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HomeMy WebLinkAbout1994-065j:\wpdocs\ord\abandonm.ord ORDINANCE NO. AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING A PORTION OF DEERWOOD PARKWAY, LOCATED WEST OF ITS INTERSECTION WITH GRANT PARKWAY, AS A PUBLIC STREET; RESERVING A DRAINAGE AND UTILITY EASEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City is not desirous of extending Grant Parkway west of its intersection with Deerwood Parkway; and WHEREAS, the abandonment of right-of-way for Grant Parkway west of its intersection with Deerwood Parkway at this time would allow the surplus right-of-way, which is not useful to the City and not required for public convenience and necessity, to be sold by the City and included in the Deerwood Subdivision, Phase I development; and WHEREAS, the fair market value of the right-of-way has been determined and received as required by TEX. LOC. GOV'T CODE S 272.001 and Denton, Tex., Code S 2-127 (1991); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That 041 acres of the right-of-way of Grant Parkway located west of its intersection with Deerwood Parkway, and being more particularly described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, is abandoned and vacated as a public street; provided, however, that there is hereby expressly reserved and excepted from vacation and abandonment the property so described a public drainage and general use utility easement for the purpose of constructing, reconstructing, repairing, and maintaining drainage and utility facilities in, over, and across the said property. SECTION II. That by operation of law the City of Denton's property interest in the street right-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 receipt of the market value of the property herein abandoned from the abutting property owner. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the eday of 1994. ATTEST: CITY SECRETARY JENNIFER WALTERS, BY: AppROVED AS TO LEGAL CITY ATTORNEY DEB RA A. DRAYOVITCH, U? �d e BY: PAGE 2 EXHIBIT A _p*gP&BiB-RIGHT-OF-WAY ABANDONMENT DEERWOOD PARKWAY FIELD NOTES to all that certain tract of land situated inthe D Culp pandb Abstract Number Survey 287 in the City of�Denton, Denton County, + f-way of Deerwood Parkway as described in the Dedication past of the Right-o511 of the Real Property Records of Denton recorded in Volume f-of County, Texas; the t tra 2081, Page ct being the Western Stub -out of Grant Parkway and more particularly described as follows: BEGINNING for the Northwest corner of the tract being described herein, at a BEGINNING inch iron rod at a salient corner in a Westerly line of the Right-of-way Dedication on a North line of the called 51.068 acre tract described in the Deed to Teasley Road Associates recorded in Volume 3014 Page 553 of the said e 49.98ofertyfzRecorreentruth 89 cornea ees 03 fMinutes 92 Seconds West a distance THENCE North 89 Degrees 03 Minutes 42 Seconds East with North line of the Teasley Road Deerwood distance Iofon0an0extensionfeet to tof the tWesttline nof of Lot 1, Blocklock AA, , Deerwood Parkway; THENCEast acro Parkway SStub-out with eethe52Eastnuline of LotMites 57 c1 asdistance ofs60.00the sfeetOtona reentrant corner of the said dedicated Right-of-way; econds st s the said Stub -out withCEtheousaid89Rightxofsway3 aindistancesof 29.94efeetcs SthMutes 43 toa 1/2 inch iron rod found at a salient corner thereof; econds West ith the said aHEdistancethof0.69.00efeet ay 61 totheePLACESOF BEGINNING wand enclosingR09041 ofan acre of land. CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON I, the undersigned, City Secretary of the City of Denton, the Texas ntn, (the "City) D "O HEREBY CERTIFY that according records of the City of which I am custodian, that: the attached is a true and accurate copy of Ordinance No. 94-065 as approved by the City of Denton City Council on April 19, 1994. TO CERTIFY WHICH, seal of said City, this 0469C witness my official signature and the Y _---_' 19 . the �iGt— da of a '� ity ecretary ity f Denton, Texas js\wpdocs\ord\abandonm.ord ORDINANCE NO. `1 AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING A PORTION OF DEERWOOD PARKWAY, LOCATED WEST OF ITS INTERSECTION WITH GRANT PARKWAY, AS A PUBLIC STREET; RESERVING A DRAINAGE AND UTILITY EASEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City is not desirous of extending Grant Parkway west of its intersection with Deerwood Parkway; and WHEREAS, the abandonment of right-of-way for Grant Parkway west of its intersection with Deerwood Parkway at this time would allow the surplus right-of-way, which is not useful to the City and not required --for public convenience and necessity, to be sold by the City and included in the Deerwood Subdivision, Phase I development; and WHEREAS, the fair market value of the right-of-way has been determined and received as required by TEX. LOC. GOV'T CODE S 272.001 and Denton, Tex., Code S 2-127 (1991); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That 041 acres of the right-of-way of Grant Parkway located west of its intersection with Deerwood Parkway, and being more particularly described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, is abandoned and vacated as a public street; provided, however, that there is hereby expressly reserved and excepted from vacation and abandonment the property so described a public drainage and general use utility easement for the purpose of constructing, reconstructing, repairing, and maintaining drainage and utility facilities in, over, and across the said property. SECTION II. That by operation of law the City of Denton's property interest in the street right-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 receipt of the market value of the property herein abandoned from the abutting property owner. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /eday of 1994. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY BY:.�a Ce PAGE 2 EXHIBIT A PR8P@8flB RIGHT-OF-WAY ABANDONMENT DEERWOOD PARKWAY FIELD NOTES to all that certain tract of land situated in the D Culp Survey Abstract Number 287 in the City of'Denton, Denton County, Texas, and being a part of the Right-of-way of Deerwood Parkway as described in the Dedication recorded in Volume 2081, Page 511 of the Real Property Records of Denton County, Texas; the subject tract being the Western Stub -out of Grant Parkway and more particularly described as follows: BEGINNING for the Northwest corner of the tract being described herein, at a 1/2 inch iron rod at a salient corner in a Westerly line of the Right-of-way Dedication on a North line of the called 51.068 acre tract described in the Deed to Teasley. Road Associates recorded in Volume 3014 Page 553 of the said Real Property Records South 89 Degrees 03 Minutes 42 Seconds West a distance of 49.48 feet from a reentrant corner thereof; THENCE North 89 Degrees 03 Minutes 42 Seconds East with North line of the Teasley Road Associates tract a distance of 30.00 feet to the Northeast corner of Lot 1, Block A, Deerwood Phase I on an extension of the West line of Deerwood Parkway; THENCE South 00 Degrees 52 Minutes 57 Seconds East across the said Grant Parkway Stub -out with the East line of Lot 1 a distance of 60.00 feet to a reentrant corner of the said dedicated Right-of-way; THENCE South 89 Degrees 03 Minutes 43 Seconds West across the said Stub -out with the said Right-of-way a distance of 29.94 feet to a 1/2 inch iron rod found at a salient corner thereof; THENCE North 00 Degrees 56 Minutes 18 Seconds West with the said Right-of-way a distance of 60.00 feet to the PLACE OF BEGINNING and enclosing 0.041 of an acre of land. 6m —,� 50, 0 50' 100, J.O. DROWN VOL. 812/P. 598 COLLECTOR STREET R-O-W; IO BE EXTENDED aE. 3 k�, 2 '° D TV 22 u vEENpSE P oU � w° \ D P N A W°°p5 GOPNj'I�LDt�AgE n 5C LOT 2 OL LOT T G � RIGHT-OF-WAY i`9" \ -9f- ABANDONDED RETURN TO: City of Denton 215 E. McKinney Denton, TX 76201 jATn& Roger N. Wilkinson rCrtn;�, rThc L IYA4E17ANPi .., l.4 ;hc 1�i'�J, 7NcS7f.'iE(IF'[ z'ql fOUby alM.` lim c hYCcru ^e;n L sdle erd. .wi r. n �mn r:U+rx �RP UIi7tJ,inL'.o APR 2 5 1994 M 14iY CLFRK nf1 J.'J COUNTY. 7E%A4 E9u ti'"n'Y v'• #�LII+Itis�C9-4Ale_L= -9 �:1"Y 1}r(�SM1i3is? HUM' 7 t a*I