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Home My WebLink About2005-005ORDINANCE NO. 6gO0J - 400 AN ORDINANCE OF THE CITY OF DENTON ABANDONING AND VACATING A 0.322 ACRE STREET RIGHT-OF-WAY EASEMENT TRACT AND A 0.126 ACRE UTILITY EASEMENT TRACT, BOTH DEDICATED TO THE CITY OF DENTON, TEXAS BY THE DREAMLAND ADDITION PLAT, RECORDED IN VOLUME 6, PAGE 12 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton has received a request from the underlying fee simple owner, The City Of Denton Housing Corporation, for the abandonment of 0.322 acre street right-of-way tract and for the abandonment of a 0.126 acre utility easement tract, both being particularly described and depicted in Exhibits "A" and "B" attached hereto and made a part hereof by reference (the "Abandonment Area"); and, WHEREAS, staff has reviewed the requested abandonment of the Abandoned Area and has recommended approval subject to the granting to the City of an access easement to a City park as provided for herein; and, WHEREAS, the City Council of the City of Denton, Texas has determined, subject to the requirements contained herein, that it is in the public interest to abandon the Abandonment Area and the City's interest therein to the underlying fee owner, The City Of Denton Housing Corporation ("Owner"); and, WHEREAS, notwithstanding any of the above, the City of Denton hereby retains all easement and street right-of-way rights in all other easements and street rights -of -way tracts, whether conveyed by other instruments or by plat, in which the easement tracts described for abandonment herein cross and or overlap; NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS: SECTION 1. The recitations and findings contained in the preamble of this ordinance are incorporated herein by reference. SECTION 2. Subject to the requirements for an access easement as provided herein, the Abandonment Area in hereby permanently abandoned with all of the City's right, title and interests being quit claimed to the Owner. Prior to the abandonment and quitclaim taking affect, the Owner shall grant to the City a 12 foot wide bikeway/walkway public access easement across Owner's property between Ruddell Street and Phoenix Park at a location mutually agreed to by the City and the Owner. Upon the granting of the access easement to the City the City Manager or his designee is authorized to execute and deliver to the Owner a quitclaim deed in recordable form evidencing the abandonment and quitclaim. SECTION 3. This ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the day of 12005. ATTEST: JENNIFER WALTERS, APPROVED AS TO HERBERT L. PRK SECRETARY SAL FORM: CITY ATTORNEY Page 2 DENTON HOUSING CORP. MG04338 FIELD NOTES EXIMIT A 20' UTIIdTY EASEMENT ABANDONMENT 11-30•04 AMW Being a 0.126 acre tract of land out of the Hiram. Sisco 320 acre Survey, Abstract No. 1184, DouLon County, Texas, and being part of that certain 12.5795 acre tract of land described in a deed to The City of Denton Housing Corporation as recorded in Volume 971, Page 141, of the Deed Records, Denton County, Texas, and part of the same being known as Dreamland Addition, an addition to the City of Denton, Denton County, Texas, according to the plat recorded in Volume 6, Page 12, of the Plat Records of Denton County, Texas, said 0.126 acre tract being more particularly described by metes and bounds as follows; COMMENCING at a 3/8-inch iron rod found for the northwest comer of said 12.5795 acre tract, lying in the north right of way line of Hickory Street (a variable width KO W), also being the Southwest corner of Lot 5, Block C, of the Fourth Replat of the R.A. Kirksieck Addition, an addition to the City of Denton according the Final Plat recorded in Volume 5, Page 52, of the Plat Records of Denton County, Texas; THENCE South 01 degrees 03 minutes 52 seconds East, along the west line of said 12.5795 acre tract, also along the east line of Solomon Hill Addition an addition to the city of Denton, a distance of 510.00 feet, to a point for comer, said point being the Northwest corner hereof and the POINT OF BEGINNING of the herein described 0.126 acre tract; THENCE North 89 degrees 29 minutes 30 seconds East, over and across said 12.5795 acre tract, a distance of 274.44 feet, to a point for the northeast corner hereof lying in the east line of said 12,5795 acre tract; THENCE S 01° 03' 07" E, along the east line of said 12.5795 acre tract, 25.00 feet parallel and east of a 25.00 foot wide right of way dedication as shown on the Final Plat of said Dreamland Addition for a distance of 20.00 feet, to a point for the southeast comer hereof; THENCE South 89 degrees 29 minutes 30 seconds West, over and across said Dreamland Addition, a distance of 274.43 feet, to a point for the southwest corner hereof; THENCE North 01° 03' 52" West, along the west line of said 12.5795 acre tract, also along the east line of said Solomon Hill Addition, a distance of 20.00 feet, to the POINT OF BEGINNING and containing 0.126 (5,487 Sq Ft) gross acres of land, more or less. Adam Whitfiel Texas Registered Professional land Surveyor Registration No. 5786 _ 12 Date: December 02, 2004 SHEET 1 of 2 E)UMN A 20' UTILITY EASEMENT ABANDONMENT FOURTH REPLAT of LOT 4 POM OF R.A. KIRKSEICK VOL. 5. PG. 52 omwk 'Q]O LOT B gg D.R.D.C.T. BIER O MOOWNAN HOl1BBIG CORP. BIl(C [BASIS OF BEARING] , 25M N. BELL AVE. DEMON. TOMS 78200-INS 3/B' 3 W ,� I N89'29'30'E-274.55 1 ' I 1 HICKORY STREET I I I (VARME WIDTH R.O.W.) i F I i� 1 h Ij O II 1 I 1 1 3 DREAMLAND ADDITIOf* I DENTONCOUNfr�IMINAL VOL S FG.12 >s I 1 I P.R.D.C.T. I I , I I I L0T1. BLOCKA CABR�T M. PAGE 384 I c �' THE CITY OF DENT HOUSINGCORPORATI N P.R.D.C.T. VOL 971, PG.141 L g$ r I I NLUMfff D.R.D.C.T. I o}� fl2.5795AC.]1 j 1 ' L 1 1 I i �e9. LOT 2 1 POINT OF i Z BEGINNING LOT 3 o c N89°2930"E 274A4' 1 c$ I LOT S89"29'30'W274.43'..,".: m 1 I� 1 LOT 1 100 0 50 100 no aaslsoFBeAnlNnlsrr+eNORn+Laaoonwr (IN FEET) CALLED 12SMAC. DEBaOBED IN DEEDTO CITY 1Inch = 100% OF DERM HOUSIMi CORP. VOL On, Pa. 141. D.R.D.C.T. GRAPHIC SCALE �' mmmm am' Project: IEGO4358 Drawn by: PJK Consultants in Engineering Checked by: AMW and Planning Scale: 1 " = 100, SE MUr 2 OF 2 1406 W. O,.�mm Oebe, r000 s�om lm 7117 'iur4r4 14 W. M.pe , V'k E-0609 Fet i�40i161-7i1Y LEGEND • 1/z• RON Roo Fovea o ,/2" RON Rao SET o cuc1EATEn PDIM [ RECORD CALL DENTON HOUSING CORP. IEGO4358 FIELD NOTES EXHIBIT B 50' STREET RIGHT-OF-WAY EASEMENT ABANDONMENT 11-30-04 AMW Being a 0.322 acre tract of land out of the Hiram Sisco 320 acre Survey, Abstract No. 1184, Denton County, Texas, and being part of that certain 12.5795 acre tract of land described in a deed to The City of Denton Housing Corporation as recorded in Volume 971, Page 141, of the Deed Records, Denton County, Texas, and part of the same being known as Dreamland Addition, an addition to the City of Demon, Denton County, Texas, according to the Final Plat recorded in Volume 6, Page 12, ofthe Plat Records of Denton County, Texas, said 0.322 acre tract being more particularly described by metes and bounds as follows; COMMENCING at a 3/8-inch iron rod found for the southwest corner of said 12.5795 acre tract, also being the Northwest corner of Lot 1, Block A, of the Final Plat of Denton Housing Authority recorded in Cabinet T, Page 77 of the Plat Records of Denton County, Texas; THENCE North 01 ° 03' 52" West, along the west line of said 12.5795 acre tract, the east line of that certain tract of land described in a deed to the City of Denton as recorded in Volume 933, Page 705 and Page 715 of the Deed Records of Denton County Texas, a distance of 676.22 feet, to the POINT OF BEGINNING of the herein described 0.322 acre tract; THENCE North 010 03' S2" West, along the west line of said 12.5795 acre tract, the east line of said City of Denton a distance of 52.39 feet, to a point for the northwest corner hereof, THENCE South 73 degrees 41 minutes 05 seconds East, over and across said 12.5795 acre tract, a distance of 118.58 feet, to a point for corner, for the beginning of a curve to the left, having a radius of 175.00 feet, a chord which bears South 82 degrees 22 minutes 06 seconds East and a chord distance of 52.84 feet; THENCE along said curve to the left an arc length of 53.04 feet, to a point for corner, THENCE North 88 degrees 56 minutes 53 seconds East, over and across said 12.5795 acre tract, a distance of 108.85 feet, to a point for the northeast comer hereof, lying in the east line of said 12.5705 acre tract, THENCE S 01* 03' or E, along the east line of said 12.5795 acre tract, 25.00 feet parallel and east of a 25.00 foot wide right of way dedication as shown on said Dreamland Addition a distance of 50.00 feet, to a point for the southeast comer hereof; THENCE South 88 degrees 56 minutes 53 seconds West, over and across said Dreamland Addition and said 12.5795 acre tract, a distance of 108.85 feet to a point for comer, also being the beginning of a curve to the right, having a radius of 225.00 feet, a chord which bears North 82 degrees 22 minutes 06 seconds West and a chord distance of 67.94 feet; SHEET 1 OF 3 DENTIONHOUSING CORP. IEGO4358 11-30-04 AMW THENCE along said curve to the right an are length of 68.20 feet, to a point for comer, THENCE North 73 degrees 41 minutes 05 seconds West, over and across said 12.5795 acre tract, a distance of 102.93 feet, to the POINT OF BEGINNING and containing 0.322 (5,487 Sq Ft) acres of land, more or less. Adam Whitfiel Texas Registered Professional and Surveyor Registration No. 5786 =off_ ---- Date; December 02, 2004 SHEET 2 OF 3 EXEIIBIT B BALSOFBf#61NG57HENDRINNff0FTHATGWFDIlM O1f 0F°01f0N"D�'GDOBP- STREET RR-O..,W. E1S1�M'T �°� °� � D�� l'fl�ANDOl`LLYIGL`11 Diumall 1Y 911040 110.EAOMIY uR,.a9Dn s i woQrAKT. I coMMUNm `�$v PABBABFA i°M ... , . $F 4s"f - ml i N88'S8'53' OrvoFDENfox PC4 . Cl 10885 c NOTE: VOL9i1,PG.705 N DA0.GT. o Z . o c3 THE LOCATION OF THIS RIGHT 'P�41 0.322AC $ � �WOF TM OS DREAMLANDALEO PLAT FOR AN DIT06FG -_ C"'�-_ S88'S6 S3 W P? ADDITION �` APPROXMATE LOCATION. BH i 9O@.8S 1 M PLAT I �U. 12 j ZONE AE D.R0.GT. � / 1 •�_ VOL 917.M 724 D.R.D.C.T. N 1 �� • Nl 011'OFDENfON ml nI VDLSli3,PG.715 bl (1 q 1 DJMCT. 1 i n; DREAM[ANDADDMON VOL 6PG. 12 g P.RD.CT. 01 I1 Zi [125795AC.] THECRYOFDENION 11 '— HOUSING CORPORATION a 1 VOL 971, PG.141 I D.RD.U. 1 1 I n. >'I �I, g 1 HIRAM SISCO SURVY � POINTOF ABSTRACT NO. 1184 COBAMBNC'ING IL 1I APPROXIMATE LOCATION [ 3/9' MFT J. BROCK SURVEY 11` ABSTRACT NO. 1471 FRULPIATOF LOT1-BLNA DEMON HOUSINGAUDNIMY UIB.T,EG.7! PJU).CT. CITY OF DENTON EASEMENT 506. PG. 104 AND VOL 995, PG. 619 DENIDNCOUNIY A tMAWtuIWN DJLD.CT. CURVETABLE CURVE I DELTA I LENGTH RADIUS I CHRDBRG I CHORD Cl 1 17 53.04 1 175.00 1 S82,22orE 1 52.84 C2 68.20 1 225.00 67.94 Protect: IEGO4358 Drawn by: PJK Checked by: AMW Scale: 1" m 100' Men. 22500N. OELLNAVE,, DEMON, TEXAS 7SM-1998 SHM3OF3 ,oD o so TOD L� (IN FEET) I Inch= 10ft LEGEND 0 1/2- WN ROD FOUND 0 1/2" IRON ROD SET A cALcumm PDINT [I RECORD CALL