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