ORDINANCE NO. An ordinance providing for the abandonment and relinquishment of portions of three

Transcription

1 Dallas, Texas; providing for the quitclaim thereof to ATA Apartments Limited An ordinance providing for the abandonment and relinquishment of portions of three ORDINANCE NO storm sewer easements located in City Block E3414 in the City of Dallas and County of made a part hereof; subject, however, to the conditions hereinafter more fully set out. title and interest in and to the tracts of land described in Exhibit A, attached hereto and SECTION 1. That the C ty of Daas hereby aba dons and e!nqushes a of s right, BE IT ORDAINED BY THE CITY COUNCIL OF THE : ooooooo hereinafter described tracts of land to GRANTEE, and is of the opinion that, subject to the terms and conditions herein provided, said easements are no longer needed for partnership, hereinafter referred to as GRANTEE, deems it advisable to abandon, and welfare of the City will be served by abandoning, relinquishing and quitclaiming the hereinafter more fully set forth: Now, Therefore, same to GRANTEE for the consideration and subject to the terms and conditions request and petition of ATA Apartments Limited Partnership, a Texas limited WHEREAS, the City Council of the City of Dallas, acting pursuant to law and upon the relinquish and quitclaim the City of Dallas right, title and interest in and to the municipal use, and same should be abandoned, relinquished and quitclaimed to WHEREAS, the City Council of the City of Dallas is of the opinion that the best interest GRANTEE as hereinafter provided, for the consideration hereinafter stated, and providing an effective date for this ordinance. to be paid to the City of Dallas; providing for the payment of the publication fee; and against damages arising out of the abandonment herein; providing for the consideration and quitclaim made herein; providing for the indemnification of the City of Dallas Partnership: providing for the terms and conditions of the abandonment, relinquishment

2 further consideration described in Section 8, the City of Dallas does by these presents FOREVER QUITCLAIM unto the said GRANTEE, subject to the conditions, FOUR HUNDRED AND NOI100 ($5,4OOOO) DOLLARS paid by GRANTEE, and the SECTION 2. That for and in monetary consideration of the sum of FIVE THOUSAND remaining proceeds shall be transferred to the General Capital Reserve Fund 0625, be deposited in General Fund 0001, Department DEV. Unit 1183, Object 5011 and any and lawfully abandon, relinquish and quitclaim. SECTION 3. That upon payment of the monetary consideration set forth in Section 2, GRANTEE accepts the terms, provisions, and conditions of this ordinance. SECTION 4. That the City Controller is authorized to deposit the sum paid by GRANTEE pursuant to Section 2 above in the General Fund 0001, Department DEV, Real Estate Division shall be reimbursed for the cost of obtaining the legal description, SECTION 5. That the abandonment, relinquishment and quitclaim provided for herein SECTION 6. That the terms and cor,ditions contained in this ordinance shalt be binding SECTION 7. That the abandonment, relinquishment and quitclaim provided for herein shall extend only to that interest the Governing Body of the City of Dallas may legally upon GRANTEE, its successors and assigns. nonapparent, aerial, surface, underground or otherwise. such right, title and interest in and to the property and premises, subject aforesaid, Balance Sheet 0519 and Department of Sustainable Development and Construction covenants below stated, all its right, title and interest in and to those certain tracts or reservations, and exceptions hereinafter made and with the restrictions and upon the parcels of land hereinabove described in Exhibit A. TO HAVE AND TO HOLD all of together with all and singular the rights, privileges, hereditaments and appurtenances are made subject to all present zoning and deed restrictions, if the latter exist, and are thereto in any manner belonging unto the said GRANTEE forever. appraisal and other administrative costs incurred. The reimbursement proceeds shall Department BMS, Unit 8888, Revenue Source subject to all existing easement rights of others, if any, whether apparent or 9O77 C 1

3 against any and all claims for damages, fines, penalties, costs or expenses to persons indemnify, defend, release and hold whole and harmless the City of Dallas of, from and for the quitclaim to GRANTEE herein. GRANTEE, its successors and assigns, agree to Section 26,261 et seq., as amended, (c) petroleum or petroleum-based products (or promulgated thereunder, 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 affecting the areas described in Exhibit A, which GRANTEE, its successors and assigns may be rendered against the City of Dallas in connection therewith. For purposes 42 USC. Section 9601 et seq.. as amended; (b) any hazardous substance under the hereby agree to defend any and all suits, claims, or causes of action brought against the City of Dallas on account of same, and discharge any judgment or judgments that City of Dallas of the areas set out in Exhibit A. GRANTEE, its successors and assigns laws and regulations; and (iv) the abandonment, closing, vacation and quitclaim by the agree to undertake and complete in accordance with applicable federal, state and local (iii) all corrective actions concerning any discovered Hazardous Substances on or disposition of any Hazardous Substance on or affecting the areas set out in Exhibit A, hereof, Hazardous Substance means the following: (a) any hazardous substances occupancy of the property described in Exhibit A by GRANTEE, its successors and assigns; (ii) the presence, generation, spillage, discharge, release, treatment or under the Comprehensive Environmental Response, Compensation, and Liability Act, unde t 0 cupational Safety and Health Act 29 U S.C Section 651 et as under the Toxk Substance Coritol Aut. 15 U.S.C. Section 2601 as amended limitation fuel and lubricating oils; (d) any hazardous chemicals or toxic chemicals any derivative or hazardous constituents thereof or additives thereto). including without Texas Hazardous Substances Spill Prevention and Control Act, TEX. WATER CODE, amended, (e any nazardous waste under the Resource Conservation and Recovery or property that may arise out of, or be occasioned by or from: (i) the use and Act 42 U S.C Section 6901 çg as amended; and (f) any chemical substance SECTION 8. That as a condition of this abandonment and as part of the consideration 2 O

4 SECTION That the City Secretary is hereby authorized and directed to certify a copy of this ordinance for recordation in the Deed Records of Dallas County, Texas, 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 Section 2, which GRANTEE shall likewise pay, the Director of Department of Sustainable Development and Construction or designee shall deliver to GRANTEE a certified copy of this ordinance. 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 SECTION 10. 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. DAVID COSSUM City Attorney Interim Director of Sustainable Development and Construction BY Assistant City Attorney Assistart Director Passed

5 S )J LEGAL DESCRIPTION 412 SQUARE FEET A BEING a 412 square foot (0.009 acres) tract of and situated in the Elizabeth Robertson Survey, Abstract No City of Dallas Block 3414, Dallas County, Texas and being part of Lot 1, Block E3414 of M.M. Plowman s Subdivision Tract C, an addition to the City of Dallas, Texas, according to the Revised Plat thereof recorded in Volume 4, Page 55, Map Records of Dallas County, Texas; same being part of a tract of land described in Special Warranty Deed to ATA Apartments Limited Partnership recorded in Instrument No , Official Public Records of Dallas County, Texas and part of a Storm Sewer Easement to the City of Dallas created in Volume 4575, Page 456, Deed Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a fence post found for the southernmost corner of a curving right-of-way corner clip at the intersection of the south right-of-way line of Dealey Avenue (a 50-foot wide right-of-way) and the northeast right-of-way line of Greenbriar Lane (a 78-foot wide right-of-way); THENCE with said northeast right-of-way line, South East. a distance of feet to the south corner of said Lot 1 and the west corner of Lot 11, Block E3414 of said M.M. Plowman s Subdivision Tract C; THENCE departing said northeast right-of-way line, with the southeast line of said Lot 1 and the northwest line of said Lot 11, North West, a distance of feet to the POINT OF BEGINNING; said point being the beginning of a non-tangent curve to the right having a central angle of , a radius of feet, a chord bearing and distance of North East, feet; THENCE departing the said southeast line of Lot I and the said northwest line of said Lot 11, the following courses and distances: In a northeasterly direction, with said curve to the right, an arc distance of feet to a point at the end of said curve; North East, a distance of feet to a point at the beginning of a tangent curve to the left having a central angle of l 2, a radius of feet, a chord bearing and distance of North I East, feet; In a northeasterly direction, with said curve to the left, an arc distance of feet to a point at the end of said curve; North West, a distance of feet to a point at the beginning of a non-tangent curve to the right having a central angle of , a radius of feet, a chord bearing and distance of North East, feet; In a northeasterly direction, with said curve to the right, an arc distance of 18,10 feet to a point in the east line of said Lot I and the west line of Lot 2, Block E3414, of said M.M. Plowman s Subdivision Tract C at the end of said curve; from said point the northeast corner of said Lot 1 bears North 0 49 Og West, a distance of feet; THENCE with the said east line of Lot 1 and the said west line of Lot 2, South East, a distance of feet to a point for the southwest corner of said Lot 2 and the westernmost northwest corner of said Lot ii; THENCE continuing with the said east line of Lot I and with the said northwest line of Lot 11, South West, a distance of 92,91 feet to the POINT OF BEGINNING and containing 412 square feet or 0,009 acres of land, Bearings are expressed as gnd beanngs (Texas Coordinate System of 1983, Zone 4202, NAD 83 Datum), as determined by GPS observation resulting in a bearing of North East for the south right-of-way line of Dealey Avenue. For SPRG use oni ) Fe pved 3v STORV SEWER SPRG NO 2609 ASEMENT ABANDONMENT LOT 1, BLOCK E13414 M.M PLOWMAN S SUBDIVISION DANA BROWN *4* \* DALLAS COUNTY, TEXAS REGISTERED PROFESSIONAL AND SURVEYOR NO 5336 DANA BRhWN KimIeyHorn

6 i... Date: LEGEND S W.B = SOUTHWESTERN BELL relep9one COMPANY D P &L = DALLAS POWER & LIGHT COMPANY IRFC = IRON ROD WCAP FOUND COUNTY, TEXAS O.P.R.D.C.T. OFFICIAL PUBLIC RECORDS, DALLAS M.R.D.C.T. = MAP RECORDS, DALLAS COUNTY. TEXAS P.O.B, POINT OF BEGINNING R.O.W. = RIGHT-OF-WAY = DEED RECORDS OF DALLAS COUNTY, TEXAS right-of-way line of Dealey Avenue. XF X CUT IN CONCRETE FOUND C.M. = CONTROLLING MONUMENT North East for the south A = CENTRAL ANGLE 4202, NAD 83 Datum), as determined by Bearings are expressed as grid bearings (Texas Coordinate System of 1983, Zone GPS observation resulting in a bearing of C=44.82 L=45.76 R=65.00 t\ N W CB=N E D,R.D.C.T. VOL. 4562, PG. 400 LOT Associates, c3 LAND SURVEYOR NO ) LOT 1, BLOCK E3414 DALLAS COUNTY, TEXAS M.M PLOWMANS SUBDIV!SON - ii VOL 1675, PG. 173 FENCE POST - NOTES N D.RDCT. VOL , PG D.P.&L. AND S.W.B. ESMT. ci R=72.00 INST. NO LOT 1 S E LIMITED PARTNERSHIP P.o.c. M.R.D.C.T. VOL. 4, PG. 55 CB=N E SUBDIVISION F IRFC FOUND (CM.) L=18.10 M.M. PLOWMAN S R=72.00 C=18.06 BLOCK E13414 A I LOT2 ATA APARTMENTS I INST. NO VOL. 4, PG. 55, M.R.D.C.T (50 ROW.) j N W DEALEY AVE N1T ATRACT j 12Th0 MERIT DRIVE. SUITE 1E.- REGISTERED PROFESSIONAL ; A -, - -V Fl KrnIeyHorn DANA BROWN I * SRG NO, STORM SEWER EASEMENT ABANDONMENT SANITARY SEWER ESMT. (NO WIDTH SPECIFIED) APPROXIMATE LOCATION P.O.C. = POINT OF COMMENCING VOL. 4562, PG R 0 C T D.P.&L. AND S.W.B. ESMT. VOL , PG. 662 PART2.q1_ < LOT1O N E S W oj S 1- % N CB=N E D P &L. AND S.W.B. ESMT. N C=20.20 y \ VOL. 215, PG A= SQ. FT ACRES N E L=20.27 LOT 11 O.P.R.D.C.T. - GRAPHIC SCALE IN FEET fr nr -,w,.e.. VP flfl.1 7 VOL. 4575, PG 456 ATA APARTMENTS LIMITED PARTNERSHIP, O.P.R.D.C.T.

7 LEGAL DESCRIPTION 1T ATRACT a 675 SQUARE FEET ) fl 7 BEING a 675 square foot (0.015 acre) tract of land situd t l Ezabeth Robertson Survey, Abstract No. 1211, City of Dallas Block 3414, Dallas County, Texas and being part of Lot 11, Block E13414 of M.M. Plowman s Subdivision Tract C, an addition to the City of Dallas, Texas, according to the Revised Plat thereof recorded in Volume 4, Page 55, Map Records of Dallas County, Texas; same being part of a tract of land described in Special Warranty Deed to ATA Apartments Limited Partnership recorded in Instrument No , Official Public Records of Dallas County, Texas and part of a Storm Sewer Easement to the City of Dallas created in Volume 4562, Page 400, Deed Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a fence post found for the southernmost corner of a curving right-of-way corner clip at the intersection of the south right-of-way line of Dealey Avenue (a 50-foot wide right-of-way) and the northeast right-of-way line of Greenbriar Lane (a 78-foot wide right-of-way): THENCE with said northeast right-of-way line, South East. a distance of feet to the POINT OF BEGINNING; THENCE departing the said northeast right-of-way line, the following courses and distances: North 3 51 Og West, a distance of 6.66 feet to a point at the beginning of a non-tangent curve to the right having a central angle of , a radius of feet, a chord bearing and distance of North West, feet; In a northwesterly direction, with said curve to the right, an arc distance of feet to a point for corner in the northwest line of said Lot 11 and the southeast line of Lot 1, Block E!3414 of said M.M. Plowman s Subdivision Tract C at the end of said curve; THENCE with the northwest line of said Lot 11 and the said southeast line of Lot 1, North East, a distance of feet to the northernmost northwest corner of said Lot 11 and the easternmost southeast corner of said Lot 1; THENCE the following courses and distances: South West, a distance of feet to a point for corner; South West, a distance of feet to a point at the beginning of a non-tangent curve to the left having a central angle of , a radius of feet, a chord bearing and distance of South West, feet; In a southwesterly direction, with said curve to the left, an arc distance of feet to a point at the end of said curve; South East, a distance of feet to a point for corner in the said northeast right-of-way line of Greenbrier Lane; from said point an X cut in concrete found bears South East, a distance of feet; THENCE with said northeast right-of-way iine, North West, a distance of feet to the POINT OF BEGINNING and containing 675 square feet or acres of land. Bearings are expressed as grid bearings (Texas Coordinate System of 1983, Zone 4202, NAD 83 Datum), as determmed by GPS observation resulting in a bearing of North East for the south right-of-way line of Dealey Avenue. 1 orspr sc. ny Reviewed Daf SPRG NO DANA BROWN REGISTERED PROFESSIONAL DANA P OW\ P RT!AL STORM SEWER EASEMENT ABANDONMENT LOT 11, BLOCK E3414 M.M. PLOWMAN DALLAS COUNTY, TEXAS TS SUBDIVSON LAND SURVEYOR NOV 5336 I Kimeyhorn Sl E DC. and Assocates Iro 1. - V S

8 Date: LI.. EY. 127 I D.P.&L. DALLAS POWER & LIGHT COMPANY right-ofway line of Dealey Avenue. O.P.R.D.C.T OFFICIAL PUBLIC RECORDS, DALLAS R.O.W. = RIGHTOF-WAy M.R.D.C T. MAP RECORDS, DALLAS COUNTY, TEXAS XF = X CUT IN CONCRETE FOUND C.M. CONTROLLING MONUMENT P O.C, = POINT OF COMMENCING P.O.B. POINT OF BEGINNING LEGEND N RO.B D.P.&L AND S.W.B. ESMT. North T East for the south (Texas Coordinate System of 1983, Zone GPS observation resulting in a bearing of Bearings are expressed as grid bearings DR.D.C.T. S VOL. 4562, PG. 400 P.&L. AND S.W.8, ESMT VOL , PG. 662 LOT 10 -E D0 VR[ )RIVr, SUrE flcg DANA BROWN DL 78004, PG R.D,C.T. VOL. 4, PG. 55, M.R.D.C.T. 58 IRFC DEALEY AVENUE WiIATrZ (50 ROW.) Qfl 7 7,, j U I I LOT 11, BLOCK E!3414 N M.M. PLOWMANS SUBDIVISION PAR IAL S ORM SEWER FENCE POST D.P.&L. AND S.W.B. ESMT. VOL , PG. 662 (NO WIDTH SPECIFIED) SANITARY SEWER ESMT. PART 1 APPROXIMATE LOCATION GRAPHIC SCALE IN FEET C=59.12 Lr60.92 R=68.00 J P.o.c. M.R,D.C.T. 675 SQ. FT ACRES D,R.D.C.T VOL. 4575, PG. 456 LOT 1 O.P.R.D.C.T. VOL. 4, PG. 55 INST. NO LOT 2 LIMITED PARTNERSHIP SUBDIVISION FOUND (CM.) I ATA APARTMENTS M.M. PLOWMAN S 3 LOT BLOCK E13414 I I , F yrn and Associates, iflc, 533 LAND SURVEYOR NO 5336 O:2608 REGISTERED PROFESSIONAL DALLAS COUNTY, TEXAS EASEMENT ABANDONMENT e!ewed F0 SPRC se 0 S.W.B SOUTHWESTERN BELL TELEPHONE COMPANY D.R.D,C.T. = DEED RECORDS OF DALLAS COUNTY, TEXAS IRFC = IRON ROD WCAP FOUND COUNTY, TEXAS 4202, NAD 83 Datum), as determined by VOL. 1675, PG. 173 = CENTRAL ANGLE NOTES S E - ii 00 N E S 3 60 PART2 \ C=70.02 CB=N W O.P.R.D.C.T. \ IIJST. NO R=72.00 L=73.55 LjMITED PARTNERSHIP = cw ATAAPARTMENTS.- VOL , PG ,, < N.CB=S W D.P.&L. AND S.W.B. ESMT. VOL. 4562, PG. 400 N S W

9 LEGAL DESCRIPTION 7 U I I 310 SQUARE FEET EXHIBIT ATCT 3 BEING a 310 square foot tract of land situated in the Elizabeth Robertson Survey, Abstract No. 1211, City of Dallas Block 3414, Dallas County, Texas and being part of Lot 2, Block E13414 of the Revised Plat of M.M. Plowman s Subdivision Tract C, an addition to the City of Dallas, Texas, according to the Revised Plat thereof recorded in Volume 4, Page 55, Map Records of Dallas County, Texas; same being part of a tract of land described in Special Warranty Deed to ATA Apartments Limited Partnership recorded in Instrument No , Official Public Records of Dallas County, Texas and part of a Storm Sewer Easement to the City of Dallas as created in Volume 4562, Page 400, Deed Records of Dallas County, Texas, and being more particularly described as follows: COMMENCING at a 58 iron rod with KHA cap found for the north corner of a curving right-of-way corner clip at the intersection of the south right-of-way line of Dealey Avenue (a 50-foot wide right-of-way) with the northeast right-of-way line of Greenbrier Lane (a 78-foot wide right-of-way); same being the northernmost northwest corner of Lot 1, Block E3414 of said MM. Plowman s Subdivision Tract C; THENCE with said south right-of-way line and the said north line of Lot 1, North East, a distance of feet to the POINT OF BEGINNING; said point being the northeast corner of said Lot I and the northwest corner of said Lot 2; THENCE continuing with said south right-of-way line and with the north line of said Lot 2, North East, a distance of feet to a point at the beginning of a non-tangent curve to the left having a central angle of , a radius of feet, a chord bearing and distance of South I West, feet; THENCE departing said south right-of-way line and the said north line of Lot 2, the following courses and distances: In a southwesterly direction, with said curve to the left, an arc distance of 3678 feet to a point at the end of said curve; South East, a distance of 5000 feet to a point for corner; South West, a distance of feet to a point for the southwest corner of said Lot 2 and the eastemmost southeast corner of said Lot 1; THENCE with the west line of said Lot 2 and the east line of said Lot 1, North West, a distance of feet to the POINT OF BEGINNING and containing 310 square feet or acres of land. Bearings are expressed as grid bearings (Texas Coordinate System of 1983, Zone 4202, NAD 83 Datum), as determined by GPS observation resulting in a bearing of North East for the south right-of-way line of Dealey Avenue. Revie%ed B Date. SPRG NO 2399 DANA BROWN... REGISTERED PROFESSIONAL DANA BROWN LAND SURVEYOR NO CMER!TDRv SL ooo, L P I DARTAL STORM SEWER ASEMENT ABANDONMENT LOT 2, BLOCK L3414 REVISED PLAT OF M M. PLQVVMAN S SUBD!V!S!ON DALLAS COUNTY, TEXAS WI Kimiey=Horn zj and Associates, nc

10 9Gwcked1I 9r DANA BROWN Reviewed By: [SPRG NO: 2599 Date: LOT 2, BLOCK E3414 RE JISED PLAT OF IRFC IRON ROD WCAP FOUND D.P,&L. = DALLAS POWER & LIGHT COMPANY Coordinate System of 1983, Zone 4202, NAD 83 Datum), Dealey Avenue. as determined by GPS observation resulting in a bearing LEGEND COUNTY, TEXAS Bearings are expressed as grid bearings (Texas O.P.R.D.C,T, OFFICIAL PUBLIC RECORDS, DALLAS NOTES C,M, = CONTROLLING MONUMENT XF X CUT IN CONCRETE FOUND S P.O.B. = POINT OF BEGINNING CENTRAL ANGLE \ \ \ VOL. 4575, PG. 456 IBTc!, S.W.B. ESMT. FOUND (CM.) FENCE POST P.D.c. REVISED PLAT OF M.M. PLOWMAN S SUBDIVISION BLOCK E3414 N E P.O.B. 58 IRFC D.R.O.C.T (50 ROW.) VOL. 4562, PG. 400 DEALEY AVENUE VOL.4, PG. 55, M.R.D.C.T. \ LOT 11 INST. NO, INST. NO ATA APARTMENTS ATA APARTMENTS w LOT 1 M.R.D.C.T L= ACRES LOT E 7.5 2x N. 9?2)239382Q KimIevHorn and Associates, Inc. DEED RECORDS OF DALLAS COUNTY, TEXAS R.O.W. = RIGHT-OF-WAY M.R.D.C.T. MAP RECORDS, DALLAS COUNTY, TEXAS S.W.B. SOUTHWESTERN BELL TELEPHONE COMPANY P.O.C. = POINT OF COMMENCING 7 \ VOL PG. 662 y PART 1 VOL , PG D.P.&L. AND D.P.&L. AND A S.W.B. ESMT. \ \ VOL. 4, PG. 55 CB=S W C=36.33 N W 310 SQ. FT. R=68.00 (CM.) 12W IRF, M.M. PLOWMANS SUBDVSION 1 1. rn.d, 2 2 PH, 97277O.13OO 25 ER T ZR JR CC LAND SURVEYOR NO, 5336 REGISTE RE.. D PROFESSIONAL DALlAS EXAS 19.1 DALLAS COUNTY, TEXAS EASEMENT ABANDONMENT (For SFRG use oniy PARTIAL STORM SEWER of North East for the south rightof-way line of GRAPHIC SCALE IN FEET O,P.R.D.C.T, O.P.R.D.C.T LIMITED PARTNERSHIP LIMITED PARTNERSHIP.. S E LOT 4