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Home My WebLink About1998-045ORDINANCE NO 0 '" D7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING PRESCRIPTIVE STREET RIGHT-OF-WAY EASEMENTS TO THE PORTIONS OF BLAGG AND TRINITY ROADS LOCATED IN THE LAKEVIEW RANCH ADDITION, PHASE 1, PROVIDING FOR THE REVERSION OF THE FEE IN SAID LAND, AND DECLARING AN EFFECTIVE DATE WHEREAS, a proposed final plat for the Lakeview Ranch Addition designates street rights -of -way in such addition which will enhance traffic flow in this addition and neighboring subdivisions if prescriptive nght-of-way easements for Blagg and Trinity Roads are vacated and abandoned, and WHEREAS, the abandonment of Blagg Road as it affects Lots 5 and 6, Block 9 and Trinity Road as it affects Lots 6 and 18, Block 8 and Lots 23 and 24, Block 9 of the proposed final plat for Lakeview Ranch Addition, is appropriate since such roadways are not useful to the City and not required by public convenience and necessity, and WHEREAS, TEX LOC GOV'T CODE SEC 272 001 provides that interests in land may not be sold or exchanged for less than market value unless the sale or exchange is with abutting property owners who own the underlying fee simple, and WHEREAS, the applicable portions of Blagg and Tnmty roads being considered for abandonment per the proposed final plat for Lakeview Ranch Addition are owned by abutting property owners who own the underlying fee simple and the new nghts-of-way to be dedicated to the City of Denton by such addition are required by public convenience and necessity and are valued in excess of the nght-of-way for Blagg and Trinity roads, NOW THEREFORE THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS SECTION I That the prescriptive rights -of -way for Blagg Road as it affects Lots 5 and 6, Block 9, and Trinity Road as it affects Lots 6 and 18, Block 8 and Lots 23 and 24, Block 9 of the proposed final plat for Lakeview Ranch Addition, such rights -of -way being more particularly described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, are abandoned and vacated as public streets SECTION II That by operation of law the City of Denton's property interest in the street rights -of -way herein abandoned and vacated shall revert to the abutting property owner, whether one or more, and the City of Denton hereby releases all claims to the use of the property for street purposes, upon the filing of the final plat of the Lakeview Ranch Addition in the Denton County Plat Records, without the payment of compensation in consideration for the additional rights -of -way to be dedicated to the City of Denton pursuant to such final plat SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the Loday of rd, 1998 JA LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY APJVED AS O LEGAL FORM HERBEERT L PROUTY, CITY ATTORNEY BY�S�Lr��j\ G=� \\CH LGL\VQLI\shared\dept\LGL\Our Documents\ordmanees\99\Abandonment doe "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the M. Forrest Survey, Abstract Number 417 and being more particularly described as follows: TRACT 1 - BLAGG ROAD All that portion of the prescriptive right-of-way of Blagg Road as it affects the entirety of Lots 5 & 6, Block 9, Lakeview Ranch Addition, Phase 1. TRACT 2 - TRINITY ROAD All that portion of the prescriptive right-of-way of Trinity Road as it affects the entirety of Lots 6 & 18, Block 8 and Lots 23 & 24, Block 9, Lakeview Ranch Addition, Phase 1. Page 1 of 3 Exhibit A EXHI B1 T OF TRINITY ROAD ABANDONMENT RUST LICEIIIMJAMESON EX TRINTY RD ABANDONED BY THIS PLAT S87.22'41'E 7153.08' T ----- T 1------I T--- I I I I I I I I I 21 I 22 I 23 I ef- I 9 I I I I I I I I I 1-----1 1------I .L--- - STALLION ST. (60' R 0 W.) I I I I 3 9 I I I I L 0 i 18 1 I I 7 I I i I 17 I I I II T-- I I I I I I I I I I I I I I I I I I I I =t=== _ _ _� _ _ _ __ ___ - /i•'� i _ e SH - - �g - - - - f60' R 0 N . Page 2 of 3 Exhibit A -e!!s—z- EXHI BI T OF BLAGG ROAD ABANDONMENT I Ufr Lla-U ERIJAMESON ° R d m w C..muPW MnY*hd ilW Md. lOg0.WIW 95bL1906 ----------------------- LAKEVIEW BLVD. -------------- i ;o IQ 0 I� a I, / I / I / I / SyQ, I- S070331171E '. 80.81' vF I 3 9• I EX. BLAGG RD -ABANDONED THIS PLAT 25 DRAIN ESMT . 6 ---------------- (60' R.O.W.) _ ----- ----------------- — -- — Page 3 of 3 403If 01724 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 013131 I, the undersigned City Secretary of the City of Denton, Texas, (the "City") DO HEREBY CERTIFY that according to the records of the City of which I am custodian, that the attached is a true and accurate copy of Ordinance No 98-045 as approved by the City of Denton City Council on February 17, 1998 TO CERTIFY WHICH, witness my official signature and the seal of said City, this the 20th day of February, 1998 CIT SEC ARY CIT OF DE TON, TEXAS 4034 01325 ORDINANCE NO 0 O 7 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING PRESCRIPTIVE STREET RIGHT-OF-WAY EASEMENTS TO THE PORTIONS OF BLAGG AND TRINITY ROADS LOCATED IN THE LAKEVIEW RANCH ADDITION, PHASE 1, PROVIDING FOR THE REVERSION OF THE FEE IN SAID LAND, AND DECLARING AN EFFECTIVE DATE WHEREAS, a proposed final plat for the Lakeview Ranch Addition designates street rights -of -way in such addition which will enhance traffic flow in this addition and neighboring subdivisions if prescriptive nght-of-way easements for Blagg and Tnmty Roads are vacated and abandoned, and WHEREAS, the abandonment of Blagg Road as it affects Lots 5 and 6, Block 9 and Tnmty Road as it affects Lots 6 and 18, Block 8 and Lots 23 and 24, Block 9 of the proposed final plat for Lakeview Ranch Addition, is appropriate since such roadways are not useful to the City and not required by public convenience and necessity, and WHEREAS, TEX LOC GOWT CODE SEC 272 001 provides that interests in land may not be sold or exchanged for less than market value unless the sale or exchange is with abutting property owners who own the underlying fee simple, and WHEREAS, the applicable portions of Blagg and Tnmty roads being considered for abandonment per the proposed final plat for Lakeview Ranch Addition are owned by abutting property iowners who own the underlying fee simple and the new nghts-of-way to be dedicated to the City of Denton by such addition are required by public convenience and necessity and are valued in excess of the nght-of-way for Blagg and Tnmty roads, NOW THEREFORE THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS SECTION I That the prescriptive rights -of -way for Blagg Road as it affects Lots 5 and 6, Block9, and Tnmty Road as it affects Lots 6 and 18, Block 8 and Lots 23 and 24, Block 9 of the proposed final plat for Lakeview Ranch Addition, such rights -of -way being more particularly described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, are abandoned and vacated as public streets 5ECT ON II That by operation of law the City of Denton's property interest in the street nghts-ofrway herein abandoned and vacated shall revert to the abutting property owner, whether one or More, and the City of Denton hereby releases all claims to the use of the property for street purposes, upon the filing of the final plat of the Lakeview Ranch Addition in the Denton County Plat Records, without the payment of compensation in consideration for the additional nghts-of-way to be dedicated to the City of Denton pursuant to such final plat 4034 01726 SECTION III That this ordinance shall become effective immediately upon its passage and approval PASSED AND APPROVED this the 90day of �b i' 1998 JA LLER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY C BY " P J`, APPR ED AS 0 LEGAL FORM HERBERT L PRR\OUTY,`C`IITY ATTORNEY BY J \\CH LGL\VOLI\shared\dept\LGL\Our Documents\0rdmances\98\Abandonment doc 4034 01727 "EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City and County of Denton, State of Texas in the M. Forrest Survey, Abstract Number 417 and being more particularly described as follows: TRACT 1 - BLAOa ROAD All that portion of the prescriptive right-of-way of Blagg Road as it affects the entirety of Lots 5 & 6, Block 9, Lakeview Ranch Addition, Phase 1. TRACT 2 - TRINITY ROAD All that portion of the prescriptive right-of-way of Trinity Road as it affects the entirety of Lots 6 & 18, Block 8 and Lots 23 & 24, Block 9, Lakeview Ranch Addition, Phase 1. Page 1 of 3 4034 01728 Exhibit A E X H I B I T OF TRINITY ROAD. ABANDONMENT EX TRINTY ABANDONED THIS PLAT $87.22'41'E 763.00' MW UOffMJAMESON p�""�"��`�"�" RD BY - - - - - - - - - EX TRINITY RD N - - - -- I I I I I - - - - - - II I I I I I I I I I I I I I I I I 1 1 21 1 1 22 1 1 1 I 1 23 I I 1 24 1 I 1 25 I I I I I I I I I I I I I I I 1-----1 1------� I i----- I I — I L--- ..—•— -�---- --STALLION-ST f60' R O.WJ-- -------- T �--- ---- - ---L 1 ----1 1-----� II II I I I I C1 II -___ I I T_ I I 3 1 1 4 1 1 I. 5 II 6 7 I I I I II ----1 L----1 L---- I I --- -----1 I I - I I I j -------------- I I I I I I I I i 1 11III 1I111 11III 11-9 11111 0- 18 1IIII 17 1IIII 1IIII ---L L----- L1 - --:_-�2 ------ --------- ...- -- - -------- --- -I1III ----- SHETLAND DR f60' R 0 W Tl v Page 2 of 3 Exhibit A 4034 0112 9 --m!!K—z—Q I` I. I I I I I I I :o la EXHI BI T OF BLAGG ROAD ;m ABANDONMENT RIM LICHLUER/JAMFSON � fiiMl E Gwlt tlq $AeuWu ud P� IQO A MxYylYd L+e SWY 10q R1., lYr 1411-N06 / / 1 --------------- LAKEVIEW BLVD. --- ------ -_----------i I �•OB',��!�, S076331171E� is 80.61, L I �EX. BLAGG RD ABANDONED THIS PLAT 25DRAIN ESMT i 1----------------- - -------------------------------- ------ --- - ----------------o------- -r�}-------------(60' R.O.W.) I - I -- ----- ----------- - T---- Page 3 of 3 It03Lt 01130 P£T�cRN Cam' CXTY of DF-NTGN ZZl N ELM STRES-l- OF--NTn N ,, T1'r -76 Lo I 1'A(AL- VJ(LLIAMS'oOrd E�A6 tevEFaliG 1 aIed for record an UL111011 CON ff, IX HONO APIE 1111 HODU6/LUUN1Y IICKK Un Feb eo L998 At 4:30pm llor/Nnni 98 F,0010131 11 Not oriiaL1 nq. 1L,00 llor/i`Iymt . t 00 Kcc`eappt 0. U448 DNpuY Cheryt