HomeMy WebLinkAbout2004-045ORDINANCE NO. c7W9 —
AN ORDINANCE BY THE CITY OF DENTON ABANDONING AND VACATING A
PORTION OF STREET RIGHT-OF-WAY TO THE CITY OF DENTON, TEXAS RECORDED
IN CLERK'S FILE NO.2003-R0018777 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS, BEING PART OF THE H.H. HAYGOOD SURVEY, ABSTRACT NO.
517; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Carmen Investments Inc., has made a request to the City Council of
the City of Denton, Texas to abandon a portion of street right-of-way containing
approximately 0.165 acre of land and located in Country Club Village, an addition to the
City of Denton, Texas, according to the plat thereof and being recorded in clerk's file no.
2003-R0018777 of the Real Property Records of Denton County, Texas and a more particularly
described in Exhibit "A" and illustrated in Exhibit `B", attached hereto and made a part
hereof by reference (the "Street Right -of -Way"); and
WHEREAS, the City of Denton Engineering Department has reviewed the right-
of-way abandonment application and determined that the Street Right -of -Way, all of
which is located within a traffic island, is not needed for future street purposes; and,
WHEREAS, the City Council hereby finds and determines that the Street Right -
of -Way is not needed for street purposes and it is in the public interest to abandon the
Street Right -of -Way and the City's interests therein to the underlying fee owner, Carmen
Investments, Inc. ("Owner"); 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. The Street Right -of -Way is hereby
permanently abandoned with all of the City's right, title and interests being quit claimed
to the Owner. A certified copy of this ordinance may be recorded in the Real Property
Records of Denton County, Texas to evidence this abandonment and quit claim.
SECTION 2. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the /11#i day of 2004.
EULWE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L.
PRRJUTY, CIT ATTORNEY
BY:
Page 2
EXHIBIT A'v
PROPERTY DESCRIPTION
STATE OF TEXAS:
COUNTY OF DEMON:
BEING a tract of land situated in the H.H. Haygood Survey, Abstract No. 517. City of Denton,
Denton County, Texas, being a portion of Fairway Drive right-of-way as dedicated by the final
plat of COUNTY CLUB VILLAGE, PHASEI-A, an addition to the City of Denton, Denton
County, Texas as recorded in Cabinet U, Slide 662 of the Plat Records of Tarrant County, Texas
and being more particularly described as follows:
COMMENCING at a 1/2" rebar capped set at the intersection of the southeasterly line of US.
Highway No. 377 (Called 120' R.O.W., adjoining R.O.W. per Volume 288, Page 483, DROCT),
with the northeasterly line of said Fairway Drive (100' R.O.W. at this point);
THENCE S 61'09'46" E. along the northeasterly line of said Fairway Drive, a distance of 35.50
feet to a point, from which a 1/2' rebar capped set bears S 61'09'46" E. 241.02 feet;
THENCE S 28'5014" W. departing the northeasterly line of said Fairway Drive, traversing said
Fairway Drive, a distance of 36.50 feet to the POINT OF BEGINNING of the herein described
tract of land;
THENCE traversing said Fairway Drive. as follows:
S 61'09'46" E, a distance of 232.53 feet to the point of curvature of a circular curve to the
right, having a radius of 48.00 feet;
Southeasterly, along said curve, having a central angle of 44 '02'55", an arc distance of
36.90 feet and a chord that bears S 39'08'18" E. 36.00 feet to the point of curvature of a
non compound circular curve to the right, having a radius point that bears N 15*1241" W.
48.00 feet;
Northwesterly, along said curve, having a central angle of 44*0255", an arc distance of
36.90 feet and a chord that bears N 03'Si'i4" W. 36.00 feet to the point of tangency;
N 61'09'46" W. a distance of 232.53 feet to the point of curvature of a circular curve to
the right, having a radius of 13.50 feet;
Northeasterly, along said curve, having a central angle of SBO'00'00", an arc distance of
42,41 feet and a chord that bears N 2B'50'14" E. 27.00 feet to the POINT OF
BEGINNING and containing 7.184 square feet or 0165 acre of land.
NOTE:
Bearings are referenced to the final plat of County Club Village. Phase I -A. recorded in Cabinet
U. Slide 862 of the Plat Records of Denton County, Texas.
I
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