An ordinance providing for the abandonment and relinquishment of a portion of a utility easement, located in

Transcription

1 ORDINANCE NO An ordinance providing for abandonment and relinquishment of a portion of a utility easement, located in City Block 1/6360 in City of Dallas and County of Dallas, Texas; providing for quitclaim reof to Sikka Investments, LLC; providing for terms and conditions of abandonment, relinquishment and quitclaim made herein; providing for indemnification of City of Dallas against damages arising out of abandonment herein; providing for consideration to be paid to City of Dallas; providing for payment of publication fee; and providing an effective date for this ordinance. ooooooo WHEREAS, City Council of City of Dallas, acting pursuant to law and upon request and petition of Sikka Investments, LLC, a Texas limited liability company; hereinafter referred to as GRANTEE, deems it advisable to abandon, relinquish and quitclaim City of Dalla& right, title and interest in and to hereinafter described tract of land to GRANTEE, and is of opinion that, subject to terms and conditions herein provided, said portion of utility easement is no longer needed for municipal use, and same should be abandoned, relinquished and quitclaimed to GRANTEE as hereinafter provided, for consideration hereinafter stated; and WHEREAS, City Council of City of Dallas is of opinion that best interest and welfare of City will be served by abandoning, relinquishing and quitclaiming same to GRANTEE for consideration and subject to terms and conditions hereinafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DALLAS: SECTION 1. That City of Dallas hereby abandons and relinquishes all of its right, title and interest in and to tract of land described in Exhibit A, attached hereto and made a part hereof; subject, however, to conditions hereinafter more fully set out. JC/

2 SECTION 2. That for and in monetary consideration of sum of FIVE THOUSAND FOUR HUNDRED AND NOIIO0 ($5,400.00) DOLLARS paid by GRANTEE, and furr consideration described in Section 8 and 9, City of Dallas does by se presents FOREVER QUITCLAIM unto said GRANTEE, subject to conditions, reservations, and exceptions hereinafter made and with restrictions and upon covenants below stated, all its right, title and interest in and to certain tract or parcel of land hereinabove described in Exhibit A TO HAVE AND TO HOLD all of such right, title and interest in and to property and premises, subject aforesaid, toger with all and singular rights, privileges, hereditaments and appurtenances reto in any manner belonging unto said GRANTEE forever. SECTION 3. That upon payment of monetary consideration set forth in Section 2, GRANTEE accepts terms, provisions, and conditions of this ordinance. SECTION 4. That Chief Financial Officer is authorized to deposit sum paid by GRANTEE pursuant to Section 2 above in General Fund 0001, Department DEV, Balance Sheet 0519 and Department of Sustainable Development and Construction - Real Estate Division shall be reimbursed for cost of obtaining legal description, appraisal and or administrative costs incurred. The reimbursement proceeds shall be deposited in General Fund 0001, Department DEV, Unit 1183, Object 5011 and any remaining proceeds shall be transferred to General Capital Reserve Fund 0625, Department BMS, Unit 8888, Revenue Source SECTION 5. That abandonment, relinquishment and quitclaim provided for herein are made subject to all present zoning and deed restrictions, if latter exist, and are subject to all existing easement rights of ors, if any, wher apparent or non-apparent, aerial, surface, underground or orwise. SECTION 6. That terms and conditions contained in this ordinance shall be binding upon GRANTEE, its successors and assigns. SECTION 7. That abandonment, relinquishment and quitclaim provided for herein shall extend only to that interest Governing Body of City of Dallas may legally and lawfully abandon, relinquish and quitclaim. JC

3 SECTION 8. That as a condition of this abandonment and as a part of consideration for quitclaim to GRANTEE herein, GRANTEE, its successors and assigns, agree to indemnify, defend, release and hold harmless City of Dallas as to any and all claims for damages, fines, penalties, costs or expenses to persons or property that may arise out of, or be occasioned by or from: (i) use and occupancy of area described in Exhibit A by GRANTEE, its successors and assigns; (ii) presence, generation, spillage, discharge, release, treatment or disposition of any Hazardous Substance on or affecting area set out in Exhibit A, (iii) all corrective actions concerning any discovered Hazardous Substances on or affecting area described in Exhibit A, which GRANTEE, its successors and assigns agree to undertake and complete in accordance with applicable federal, state and local laws and regulations; and (iv) abandonment, closing, vacation and quitclaim by City of Dallas of area 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 City of Dallas on account of same, and discharge any judgment or judgments that may be rendered against City of Dallas in connection rewith. For purposes hereof, Hazardous Substance means following: (a) any hazardous substances under Comprehensive Environmental Response, Compensation, and Liability Act, 42 U.S.C. Section 9601 et seq., as amended; (b) any hazardous substance under 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 reof or additives reto), including without limitation, fuel and lubricating oils; (d) any hazardous chemicals or toxic chemicals under Occupational Safety and Health Act, 29 U.S.C. Section 651 et seq., as amended; (e) any hazardous waste under Resource Conservation and Recovery Act, 42 U.S.C. Section 6901 et seq., as amended; and (f) any chemical substance under 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 reto, as well as applicable rules and regulations as now or hereafter promulgated reunder. JC/

4 SECTION 9. That for quitclaim as made System (Texas 811) to before any SECTION 10. That copy of this a condition of this herein, GRANTEE shall have excavations are stated. ordinance City abandonment and as contact Texas a part of consideration Excavation facilities marked and located within affected Secretary for recordation in which certified copy shall be delivered to Development and Construction, or consideration set forth in Section 2, plus which GRANTEE shall likewise pay, Development and Construction, or of this ordinance. Construction, or ordinance for is hereby Deed designee. designee fee Safety easements authorized and directed to certify a Records Director of for of Dallas County, Department Upon receipt of Director of The Director of Department of designee, one year SECTION 11. That this passage and publication in after its Dallas, and it is accordingly shall be passage. ordinance accordance so ordained. of Texas, Sustainable monetary publishing of this ordinance, Department of Sustainable shall deliver to GRANTEE a certified copy sole source shall with take Sustainable Development and for receiving certified copies of this effect immediately from and after its provisions of Charter of City of APPROVED AS TO FORM: WARREN M. S. ERNST City DAVID COSSUM Attorney Director of Department of Sustainable Development and Construction BY /1/ BY Passed Assistant City AttorneyçAssistat FEB t(AM- LQL Director JC/

5 _UQ1 _1AO3jO 1O UTILITY EASEMENT ABANDONMENT PART OF A 10 UTILITY EASEMENT TO THE CITY OF DALLAS PART OF LOTS 41-45, BLOCK 1/6360, CIRCLE ESTATES SARAH PERRY SURVEY, ABSTRACTNO CITY OF DALLAS, DALLAS COUNTY, TEXAS Being a 3,391 square feet ( acre) tract of land situated in Sarah Perry Survey, Abstract No in ti of Dallas, Dallas County, Texas, and being part of a 10 foot utility easement, recorded in Volume 2702, Page 393, Map Records, Dallas County, Texas, over and across a portion of Lots 41-45, Block 1/6360 of Circle Estates, an Addition to City of Dallas, Dallas County, Texas, according to plat reof recorded in Volume 9, Page 123, Map Records, Dallas County, Texas, same tract of land conveyed to Sikka Investments, LLC, a Texas Limited Liability Company by Special Warranty Deed recorded in Instrument No , Official Public Records, Dallas County, Texas, and being more particularly described by metes and bounds as follows: Commencing at a 5/8 inch iron rod found for corner at intersection of North line of Elkton Circle (60 right-of-way) and East line of Murdock Road (variable width), said point being Southwest corner of said Lot 45, Block 1/6360 of Circle Estates; Thence North 03 degrees 14 minutes 38 seconds East, basis of bearings, along East line of said Murdock Road, a distance of feet to a point for corner, and Point of Beginning; Thence North 03 degrees 14 minutes 38 seconds East, continuing along East line of said Murdock Road, a distance of feet to a point for corner at common Northwest corner of said Lot 45, Block 1/6360 and Southwest corner of Lot 1, Block 1/6360 of said Circle Estates; Thence departing East line of said Murdock Road and traversing along common South line of Lots 1-7 and North line of Lots 41-45, Block 1/6360 of said Circle Estates as follows: North 76 degrees 05 minutes 14 seconds East, a distance of feet to a point for corner; South 53 degrees 01 minutes 43 seconds East, a distance of feet to a point for corner, said point being in Southwest line of C.F. Hawn Freeway (variable width right-of-way), and being North corner of Lot 40, Block 1/6360 of said Circle Estates; Thence South 36 degrees 34 minutes 50 seconds West along Northwest line of said Lot 40, Block 1/6360, a distance of feet to a point for corner; Thence leaving Northwest line of said Lot 40, Block 1/6360 and traversing through said Lots , Block 1/6360 as follows: North 53 degrees 01 minutes 43 seconds West, a distance of feet to a point for corner; South 76 degrees 05 minutes 14 seconds West, a distance of feet to Point of Beginning and containing 3,391 square feet or of an acre of land. Y. 1Y E. JOHNSON 5299 (For SPRG use only) Reviewed by: :1ilc:;. Date: / SPRG NO.: 3360 R.P. TEXAS HERITAGE SURVEYING, INC. io6io Metric Drive, Suite 124, Dallas, TX Office Fax txheritage.com Firm No Bearings are based upon Texas State Plane Coordinate System, North Central Zone, North American Datum of 1983, 2 (2011). Along East line of said Murdock DATE: 11/11/15 Road and West line of said Circle Page i of 2 Estates. (N E) MC

6 10 UTILITY EASEMENT ABANDONMENT PART OF A 10 UTILITY EASEMENT TO THE CITY OF DALLAS PART OF LOTS 41-45, BLOCK 1/6360, CIRCLE ESTATES SARAH PERRYSUR VEY, ABSTRACT NO CITY OF DALLAS, DALLAS COUNTY, TEXAS IouJDv I N E 0 0q (_) oc I..0.0 Lii C_-io 0 > LEGEND: POC POB PFC CM IRE SQ.FT R.OW. D.R.D.C.T M.R.D.C.T. 0. P. R. D.C.T. N W ELKTON CIRCLE 60 R.0.W. (FORMERLY (ORDINANCE NO. 5010) SLAM CIRCLE) (60 ROW.) (VOL 9, PG. 123) (M.RSJ.C.T.) POINT OF COMMENCING POINT OF BEGINNING POINT FOR CORNER CONTROL MONUMENT IRON ROD FOUND SQUARE FEET RIGHT-OF-WAY DEED RECORDS, DALLAS COUNTY, TEXAS MAP RECORDS, DALLAS COUNTY, TEXAS OFFICIAL PUBLIC RECORDS, DALLAS COUNTY, TEXAS (For SPRG use only) Reviewed by: Date: / SPRG NO.: I TEXAS HERITAGE SURVEYING, INC Metric Drive, Suite 124, Dallas, TX Office Fax txheritage.com Firm No Bearings are based upon Texas State Plane Coordinate System, North Central Zone, North American Datum of 1983, (2011). Along East line of said Murdock Road and West line of said Circle Estates. (N E) JOB# DATE: 11/11/15 Page 2 of 2 Scale: 1-60 MC

7 I DV U V 1D i )Ii IJILIIII 11 ( J 1B(DjJ ljjr The kid dvertemeirt rquifred for inioted ordinae w pithlihed h io ajii Morllhui iew, of1thil pper of th clity, reqdred by 1Iav, ft1rrd Dill City Charter, Chpter :vm, Setfio1n1 7. D ADOV1ERJi 11W CIITY COUNCkL FB 24 2D1$ irnanc IUMDE DA 11E?UII11JSHED FF i ATTES E1D 11 OFFICE OF CITY SECRETARY p: PROOF OF PUBLICATIONdocx