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Home My WebLink About2006-211S\Our Documents\Ordinances\WNow]m Road Abandonment Ordmmce.doc ORDINANCE NO. — AN ORDINANCE OF THE CITY OF DENTON, TEXAS AUTHORIZING THE ABANDONMENT OF A PORTION OF NOWLIN ROAD BETWEEN TEASLEY LANE AND SADDLEBACK DRIVE AND BEING A PORTION OF OR ADJACENT TO WHEELER RIDGE, PHASE THREE, AN ADDITION TO THE CITY OF DENTON, TEXAS, AND PROVIDING AN EFFECTIVE DATE THEREOF. WHEREAS, Centex Homes, a Nevada general partnership ("Centex") is the developer of Wheeler Ridge Phases One, Two, Three and Four, additions to the City of Denton, Texas (the "Development"); and WHEREAS, Centex has requested that the City abandon a portion of Nowlin Road between Teasley Lane and Saddleback Drive as particularly described on Exhibit "A" and illustrated on Exhibit B", both of which are attached hereto and made a part hereof by reference (the "Abandonment Area"); and WHEREAS, Centex is the abutting and underlying fee owner of the Abandonment Area, except for that portion abutting property ("Jesters' Property") owned by Johnny L. Jester & wife, Vilena L. Jester (the "Jesters") as particularly described in Exhibit "C" and illustrated on Exhibit "D", both of which are attached hereto and made a part hereof by reference (the "Abandonment Area); WHEREAS, the Jesters have consented to and requested the abandonment; and WHEREAS, the portion of the Abandonment Area to be abandoned and quit claimed to Centex is particularly described in Exhibit `B" and also depicted and labeled as Tract 2 on Exhibit "E" ("Centex Abandonment Area"); and WHEREAS, the portion of the Abandonment Area to be abandoned and quit claimed to Jesters is particularly described in Exhibit "D" and also depicted and labeled as Tract 2 on Exhibit "E" ("Jester Abandonment Area") attached hereto and made a part hereof by reference; and WHEREAS, Centex has constructed at its expense a replacement road system within the Development (the "Replacement Road System"), which removes the need for the Centex Abandon Area portion of Nowlin Road; and WHEREAS. Centex is proposing to construct a transition between the remaining portion of Nowlin Road and Saddleback Drive as depicted on Exhibit `B" (the "Transition"); and WHEREAS, the developer of a church site (the "Church Site") located adjacent to and south of Jesters' Property is proposing to construct a driveway along the common Page 1 S:\Our Documents\0rdinances\06\Now1in Road Abandonment Ordinance.doc boundary lines of the Church Site and Jesters' Property as depicted on Exhibit "E" (the "Driveway"); and WHEREAS, the City Council finds that the value of the Replacement Road System exceeds the value of the Abandonment Area and this abandonment is in the public interest; 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. SECTION 2. The City Council hereby authorizes the abandonment and quit claim of the Abandonment Area subject to the following conditions: a. Existing public utilities will remain in the Abandonment Area, except the City will permit their relocation at the sole expense of Centex as long as Centex grants utility easements for the new locations of the public utilities; and b. Centex is responsible for the removal of the asphalt, curb, and gutter from the Centex Abandonment Area. Centex will protect all public utilities during construction. Centex shall leave the Jesters' Abandonment Area portion of Nowlin Road in drivable condition with a minimum width of twelve feet of driving surface as a drive access to the Jesters' Property until such time as the Driveway is completed and made available to the Jesters. SECTION 3. The City Manager, or his designee, is authorized to execute and deliver quit claim deeds to Centex for the Centex Abandonment Area and to the Jesters for the Jesters' Abandonment Area, containing the conditions set forth in Section 2 of this ordinance. SECTION 4. This Ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the _ z 5 day of44-7 2006. �9? U C� PERR . McNEILL, MAYOR Page 2 S:\Our Documents\Ordinances\MNowlin Road Abandonment Ordinance.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: \ APPROVED AS TO LEGAL FORM: EDWIN M. SNYDER, CITY ATTORNEY M Page 3 EX MIT "A" METES & BOUNDS DESCRIMON NOWLIN ROAD R.O.W. ABANDONMENT BEING a 0.496 acre tract of land located in the Berry Merchant Survey, Abstract No. 800, City of Denton, Denton County, Texas, and being a portion of Wheeler Ridge, Phase Three, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Cabinet V, Page 991.993. of the Plat Records, Denton County, Texan, also being a portion of called 253.926 acre tract of land described in the Special Warranty Deed to Centex Homes, a Nevada general partnership, filed for record in Volume 5105, Page 3753, of the Dad Records, Denton County, Texas, said 0.496 acre right-of-way abandonment being mare particularty described as follows: BEGINNING at a 5/8 inch capped 'von rod set stamped "Mywskie Mchmis" fee the Southwest comer of said Wheeler Ridge Phase Three, and being on the North right-of-way line of Nowlin Road, an undetermined right-of-way width; THENCE North 89 degrees 29 minutes 25 seconds East, along the South line of said Wheeler Ridge Phase Three, a distance of 731.92 feet, to a point for comer for the Southeast comer of Lot 42, Block V, of said Whaler Ridge Phase Three; 77MCE North 02 degrees 07 minutes 00 seconds West, along the East line of said Lot 42. Block V, a distance of 0.93 feet, to a point for comer, THENCE South 89 degrees 59 minutes 07 seconds East, ova and across said Centex Homes remainder tract and said Wheeler Ridge Phase Three, a distance of 654.67 feet, to a point for comer in Saddleback Drive, a 50.00' right-of-way; THENCE Due South, continuing ova and across said Wheeler Ridge Phase Three, a distance of 20.00 feet, to a point for coma in Saddleback Drive; THENCE North 89 degrees 59 minutes 07 seconds WesS continuing over and across said Whaler Ridge Phase Three, and said Centex Homes reminder tract. a distance of 666.25 feet, to a point for corner on the East line of a tract of land described in the Warranty feed with Vendor's Lim to Johnny L. Jester and wife, Vilena L. Jests, Sled for record in County Clerk's File No. 93- R0072123, of said Deed Records; THENCE North 03 degrees 56 minutes 23 seconds East, along said East ling a distance of 7A9 fact, to a PK Nail found fm the Northeast coma of said Jester hack THENCE South 89 degrees 29 minutes 25 seconds West, along the North Sine of said Jester tract, common to the South right-of-way Ene of said Newlin Road, a distance of 720.40 fat, to a point for coma; THENCE North 02 degrees 05 minutes 56 seconds West, departing said common line, a distance of 11.50 feet, to the POINT OF BEGINNING and containing 0.496 aces (21,593 square feet) of lend. See attached ' "B" dated November 4, 2003 L�- Male W.11� • Date: 11-04-05 Registered Professional Land Surveyor 5438 State of Texas EXHIBIT "B" R.O.W. ABANDONMENT LOCATED IN THE BERRY MERCHANT SURVEY, ABSTRACT NO.. 800 CITY OF DENTON, DENTON COUNTY, TEXAS X. - „- {- 1 .n 26 121 26 IS 21 f] 22 TI ]a 'a le DETAIL 'A' II I q 61TmlR cootie I ,; t" --..16 is G71 W. �1-21 003 nRA T. easaRr dR7r6 ,r _..--. s, 1 I ' SEE DETAIL •A• , is w yr yt ys s. ss n ye ss .c I I u 64 L •0 N8929'26'E 7J1.82 J.F 6e SD38'07'E 65467' \ L2 •i Na WLIN ROAD 56820'25'w 72a4o, 6 OYW 66. pZp R+srsruvuo ewr--or-wr .om) RQIK �.✓�`' �'- G196 Atl VVV 11 tI1.3iT RW.aa iFETi -- Min AGW IRACr'r- ,,'•, JOHNNY -61A HOMES cC E DS.EMR e0.AGr -- -- _ tueb.cT, FUTURE M7ffQFR F604E x, P7tASE tXIt7nRARl]11 n 1T! � � � 4 R6'YMT. 679/OP tr• 71E � � I :s ; l : ` `` tr umy 491 e rt�-0Ar scaMrs • uTul tiPNd6a cos _ �� '9\.. \ / �. 25 • LINE TABLE SURVEYOR'S CER77nCA7TON L1 N0297'00'W QBJ' L2 DUE SWAT 20.00' L Merls W. Wien. Regletered Profeselanal Land Sur syar, hweby E3 N0356'23'£ 7.49' state that this exhibit was made fram an actual an the ground Le NC2O5'66'W 11,50' survey by me ar under my direct sWerpsbn. LEGEND VOL. A' A&UM770NS VOLUME PO - PAGE CAB. a CABINET eds . M Date: No.mnber Z 2005 SLITS R.O.W. - SLIDES - RIGHT- GF-WAY Reglatered PmfbgabW Land OF l CJ.R.S CAPPED IRON ROD SET Surveyor Na 54Ja �f_,......,, State of Term tip{�,at5TE4fa y STAMPED 'V7COSKIE MCINN/S' 0t t1n I.R.F. r= IRON ROD FOUND ...F... P.O.B. - POINT OF BEOTNNINC MERLE W�MILLER ••+••••�••••»•••••••- P.R.D.GT. PCAi R£LORD$ + 5436 DENTON COUNTY, TDOIS !9?s D.R.D,QT. - DEED RECORDS ��O~SURUF'io to?�%Q- DENTON COUNTY, TEXAS I m;mia mycoslde +indnnls+associates d e.4." 0 e. nv to d D . 6l.au. wntlra zoo . a .t a6r.m a rll.6t..' t..., 760$0 117-660-1171 1..: 117-274-6757 e... me. t..... e.e / DATE I77bl7bJ SCALE I" - MO' LPA6N g: iP.1 DEOiD E1`. MWM. JDfl !p_ J9J5-J-7 RAT M DEED D L . CDNI2OLLND YOMMENT • BASE 6E 0 HATCH LAYOUT ®_ MOOD ®. voma: _ CONCRETE ® • earl( K:\Ongoing PlatATeaeleA, EXHIBIT C 0282 ACRES NOWLIN ROAD RIGHT OF WAY ABANDONMENT BEING A 0.282 ACRE TRACT OF LAND IN THE BERRY MERCHANT SURVEY, ABSTRACT NUMBER 800, CITY OF DENTON, DENTON COUNTY, TEXAS, AND BEING A PART OF THE RIGHT OF WAY OF NOWLIN ROAD, A PUBLIC ROAD, SAID 0.282 ACRE RIGHT OF WAY ABANDONMENT BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS; BEGINNING AT A WOOD FENCE CORNER POST FOUND IN THE EAST RIGHT OF WAY LINE OF A PUBLIC ROAD POSTED AS TEASLEY LANE FOR THE NORTHWEST CORNER OF SAID JESTER TRACTAND THE SOUTHWEST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE NORTH 01 DEGREE 48 MINUTES 53 SECONDS WEST WITH SAID RIGHT OF WAY LINE A DISTANCE OF 16.50 FEET TO A POINT FOR THE SOUTHWEST CORNER OF THE DEDICATION OF WHEELER RIDGE, PHASE THREE, AN ADDITION TO THE CITY OF DENTON AS SHOWN ON THE PLAT THEREOF, RECORDED IN CABINET V, SLIDES 761 & 762, OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; THENCE NORTH 89 DEGREES 57 MINUTES 31 SECONDS EAST WITH THE SOUTH LINE THEREOF A DISTANCE OF 734.61 FEET TO A PK NAIL FOUND FOR A SOUTHERLY SOUTHEAST CORNER OF SAID WHEELER RIDGE ADDITION DEDICATION AND THE NORTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE SOUTH 04 DEGREES 32 MINUTES 37 SECONDS WEST WITH THE EAST LINE THEREOF A DISTANCE OF 17.07 FEET TO A WOOD FENCE CORNER POST FOUND FOR THE NORTHEAST CORNER OF SAID JESTER TRACT AND THE SOUTHEAST CORNER OF THE HEREIN DESCRIBED TRACT; THENCE WEST WITH THE NORTH LINE THEREOF A DISTANCE OF 732.73 FEET TO THE PLACE OF BEGINNING AND ENCLOSING 0.282 ACRES OF LAND, MORE OR LESS. THIS SURVEY CORRECTLY REPRESENTS THE RESULTS OF AN ON -THE -GROUND SURVEY MADE UNDER MY DIRECTION AND SUPERVISION. THERE ARE NO VISIBLE OR APPARENT INTRUSIONS, PROTRUSIONS OR EASEMENTS EXCEPT AS HEREON. Z' 0-OS K ETHVZO NGER R.P,L.S. NO. 5312 DATE I'I 1 II C /ip\ 1200 R. Univervity Dr. DENTON. TX 76201 (1?40)382-34-48 Y Time: Fri, 30 Ddc D5 — Indn: S 16.50' (,e,ow.06)liEld d7YHdSY z 0 OQ ZF 70 w yz -W F 0 NUw wzn-0 w0ay Zwwa w O m w yW ? N XUX aw>N O z elf ww i'¢w ��LU � Lou:� c°�ir Z�O �Z� 0 z moo FS2 co =—O U)(L .a�.1..1...IL Jld z d z d 8 NOA'ffl $ � i "1— ryL III�R1■■■}� 0 0 Jna�u,.tn ttttN'9 u 30 ix OFAINACEIOEASEMENT \ / i Y-DR iX � mrw wow l _-— popGS \ 4 \ i 1 \ 2 'I I t5 0 X 2 12 4 ORAINACE EASEMENT 11 16 'I J HOA 0 � i SO 10 I 17 _p CK - • 7 6 5 4 3' i I � I I I I � I �I F4 t g 5 6 4 f #i 28 P7 O 5. I-1 O o �h z I i WHEELER RIDGE PHASE 4 �! NOWLIN ROAD N ABANDONMENT