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1994-065j:\wpdocs\ord\abandonm.ord AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING A PORTION OF DEERWOOD PARKWAY, LOCATED WEST OF ITS INTERSECTION WITH GRANT PARKWAY, AS A PUBLIC STREET; RESERVING A DRAINAGE AND UTILITY EASEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the city is not desirous of extending Grant Parkway west of its intersection with Deerwood Parkway; and WHEREAS~ the abandonment of right-of-way for Grant Parkway west of its intersection with Deerwood Parkway at this time would allow the surplus right-of-way, which is not useful to the city and not required for public convenience and necessity, to be sold by the city and included in the Deerwood subdivision, Phase I development; and WHEREAS, the fair market value of the right-of-way has been determined and received as required by TEX. LOC. GOV'T CODE 272.001 and Denton, Tex., Code § 2-127 (1991); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That .041 acres of the right-of-way of Grant Parkway located west of its intersection with Deerwood Parkway, and being more particularly described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, is abandoned and vacated as a public street; provided, however, that there is hereby expressly reserved and excepted from vacation and abandonment the property so described a public drainage and general use utility easement for the purpose of constructing, reconstructing, repairing, and maintaining drainage and utility facilities in, over, and across the said property. SECTION II. That by operation of law the city of Denton's property interest in the street right-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 claims to the use of the property for street purposes upon receipt of the market value of the property herein abandoned from the abutting property owner. SECTION III. That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~day of , 1994. ATTEST: jENNIFER WALTERS, cITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRAYOVITCH, CITY ATTORNEY PAGE 2 EXHIBIT A _{h~fkuf~.RiGHT_OF-WAY ABANDONMENT DEERWOOD PARKWAY train tract of land situated in the D Culp Survey FIELD NOTES to all tha~.ce .... =~ ~--~-- Denton County, Texas, and bei~ a ~=~r~ ~umber 287 in the ul~y u~ ~=-~-, .... ~ ~- the Dedication ....... ~ ~ ~ -= n~d Parkway as ue~=~ -- n t of the Right-or-way u~ ~==~- .~ ~h, ,, Property Recoros =a~.ded in Volume 2~81, Page ~. u~ _~-L -ial_ .~l~_out of Grant Parkway r~ Texas; the subject tract being ~ne wes~er- ~nd m~e particularly descr~bsd as follows. BEGINNING for the Northwest corner of the tract being described herein, at a rod at a salient corner in a Westerly line of the Right-of-way 1/2 inch iron Dedication on a North line of the called 51.~68 acre tract described in the Deed to Teasley Road Associates recorded in Volume 3~14 Page 553 of the said Real property Records South 89 Degrees ~3 Minutes 42 Seconds West a distance of 49.48 feet from a reentrant corner thereof; THENCE North 89 Degrees ~3 Minutes 42 Seconds East with North line of the Teasley Road Associates tract a distance of 3~.~0 feet to the Northeast corner of Lot 1, Block A, Deerwood Phase I onan extension of the West line of Deerwood Parkway; THENCE South ~ Degrees 52 Minutes 57 Seconds East across the said Grant Parkway Stub-out with the East line of Lot 1 a distance of 60.~ feet to a reentrant corner of the said dedicated Right-of-way; THENCE South 89 Degrees ~3 Minutes 43 Seconds West across the said Stub-out with the said Right-of-way a distance of 29.94 feet to a 1/2 inch iron rod found at a salient corner thereof; THENCE North ~0 Degrees 56 Minutes 18 Seconds West with the said Right-of-way a distance of 6~.~ feet to the PLACE OF BEGINNING and enclosing ~.041 of an acre of land. CERTIFICATE OF CITY SECRETARY THE STATE OF TEXAS COUNTY OF DENTON cITY OF DENTON I, the undersigned, City Secretary of the City of Denton, Texas (the "City") DO HEREBY cERTIFY that according to the records of the City of which I am custodian, that: the attached is a true and accurate copy of ordinance No. 94-065 as approved by the City of Denton City Council on April 19, 1994. TO CERTIFY WHICH, witness my official signature and the seal of said City, this the ~ day of ^vri~ _, 19 _aA-' /RJi'ty ~cretary _ __ [ir "/'. ~/~ity ~6f Denton, ~exa~ 0469C j~\wpdocs\ord\abandonm.ord AN ORDINANCE OF THE CITY OF DENTON, TEXAS ABANDONING AND VACATING A PORTION OF DEERWOOD PARKWAY, LOCATED WEST OF ITS INTERSECTION WITH GRANT PARKWAY, AS A PUBLIC STREET; RESERVING A DRAINAGE AND UTILITY EASEMENT; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the city is not desirous of extending Grant Parkway west of its intersection with Deerwood Parkway; and WHEREAS, the abandonment of right-of-way for Grant Parkway west of its intersection with Deerwood Parkway at this time would allow the surplus right-of-way, which is not useful to the city and not ' e required...for public convenlenc and necessity, to be sold by the city and included in the Deerwood Subdivision, Phase I development; and WHEREAS, the fair market value of the right-of-way has been determined and received as required by TEX. LOC. GOV'T CODE § 272.001 and Denton, Tex., Code § 2-127 (1991); NOW, THEREFORE, THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. That .041 acres of the right-of-way of Grant Parkway located west of its intersection with Deerwood Parkway, and being more particularly described in Exhibit "A", which is attached hereto and made a part hereof for all purposes, is abandoned and vacated as a public street; provided, however, that there is hereby expressly reserved and excepted from vacation and abandonment the property so described a public drainage and general use utility easement for the purpose of constructing, reconstructing, repairing, and maintaining drainage and utility facilities in, over, and across the said property. SECTION II. That by operation of law the city of Denton's property interest in the street right-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 claims to the use of the property for street purposes upon receipt of the market value of the property herein abandoned from the abutting property owner. E~- That this ordinance shall become effective immediately upon its passage and approval. PASSED AND APPROVED this the /~day of ~,, 19'94. ATTEST: JENNIFER WALTERS, CITY SECRETARY APPROVED AS TO LEGAL FORM: DEBRA A. DRA¥OVITCH, CITY ATTORNEY PAGE 2 EXHIBIT A ?2~ED RIGHT-OF-WAY ABANDONMENT DEERWOOD PARKWAY FIELD NOTES to all that certain tract of land situated in the D Culp Survey Abstract Number 287 in the City of Denton, Denton County, Texas, and being a part of the Right-of-way of Deerwood Parkway as described in the Dedication recorded in Volume 2~81, Page 511 of the Real Property Records of Denton County, Texas; the subject tract being the Western Stub-out of Grant Parkway and more particularly described as follows: . ' BEGINNING for the Northwest corner of the tract being described herein, at a 1/2 inch iron rod at a salient corner in a Westerly line of the Right-of-way Dedication on a North line of the called 51.~68 acre tract described in the Deed to Teasley Road Associates recorded in Volume 3~14 Page 553 of the said Real Property Records South 89 Degrees ~3 Minutes 42 Seconds West a distance of 49.48 feet from a reentrant corner thereof; THENCE North 89 Degrees ~3 Minutes 42 Seconds East with North line of the Teasley Road Associates tract a distance of 3~.~ feet to the Northeast corner of Lot 1, Block A, DeerwoQd Phase I on an extension of the West line of Deerwood Parkway; THENCE South ~ Degrees 52 Minutes 57 Seconds East across the said Grant Parkway Stub-out with the East line of Lot 1 a distance of 6~.~g feet to a reentrant corner of the said dedicated Right-of-way; THENCE South 89 Degrees ~3 Minutes 43'Seconds West across the said Stub-out with the said Right-of-way a distance of 29.94 feet to a 1/2 inch iron rod found at a salient corner thereof; THENCE North ~ Degrees 56 Minutes 18 Seconds West with the said Right-of-way a distance of 6g.0~ feet to the PLACE OF BEGINNING and enclosing 8.041 of an acre of land. ~,T~F--]I~I 0 p 5o' o ~o' mo' X ~ 0 ~oOPs J D BI{OWN VOk 8~2~P. 593 COLLECTOR STREET R-O-W; I0 BE EXTENDED RIGHT-OF-WAY -DC-' ABANDONDED EXHIBIT OF RIGHT-OF-WAY ABANDONMENT DEERWOOB ' DENTON COUNIY, TEXAS CATE: 24 FEB. 1994 PREPARED BY: DRAWN BY: MOD COLEMAN & ASSOC SCALE: 1" = 100' SURVEYING -- PO BOX 686 REVISED: DENTON, TEXAS 76202 817 565 8215 RETURN '1'0: City of' Denton 21,5 E. McKinn=y Denton. TX 76~01 ~.~J~: Ro~,el' N. Wilkinson