HomeMy WebLinkAbout2000-058F \SHARED\DEPT\LGL\Our Documents\Ordinances\00\Parkway abandonment doc
ORDINANCE NO AW'-OW
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING
THAT CERTAIN STREET RIGHT-OF-WAY BEING APPROXIMATELY 0 213 ACRE OF
LAND AND BEING A PORTION OF THE RIGHT-OF-WAY FOR PARKWAY STREET
LOCATED AT THE SOUTHEAST CORNER OF SAID STREET AND CARROLL
BOULEVARD IN THE W NEIL SURVEY ABSTRACT NUMBER 971 IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS, RESERVING A UTILITY EASEMENT,
PROVIDING FOR A QUIT CLAIM DEED, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton has received a request for abandonment of certain street
right-of-way from Northstar Bank, the owner of property abutting said right-of-way, and
WHEREAS, the City Council of the City of Denton has determined that the right-of-way
to be abandoned is no longer needed for street usage, and
WHEREAS, the City Council finds that the proposed abandonment and sale falls under
the bid exemptions set forth in Subsections 271 001(1)&(2) of the Local Government Code, and
WHEREAS, the fair market value of the street right-of-way has been determined and
received by the City as required by Section 271 001 of the Local Government Code, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The street right-of-way being approximately 0 213 acre of land and being a
portion of the right-of-way for Parkway Street located at the southeast corner of said street and
Carroll Boulevard as more particularly described in Exhibit "A" attached hereto by reference
(called the "Property") is hereby abandoned and vacated as street right-of-way for public use,
provided however, there is hereby reserved in the Property, a public utility easement for the
purpose of constructing, reconstructing, repairing, and maintaining underground utility and
drainage facilities, and further subject to a restrictive covenant running with the Property
prohibiting the building or construction of any buildings within the Property or any other
structures that may impair the use of the Property for underground utility and drainage facilities
and further prohibiting the removal of any existing trees on the Property without first obtaining
the written consent of the City of Denton, Texas
SE TIO By reason of this abandonment ordinance, the Property reverts to the abutting
owner, subject to the above mentioned reserved utility easement and restrictive covenant
However, the City Manager is hereby authorized to execute a quit claim deed to the abutting
owner which is consistent with the terms of this ordinance
SECTION 3 This ordinance shall become effective immediately upon its passage and approval
Page 1
F \SHARED\DEPT\LGL\Our Documents\Ordinances\00\Parkway abandonment doe
PASSED AND APPROVED tlus the 10day of
2000
ATTEST
JENNIFER WALTERS, CITY SECRETARY
By AM A41
APPROVED AS TO LEGAL FORM
z
Page 2
JACI I ER, MAYOR t
9911317a
FIELD NOTES
0.213 ACRE
BEING all that certain lot, tract or parcel of land situated in the W Ned Survey
Abstract Number 971 in the City of Denton, Denton County, Texas, being a part
of that certain tract of land designated as right-of-way on the south side of
Parkway Street, a public roadway having a variable width right-of-way, and
being more particularly described as follows
BEGINNING at an iron rod found for corner in the south line of said Parkway
Street and east line of Carroll Boulevard, a public roadway, said point being the
northwest corner of Lot 1, Block A, of Northstar Bank Addition, an addition to the
City of Denton, Denton County, Texas according to the plat thereof recorded in
Cabinet Q, Page 290, Plat Records, Denton County, Texas,
THENCE N 010 34' 08" E, 57 05 feet with said east line of said Carroll Boulevard
to an iron rod set for corner in the proposed south line of said Parkway Street,
THENCE along the arc of a curve to the right having a central angle of 19° 36'
10", a radius of 600 00 feet, an arc length of 205 28 feet, whose chord bears S
80° 19' 59" E, 204 28 feet with said proposed south line of said Parkway Street
to an iron rod set for corner,
THENCE S 01 ° 06' 32" W, 22 73 feet to an iron rod found for corner, said point
being the northeast corner of said Lot 1, Block A, of said Northstar Bank
Addition,
THENCE WEST, 202 50 feet with the north line of said Northstar Bank Addition
to the PLACE OF BEGINNING and containing 0 213 acre of land
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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 one dollar ($1 00) and no cents and
other good and valuable consideration in hand paid by the Northstar Bank 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 lying in the County of Denton and State of
Texas, descnbed in Exhibit "A" attached hereto and made a part by reference (called the
"Property"), subject to the reservation of a public utility easement for the purpose of
constructing, reconstructing, repairing, and maintaining underground utility and drainage
facilities, and further subject to a restrictive covenant running with the Property prohibiting the
building or construction of any buildings within the Property or any other structures that may
impair the use of the Property for underground utility and drainage facilities (called
"Reservations and Restrictions")
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, save and except the Reservations and Restrictions
Witness my hand, this the � day of Y 2000
CITY OF DENTON, TEXAS
By ///.
MicTiael W ez, City anager
ACKNOWLEDGMENT
THE STATE OF TEXAS §
COUNTY OF DENTON §
This instrument was acknowledged before me oX 2000 by
Michael W Jez, City Manager, City of Denton
Notary Public, in afid for a State of Texas
f ANNORBYTHE M CEx Tres J`—--fi2
Notary of Taxes
My p
My commission born
MAY 9, 2002
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