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1998-045AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING PRESCRIPTIVE STREET RIGHT-OF-WAY EASEMENTS TO THE PORTIONS OF BLAGG AND TRINITY ROADS LOCATED IN THE LAKEVIEW RANCH ADDITION, PHASE 1, PROVIDING FOR THE REVERSION OF THE FEE IN SAID LAND, AND DECLARING AN EFFECTIVE DATE WHEREAS, a proposed final plat for the Lakevlew Ranch Addition designates street rights-of-way in such addition which will enhance traffic flow in this addition and nelghbonng subdivisions if prescriptive right-of-way easements for Blagg and Tnmty Roads are vacated and abandoned, and WHEREAS, the abandoment of Blagg Road as it affects Lots 5 and 6, Block 9 and Tnmty Road as it affects Lots 6 and 18, Block 8 and Lots 23 and 24, Block 9 of the proposed final plat for Lakevlew Ranch Adchtlon, is appropriate since such roadways are not useful to the City and not required by public convenience and necessity, and WHEREAS, TEX LOC GOV'T CODE SEC 272 001 provides that interests in land may not be sold or exchanged for less than market value unless the sale or exchange is with abutting property owners who own the underlying fee simple, and WHEREAS, the applicable portions of Blagg and Tnmty roads being considered for abandonment per the proposed final plat for Lakemew Ranch Adchtlon are owned by abutting property owners who own the underlying fee simple and the new rights-of-way to be dedicated to the City of Denton by such addition are required by public convenience and necessity and are valued in excess of the right-of-way for Blagg and Tnmty roads, NOW THEREFORE THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS ~ That the prescriptive rights-of-way for Blagg Road as it affects Lots 5 and 6, Block 9, and Tnmty Road as it affects Lots 6 and 18, Block 8 and Lots 23 and 24, Block 9 of the proposed final plat for Lakemew Ranch Addition, such rights-of-way being more particularly described m Exbablt "A", which is attached hereto and made a part hereof for all purposes, are abandoned and vacated as public streets ~ That by operation of law the City of Denton's property interest in the street rights-of-way herein abandoned and vacated shall revert to the abutting property owner, whether one or more, and the City of Denton hereby releases all clmms to the use of the property for street purposes, upon the filing of the final plat of the Lakevlew Ranch Adchtlon m the Denton County Plat Records, without the payment of compensation in consideration for the additional rights-of-way to be dedicated to the City of Denton pursuant to such final plat SECTION III That th~s orchnance shall become effective ~mmechately upon its passage and approval PASSED AND APPROVED thru the ~__~day of/~/.,(gT~, 1998 , ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY \\CH LGLWOLl\shar~d\dept~LGL\Our Documents\Ordmancos\98~Abandonment doc ~EXH~BIT ~ ALL that certain lot, tract or parcel of land lying and being situated in the City and County o£ Denton, State of Texas in the M. Forrest Survey, Abstract ~,mher 417 and being more particularly described as £ollows~ TRACT I - BLAGG ROAD All that portion of the prescriptive right-of-way of Blagg Road as it &£feots the entirety of Lots 5 & 6, Block 9, Lakeview Ranch Addition, Phase 1. TRACT 2 - TRINITY ROAD All that portion of the prescriptive right-o£-way o£ Trinity Road as it e£fects the entirety of Lots 6 & 18, Block 8 and Lots 23 & 24, Block 9, Lakaview Ranch Addition, Phase 1. Page 1 of 3 Exhibit A EXHI BI T ~I'LICHIITER/~ON OF TRI N[ TY ROAD ABANDONMENT EX TRINTY RD ~ J ABANDONED BY THIS PLAT ............. S87'22~41'E 763.08' EX TRINITY RD I I ~j I I I I ~ ~Jl i I I I ~ I I ~ I I 2~ ~ ~1 24 I J 25 ~ I J J ~ I I ~ ~Jl I I J I ~ I I I I ~ ~1~ I ~ ~ I I I I ~ ~1~ I I ..... L.L .... ~._~ .... ~ ---~ ~ ..... ~ T-- ~ I I 4 I I I',J',~ ~ I I 7 I I g I I I I 5 t~,J:~ I I I I .... ._.. .... .._~ .... ~ ___~} ..... L ~__ -'--F'T ..... r ~ .... ~ --}-~ ..... T ~--- ' I ,~ e ~ SHETLAND DR (60'R O', ........... ...... Page 2 of 3 Exhibit A EXHI BI T OF BLAGG ROAD ABANDONMENT /'""'i ~, ~'- IIIIW LIQ-KJTER/]AMESON EXi BLAGG RD '-. ', ABANDONED " I- - -' " THIS PLAT 25 DRAIN E I Page 3 of 3 0172[ CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON CITY OF DENTON I, the undersigned C~ty Secretary of the C~ty of Denton, Texas, (the "Ctty") DO HEREBY CERTIFY that according to the records of the City of which I am custodian, that the attached ~s a tree and accurate copy of Ordinance No 98-045 as approved by the Cl~y of Denton C~ty Council on February 17, 1998 TO CERTIFY WHICH, w~tness my official signature and the seal of smd Clty, thls the 20th day of February, 1998 CIT~,~SECRt~ARY CITY~0F DENTON, TEXAS 017£5 ORDINANCE NO ~' AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING PRESCRIPTIVE STREET RIGHT-OF-WAY EASEMENTS TO THE PORTIONS OF BLAGG AND TRINITY ROADS LOCATED IN THE LAKEVIEW RANCH ADDITION, PHASE 1, PROVIDING FOR THE REVERSION OF THE FEE IN SAID LAND, AND DECLARING AN EFFECTIVE DATE WHEREAS, a proposed final plat for the Lakewew Ranch Addition designates street rights-of, way ~n such addltton which will enhance traffic flow ~n th~s addltton and ne~ghbonng subdlwsmns if prescriptive right-of-way easements for Blagg and Tnmty Roads are vacated and abandoned, and WHEREAS, the abandonment of Blagg Road as it affects Lots 5 and 6, Block 9 and Tnmty Road as ~t affects Lots 6 and 18, Block 8 and Lots 23 and 24, Block 9 of the proposed final plat for Lakewew Ranch Addition, is appropriate smce such roadways are not useful to the C~ty and not reqmred by pubhc convenience and necessity, and WHEREAS, TEX LOC GOV'T CODE SEC 272 001 prowdes that mterests in land may not be sold or exchanged for less than market value unless the sale or exchange ~s w~th abutting property owners who own the underlying fee s~mple, and WHEREAS, the apphcable portions of Blagg and Tnmty roads being considered for abandonment per the proposed final plat for Lakevlew Ranch Addmon are owned by abutting property iowners who own the undorlymg fee s~mple and the new rights-of-way to be dedicated to the C~ty of Denton by such add~tton are reqmred by pubhc convemenc¢ and necessity and are valued m excess of the right-of-way for Blagg and Tnmty roads, NOW THEREFORE THE COUNCIL OF THE CITY DENTON HEREBY ORDAINS 8~CTION I That the prescriptive rights-of-way for Blagg Road as it affects Lots 5 and 6, Block,9, and Tnmty Road as tt affects Lots 6 and 18, Block 8 and Lots 23 and 24, Block 9 of the proposed final plat for Lakewew Ranch Addmon, such rights-of-way being more particularly described ~n Extublt "A", whtch ~s attached hereto and made a part hereof for all purposes, are abandoned and vacated as pubhc streets SECTION II That by operation of law the C~ty of Denton's property ~nterest in the street nghts~ofrway hereto abandoned and vacated shall revert to the abutting property owner, whether one or more, and the C~ty of Denton hereby releases all clams to the use of the property for street purposes, upon the fihng of the final plat of the Lakewew Ranch Addmon m the Denton County Plat Records, w~thout the payment of compensation in consideration for the add~ttonal rights-of, way to be dedicated to the C~ty of Denton pursuant to such final plat [~03~ 01726 SECTION III That th~s ordinance shall become effective ~mmed~ately upon ~ts passage and approval ~^ss~ ~ ~e~ow~ ~ ~ ~d~ o~ ~~ ~99~ ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY \\CH LGL\VOLl%shared\d~pt~LGL\Our Doeum~nts\Ordmances\98~Abandonment doc 01727 ~EXHIBIT A" ALL that certain lot, tract or parcel of land lying and being situated in the City end County of Denton, State of Texas in the M. Perfect Survey, Abstract ~,~ar 417 and being more particularly described as follows: TRACT i - SLAG9 ROAD All that portion of the prescriptive right-of-way of Blagg Road as it affects the entirety of Lots 5 & 6, Block 9, Lakeview Ranch Addition, Phase 1. TRACT 2 - TRINITY ROAD All that portion of the prescriptive right-of-way of Trinity Road as it affects the entirety of Lots 6 & 18, Block 8 end Lots 23 & 24, Block 9, Lekeview Ranch Addition, Phase 1. Page 1 of 3 b, 01'7£8 Exhibit A EXHI BI T mm'uQ-mrr~.~oN OF TRI NI TY ROAD ~_,.-~4..,~-,-~.,._ ABANDONMENT EX TRINTY RD-- J] ABANDONED BY I I I J ~~ I I I I I I I I i I I I 21 I I 22 J J 23 ~L , 24 I I 25 I I I ~ I I I ,__,, ,, , ,, I I I I I I I ~ I I I I I I~ I I I --Z ~ .I I. L ....~ ~ J_ L .... I I I I',i~ ~ ~ I I I ~ I I I I I I I I I ]II ~1 4 II 5 I: ', I', ', ~ 6 ~1 7 I II ~ I I I',', ~ ~ I ~ I I I',' ~ I I ' ~ I I J.i [ ~ I ' ~ I I I ~ I I I ~ I I I ~ 20 I 19 I I I I I ~ I I I I I I ~ I I I I I I I ~ I I I ~ 0 ;~ SHETLAND DR (SO'ROb, Pago 2 of 3 Exhibit A ~031~ 0 I 7 ~9 EXH! BI T OF BLAGG ROAD ABANDONMENT / / i . I EX. BLAOO RD '-, I ANDONED " I 5 THIS PLAT ',, ", I I 25' DRAIN ESMT I 6 I ....................... (60' R.O.W.) LAKEVlEW BLVO, ~ i ' ............................. --G- ........ ......... --' _- -_- _-_- _-_- _-_' _-_' --"-' --'-' --'-' ---' ---' ---'~ ; '_'__~____ ..................... Page 3 of 3