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Home My WebLink AboutOrdinances (O-25-2323)-04/15/2025ORDINANCE 0-25-2323 AN ORDINANCE OF THE CITY OF COLLEYVILLE, TEXAS, APPROVING AN ABANDONMENT OF RIGHT-OF-WAY AND QUITCLAIM DEED FOR A 0.1003 ACRE PORTION OF THE OLD CHURCH ROAD RIGHT-OF- WAY; AUTHORIZING THE CITY MANAGER TO EXECUTE AND RECORD THE SAME; AND AUTHORIZING AN EFFECTIVE DATE WHEREAS, the City currently maintains a remainder portion of an unused public street right-of-way, being the remaining Northerly twenty-five feet (25') of the old Church Street right-of-way, as more particularly described and depicted in Exhibits "A" and "B" to the Abandonment of Right -of -Way and Quitclaim Deed attached to this ordinance (the "ROW"); and WHEREAS, the City received a request from the fee simple owner of the underlying land, 2727 PN SPE, LLC, to acquire the ROW to facilitate the development of the abutting property; and WHEREAS, 2727 PN SPE, LLC offered to compensate the City in the amount of $5,000.00 in consideration for the City's abandonment of the ROW; and WHEREAS, Section 272.001(b) of the Texas Local Government Code authorizes the sale of a municipality's interest in real property when the municipality's interest in the real property is by easement and the conveyance is to the fee simple owner of the underlying land; and WHEREAS, the City Council has determined that abandonment of the ROW will facilitate development of the underlying land, is consistent with the City's adopted streets and transportation plans, and will promote the orderly and beneficial development of the City. NOW THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF COLLEYVILLE, TEXAS: Sec. 1 THAT the City Council does hereby authorize the abandonment of the remaining Northerly twenty-five feet (25') of the old Church Street right-of-way, as more particularly described and depicted in Exhibits "A" and "B" to the Abandonment of Right - of -Way and Quitclaim Deed, a copy of which is attached hereto Ordinance 0-25-2323 Page 2 of 2 and incorporated for all purposes herein as Exhibit "A" to this ordinance. Sec. 2 The City Manager, or his designee, is hereby authorized to execute and record the Abandonment of Right -of -Way and Quitclaim Deed attached as Exhibit "A," along with any other such documents reasonably necessary to facilitate the purpose of this ordinance. Sec. 3 THAT this ordinance shall take effect immediately from and after its passage. AND IT IS SO ORDERED. The first reading and public hearing being conducted on the 1st day of April 2025. The second reading and public hearing being conducted on the 15th day of April 2025. APPROVED BY A VOTE OF 7 AYES, 0 NAYS, ON THIS THE 15th DAY OF APRIL 2025. Mayor Bobby Lindamood Aye Mark Alphonso, Place 2 Aye Mayor Pro Tern Brandi Elder Aye Ben Graves, Place 4 Aye Deputy Mayor Pro Tern Scotty Richardson Aye Tim Raine, Place 6 Aye Kimberly Holt Gunderson, Place 5 Aye ATTEST: OF COLL YVILLE fTCi'i �J. er`L Christine Loven, TRMC Bobby Li City Secretary Mayor APPROVED AS TO FORM: n;e,L- i L Nicole Corr City Attorney NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM ANY INSTRUMENT THAT TRANSFERS AN INTEREST IN REAL PROPERTY BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER. ABANDONMENT OF RIGHT-OF-WAY AND QUITCLAIM DEED STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF TARRANT The City of Colleyville, Texas (hereinafter, the "City" or "Grantor"), in consideration of the sum of FIVE THOUSAHD DOLLARS ($5,000.00) and other good and valuable consideration (the receipt whereof is hereby acknowledged), on behalf of the public, hereby releases, vacates, abandons, and quitclaims all of City's right, title and interest in and to that certain public right -of way being generally described as the remainder of Old Church Street situated upon Lot 1, Block I of the N3 Development Addition, in the City of Colleyville, Texas, and more particularly described in Exhibits "A" and `B," attached hereto and incorporated herein (hereinafter, the "Property"), to and for the benefit of 2727 PN SPE, LLC (hereinafter, "Grantee"), and its successors and assigns. DISCLAIMER CONCERNING WARRANTIES GRANTEE ACKNOWLEDGES AND AGREES BY ACCEPTING THIS DEED THAT GRANTOR MAKES NO REPRESENTATIONS OR WARRANTIES OF ANY KIND OR TYPE RELATING TO THE PROPERTY, INCLUDING, WITHOUT LIMITATION, (I) THE PHYSICAL CONDITION OF THE PROPERTY, (II) THE GEOLOGICAL AND SOIL CONDITION OF THE PROPERTY, (III) WHETHER THE PROPERTY COMPLIES WITH ALL CITY OR COUNTY REGULATIONS, AND (V) ALL ENVIRONMENTAL CONDITIONS (INCLUDING BUT NOT LIMITED TO THE PRESENCE OF ASBESTOS AND/OR OTHER HAZARDOUS MATERIALS) RELATING TO THE PROPERTY; AND GRANTOR HEREBY DISCLAIMS ANY SUCH WARRANTY. GRANTEE FURTHER ACKNOWLEDGES AND AGREES THAT THE CONVEYANCE OF THE PROPERTY AS PROVIDED FOR HEREIN IS MADE ON AN "AS IS" CONDITION AND BASIS WITH ALL FAULTS. [REMAINDER OF PAGE INTENTIONALLY LEFT BLANK - SIGNATURE PAGE FOLLOWS] Abandonment of Right -of -Way and Quitclaim Deed FOR GRANTOR: CITY OF COLLEYVILLE, TEXAS a Texas home -rule municipal corporation. Approvedby �5 a3a3 0'AP1R 1�52025 By: Coticyvute City Couricil Dat( GRANTOR'S ACKNOWLEDGEMENT STATE OF TEXAS § COUNTY OF TARRANT § BEFORE ME, a Notary Public, on this day personally appeared Jerry Ducay, known to me to be the person whose name is subscribed to the foregoing instrument, and having been sworn, upon his oath stated that he is the City Manager for the City of Colleyville, a Texas home -Wile municipal corporation; that on April 15, 2025, during a City of Colleyville Council Meeting, he was authorized by the City Council to execute such instrument and that said instrument is executed on behalf of and as the free and voluntary act and deed of such municipal corporation for the purposes and consideration expressed therein. GIVEN UNDER MY HAND AND SEAL OF OFFICE on April 15, 2025. Notary Public, State of Texas Return to Grantee's Address: 2727 PN SPE, LLC 9454 Wilshire Boulevard, Suite 220 Beverly Hills, California 90212 CHRISTINE LOVEN My Notary ID M 11002587 Explr a May 2, 2026 Abandonment of Right -of -Way and Quitclaim Deed EXHIBIT "A" DESCRIPTION OF TO BE ABANDONED RIGHT—OF—WAY BEING 0.1003 ACRES OF LAND LOCATED IN THE NANCY B. LOONEY SURVEY ABSTRACT NO. 937, BEING ALL OF THE REMAINDER OF OLD CHURCH STREET BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT A TXDOT MONUMENT DISC IN CONCRETE FOUND FOR THE NORTHEAST CORNER OF THE REMAINDER OF LOT 1, BLOCK 1, OF THE N3 DEVELOPMENT ADDITION, AN ADDITION TO THE CITY OF COLLEYVILLE, TEXAS, AS RECORDED ON THE PLAT THEREOF IN CABINET A, SLIDE 12775, PLAT RECORDS, TARRANT COUNTY, TEXAS, BEING ON THE NORTHWESTERLY RIGHT—OF—WAY LINE OF COLLEYVILLE BOULEVARD AND, BEING ALSO THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE ALONG THE COMMON LINES OF THE AFOREMENTIONED LOT 1 OF THE N3 DEVELOPMENT ADDITION AND THE HEREIN DESCRIBED TRACT FOR THE FOLLOWING COURSES AND DISTANCES: S 89°01'42"W FOR A DISTANCE OF 170.06 FEET TO A 5/8" FOUND IRON ROD WITH CAP STAMPED "WELLS" N 29°21'38"E FOR A DISTANCE OF 27.85 FEET TO A POINT FOR CORNER FROM WHICH A 5/8" FOUND IRON ROD WITH CAP STAMPED "WELLS" BEARS N89°21'23"E AT A DISTANCE OF 1.0 FEET, SAID POINT FOR CORNER BEING THE SOUTHEAST CORNER OF LOT 12, THE NORTHWESTERLY CORNER OF THE HEREIN DESCRIBED TRACT, AND THE SOUTHWEST CORNER OF LOT 1, BLOCK 1, OF THE TOWNE SQUARE ADDITION, AN ADDITION TO THE CITY OF COLLEYVILE, AS RECORDED IN VOLUME 164, PAGE 93, PLAT RECORDS, TARRANT COUNTY, TEXAS; THENCE N89`14'46"E ALONG THE COMMON LINE OF LOT 1 OF THE TOWN SQUARE ADDITION AND THE HEREIN DESCRIBED TRACT FOR A DISTANCE OF 183.53 FEET TO A 5/8 INCH IRON ROD WITH CAP STAMPED "BGT" SET FOR THE NORTHEAST CORNER OF THE HEREIN DESCRIBE TRACT, BEING THE NORTHEASTERLY CORNER OF THE AFOREMENTIONED OLD CHURCH STREET, AND ON THE WESTERLY RIGHT—OF—WAY LINE OF COLLEYVILLE BOULEVARD; THENCE S29'23'04"W ALONG THE COMMON LINE OF THE HEREIN DESCRIBED TRACT AND THE WESTERLY RIGHT— OF —WAY LINE OF COLLEYVILLE BOULEVARD FOR A DISTANCE OF 27.10 FEET TO THE POINT OF BEGINNING AND CONTAINING 0.1003 (4,367.8 SQUARE FEET) OF LAND MORE OR LESS; PRELIMINARY THIS SURVEY IS FOR REVIEW PURPOSES ONLY, NOT TO BE RECORDED FOR ANY PURPOSE. David M. Henderson Registered Professional Land Surveyor No. 4489 In the State of Texas Prepared By: Benchmark Group of Texas, Inc. 131000 899 Presidential Drive, Suite 110, Richardson, Texas 75081 LAND SURVEYORS Phone (972) 680-3037 Fax (972) 680-3052 License No. 10120700 Drawn By: BD Checked By: MC Scale: V = 80' Date: 07/31/24 BGT Project NO.: 2430040—ROW 0' 80, 160' SCALE 1" = 80' SHEET 1 OF 2 EXHIBIT "B" MAP OF AREA 9 � k �\ 7 � serlaxw edo✓6 N ` N i y Muu-cwErowx savJs / �.' axr, a. oxrLr. w � wr t aacx i `\ g `� row+c sautt.m�w �� V�Y VCIA FfY•'91 0 aS. "T'T2O1O2 AiLr. voi OMSa IttM FSrP.IEs �� GBPASILE J6 / Prc w/ wwxx ro td, "3 AC S IE me s�a' T. / tO,pO3 ACRES / Ox 2125E L0' N 89°21'23"E 150.01' _ N 89°74'46"E 183.53' me NORTH Y 25' OlD C Wr- STREET 1 (FORMERLY 50' PIeLIC RIGHT-0E—WAY) °r v \ rRc J/a• wwr �--(x mu,e'r ura, / \ L7 S 89°Ot'42"W 170.06' .� . LINE TABLE LINE BEARING DISTANCE L1 S 89°1735"W 13.83' / 5520 COU-EY&U LLC y O 3 MT. No. G222281458 / QQ-4r L2 N 29°21'38"E 27.85' pA 1b a/e-- / *�nscaes / J�� L3 S 29°23'10"W 27.12' iii u /, om AI�@ o G'P \ N (CqB 4,�p(,4 S ;h" M 'fir 4' \ n m' 45z'`'F P> -PS' `\rH Y Prepared By: Benchmark Group of Texas, Inc. 899 Presidential Drive, Suite 110, Richardson, Texas 75081 LAND SURVEYORS Phone (972) 680-3037 Fax (972) 680-3052 License No. 10120700 ADJOINING LINE TABLE LINE BEARING DISTANCE AL1 N 60°58'06"W 32.02' AL2 S 29°10'37"W 35.55' AL3 N 60°50'22"W 101.18' AL4 S 29°20'53"W 18.81' AILS N 60°55'35"W 22.39' AL6 N 06°00'37"E 6.38' AL7 N 43°29'27"E 22.70' AL8 N 02°13'37"E 2.00' 2, � bHALL-JgW5ON R0 .. p14x1 VICINTY MAP NOT TO RrAl F Drawn By: BD Checked By: MC Scale: 1" = 80' Date: 07/31/24 BGT Project N0: 2430040—ROW 0' 80' 160, SCALE 1" = 80' SHEET 2 01 2