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Home My WebLink About1998-369ORDINANCE NO %� ✓ �O AN ORDINANCE ABANDONING A 0 276 ACRE OF LAND CONSTITUTING SURPLUS STREET IRIGHT-OF-WAY AND BEING A PORTION OF AVENUE D, FROM EAGLE DRIVE A DISTANCE OF 190 FEET SOUTH TO THE CONNECTION BETWEEN AVENUE E AND AVENUE D, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request from the University of North Texas, J R Toledo and Mirai Corporation for abandonment of a 0 276 acre of land constituting surplus street right-of-way resulting from the redesign of Avenue D and construction of a new connection for Avenue E and Avenue D, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the street right-of-way easement described in Exhibit "A" is no longer needed for public use, and WHEREAS, that the process for determining the fair market value of the surplus street right-of-way above, as applicable, pursuant to Section 272 001 of the Texas Local Government Code relating to the conveyance of easements to abutting property owners who own the underlying fee simple, shall be followed in effectuating this abandonment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the 0 276 acre of land constituting surplus street right-of-way as described, in Exhibit "A", which is attached hereto and made a part hereof for all purposes, and commonly known as that portion of Avenue D from Eagle Drive a distance of 190 feet south to the new connection of Avenue E and Avenue D, is hereby permanently vacated and abandoned as a street right-of-way easement CTION II That by reason of such vacation, the City of Denton's property interest in the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the street right-of-way easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said property as public easement SACTION III That this ordinance shall become effective immediately upon its passage and approval P WA�"M?Ww OowmwuWWPane 8WWT MUWwmml dot PASSED AND APPROVED this the Aday of /(/(%U'9/714�r , 1998 ATTEST JENNIFER WALTERS, CITY SECRETARY BY y!,!�/ _ \\OH MUVOLMHAPPII\00PILLOL`AmO mmmWdlmnw\ft\ Mm mtE Page 2 of 2 EXHIBIT "A" STREET ABANDONMENT PARCEL 3 i SCALE 1" = 100' " A-03'54'18" R=200 00 L-13.63 / T-6.82 L C -N 84'37'58" E 1363 ui 6=01038'47" R=340.00 L=9,77 T=4.89 L C.-N 34'08'05" 9.77 " EAGLE DRIVE r, 1w PROPOSED RIGHT—OF—WAY LINE POINT OF BEGINNING -K NAILS SET PARCEL NO 3 12.038 S.F / 0.276 ACRE 1/2- 1 P F c DUNAWAY ASSOCIATES, Inc 1119m- am tee ...c +�fM-to�a1R m+e � ,u, al S_V NOTE All property camm are8/8' Iron p1n set unless othmise noted SHEET NO 1 0- 2 DATE JULY 13. 1998 EXHIBIT "A" STREET ABANDONMENT PARCEL 3 PROPERTY DESCRIPTION Being a 0 276 acre tract of land situated in the E Puchalski Survey, Abstract No 996, Denton County, Texas and said tract being a portion of Avenue D and being more particularly described by metes and bounds as follows Beginning at a 5/8" iron pin set at the intersection of the south right—of—way line of Proposed Eagle Drive realignment and in the east right—of—way line Avenue D, said point also bears South 03'21'12" East, a distance of 1500 feet from the south right—of—way line of Eagle Drive, Thence South 0321'12" East, along said east right—of—way tine of Avenue D. a distance of 20474 feet to a 1/2" iron pin found, Thence South 87'01'37" West, a distance of 5500 feet to a 5/8" Iran pin set In the easterly right— ryine of Proposed Avenue realignment 05 int also beinin West, 9 77 feet, a curve to the left whose radius is340 00 feet and longchord Thence along eff9line and length along atinorthwesterly direction thughacntall angle of 038'47",an arc of 77 feet to a5/8iranpin se —of —way line of Avenue D. a distance of 18545 feet Thence North 0321'12" West, along the west right to a 5/8" Iron pin set In the south right—of—way line aforementioned Proposed Eagle Drive realignment and said point being in a curve to the right whose radius is 20000 feet and long chord bears North 84 37'58" East, 1363 feet, Thenc central angle of035418", along sold Igan are length of 1363 feet said to acurve Knnailnortheasterly direction through a ent Thence North 86'35'11" East, continuing along said south right—of—way tine, a distance of 7 55 feet to a P—K nail set, Thence North 0321'12" West, a distance of 1000 feet to a P—K nail set, ThenceNorth 6a continuing taining along sold south feethor 0 276yline, a acre of Nand distance of 38 83 feet toe Point ofBeginning and LA DUNAWAY ASSOCIATES, Inc eoaysmaa ra cs<'+etas SHEET NO 2 C= DATE JULY 13, 1998 4216 01640 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON 102260 I, the undersigned Deputy 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 a custodian, that the attached is a true and accurate copy of Ordinance No 98-369 as passed and approved by the City of Denton City Council on November 3, 1998 TO CERTIFY WHICH, witness my official signature and the seal of said City, this the loth day of November, 1998 DEPUTY CITY SECRETARY CITY OF DENTON, TEXAS r) 4216 01641 ORDINANCE NO AN ORDINANCE ABANDONING A 0 276 ACRE OF LAND CONSTITUTING SURPLUS STREET RIGHT-OF-WAY AND BEING A PORTION OF AVENUE D, FROM EAGLE DRIVE A DISTANCE OF 190 FEET SOUTH TO THE CONNECTION BETWEEN AVENUE E AND AVENUE D, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Denton has received a request from the University of North Texas, J R Toledo and Mirai Corporation for abandonment of a 0 276 acre of land constituting surplus street right-of-way resulting from the redesign of Avenue D and construction of a new connection for Avenue E and Avenue D, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the street right-of-wity easement described in Exhibit "A" is no longer needed for public use, and WHEREAS, that the process for determining the fair market value of the surplus street right-of-way above, as applicable, pursuant to Section 272 001 of the Texas Local Government Code relating to the conveyance of easements to abutting property owners who own the underlying fee simple, shall be followed in effectuating this abandonment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS SECTION I That the 0 276 acre of land constituting surplus street right-of-way as described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, and commonly known as that portion of Avenue D from Eagle Drive a distance of 190 feet south to the new connection of Avenue E and Avenue D, is hereby permanently vacated and abandoned as a street right-of-way easement SECTION II That by reason of such vacation, the City of Denton's property interest in the vacated portion of said easement shall, by operation of law, revert to the owner or owners abutting the street right-of-way easement herein abandoned, and the City of Denton releases any and all claims to the use of the vacated portion of said property as public easement SECTION III That this ordinance shall become effective immediately upon its passage and approval tpnNbllll\I al Onr llnvunnnMWinuKamvNr ALauluiman moo 4216 01642 PASSED AND APPROVED this the j -day of /(/(%� , 1998 r N I , o�FER, MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY BY AA 140 APP VED A TO LEGAL FORM HERBERT L PROUTY, CITY ATTORNEY BY �`f� �Q \\Cil LGL\V0LIVIIA!lD1DCPTIALWm UxnmmlA0rdlnm[M96\UNf AbaMommmlEx Page 2 of 2 SCALE 1" — 100' 10.00' " 7 p-03'54'18" R=200 00 L=13 63 / T=6.82 L.C,-N 84'37'58" E 1363 A-Ot'38'47" R=340.00 L-9 77 T=4.89 L C =N 34'08'05" 977 EXHIBIT "A" STREET ABANDONMENT PARCEL 3 1ui to " EAGLE DRIVE r- 15' POINT OF BEGINNING -K NAILS SET PARCEL NO 3 12 036 S F / 0 276 ACRE 1/2- IPF DUNAWAY ASSOCIATES, Inc =a WIN n1t�e-u nTNN-nee RIGHT-OF-WAY LINE NOTE All property eemen ON 3/8" Iron pin al onlese othwvIsm noted eel ren SHEET NO 1 0" 2 DATE JULY 13, 1998 EXHIBIT "A" STREET ABANDONMENT PARCEL 3 PROPERTY DESCRIPTION Being a 0 276 acre tract of land situated in the E Puchalski Survey, Abstract No 996, Denton County, Texas and said tract being a portion of Avenue D and being more particularly described by metes and bounds as follows Beginning at a 5/8" Iron pin set at the intersection of the south rlght—of—way line of Proposed Eagle Drive realignment and In the east right—of—way line Avenue D, sold point also bears South 03 21'12" East, a distance of 15 00 feet from the south right—of—way line of Eagle Drive, Thence South 0321'12" East, along said east right—of—way line of Avenue D, a distance of 20474 feet to a 1/2" Iron pin found, Thence South 8701'37" West, a distance of 5500 feet to a 5/8" Iron pin set In the easterly right— ryline Proposed eel and longchodb Avenue realignment North 3408'05�nt alsbeing In West,977feeta curve to the left whose adiusis34000f Thence along said easterly rlght—of—way line and along said curve in a northwesterly direction through a central angle of 01'38'47", an arc length of 9 77 feet to a 5/8" Iron pin set, Thence North 03'21'12" West, along the west right—of—way line of Avenue D. a distance of 185 45 feet to a 5/8" Iron pin set in the south right—of—way line aforementioned Proposed Eagle Drive realignment and said point being In a curve to the right whose radius Is 200 00 feet and long chord bears North 8437'58" East, 1363 feet, cThence along entral angle sold south arc length of 1363 (estline and alonald te ourve PBKnnail setheasterly direction through a Thence North 86 35'11" East, continuing along said south right—of—way line, a distance of 7 55 feet to a P—K nail set, Thence North 03'21'12" West, a distance of 1000 feel to a P—K nail set, to°the Pqi k 9 6B3ginning andce containing along12,36 said squaresouth feethor 0 276yline, a acre of distance and ce of 38 83 feet DUNAWAY ASSOCIATES, Inc ' rtMeo nsa SHEET NO 2 C= 2 DATE JULY 13, 1998 4216 01645 MTV CL�s 'u"W IIK 015 gunw�wikTtxts Filed for Record in: DENTON COUNTY, TX HONORABLE TIM HODGES/COUNTY CLERK On Nov 10 1998 At 4:20pm Doc/Num : 98-R0102260 Doc/Type : OR Recordinq: 13.00 Doc/Mgmt 6.00 Receipt N. 40727 Deputy - FRANCHESKA THE STATE OF TEXAS COUNTY OF DENTON ABANDONMENT RELEASE BY ABUTTING OWNER WHEREAS, the City of Denton, Texas, is considering the matter of closing and abandoning as a public street that portion of Avenue D Street lying between the South boundary line of Eagle Drive Street and 106 feet North of the North boundary line of Wilshire Street, and has given due notice to the property owners whose property abuts on said area of Avenue D Street, as well as those property owners abutting Avenue D Street between that portion being considered for abandonment and the next intersection of said portion being abandoned; and WHEREAS, it will be to the advantage of the property owners whose property abuts said portion of said Avenue D Street being considered for abandonment and to the advantage of the public generally to abandon said portion of Avenue D Street: NOW, THEREFORE, in consideration of benefits to be received by the undersigned and the general pubic, which are hereby acknowledged, the undersigned, being of lawful age, do hereby fully and forever release, acquit and discharge the said City, its officers, successors and assigns, from any and all actions, causes of action, claims and demands of whatsoever kind or nature on account of the abandonment and closing of said portion of said Avenue D Street above mentioned. It is expressly understood and agreed that this release is intended as an agreement to the said closing of said portion of said street and is intended to cover and does cover all damages, losses and injuries now known or which may become known in the future, including all the effects and consequences thereof. IN WITNESS WHEREOF we have hereunto set our hands this the day of N(ol� 11998. (Owner's Signature) f7"��,'•,`� f2. /m00% (Owner's Printed Name) Before me I i'o e r 6 x on this day personally appeared Frederick 1Z. Pofe known to me to be the person whose name is subscribed to the Foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 016 day of Aa NNR A.D. 000000 •�""vP`A`' GINGER COX g •; � • a Notary Public, SWe of Texas '; `• My Commission Expires 07•it•96 NoPuglic, State of Texas 92 �, \\CHW-ENG\VOLT\USERS\SNIJOHNSOUegal\Ave D Abandorunent Release.doc THE STATE OF TEXAS COUNTY OF DENTON ABANDONMENT RELEASE BY ABUTTING OWNER WHEREAS, the City of Denton, Texas, is considering the matter of closing and abandoning as a public street that portion of Avenue D Street lying between the South boundary line of Eagle Drive Street and 106 feet North of the North boundary line of Wilshire Street, and has given due notice to the property owners whose property abuts on said area of Avenue D Street, as well as those property owners abutting Avenue D Street between that portion being considered for abandonment and the next intersection of said portion being abandoned; and WHEREAS, it will be to the advantage of the property owners whose property abuts said portion of said Avenue D Street being considered for abandonment and to the advantage of the public generally to abandon said portion of Avenue D Street: NOW, THEREFORE, in consideration of benefits to be received by the undersigned and the general pubic, which are hereby acknowledged, the undersigned, being of lawful age, do hereby fully and forever release, acquit and discharge the said City, its officers, successors and assigns, from any and all actions, causes of action, claims and demands of whatsoever kind or nature on account of the abandonment and closing of said portion of said Avenue D Street above mentioned. It is expressly understood and agreed that this release is intended as an agreement to the said closing of said portion of said street and is intended to cover and does cover all damages, losses and injuries now known or which may become known in the future, including all the effects and consequences thereof. IN WITNESS WHEREOF we have hereunto set our hands this the day of 1998. 34411, = 04692�� (Owner's Signature) /AKF/11I?t1 /f'l/Yi`I/�r.H �K s,� cJ (Owner's Printed Name) Before me c c5 on this day personally appeared m , known to me to be the person whose name is subscribed to the foregoing sni�rttmnent and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this 2n t day of A.D. ": `° a'• DIAIJA FORSON Notary Public, State of Texas Notary public, State of Texas Comission Expires 08-30-99 -''•: i-'�%T W-EmNO\VOLI\USERS\SMJO SO\Iegal\Ave D Abandonment Release.doc THE STATE OF TEXAS COUNTY OF DENTON ABANDONMENT RELEASE BY ABUTTING OWNER WHEREAS, the City of Denton, Texas, is considering the matter of closing and abandoning as a public street that portion of Avenue D Street lying between the South boundary line of Eagle Drive Street and 106 feet North of the North boundary line of Wilshire Street, and has given due notice to the property owners whose property abuts on said area of Avenue D Street, as well as those property owners abutting Avenue D Street between that portion being considered for abandonment and the next intersection of said portion being abandoned; and WHEREAS, it will be to the advantage of the property owners whose property abuts said portion of said Avenue D Street being considered for abandonment and to the advantage of the public generally to abandon said portion of Avenue D Street: NOW, THEREFORE, in consideration of benefits to be received by the undersigned and the general pubic, which are hereby acknowledged, the undersigned, being of lawful age, do hereby fully and forever release, acquit and discharge the said City, its officers, successors and assigns, from any and all actions, causes of action, claims and demands of whatsoever kind or nature on account of the abandonment and closing of said portion of said Avenue D Street above mentioned. It is expressly understood and agreed that this release is intended as an agreement to the said closing of said portion of said street and is intended to cover and does cover all damages, losses and injuries now known or which may become known in the future, including all the effects and consequences thereof. IN WITNESS WHEREOF we have hereunto set our hands this the Z ,,l day of � 11998. (Owner's Signature) J 241C�G mac. (Owner's Printed Name) Before me L&a agJaj P�- on this day personally appeared T.Ra,Cael -/cep , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this day of Notary Public, State of Texas \\CH W-ENG\VOLT\USERS\SNUGHNSOMegal\Ave D Abandonment Release.doc