HomeMy WebLinkAbout2006-353- . S:\Our Documents\0rdinances\06\West Prairie Street Partial Abandonment Ordlnance.DOC
ORDINANCE NO. &70&-,95:5
AN ORDINANCE OF THE CITY OF DENTON ABANDONING AND VACATING A
PORTION OF WEST PRAIRIE STREET, BEING A 0.315 ACRE TRACT OF A STREET
RIGHT-OF-WAY TRACT CONVEYED TO THE CITY OF DENTON, TEXAS BY DEED
RECORDED IN VOLUME 383, PAGE 186 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has entered into a Real Estate Exchange and Purchase
Agreement (AGREEMENT) with Rayzor Investments, Ltd., as a result of Ordinance 2006-048,
as such being an element of the pending West Electric Transmission Line and Substation Project
(PROJECT); and,
WHEREAS, the subject 0.315 acre tract, described and illustrated in Exhibits "A" and
"B" respectively, both attached hereto and made a part hereof, is owned by the City of Denton
and by the terms of the AGREEMENT is to be exchanged for easement rights on other lands
owned by Rayzor Investments, Ltd, as necessary for the PROJECT; and,
WHEREAS, a title exception has been, identified regarding the need to formally abandon
the public interests in the subject 0.315 acre tract; and,
WHEREAS, the City Council of the City of Denton, Texas has determined that it is in the
public interest to abandon its rights in the 0.315 acre tract; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference. The 0.315 acre tract is hereby permanently abandoned with all
of the City's right, title and interests being conveyed under the terms of the AGREEMENT,
SAVE AND EXCEPT a reservation for a 10 foot wide public utility easement described in
Exhibit "C" and attached hereto. A certified copy of this ordinance may be recorded in the Real
Property Records of Denton County, Texas to evidence this abandonment.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the /0 day of �( ,b r , 2006.
PERR&& McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
EDWIN M. SNYDER, CITY ATTORNEY
ba",
Page 2
Exhibit A
LEGAL DESCRIPTION for a
60'Strip ofland out of the
FUGESEPUCHALSOSURVEYA-996
Denton, Denton County, Texas
Being aht that cettain tract, parceh of strip of land out of the EUG£NE PUCNALSRI SURVEYA•996, in the City of Denton, Denton County, Texas described
by deeddrecotded in Volume 333, Page ISE geed Records, Denton County, Texas and more particularlydescribed as fo6ows.
BEGINNING at a set 5/8'uon fad for corner in the west righhof way fine at the Bmliag(on Northern Santa Fe RaAvay, said point also being in the north line
of a remainder (tact of land described by aforesaid deed tecorded in.Volume 383, Page 186, Geed Records, Denton County, Texas, and also being in the
south ni fit.ofway line of West Prairie Street
THENCE leaving said West fight -of. way line of 8uriington Northern Santa fe Railway, N 88*1170'W, and with the north Ene of said remainder tract a
distance of 233..28 feet to a found Y,'hon rod in the wart righeof•way line of said West Prairie Street;
THENCE Ieaving north line of the raid remaindef tract N Ol °55'09'E and with the west line of said West Prairie Street a distance of 60.96 feet to a
foundfe'froa rod at the northwest corner of the stfeet
THENCE.• 3 88°0644f. along fire north right•o%way line of West Prairie Street, 2Q 47 feet to a point for corner in the west right-of-way line of said
Burlington Northern Santa Fe Railway tract;
THENCE: S 21 °56'03'E, along said west right o%way line a distance o166.35 feet to the PO1Nr of 8£GINNthtO and CONTAINING 0.315 acres of land
more or less as surveyed by joha fie/fit. tpls 91970 during the month of August 2001..
See attached Survey Sketch jail �005b`
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EXHIBIT " C"
SAVE AND EXCEPT Public Utility. Reservation Tract
BEING a 10 foot wide strip of land, lying west of, adjacent to and parallel with east line
of the 0.315 acre tract described and illustrated in Exhibits "A" and "B" respectively,
both attached hereto.