBY SURVEY, ABSTRACT NO. 495 AND BEING THE PORTION BOWLES ADDITION, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, ACCORDING V. S. 8OWLES ADDITION _* I FA D( po a5y LAaAS EXAS (For SPRG Jse OoIy) LAND SURVEYOR NO AD REE ii MiDWAY ROAD LAND SURVEYOR NO PREPARED FROM SURVEYS MADE ON THE GROUND THIS 28TH DAY OF JUNE, 2011 ESTABLISHED BY GLOBAL POSITIONING TEXAS NORTH OENT9AL ZONE (4202). RECORDS OF DALLAS COUNTY, (EXAS, DOES NOT INDICATE DIRECTIONAL BEARINGS. BEARINGS NOTE BASS OF BEARINGS THE PLAT RECORDED IN VOL ME 2 AT PAGE 247 OF THE MAP (0.232 AC.) OF LAND, MORE OR LESS. DISTANCE OF 20,11 FEET TO THE POINT OF BEGINNING AND CONTAINING 10,105 SQUARE FEET THENCE NORTH EAST ALONG THE SOUTHEASTERLY LINE OF SAID CAPITOL AVENUE FOR A LINE OF SAID CAPITOL AVENUE; SET FOR CORNER, BEING THE MOST NORTHERLY CORNER OF SAID LOT 13 AND BEING THE DISTANCE OF FEET TO A 5/8 iron ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 BEING COMMON TO THE NORTHEASTERLY LINE OF SAID LOTS 13 TO 22 IN BLOCK 0/1990 FOR A THENCE NORTH WEST ALONG THE SOUTHWESTERLY LINE OF SAID 20 FOOT ALLEY AND INIERSECTION OF THE SOUTHWESTERLY LINE OF SAID 20 FOOT ALLEY WITH THE SOUTHEASTERLY LINE OF SAID 20 FOOT ALLEY; SET FOR THE COMMON CORNER OF SAID LOT 22 AND LOT 23 IN BLOCK 0/1990 IN THE SOUTHWESTERLY FOR A DISTANCE OF FEET TO A 5/8 IRON ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 THENCE SOUTH WEST AND DEPARTING THE NORTHEASTERLY LINE OF SAID 20 FOOT ALLEY LOTS 3 AND 2 IN BLOCK C/199O; ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 SET FOR THE COMMON CORNER OF SAID OF SAID LOTS 3 TO 12 IN BLOCK 0/1990 FOR A DISTANCE OF FEET TO A 5/8 IRON NORTHEASTERLY LINE OF SAID 20 FOOT ALLEY AND BEING COMMON TO THE SOUTHWESTERLY LINE THENCE SOUTH EAST DEPARTING SAID CAPITOL AVENUE AND FOLLOWING ALONG THE SOUTHWESTERLY LINE OF GARRETT AVENUE (60 FOOT RIGHT OF WAY); FEET FOR THE INTERSECTION OF THE SOUTHEASTERLY LINE OF SAID CAPITOL AVENUE WITH THE YELLOW PLASTIC CAP STAMPED RPLS 1890 SET BEARING NORTH EAST AT A DISTANCE OF LINE OF CAPITOL AVENUE (50 FOOT RIGHT OF WAY) AND BEING WITNESSED BY A 5/8 IRON ROD WITH BEING THE INTERSECTION OF THE NORTHEASTERLY LINE OF SAID 20 FOOT ALLEY WITH THE SOUTHEASTERLY BEGINNING AT A 5/8 IRON ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 SET FOR THE MOST WESTERLY CORNER OF SAID LOT 12 IN BLOCK 0/1990 OF THE V. S. BOWLES ADDITION, SAID POINT AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: AND OF THE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS, DEEDS UNDER INSTRUMENT NUMBERS: ; ; ; ; 20 ALLEY ABANDONMENT EXHIBIT ATRACT

9 SS:U.200?1O7i96 - excs The U, 0 5 ) Ui (N I A U) A U ale U U - CU U <U CIA C > I, 44 U 0,4,4 U a,ii:i - 7 :7 (3 SC ((1 5 0C, (0 C >- as, Ca 0: 25 U C 70 1 U: APHIC SCALE: 1 80 BLOCK B/1969 GARRETT AVENUE (60 RIGHT OF WAY) U 5 -[ c 5 LEGEND CM. CONTROL MONUMENT POC POINT OF COMMENCING P08 POINT OF BEGINNING INST. NO, INSTRUMENT NUMBER D.R.D.C.T. DEED RECORDS, DALLAS COUNTY. TEXAS O.P.R.D.C.T. OFFICIAL PUBUC RECORDS, DALLAS COUN1Y, TEXAS SET IR. SET 5/8 IRON ROD WITH YELLOW PLAS11C CAP STAMPED RPLS K 1994 NJ. I. S S0:./-- a N. SCIS l C 50: 0: \ 17 C J [I [ F ( Al F 7:,-U Fl :1 5,0 0T 6 0.UR.D ST. _- I j01 Cs a BLOCK C/1990 U V. S. BOWLES ADDTON VOLUME 2, PAGE 247, M.R.D.C.T S.J.5 i7i27 E 20 ALLEY ABANDQNA(FNI * 1O N W BLOcK C/1990 V. S. BOWLES ADDtION VOLUME 2, PAGE 247, M.R.D.C.T $ S.F (0.232 AC.) 0 a: 4 RENCAP ss. NC ,j 0i197 0 P.CD.C.. C 44. SET (44. 0: 2TT so 00 N 0: (A i (I,,0 Li 20 ALLEY Ui U) BLOCK D/1994 U U -, C C -- I Sass 01 Becs -as pat recorded a scume 2 a aqe :7 of tie Map Recards of. as Courv, exas. aces not indicate drechoqol.,., asarugs Sear 10: e tabfs ec by Global CuCtor rg \ior:h Central Zore (4202) J U U LU S LU 19 LO 20 LU 2 ut UZ 22 TRACT 2. ± 1 (V W LINE TABLE BENNETT AVENUE (80 RIGHT OF WAY) PREPARED FROM SURVEYS MADE ON THE GROUND THIS 28TH DAY OF JUNE, O 3EARIN0,, DISIANCE W 2( N E BLOCK D/ ALLEY ABANDONMENT V. S. BOWLES ADDITION BLOCK C/199o LAND SURVEYOR NO MIDWAY ROAD DALLAS, TEXAS PHONE: FAX: JUNE 02, 2Q12

10 V. S. BOWLES ADDITION DALLAS, TEXAS, AND BEING THE SAME PARCEL CREATED IN VOLUME AT PAGE 1792 OF BEING A 2,000 SQUARE FOOT, 20 FOOT FIRE LANE EASEMENT AS CONVEYED TO THE CITY OF BLOCK 0/ FIRE LANE EASEMENT ABANDONMENT SAID LOT 6 FOR THE POINT OF BEGINNING; TO A POINT FOR CORNER; ALONG THE SOUTHWESTERLY LINE OF SAID 20 FOOT FIRE LANE EASEMENT FOR A DISTANCE OF LANE EASFMENT FOR A DISTANCF OF 100O0 FEET TO THE POINT OF BEGINNING AND THE MAP DALLAS RECORDS OF COUNTY, TEXAS, DOES NOT INDICATE DIRECTIONAL BEARINGS. LAND SURVEYOR NO U LAND SURVEYOR F! i( Y.4IDWAY ROAD LATLAT ITXAS LA B a (Far SPR Use Oniy) -n recs TZPROFEZ P PARED FROM SUREY MADE N HE GROUND THIS 8 F DAY C JUNF 2011 RINGS E TABLFD BY LOBAL POSITIONING LXAS NORTH CENTRAL ONE (4 O2 NOTE: BASIS OF BEARINGS PLAT RECORDED IN VOLUME 2 AT PAGE 247 OF THE CONTAINING 2,000 SQUARE FEET (0.046 AC.) OF LAND, MORE OR LESS. THENCE NORTH EAST ALONG THE NORTHWESTERLY LINE OF SAID 20 FOOT FIRE FEET TO A POINT FOR CORNER; THENCE NORTH WEST DEPARTING THE COMMON LINE OF SAID LOTS 6 AND 5 AVENUE ALONG THE COMMON LINE OF SAID LOTS 6 AND 5 FOR A DISTANCE OF FEET THENCE SOUTH WEST DEPARTING THE SOUTHWESTERLY LINE OF SAID GARRETT AVENUE FOR A DISTANCE OF FEET TO THE COMMON CORNER OF LOTS 6 AND 5 THENCE SOUTH EAST ALONG THE SOUTHWESTERLY LINE OF SAID GARRETT OF SAID BLOCK C/1990; AVENUE FOR A DISTANCE OF 354,12 FEET TO A POINT IN THE NORTHEASTERLY LINE OF THENCE SOUTH EAST ALONG THE SOUTHWESTERLY LINE OF SAID GARRETT RPLS 1890 SET FOR THE NORTH CORNER OF LOT 12 OF SAID BLOCK C/1990; (50 RIGHT OF WAY) WITH FOOT THE SOUTHWESTERLY LINE OF GARRETT AVENUE (60 RIGHT OF WAY) AT A FOOT 5/8 IRON ROD WITH YELLOW PLASTIC CAP STAMPED COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF CAPITOL AVENUE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY RECORDS OF DALLAS COUNTY, TEXAS, AS CONVEYED AS TRACT 1 TO JLB BENCAP L.P. BY OF JOHN GRIGSBY SURVEY, ABSTRACTNO. 495 AND BEING A PORTION OF LOT 6, BLOCK C/1990 V. ADDITION, OF S. AN ADDITION BOWLES TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, SPECIAL WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER OF THE DESCRIBED BY METES AND BOUNDS AS FOLLOWS: THE DEED RECORDS OF DALLAS COUNTY, TEXAS, SITUATED IN THE CITY OF DALLAS, TEXAS, OUT ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 AT PAGE 247 OF THE MAP EXHiBIT A-TRACT 2

11 CLJL C T ) 1 L a a SCALE: w 8 z 1 = 80 BLOCK B/1989 GARRETT AVENUE (60 RJGHT_OF_WAY1s S E N E ,000 S.F (0,046 Ac,) 20 X700 I FIRE LANE EASEMENT ABANDONMENT VL , PG. 1792, D,R.D,C. T, B N I, T I N W- p ) BLOCK C11990 V. S. BOWLES ADDITtON VOLUME 2, PAGE 247, M,R.D,C. 20 ALLEY LEGEND CM. - CONTROL MONUMENT POC POINT OF COMMENCING P08 - POINT OF BEGINNING INST. NO. INSTRUMENT NUMBER D.RDC.T DEED RECORDS, DALLAS COUNTY, TEXAS OP.R.D.C.T. OFFICIAL PUBUC RECORDS, E DALLAS COUNTY, TEXAS SET IR. SET 5/8 IRON ROD WITH YELLOW f PLASTIC CAP STAMPED RPLS 1890 S 44 2é 50 w NT LB B 43 NB 2 81L..1 8, I 8 Wca a > BLOCK /199O V. S. BOWLS ADDITION VOLUME 2, PAGE 247, MD,C.T Ba a aar T. a 1 a em Rcrd,, a Je t dcatedect a ea stab ci by L ha 3 exa Ncth rt a Zoe 4 2 A,ENA 2 2 C I C. BENNETT AVENUE (80 RIGHT OF WAY) PREPARED FROM SURVEYS MADE ON THE GROUND THIS 28TH DAY OF JUNE, 2011, BLOCK D/ F/RE LA NE EAT ABANDONMENT V. S. BOWLES ADDITION BLOCK C /1990 LAND SURVEYOR NO MIDWAY ROAD DALLAS, TEXAS PHONE: FAX: JUNE OZ 2012

12 E)GIJBJT A-TRACT FIRE LANE EASEMENT ABANDONMENT V. S. BOWLES ADDITION BLOCK C/199O 1 BEING A 2,000 SQUARE FOOT, 20 FOOT FIRE LANE EASEMENT AS CONVEYED TO THE CITY OF DALLAS, TEXAS, AND BEING THE SAME PARCEL CREATED IN VOLUME AT PAGE 1792 OF THE DEED RECORDS OF DALLAS COUNTY, TEXAS, SITUATED IN THE CITY OF DALLAS, TEXAS, OUT OF JOHN GRICSBY SURVEY, ABSTRACT NO. 495 AND BEING A PORTION OF LOT 10, BLOCK 0/1990 OF V. S. BOWLES ADDITION, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, ACCORDING TO THE PEAT THEREOF RECORDED IN VOLUME 2 AT PAGE 247 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, AS CONVEYED AS TRACT 1 TO JLB BENCAP L.P. BY SPECIAL WARRANTY DEED RECORDED UNDER INSTRUMENT NUMBER OF THE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF CAPITOL AVENUE (50 FOOT RIGHTOFWAY) WITH THE SOUTHWESTERLY LINE OF GARRETT AVENUE (60 FOOT RIGHT--OF WAY) AT A 5/8 IRON ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 SET FOR THE NORTH CORNER OF LOT 12 OF SAID BLOCK 0/1990; THENCE SOUTH EAST ALONG THE SOUTHWESTERLY LINE OF SAID GARRETT AVENUE FOR A DISTANCE OF FEET TO A POINT IN THE NORTHEASTERLY LINE OF SAID LOT 10 FOR THE POINT OF BEGINNING; THENCE SOUTH EAST ALONG THE SOUTHWESTERLY LINE OF SAID GARRETT AVENUE FOR A DISTANCE OF FEET TO A POINT FOR CORNER IN THE NORTHEASTERLY LINE OF SAID LOT 10; THENCE SOUTH WEST DEPARTING THE SOUTHWESTERLY LINE OF SAID GARRETT AVENUE ALONG THE SOUTHEASTERLY LINE OF SAID 20 FOOT FIRE LANE EASEMENT FOR A DISTANCE OF FEET TO A POINT FOR CORNER; THENCE NORTH WEST ALONG THE SOUTHWESTERLY LINE OF SAID 20 FOOT FIRE LANE EASLMENF FOR A DISYANCE. OF FEET TO A POINT FOR CORNER;; THENCE NORTH EAST ALONG THE NORTHWESTERLY LINE OF SAID 20 FOOT FIRE LANE EASEMENT FOR A DISTANCE OF FEET TO THE POINT OF BEGINNING AND CONTAINING 2,000 SQUARE FEET (0.046 AC.) OF LAND, MORE OR LESS. NOTE: BASIS OF BEARINGS THE PLAT RECORDED IN VOLUME 2 AT PAGE 247 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, DOES NOT INDICATE DIRECTIONAL BEARINGS HEARINGS ESTABL1SHED BY GLOBAL POSITIONING TEXA NORTH CENTRAL ZONE (4202) PR.PAREi ROM SURVEYS MADt in THE GROUND HIS 28tH DAY OF JUNE, Oi LAND SuRiEOR NO (Fcr SPRG Use OnIy) REE II REGiSTERED PROFESSIONAL II LAND SURVE(OR NO. LA MIDWAY ROAD it LA TXAS OO h 8 bou

13 20 ALLEY (1, OX) I) IC 111 cirr 9 nr 9 SCALE: r = 80 S C 72 \ iii N w z BLOCK B/1989 GARRETT AVENUE S E(60 RGHT OF WAY), S W 100,00 2,000 S.F (0.046 AC.) 20 X 700 FiRE LANE EASEME 41T ABANDONMENT VOL. 6901, PC, 172, 0,.D. C. 7. N W BLOCK C/1990 V. S. 3OWLES ADDITION VOLUME 2, PAGE 247, M.R,D.C.T 1 C IC C) C_C) IX) 1. LEGEND CM POC CONTROL MONUMENT POINT OF COMMENCING P08 POINT OF BEGINNING NST NO. INSTRUMENT NUMBER D.R.DC,T. DEED RECORDS, DAU.AS COUNTY, TEXAS OPR.DCT. OFFICIAL PUBUC RECORDS, DALLAS COUNTY, TEXAS SET hr. SET /8 IRON ROD WITH YELLOW PLASTiC CAP STAMPED RPLS r B BENRAP F T N ad F I F 1 1.1I 0 0 DC 0 Os ALLEY BLOCK /199o V. S. BOWLES ADDITION VOLUME 2, PAG247, M,RDC,T a H aa T e p at eco d H t 47 f the Mop Re cr Cnty F e ct ad ate ow dir tlbtdbyocto p - N Itt tr 7 41 L 8 L 9 TRACT 2 BENCAP C 0 (1112 BENNETT AVENUE (8O RIGHT OF WAY) PREPARED FROM SURVEYS MADE ON THE GROUND THIS 28TH DAY OF JUNE, r BLOCK D/ F/RE LANE EASEMENT ABANDONMENT V. S. EJOWLES ADDITION BLOCK c/199o LAND SURVEYOR NO MIDWAY ROAD DALLAS, TEXAS PHONE: FAX: JUNE 02, 2012

14 8767 EXHIBIT B ADDITIONAL ABANDONMENT PROVISIONS That as a condition hereof, this abandonment is subject to any utilities or communication facilities, including without limitation water and wastewater lines, gas lines, and storm sewers, ( Facilities ) presently located within the abandoned area described in 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. It is the intent of the foregoing to confirm and maintain 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, in, and across the abandoned area for each Utility for its respective Facilities located therein 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 owning and/or operating same. No buildings, structures (above or below ground) or trees shall be constructed or placed within 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 buildings, fences, trees, or other improvements or growths which in any way may endanger or interfere with the construction, maintenance or efficiency of its respective Facilities lying within the abandoned area and shall at all times have the full right of ingress and egress to or from and upon the abandoned area for the purposes of reconstructing, removing, relocating, inspecting, patrolling, maintaining, expanding, upgrading, and/or adding to all or part of its Facilities without the necessity at any time of procuring the permission of anyone. The easement reserved hereunder and the conditions and restrictions to which this abandonment is subject shall remain for the benefit of the applicable Utility and/or operators of the Facilities until said Facilities are removed and relocated from the abandoned area. necessary by The relocation, removal or adjustment of any or all such Facilities, if made GRANTEE S (whether one or more natural persons or legal entities) use of the abandonment area, shall be at the expense of GRANTEE herein, or GRANTEE S successors and assigns Should GRANTEE S relocation or removal of the Facilities require the obtaining of new easements, the acquisition of same shall be at the expense of GRANTEE, GRANTEE S successors and assigns If any of the Facihties (or relocations thereof) are allowed to remain on any part of the abandoned area, the easements and buildings restrictions provided herein shall remain thereon. Upon removal or relocation of all of the Facilities, any easements reserved or created herein relating to such removed or relocated Facilities shall terminate, and any building restrictions herein created shall cease. ABAN EXB (revsed )

15 TEXAS EXHIBI9 C ALLEY EASEMENT V. S. BOWLES ADDON BLOCK C/1990 BEING A 2,936 SQUARE FOOT TRACT OF LAND SITUATED IN THE CITY OF DALLAS, TEXAS, OUT OF JOHN GRIGSBY SURVEY, ABSTRACT NO. 495 AND BEING A PORTION OF LOT 23, BLOCK C/1990 OF V. S. BOWLES ADDITION, AN ADDITION TO THE CITY OF DALLAS, DALLAS COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 AT PAGE 247 OF THE MAP RECORDS OF DALLAS COUNTY, TEXAS, AS CONVEYED TO JLB BENCAP LP. BY GENERAL WARRANTY DEED AS RECORDED UNDER INSTRUMENT NUMBER OF THE OFFICIAL PUBLIC RECORDS OF DALLAS COUNTY, TEXAS. AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT THE INTERSECTION OF THE SOUTHEASTERLY LINE OF CAPITOL AVENUE (50 FOOT RIGHT OF WAY) WITH THE NORTHEASTERLY LINE OF BENNETT AVENUE (80 FOOT RIGHT OF--WAY) AT A 5/8 IRON ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 SET FOR THE WEST CORNER OF LOT 13 OF SAID BLOCK C/199O; THENCE SOUTH EAST ALONG THE NORTHEASTERLY LINE OF SAID BENNETT AVENUE FOR A DISTANCE OF FEET TO A 5/8 IRON ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 SET FOR THE POINT OF BEGINNING, BEING THE COMMON CORNER OF LOTS 22 AND 23; THENCE NORTH EAST DEPARTING THE NORTHEASTERLY LINE OF SAID BENNETT AVENUE ALONG THE COMMON LINE OF SAID LOTS 22 AND 23 FOR A DISTANCE OF FEET TO A 5/8 IRON ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 SET FOR THE COMMON CORNER OF SAID LOTS 22 AND 23 IN THE SOUTHWESTERLY LINE OF A 20 FOOT ALLEY; THENCE SOUTH EAST ALONG SAID SOUTHWESTERLY LINE FOR A DISTANCE OF FEET TO A 5/8 IRON ROD WiTH YELLOW PLASTIC CAP STAMPED RPLS 1890 SET AT THE COMMON CORNER OF LOTS 23 AND 24 OF SAID BLOCK 0/1990 AT THE BEGINNING OF A NON TANGENT CURVE TO THE LEFT HAVING A RADIUS OF FEET, A CENTRAL ANGLE OF , CHORD BEARING OF SOUTH WEST AT A DISTANCE OF FEET; THENCE SOUTHWESTERLY AND CONTINUING ALONG SAID NON_TANGENT CURVE TO THE LEFT FOR AN ARC DISTANCE OF FEET TO A 5/8 IRON ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 SET FOR CORNER; THENCE SOUTH WEST FOR A DISTANCE OF FEET TO A 5/8 IRON ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 SET FOR CORNER IN THE NORTHEASTERLY LINE OF SAID BENNETT AVENUE; THENCE NORTH WEST ALONG THE NORTHEASTERLY LINE OF SAID BENNETT AVENUE FOR A DISTANGE OF 15 On FEFT TO THE POINT OF BEGINNING AND CONTAINING 2,936 SOUARE FEET (0.067 AC) OF LAND, MORL OR LET NOTE BASIS OF BLAR1NGS THE FLAT RECORDED IN VOLUME 2 AT PAGE 247 OF THE MAP RECORDS OF DALLAS CQ JNT TEYAS. DOES NCT!.,LLATE DRECTJONAL BEARNCS BEARINGS ESTABLISHED BY GLOBAL POSITIONING NORTH CENTRAL ZONE (4202). REPARED FROM URVEYS MADE ON THE GROUND THiS 28TH DAY OF JUNE, 2011 LAND SURVEYOR NO 1890 A DA 9D PETREE REGSTERED PROFESSN)NAL UJ 4D SURVEYOR NO MIDWAY ROAD \L TXAS O w

16 Qg. y ARC Th I <.1?AP SCALE: I = 80 GARRETT BLOCK 8/1989 (60 R GHTOF WAY) AVENUE LEGEND C M. CONTROL MONUMENT POC POINT OF COMMENCING P08 POINT OF BEGINNING INST NO, INSTRUMENT NUMBER O.R.D.C.T. DEED RECORDS, DALLAS COUNVt, TEXAS O P R.D.C,T. OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS SET PR SET 5/8 IRON ROD WITH YELLOW PLASTIC CAP STAMPED RPLS 1890 z Us - <, C C JLB B[NCA- LI NF NC tc1,cdd 7 5 [.7 NO. RADIUS DELTA. C BLOCK ciisa V. S. BOLES ADDITION VOLUME Z PAGE 247, M.R.D.C.T CHORD BEARING LENGTH S W ALLEY C B age p t re red a a 47 o a Mp Re a Tç dc as aot d ate C reap p rrqs tu b oa t r e Na tn Ce t r e cr ) TN4C C 3 BCNC4. a.3 [ C 2 3C.1ap C 7.71; ALLEY EASEMENT 2,936 S. (0.067 Ac.) LiNE TABLE SEARING DiSJANCE C E W N N W S E BENNETT (SO RIGHT OF--WAY) BLOCK D/ AVENUE ALLEY EASEMENT V. S. BOWLES ADDITION BLOCK C/1990 L3 PREPARED FROM SURVEYS MADE ON THE GROUND THIS 28TH DAY OF UNE, LAND SURVEYOR NO MIDWAY ROAD DALLAS, TEXAS PHONE FAX: JUNE 02, 2012