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Home My WebLink About2005-0565:\Our Documents\0rdinances\05\MitcheJ1 ROW Abandonment Ordinance.DOC ORDINANCE NO. o?405= VJ�p AN ORDINANCE APPROVING AN ABANDONMENT OF STREET RIGHT-OF-WAY FOR A PORTION OF WOODROW LANE ADJACENT TO A 0.510-ACRE TRACT OF LAND AS DESCRIBED IN DEED FROM THOMAS W. WHILTLOCK TO WILLIAM L. MITCHELL, II, AND DAVID J. MORAINE, AS RECORDED UNDER CLERK'S DOCUMENT NUMBER 2004-1871, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING LOCATED IN THE J. BROCK SURVEY, ABSTRACT NUMBER 55, DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, William L. Mitchell, 11 and David J. Moraine have made a request to the City Council of the City of Denton, Texas to abandon a portion of Woodrow Lane containing approximately 0.003 acre of land as more particularly described in Exhibit "A" and illustrated on Exhibit "C" attached hereto and made a part hereof by reference (the "Abandoned Area") that lies adjacent to a 0.510 acre tract of land as described in deed from Thomas W. Whiltlock to William L. Mitchell. II, and David J. Moraine (the "Adjacent Owners"), as recorded under Clerk's Document Number 2004-1871, Real Property Records, Denton County, Texas (the "Adjacent Property"); and WHEREAS, the City of Denton Engineering Department has reviewed the abandonment request and has determined that the Abandonment Area is not needed for current or future street purposes; and WHEREAS, the Adjacent Owners have made application for final plat ("Final Plat") approval of the Adjacent Property; and WHEREAS, the Planning and Zoning Commission ("P&Z") granted the Adjacent Owners a variance to the City's subdivision regulations to reduce the right-of-way requirement for Woodrow Lane from a 55 foot right-of-way to a 40 foot wide right-of-way; and WHEREAS, the City Council hereby finds and determines that the Abandonment Area is not needed for street purposes and it is in the public interest to abandon the Abandonment Area, if and when the Variance Request is approved, and upon payment by the Adjacent Owners to the City of the fair market value of the Abandonment Area as determined by an appraiser obtained by the City; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION L The findings and recitations contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. The Abandonment Area is abandoned upon the occurrence of the following conditions precedent (the "Conditions Precedent"): a. The Final Plat is approved; and b. The Adjacent Owners pay to the City the fair market value of the Abandonment Area as determined by an appraiser obtained by the City Manager or his designee. SECTION 3. Once the City Manager or his designee determines that the Conditions Precedent have been fulfilled, he is authorized to execute and deliver to the Adjacent Owners a quit claim deed, quit claiming unto the Adjacent Owners all of the City's right, title and interest in and to the Abandonment Property, in substantially the same form as the quit claim deed attached hereto and made a part hereof as Exhibit "C" (the "Quit Claim Deed"). The execution and delivery of the Quit Claim Deed shall evidence that the Conditions Precedent have been fulfilled and the abandonment of the Abandonment Property is complete. SECTION 4. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the 6 day of k ' 2005. EULINE BROCK, MAYOR ATTEST: JENNIFER WALTERS, CITY SECRETARY BY: APPR ED AS O LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY Ow Page 2 EXHIBIT "A" RIGHT-0F4NAY ABANDONMENT FIELD NOTES 0.003 ACRE BEING all that certain lot, tract or parcel of land situated in the J. Brock Survey Abstract Number 55 in the City of Denton, Denton County, Texas, being a part of Woodrow Lane right-of-way and being adjacent to that certain tract of land conveyed by deed to William L. Mitchell, II and David J. Moraine recorded under Document Number 2004-1871, Real Property Records, Denton County, Texas, and being more particularly described as follows: BEGINNING at an iron rod found for comer in the east line of Woodrow lane, a public roadway having a right -of -ray of 80.0 feet, said point being the southwest carrier of Buchanan Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet S, Page 145, Plat Records, Denton County, Texas; THENCE S 010 07' 42" E, 80.31 feet with said east line of said Woodrow Lane to an iron rod found for corner, THENCE S 01" 27' 03" W, 74.62 feet with said east line of said Woodrow lane to an iron rod found for comer, said point being the northwest comer of Shyster Addition, an addition to the City of Denton, Denton County, Texas according to the plat thereof recorded in Cabinet Q, Page 242, Plat Records, Denton County, Texas; THENCE N 00" W 50" E, 164.90 feet to the PLACE OF BEGINNING and . containing 0.003 acre of land. J. BRO1CK SUky'rY A-ST U , C O 3 w a . W c u 6 ti LOT I, BLOCK 1 BUCHANAN ADDITION . CAB. $ PG. 145 P.R.O.C.T. i i i A' , 7 i J � 10 i S ' , p - THOMAS W. WHK TL OCK Lo - WILLIAM L. MITCHELLY AID J. MORAhe 00C. J2004— R.D.C.T..7877 - - i R . , i i i i , i , a � a i 16' P.U.E. v �~ 1 a � 9 1 &'967.7- 40,0' 'O sup - i L ST1 BLOCK A SH E1, AODATMW B. C PG. 142 - aan 1 - 4238 1-35 NORTH DENTON, TEXAS, 76207 URV NCO&S, 'INC, FAX (940) 387-9184 EXHIBIT "C" QUIT CLAIM DEED THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State of Texas (the "Grantor"), in consideration of the sum of Ten Dollars and No Cents ($10.00) and other good and valuable consideration in hand paid by the William L. Mitchell, II and David J. Moraine of the County of Denton, State of Texas (the "Grantee"), the receipt of which is hereby acknowledged, does by these presents, QUIT CLAIM unto Grantee, its successors and assigns, all its right title and interest in and to that certain tract or parcel of land containing approximately 0.003 acre lying in the City of Denton, County of Denton and State of Texas, described in Exhibit "A" and illustrated in Exhibit `B" attached hereto and made a part by reference (called the "Property"). TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or assigns shall have, claim or demand any right or title to the Property or appurtenances or any part thereof. Witness my hand, this the day of 2005. CITY OF DENTON, TEXAS 10 Michael A. Conduff City Manager ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: HERBERT L. PROUTY, CITY ATTORNEY mm SdOur Documents\Contracts\05\Mitchell Quit Claim Deed.doc ACKNOWLEDGMENT THE STATE OF TEXAS COUNTY OF DENTON This instrument was acknowledged before me on 2005 by Michael A. Conduff, City Manager, of the City of Denton, Texas, on behalf of said city. Notary Public, in and for the State of Texas. My Commission Expires: Page 2