ORDINANCE NO. U I GM/35162

Transcription

1 0 ORDINANCE NO. U I An ordance providg for the abandonment and relquishment of portions of two sanitary sewer easements, located City Block 4326 the City of Dallas and County of Dallas, Texas; providg for the quitclaim thereof to City Wide Community Development Corporation; providg for the terms and conditions of the abandonment, relquishment and quitclaim made here; providg for the conveyance of a new easement to the City of Dallas and the relocation of existg facilities; 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 a future effective date for the abandonment, relquishment and quitclaim made here; 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 City Wide Community Development Corporation, a Texas non-profit corporation, hereafter referred to as GRANTEE, deems it advisable to abandon, relquish and quitclaim the City of Dallas right, title and terest and to the hereafter described tracts of land to GRANTEE, and is of the opion that, subject to the terms and conditions here provided, said portions of sanitary sewer easements are no longer needed for municipal use, and same should be abandoned, relquished and quitclaimed to GRANTEE as hereafter provided, for the consideration hereafter stated; and WHEREAS, the City Council of the City of Dallas is of the opion that the best terest and welfare of the City will be served by abandong, relquishg and quitclaimg the same to GRANTEE for the consideration and subject to the terms and conditions hereafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That the City of Dallas hereby abandons and relquishes all of its right, title and terest and to the tracts of land described Exhibit A, attached hereto and made a part hereof; subject, however, to the conditions and future effective date hereafter more fully set out. GM/

2 SECTION 2. That for and monetary consideration of the sum of FIVE THOUSAND FOUR HUNDRED AND NOI100 ($5,400.00) DOLLARS paid by GRANTEE, and the further consideration described Section 8, the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, reservations, future effective date and exceptions hereafter made and with the restrictions and upon the covenants below stated, all its right, title and terest those certa tracts or parcels of land hereabove described AND TO HOLD all of such right, title and terest Exhibit A. and to 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. SECTION 3. That upon payment of the monetary consideration set forth GRANTEE accepts the terms, provisions, and conditions of this ordance. Section 2, SECTION 4. That the City Controller is authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above the General Fund 0001, Department DEV, Balance Sheet 0519 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 0001, Department DEV, Unit 1183, Object 5011 and any remag proceeds shall be transferred to the General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source SECTION 5. That the abandonment, relquishment and quitclaim provided for here are made subject to all present zong and deed restrictions, subject to all existg easement rights of others, non-apparent, aerial, surface, underground or otherwise. if if the latter exist, and are any, whether apparent or SECTION 6. That the terms and conditions contaed this ordance shall be bdg upon GRANTEE, its successors and assigns. SECTION 7. That the abandonment, relquishment and quitclaim provided for here shall extend only to that terest the Governg Body of the City of Dallas may legally and lawfully abandon, relquish and quitclaim. GM/

3 ( -fi SECTION 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 the City of Dallas whole and harmless agast 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 property 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 9601 et seci., as amended; (b) any hazardous substance under the Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, Section et seci., 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 sep., as amended; (e) any hazardous waste under the 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 this defition clude all past and future amendments thereto, as well as applicable rules and regulations as now or hereafter promulgated thereunder. GM

4 280 9 SECTION 9. That this abandonment, relquishment and quitclaim of the City s right, title and terest and to said portions of sanitary sewer easements shall not become effective until and unless: (i) the existg stallations and facilities are relocated, at GRANTEE s expense, to the new easement to be provided by GRANTEE and acceptable to the Director of Sustaable Development and Construction, as is hereafter provided; and (ii) plans for the construction and relocation of stallations with the new easement are approved by the Director of Sustaable Development and Construction; and (iii) said construction and relocation of stallations are completed, approved and accepted writg by the Director of Sustaable Development and Construction. All work shall be done at the sole cost of GRANTEE and to the satisfaction of the Director of Sustaable Development and Construction. SECTION 10. That the City Secretary is hereby authorized and directed to certify a copy of this ordance for recordation the Deed Records of Dallas County, Texas, which certified copy shall be delivered to the Director of Sustaable Development and Construction, or designee. 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 Sustaable Development and Construction, or designee shall deliver to GRANTEE a certified copy of this ordance. The Director 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. SECTION 11. 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: THOMAS P. PERKINS, JR. City Attorney THERESA O DONNELL Director of Sustaable Development and Construction BY Assistant City Attorney Passed (EY). Assistant Director GM/

5 EXHBTAT0Ti SANITARY SEWER EASEMENT ABANDONMENT LOT 39-A, BLOCK 4326 CHAN B. PATEL SUBDIVISION CITY OF DALLAS, DALLAS COUNTY. TEXAS BEING a centerle description of a tract of land situated the James Ray Survey, Abstract No. 1214, the City of Dallas, Dallas County, Texas, and beg situated Lot 39-A, Block 4326 of Chan B. Patel Subdivision, an Addition to the City of Dallas, Texas, accordg to the Map or Flat thereof recorded Volume 83134, Page 5802, Deed Records of Dallas County, Texas (), and beg situated a tract of land conveyed to City Wide Community Development Corporation as evidenced a Correction General Warranty Deed recorded Clerk s Instrument No , DR.D.CT., same beg the remag portion of a Sanitary Sewer Easement to the City of Dallas, Texas (no width given), as recorded Volume 1811, Page 0401,, said centerle of the Sanitary Sewer Easement beg more particularly described by metes and bounds as follows: COMMENCING at the southest corner of said Lot 39-A, same beg on the current curvg west right-of-way le of S. Lancaster Road (a variable width right-of-way), said curve beg a non-tangent curve to the right, from said southeast corner, a found 5/8-ch capped iron rod bears South West, 0.73 feet; THENCE a northerly direction, along the east le of said Lot 39-A, the west right-of-way le of said S. Lancaster Road and along the arc of said curve to the right, through a central angle of , havg a radius of 1, feet, a chord bearg of North West, a chord distance of 5.16 feet and an arc length of 5.16 feet to the end of said curve; THENCE North West, contug along the east le of said Lot 39-A and the west right-of-way le of said S. Lancaster Road, a distance of 1.30 feet to a 5/8-ch KHA capped iron rod set for the POINT OF BEGINNING of the here described centerle; THENCE South West, departg the east le of said Lot 39-A and the west right-of-way le of said S. Lancaster Road, and along the centerle of said Sanitary Sewer Easement, a distance of feet to a 5/8-ch KHA capped iron rod set for the POINT OF TERMINUS of said easement centerle, same beg on the west le of said Lot 39-A, same also beg North West, 3.09 feet from the southwest corner of said Lot 39-A. Basis of bearg has been determed by use of found monumentation deleatg the westerly le of Lot 39-A, Block 4326, Chan B. Patel Subdivision, said bearg beg South East by use of the Texas State Plane Coordate System Northcentral Texas Zone The beatgs shown hereon are Grid values. The distances shown hereon are Surface values. To convert the surface distances to Grid values, multiply the distances by the combed scale factor of (for SPRG use only> jffliatit.i.ji(fl Reviewed By: j Date: I xj Associates, Inc. C? Park Central Deter, Srnte 180(4 Tel No. (972) 77(3 1301) Dallas, Texas Fax No (972) SPRG NO: cr Drax hs Checkedhv Project No. Sheet No. NONE hl(4m j )0 l 0F2

6 H--- LEGEND IRON ROD INCH IRON ROD SET WITH CAP KHA RF COUND IRSL. 518 IREC - INCH 5/8 IRON ROD bound W TH SSMH WASTEWATER MANHOLE INSt INS1RUMENT VOL VOLUME PG PAGE DEED RECORDS OF w > U >- w -J z uj DR DI. C M T CONTROL DALI AS INC MONUMENT EXBT SANITARY SEWER EPBANDONMENT N 7 WIDE VOL LOT 39-A, BLOCK 4326 CHAN B. PATEL SUBDiVISION w E CITY OF DALLAS, DALLAS COUNTY, TEXAS p \ CAP COUNTY. TEXAS LOT 1, BLOCK N4326 URBAN LEAGUE ADDITION VOLUME 99104, PAGE 0140 D.RD.C.T. STORM SEWER ESMT 4221, PG R D.C T \_ 0 5l8 IRFC (RPLS55 GRAPHIC SCAI.E U ciii a INST. NO LOT 39-A, BLOCK 4326 CHAN B. PATEL SUBDIVISION VOLUME 83134, PAGE 5802 Ci OOe0904 R = L = 5.16 CB N 164O.i W C = 5.16 S49 l iji SANITARY SEWER EASEMENT VOL. 1811, PG /2. IRFC (NO WIDTH GIVEN) \ SANITARY TRACT 3 INST. NO SEWER VOL EASEMENT L2 1/2 IRF PG 0282 CM. DRD.C.T 1 IPF NO WIDTH GIVEN Basis of bearg has been determed by use monumentabon deleatg the westedy le of of Lot 39-A, Bbouk 4326, Chan 8. Patel Subdivision, said bearg beg South LOT 4, BLOCK 30/4328 found BELLEVUE VOLUME 1, PAGE East by use of the Texas State Place Coordate System M.R.D.C.T. Northcentral Texas Zone 4202 The beargs shown hereori are Grid xalues. The distances shown hereon are Surface values To convert the surface distances by the combed scale factor of to 0 (for SP,1G ose only) Grid values, multiy the distances Li: N 16e W, 1.30 L2: N 3O023i4 W, 3.09 CALLED 0.41 ACRE INST. NO, \ Dt Zm Reviewed By:,t Date: SPRG NO: V /7.3; /C (10 I ark Dallas, Texas Drive. Sa,ta Central Scale Druwn I 1-5(1 MBM

7 SANITARY CITY OF EXHiEf ATRAc 3 I SEWER EASEMENT ABANDONMENT BLOCK 4326 S. DENLEY DRIVE DALLAS, DALLAS COUNTY, TEXAS BEING a tract of land situated the James Ray Survey, Abstract No. 1214, City Block 4326, the City of Dallas, Dallas County, Texas, and beg situated a called Tract 3 to City Wide Community Development Corporation as evidenced a General Warranty Deed recorded Clerks Instrument No , Deed Records of Dallas County, Texas (), same beg that portion of a Sanitary Sewer Easement to the City of Dallas, Texas (no width given), as recorded Volume 1813, Page 0282, located east of S. Denley Drive, said centerle of the Sanitary Sewer Easement beg more particularly described by metes and bounds as follows: COMMENCING at a 5/8-ch KHA capped iron rod set for the southwest corner of said Tract 3, same beg on the east right-of-way le of S. Denley Drive (a called 50 wide right-of-way), from said iron rod, a found 5/8-ch iron rod bears South East, 1.51 feet; THENCE North lo West, along the west le of said Tract 3 and the east right-of-way le of said S. Denley Drive, a distance of 0.28 feet to a 1/2-ch iron rod found for the pot of curvature of a curve to the right; THENCE a northerly direction, contug along the west le of said Tract 3 and the east right-of-way le of said S. Dentey Drive and along the arc of said curve to the right, through a central angle of , havg a radius of feet, a chord bearg of North 21 oo5o7 West, a chord distance of 1.26 feet and an arc length of 1.26 feet to a 5/8-ch KHA capped iron rod set for the POINT OF BEGINNING of the here described centerle; THENCE North East, departg the west le of said Tract 3 and the east right-of-way le of said S. Denley Drive and along the centerle of said Sanitary Sewer Easement, a distance of feet to a 5/8-ch KHA capped iron rod set for the POINT OF TERMINUS of said easement centerle, same beg on the east le of said Tract 3, same also beg North West, 3.09 feet from the southeast corner of said Tract 3. Basis of bearg has been determed by use of found monumentation deleatg the westerly le of Lot 39-A, Block 4326, chan B. Patel Subdivision, said bearg beg South East by use of the Texas State Plane coordate System Northcentral Texas Zone The beargs shown hereon are Grid values. The distances shown hereon are Surface values. To convert the surface distances to Grid values, multiply the distances by the combed scale factor of Reviewed By: Date: (for SPR use only) 6 SPRG NO: -484& I Park Central Delve, Suer 1800 Dallav, Teras flkhnkhorn and Associates, Inc. 0L No. (977) (1 Far No (972 Scale Drawn lv Checked ht Date Project Na Sheet No. NONE MOM EllA 12,10, I 0F2

8 _ IRON 518-INCH 0 W4E S 50 GRAPHIC SCALE 50 flandassodatesc EXHIBIT A 280 ) SANITARY SEWER EASEMENT ABANDONMENT BLOCK 4326 S. DENLEY DRIVE CITY OF DALLAS, DALLAS COUNTY. TEXAS LEGEND RF - ROD FOUND RSC - RON ROD SET WITH KHA CAP IRFC = 5/8-INCH IRON ROD FOUND WITH CAP SSMH. WASTEWATER MANHOLE INST. - INSTRUMENT VOL - VOLUME PG. = PAGE DR DC T. = DEED RECORDS OF DALLAS COUNTY, TEXAS C M. = CONTROLLING MONUMENT LOT 39-A, BLOCK 4326 CHAN B. PATEL SUBDIVISION VOLUME 83134, PAGE 5802 SANITARY SEWER EASEMENT VOL. 1811, PG D.R D CT. (NO WIDTH GIVEN> / TRACT 3 INST. NO TRACT 2 INST. NO SANITARY SEWER EASEMENT VOL. 1813, PG (NO WIDTH G1VEN) CM. IRF 1 IPF ci i0 57 R = L = 1.26 CB = N2i 0507 W C = 1.26 Li: N 2i ii i0 W,0.28 L2: N i4 W, 3.09 / / 7 WIDE STORM SEWER ESMT. / VOL. 3949, PG. 0627, D.R D.C T LOT 4, BLOCK 30/4328 BELLEVUE VOLUME 1, PAGE 0475 M.R.D.C.T. // // Basis of bearg has been determed by use of found monumentation deleatg the westerly le of Lot 39 A, Block 4326, Chan B. Patel Subdivision, said bearg beg South East by use of the Texas State Plane Coordate System Northcentrat Texas Zone The beargs shown hereon are Grid values. The distances shown hereon am Surface values. To convert the surface distances to God values, multiply tire distances by the combed scale factor of (for SPRG use only) Reviewed By: J Date: t270t) Park Central Drive, Suite tiifxt let No (972) (9) Dallas. Texas Fax No. (972) SPRG NO: Seole Drawn hi Checked by Dare Prefect No Sheet No 1/4 RF niey-horn t 50 MBM KHA OF2