Loading...
1998-369 OROIN CENO AN ORDINANCE ABANDONING A 0 276 ACRE OF LAND CONSTITUTING SURPLUS STREET IRIGHT-OF-WAY AND BEING A PORTION OF AVENUE D, FROM EAGLE DRIVE ~ DISTANCE OF 190 FEET SOUTH TO THE CONNECTION BETWEEN AVENUE E AND AVENUE D, AND PROVIDING AN EFFECTIVE DATE WHEREAS, the C~ty of Denton has received a request from the Umvers~ty of North Texas, J R Toledo and Mlrm Corporation for abandonment of a 0 276 acre of land constituting surplus street right-of-way resulting fi.om the redes,gn of Avenue D and construction of a new connection for Avenue E and Avenue D, and WHEREAS, the Planmng and Zoning Commission of the City of Denton, Texas reviewed the requested abandonment and recommended approval, and WHEREAS, the Council of the City of Denton, Texas has determined that the street right-of-way easement described m Exlublt "A" is no longer needed for pubhc use, and WHEREAS, that the process for determmmg the fair market value of the surplus street right-of-way above, as applicable, pursuant to Section 272 001 of the Texas Local Government Code relating to the conveyance of easements to abutting property owners who own the underlying fee simple, shall be followed ,n effectuating th~s abandonment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS St~CTION I That the 0 276 acre of land constituting surplus street right-of-way as descnbedlm Exlublt "A", which is attached hereto and made a part hereof for all purposes, and commonly known as that portion of Avenue D from Eagle Drive a distance Of 190 feet south to the new donnectlon of Avenue E and Avenue D, ~s hereby permanently vacated and abandoned as a stree~ right-of-way easement SECTION II That by reason of such vacation, the City of Denton's property interest in the vacated pomon of smd easement shall, by operation of law, revert to the owner or owners abutting the street right-of-way easement here~n abandoned, and the City of Denton releases any and all claans to the use of the vacated port~on of smd property as public easement $~CTION IH That this ordmance shall become effective ~mmedlately upon its passage and approval JACK~ER,'MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 EXI-IIBIT "A" STI~ET ABANDONMENT PARCEL 3 SCALE 1' = 100' 10 38 83' 7.55' EAGLE DRIVE ~' ~=03'54'18' R=200 O0 L=13.65 T=6.82 ..LS SET L C =N 84.'37'58" E 13 63 PAECEL NO 3 55.00' ~=01'38'4,7" R=34,0,00 L=9.77 ,o~ ~, p..~.~ ,~.,~ -'. ~/a' T=4,89 L C,=N 34'08'05" W 9,77 DUNAWAY ASSOC~TES, Inc JULY 1~, 1998 EXHIBIT 'A' STREET ABANDONMENT PARCEL 3 PROPERTY DESCRIPTION Being a 0 276 acre tract of land situated In the E Puchalskl Survey, Abstract No 996, Denton County, Texas and said tract being a portion of Avenue O and being more portlculaHy described by metes and bounds as follows Beginning at a 5/8" iron pln sst at the Intersection of the south right-of-way hns of Proposed Eo le Drive realignment and in the east right-of-way line Avenue D, sold polnt also bears soguth 05'21'12" East, o distance of 1500 feet from the south right-of-way line of Eagle Drive. Thence South 0321'12' East. along sold ecst right-of-way line of Avenue D. a distance of 204"74" feet to o 1/2' Iron pin found, Thence South 87'01'57" West. o distance of 55 O0 feet to a 5/8" iron pin set In the easterly right- of-way line of Proposed Avenue 0 reollgnment and sold, p.olnt clso being Ina curve to the left whose radius is `34"0 O0 feet and long chord bears North `34"'08 05 West, 9 77 feet, Thence along said easterly rlght~of~-.way line and along said curve in a northwesterly direction through a central angle of 01'58 4,7 , an arc length of 9 77 feet to a 5/8" iron pin set, Thence North 0;521'12" West, along the west right-of-way line of Avenue D, a distance of 185 45 feet to a 5/8" iron pin set in the south right-of-way llne aforementioned Proposed Eagle Drive realignment and said po?[.being In a curve to the right whose radius Is 200 O0 feet and long chord bears North 84 ;57 58 East, 15 6.3 feet, Thence along said south right-of-way Ilne and along said curve In a northeasterly direction through a central an~le of 05'54"'18', an arc length of 1.3 6.3 feet to a P-K na~l set, Thence North 86'35'11" East, continulng along said south right-of-way line, a dmtance of 7 55 feet to a P-K nall set, Thence North 0521'12" West, a distance of 1000 feet to a P-K nail set, Thence North 86'`35'11" East, continuing along sald south rlght-of-woy line. a distance of .38 8.3 feet to the Point of Beginning and containing 12,0.36 square feet or 0 276 acre of land DUNAWAY ASSOCIATES, Inc DATE JULY 15, 1995 216 016 0 CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS 10 ; 6o COUNTY OF DENTON CITY OF DENTON I, the undersigned Deputy City Secretary of the City of Demon, Texas, (the "C~ty") DO HEREBY CERTIFY that according to the records of the C~ty of which I am a custodian, that the attached ~s a true and accurate copy of Ordinance No 98-369 as passed and approved by the City of Denton City Council on November 3, 1998 TO CERTIFY WHICH, witness my official signature and the seal of sa~d C~ty, th~s the 10th day of November, 1998 I~PUTY CITY SECRETARY CITY OF DENTON, TEXAS 5216 01651 O I ANCENO AN ORDINANCE ABANDONiNG A 0 276 ACRE OF LAND CONSTITUTING SURPLUS STREET RIGHT-OF-WAY AND BEiNG A PORTION OF AVENUE D, FROM EAGLE DRIVE A DISTANCE OF 190 FEET SOUTH TO THE CONNECTION BETWEEN AVENUE E AND AVENUE D, AND PROVIDiNG AN EFFECTIVE DATE WHEREAS, the City of Denton has recmved a request from the Umvers~ty of North Texas, J R Toledo and Mlral Corporatmn for abandonment of a 0 276 acre of land constituting surplus street right-of-way resulting from the redesign of Avenue D and construction of a new connection for Avenue E and Avenue D, and WHEREAS, the Planning and Zoning Commission of the City of Denton, Texas rewewed the requested abandonment and recommended approval, and WHEREAS, the Council of the C~ty of Denton, Texas has determined that the street right-of-way easement described m ExhiNt "A" is no longer needed for pubhc use, and WHEREAS, that the process for determining the fmr market value of the surplus street right-of-way above, as applicable, pursuant to Section 272 001 of the Texas Local Government Code relating to the conveyance of easements to abutting property owners who own the underlying fee simple, shall be followed m effectuating this abandonment, NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS i~ That the 0 276 acre of land constituting surplus street right-of-way as described m Exhibit "A", which is attached hereto and made a part hereof for all purposes, and commonly known as that portmn of Avenue D from Eagle Drive a d~stance 0f 190 feet south to the new connection of Avenue E and Avenue D, is hereby permanently vacated and abandoned as a street right-of-way easement ~ That by reason of such vacation, the C~ty of Denton's property ~nterest m the vacated portion of smd easement shall, by operation of law, revert to the owner or owners abutting the street right-of-way easement hereto abandoned, and the C~ty of Denton releases any and all clmms to the use of the vacated portion of said property as pubhc easement T~ That th~s ordinance shall become effective immedmtely upon its passage and approval JACK~ER,-MAYOR ATTEST JENNIFER WALTERS, CITY SECRETARY HERBERT L PROUTY, CITY ATTORNEY Page 2 of 2 EXHIBIT "A" STREET ABANDONMENT PARCEL 3 SCALE 1" = 100' t~'~ ~:t ~;.t~ 1(] 38 83' 7,55' EAGLE DRIVE A=03'54'18" R=200 O0 .,,o,os= RIG~IT-OF-WAY UN[ L=13 65 'O[~T OF T=6.82 ,.~s L.C.=N 84'37'58" E ~: "' 13 63  PARCEL NO 3 I ' 12056 SF / 0278 ACRE IPF 55.00' A=01'38'47" R=340.00 L=9 77 .o~; Ni prope~¥ cem~ ere ~/8' lr~ T=4.89 L C =N 34'08'05" ~ 9 77 DUNAWAY ASSOCIATES, Inc t~.(.,~..~'~ ~ SHEET NO 1 O- 2 EXI-IIBIT "A" STREET ABANDONMENT PARCEL 3 PROPERTY DESCRIPTION Being a 0 276 acre tract of land situated In the E Puchclskl Survey, Abstract No 996, Denton County, Texas and sold tract being a portion of Avenue D and being more partlculcrly deecrlbe¢l by metes and bounds os follows at o 5 8" ran pn est at the Intersection of the south right-of-way line of Proposed Beglnnln.g .. / · --~ ,- ~ .... ~ rl,~ht-of-wav Ins Avenue D, sold point also bec. rs_. Eagle Orlv~.,~e~a. llg~n,m~en~ u~ut~e;";f~'.~'OO~eet from 'the south right-of-way line of Eagle urlve, South 03~. ,~ ,.as Thence South 0321'12" East, along said east right-of-way line of Avenue D, a distance of 20474 feet to a 1/2" Iron pin found, Thence South 8701'37' West, a distance of §SO0 feet to a 5/8" Iron pin set In the easterly rlght- f-wa line of Proposed Avenue D realignment and enid, p.o. lnt also being in c curve to the left whose ;a~dlusYle 34000 feet and long chord bears North 340805 West, g 77 feet, Thence along said easterly rlght.-,of,~way line and along eald curve In a northwesterly dlreotlon through a central angle of 01'38 47 , an arc length of 9 77 feet to a 5/8" Iron pln set, Thence North 03'21'12" West, along the west right-of-way line of Avenue D, a distance of 185 45 feet " n set In the south right-of-way line aforementioned Proposed Eagle Drive realignment to a 5./.8 I,ro~ ~p_~ .... curve to the rlaht whose radius Is 200 O0 feet and long chord bears North 8437'58 East, 13 63 feet, Thence along said south right-of-way line and along said curve In a northeasterly direction through a central angle of 03'54'18", an arc length of 13 63 feet to a P-K nail set, Thence North 86 35'11" East, continuing along sald south right-of-way fine, a distance of 7 55 feet to a P-K nail set, Thence North 03'21'12" West, a distance of 10 O0 feet to o P-K nail set, Thence North 86 35'11" East, continuing along said south right-of-way line, a distance of 38 83 feet to the Pqlnt[ 9f,,Begln, nlng ,and oontalrtlng 12,036 equate feet or 0 276 acre of land DUNAWAY ASSOCIATES, Inc SHEET NO 2 C'~ 2 DA'I~ JULY 13, 1998 4216 016q5 F~led fo~ Reoo~d in: ~ENTON COUNTY~ TX HONORABLE TIH HODGES/COUNTY CLERK On Nov lB 1998 At 4:28pm Doc/Num : 98-RB1B~268 Doc/TTpe : 0~ ~ecordlnq: 13, 8~ Doc/Hgmt . 6 8~ R~celpt ~. 4B~27 uepu~ - FR~HCHESK~ THE STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ ABANDONMENT RELEASE BY ABUTTING OWNER WHEREAS, the City of Denton, Texas, is considering the matter of closing and abandoning as a public street that portion of Avenue D Street lying between the South boundary line of Eagle Drive Street and 106 feet North of the North boundary line of Wilshire Street, and has given due notice to the property owners whose property abuts on said area of Avenue D Street, as well as those property owners abutting Avenue D Street between that portion being considered for abandomnent and the next intersection of said portion being abandoned; and WHEREAS, it will be to the advantage of the property owners whose property abuts said portion of said Avenue D Street being considered for abandomnent and to the advantage of the public generally to abandon said portion of Avenue D Street: NOW, THEREFORE, in consideration of benefits to be received by the undersigned and the general pubic, which are hereby acknowledged, the undersigned, being of lawful age, do hereby fully and forever release, acquit and discharge the said City, its officers, successors and assigns, from any and all actions, causes of action, claims and demands of whatsoever kind or nature on account of the abandomnent and closing of said portion of said Avenue D Street above mentioned. It is expressly understood and agreed that this release is intended as an agreement to the said closing of said portion of said street and is intended to cover and does cover all damages, losses and injuries now known or which may become known in the future, including all the effects and consequences thereof. IN WITNESS WHEREOF we have hereunto set our hands this the Jvl61!;1 , 1998. {Cf0 9~;2.~ (Owner's Signature) J7P--ete.-r,'J< k.. tJo/e- (Owner's Printed Name) day of Before me (/I "VI g e V co)( on this day personally appeared rr-edl!ric1:. 1<" Pole ,known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this (qf!1 day of MC{:J) I '11 i< ,A.D. ....".,'~'~::"" l,,~....~'i~ GINGER cox H.*.i'~ Nolary Public, Slale of Texas ';0', ~~~<J..~" My Commission Expires 07.11..98 """""""'\ ~Gx No Pu IC, State of Texas \\CHW-ENGIVOL1IUSERSISMJOHNSOUegallAve 0 Abandonment Release.doc THE STATE OF TEXAS ~ ~ COUNTY OF DENTON ~ ABANDONMENT RELEASE BY ABUTTING OWNER WHEREAS, the City of Denton, Texas, is considering the matter of closing and abandoning as a public street that portion of Avenue D Street lying between the South boundary line of Eagle Drive Street and 106 feet North of the North boundary line of Wilshire Street, and has given due notice to the property owners whose property abuts on said area of Avenue D Street, as well as those property owners abutting Avenue D Street between that portion being considered for abandomnent and the next intersection of said portion being abandoned; and WHEREAS, it will be to the advantage of the property owners whose property abuts said portion of said Avenue D Street being considered for abandomnent and to the advantage of the public generally to abandon said portion of Avenue D Street: NOW, THEREFORE, in consideration of benefits to be received by the undersigned and the general pubic, which are hereby acknowledged, the undersigned, being of lawful age, do hereby fully and forever release, acquit and discharge the said City, its officers, successors and assigns, from any and all actions, causes of action, claims and demands of whatsoever kind or nature on account of the abandomnent and closing of said portion of said Avenue D Street above mentioned. It is expressly understood and agreed that this release is intended as an agreement to the said closing of said portion of said street and is intended to cover and does cover all damages, losses and injuries now known or which may become known in the future, including all the effects and consequences thereof. . ) IN WITNESS WHEREOF we have hereunto set our hands this the oi/Y'l day of 71L~ ,1998. ~~ (Owner's Signature) ;;;~tfflfi,~r );1'1/1/'-1/-1 7X,;'s'YFJJj (Owner's Printed Name) t\' 'Ti-t\~ ' _ Before me ~~4!./ d.~s~' on this day pe.rsonally. appeared / /tKt /f11,eOJ..( /1a thcz , known to me to be the person whose name IS subscnbed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. Given under my hand and seal of office this .2rtct day of ~~ ,A.D. 0fk ~drcft1L- Notary Public, State of Texas "'<;;'~'~;;:'''' DIANA FORSON f ~(~'n Notary Public, Siet. of Toxes ; -..l/ll /..' Mv Ccmmission Expires 08-30-99 \:;ji-(;<;,A,ICHW-ENGIVOL1IUSERSISMJOl 'II,,,..' SO\legal\A ve D Abandonment Release.doc THE STATE OF TEXAS g g COUNTY OF DENTON ~ ABANDONMENT RELEASE BY ABUTTING OWNER WHEREAS, the City of Denton, Texas, is considering the matter of closing and abandoning as a public street that portion of Avenue D Street lying between the South boundary line of Eagle Drive Street and 106 feet North of the North boundary line of Wilshire Street, and has given due notice to the property owners whose property abuts on said area of Avenue D Street, as well as those property owners abutting Avenue D Street between that portion being considered for abandomnent and the next intersection of said portion being abandoned; and WHEREAS, it will be to the advantage of the property owners whose property abuts said portion of said Avenue D Street being considered for abandomnent and to the advantage of the public generally to abandon said portion of Avenue D Street: NOW, THEREFORE, in consideration of benefits to be received by the undersigned and the general pubic, which are hereby acknowledged, the undersigned, being of lawful age, do hereby fully and forever release, acquit and discharge the said City, its officers, successors and assigns, from any and all actions, causes of action, claims and demands of whatsoever kind or nature on account of the abandomnent and closing of said portion of said Avenue D Street above mentioned, It is expressly understood and agreed that this release is intended as an agreement to the said closing of said portion of said street and is intended to cover and does cover all damages, losses and injuries now known or which may become known in the future, including all the effects and consequences thereof. IN WITNESS WHEREOF we have hereunto set our hands this the ~ ,1998. 2..,.,L day of ~ (Owner's Signature) -J ~(. /b/..--UJ c) (Owner's Printed Name) Before me Leeth (lho,,,,!-rJ. i ""- on this day personally appeared T. 'Ro1"ael To/(tAO , known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. "3+- A Givenundermyhandandsealofofficethis /- day of ~!IJ..VtA J'1qg ,A.D. ~/JJA ~lA().JJ:hu /'1 i -.. 'C' Notary Public, State of Texas ~ IICHW-ENGIVOLl IUSERSISMJOHNSOUegallAve D Abandonment Release.doc