2011-005sAlegahour documentslordinances1101robertson street - closure ordinance.doc
ORDINANCE NO. 2011-005
AN ORDINANCE OF THE CITY OF DENTON CLOSING, ABANDONING AND
VACATING THE ROBERTSON STREET GRADE CROSSING AT ITS INTERSECTION
WITH THE FORMERLY MISSOURI-KANSAS-TEXAS RAILROAD COMPANY RIGHT-
OF-WAY, THE ROBERTSON STREET CROSSING CENTERLINE PRESENTLY BEING
LOCATED APPROXIMATELY 460 FEET NORTHWESTERLY OF THE CENTERLINE
INTERSECTION OF MILL STREET / MORSE STREET WITH THE FORMERLY M-K-T
RAILROAD COMPANY RIGHT-OF-WAY CENTERLINE AND BEING SITUATED IN THE
ALEXANDER HILL SURVEY, ABSTRACT NO. 623, CITY AND COUNTY OF DENTON,
TEXAS (THE "LICENSED PROPERTY"); AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has determined that the portion of Robertson Street that
currently traverses the former M-K-T Railroad Company right-of-way corridor (presently owned
by Dallas Area Rapid Transit, a Regional Transportation Authority) is no longer required for
street purposes (the "Licensed Property", being specifically described in the caption above and
being depicted on Exhibit "A", attached hereto); and
WHEREAS, the Denton County Transportation Authority ("DCTA") has requested that
Robertson Street, insofar and only insofar as it is located on the Licensed Property, be closed and
abandoned by the City of Denton in respect to its use as a public road crossing of the railroad
corridor; and
WHEREAS, the Development Review Committee staff has reviewed and approved the
DCTA construction documents related to the rearrangement of Robertson Street in relation to the
street crossing closing and abandonment contemplated herein and also recommends approval of
the subject abandonment petition; and
WHEREAS, the City Council of the City of Denton has determined that the Licensed
Property is no longer needed for street purposes, save and except those public utility and
drainage purposes provided for and reserved in that certain Quit Claim Deed (herein so called)
from the City of Denton to Dallas Area Rapid Transit recorded under Clerk's File Instrument
Number 2010-43179, Real Property Records, Denton County, Texas; NOW, THEREFORE,
THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Licensed Property is hereby closed, abandoned and vacated for street
purposes, save and except those public utility and drainage purposes provided for in that certain
aforementioned Quit Claim Deed from the City of Denton to Dallas Area Rapid Transit, such
abandonment being conditioned upon, and effective only upon, the conveyance or dedication to
the City of Denton of those tracts, or sufficient real property interests in those tracts, of real
property described and depicted on Exhibit "B", attached hereto and made a part hereof by
reference, in form and substance satisfactory to the City Attorney of the City of Denton (the
"Robertson Street Rearrangement Tracts").
SECTION 2. The abandoned Licensed Property shall be owned as provided by law.
Page 1
sAlegahour documents\ordinances110\robertson street - closure ordinance.doc
SECTION 3. This Ordinance shall become effective upon the occurrence of the
condition described in Section 1, above, as evidenced by the recordation of the contemplated
conveyance instruments of the Robertson Street Rearrangement Tracts in the Real Property
Records of Denton County, Texas. In the event such condition shall not occur on or before June
30, 2011, this Ordinance shall be null and void and of no force and effect.
PASSED AND APPROVED this the day of , 2011.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY: d) , b
APP VED A TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
BY: C
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EXHIBIT "B"
Robertson Street Attachment to Ordinance Sheet 1 of 7
Rearrangement Tract 1
Dart o Denton Innependent Schol: ill Istrlcf
Alexander Hill Survey, Abstract No. 623
City of Denton, Denton County, Texas
DESCRIPTION of a 13,710 square foot (0.315 acre) tract of land situated in the Alexander Hill
Survey, Abstract No. 623, in the City of Denton, Denton County, Texas; said tract being part of
1-R, Block 9, Alex Robertson Addition, an addition to the City of Denton according to the plat
recorded in Cabinet I, Page 105 of the Plat Records of Denton County, Texas; said 13,710
square foot tract being more particularly described as follows (bearing system for this survey is
based on the Texas State Plane Coordinate System NAD-83(93), Harn Adjustment North
Central Zone 4202 being the Denton County Transportation Authority network utilizing a surface
scale factor of 1,000136506):
BEGINNING, at a 1/2-Inch iron rod found at the intersection of the west line of the Dallas Area
Rapid Transit right-of-way (a variable width right-of-way, 100-foot wide at this point) and the
north right-of-way line of Mill Street (a 60-foot wide right-of-way); said point being the southeast
corner of said Lot 1-R;
THENCE, North 89 degrees, 04 minutes, 26 seconds West, along the said north line of Mill
Street, a distance of 62.19 feet to a 1/2-inch iron rod found for corner, said point being the
southerly southeast corner of that tract of land described in Correction Deed (without
Warranties) to Fred Moore Day Nursery, Inc. recorded in Instrument Number 2007-21424 of the
Official Public Records of Denton County, Texas; said point being the beginning of a non-
tangent curve to the left;
THENCE, departing the said north line of Mill Street and along the easterly line of said Fred
Moore Day Nursery tract, the following five (5) calls:
In a northerly direction, along said curve to the left, having a central angle of 67 degrees,
48 minutes, 33 seconds, a radius of 17.91 feet, a chord bearing and distance of North 05
degrees, 19 minutes, 45 seconds East, 19.98 feet, an arc distance of 21.20 feet to a
point for corner at the end of said curve;
North 30 degrees, 33 minutes, 16 seconds West, a distance of 76.81 feet to a point for
corner; said point being the beginning of a non-tangent curve to the left;
In a northerly direction, along said curve to the left, having a central angle of 06 degrees,
01 minutes, 52 seconds, a radius of 381.13 feet, a chord bearing and distance of
North 27 degrees, 32 minutes, 20 seconds West, 40.10 feet, an arc distance of 40.12
feet to a point for corner at the end of said curve; said point being the beginning of a
non-tangent curve to the left;
In a northerly direction, along said curve to the left, having a central.angle of 05 degrees,
04 minutes, 40 seconds, a radius of 455,90 feet, a chord bearing and distance of
North 25 degrees, 00 minutes, 01 seconds West, 40.39 feet, an arc distance of 40.40
feet to a point for corner at the end of said curve;
South 87 degrees, 32 minutes, 32 seconds West, a distance of 9.30 feet to a point for
corner;
THENCE, North 20 degrees, 27 minutes, 22 seconds West, departing the north line of said Fred
Moore Day Nursery tract, a distance of 72.71 feet to a point for corner; said point being the
beginning of a non-tangent curve to the right;
SHEET 1 OF 4
EXHIBIT "B"
Attachment to Ordinance Sheet 2 of 7
Part of Denton Independent School District
Alexander Hill Survey, Abstract No. 623
City of Denton, Denton County, Texas
THENCE, in a northerly direction, along said curve to the right, having a central angle of 02
degrees, 15 minutes, 33 seconds, a radius of 2,324.82 feet, a chord bearing and distance of
North 24 degrees, 49 minutes, 15 seconds West, 91.67 feet, an arc distance of 91.67 feet to a
point at the end of said curve; said point being the beginning of a curve to the left;
THENCE, in a northerly direction, along said curve to the left, having a central angle of 10
degrees, 58 minutes, 26 seconds, a radius of 265.00 feet, a chord bearing and distance of
North 29 degrees, 09 minutes, 58 seconds West, 50.68 feet, an arc distance of 50.76 feet to a
point at the end of said curve; said point being In a non-tangent curve to the right;
THENCE, in a southeasterly direction, along said curve to the right, having a central angle of 17
degrees, 22 minutes, 38 seconds, a radius of 421.68 feet, a chord bearing and distance of
South 42 degrees, 53 minutes, 51 seconds East, 127.40 feet, an arc distance of 127.89 feet to a
'Y' cut in concrete found at the end of said curve; said point being the beginning of a non-
tangent curve to the left; said point also being in the said west line of the Dallas Area Rapid
Transit right-of-way;
THENCE, in a southerly direction along the said west line of the Dallas Area Rapid Transit right-
of-way along said curve, having a central angle of 07 degrees, 39 minutes, 38 seconds, a radius
of 2,239.33 feet, a chord bearing and distance of South 29 degrees, 14 minutes, 28
seconds East, 299.18 feet, an arc distance of 299.40 feet to the POINT OF BEGINNING;
CONTAINING: 13,710 square feet or 0.315 acres of land, more or less.
(A survey plat of even date herewith accompanies this legal description.)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing
description accurately sets out the metes and bounds of the tract described.
,~P,.•ot s rpR~ ~.y
~b
Michael Larry L 60i, r. D Ate MICH....LARRYLEWI....
Registered (professional L nd Surveyor No. 5773 r%:ro~6773 o~P o
y 6ss~..• ~
Pacheco Koch Consulting Engineers, Inc. Q siiR~w
8350 N. Central Expwy, #1000, Dallas TX 75206
(972) 235-3031
TX Reg. Surveying Firm LS-100080.00
3038-09.258EX12.4w9
3038.09.258EX12.doc rmt
SHEET 2 OF 4
EXHIBIT "B"
Attachment to Ordinance Sheet 3 of 7
MATCHLINE (SEE SHEET 4)
~IIIIII Iwo ~1 IIIA~ ~ 7voiz-'
LOT 1-R, BLOCK 9 ALEX ROBERTSON + ADDITION ItA (CAB. I, PG. 105) ~~e 9 S 67°32'32" W
9.30
A=5°04'40"
R=455,90'
L=40.40'
T=20.21'
CB=N 25°00'01" W
CD= 40.39'
TRACT 2
FRED MOORE DAY A=6°01'52"
NURSERY, INC. R=381.13'
(INST. NO, 2007-21424) L=40.12'
T=20.08'
CB=N 27°32'20" W
CD=40.10'
25' BUILDING
SETBACK LINE
(CAB. I, PG. 105)
6=67°48'33"
R=17.91'
L=21.20'
T=12.04'
CB=N 05°19'45" E
CD=19.98'
203,21'
MIL L oi~
s TWEET
50.03' 1 x"0,03'
i
a
a
a
nNMES,
1, A legal description of even survey date
herewith accompanies this plat of survey.
2. Bearing system for this survey is based on
the Texas State Plane Coordinate System
NAD-83(93), Harn Adjustment North Central
zone 4202 being the Denton County
Transportation Authority network utilizing a
surface scale factor of 1.000136506.
Robertson Street
8360 N. CENTRAL EXPWY. SUITE 1000
Pacheco Koch DALLAS, TX 75208 972.235.3031
J4 TX REG. ENGINEERING FIRM F-489
DALLAS . FORT WORTH • HOUSTON TX REG. SURVEYING FIRM LS-100080-00
ONAN7Y BY CNECKEO 8Y SCALE PATE JOB NUA49ER
F R M T MLL 1"=40' NOV. 2010 3035-09.258
Will
LEGEND
- - - PROPERTY LINE
PROPOSED RIGHT-OF-WAY LINE
EXISTING EASEMENT LINE
0 POINT FOR CORNER
(UNLESS OTHERWISE NOTED)
XF CUT IN CONCRETE FOUND
!r ►A 1 CONTROLLING MONUMENT
2
~ U
0
20 40 130
,38"
'
' GRAPHIC SCALE IN FEET
33R=22,3
9.
L=299.40'
rG
T=149.92'
q-p
CB=S 29°14'28"
E
CD=299,18'
r~<~ •
LOT 1-R, BLOCK 9 TSB ~y
ALEX ROBER
TSON 9 'A
~
ADDITION
, •
(CAB. I, PG.
105)
0
0, OA\ .
J
0.315 ACRES)
DRAINAGE AND UTILITY
EASEMENT ORDINANCE
NO. 92-048
(VOL. 3184, PG.- 294)
N 89°04'26" W
62.19'
I/2-INCH IRON
ROD FOUND
(C.M.)
i/2 -INCH IRON
ROD FOUND
(C.M.)
POINT OF'
BEGINNING
50.03' ~ 50,03'
Rearrangement Tract 1
PART OF DENTON INDEPENDENT
SCHOOL DISTRICT
ALEXANDER HILL SURVEY, ABSTRACT NO. 623
CITY OF DENTON, DENTON COUNTY, TEXAS
SHEEP' 3 OF 4
DWG FILE: 3038--09,258EX12.DV
EXHIBIT "B"
Attachment to Ordinance Sheet 4 of 7
q
n_
PROPERTY LINE
PROPOSED RIGHY-OF-WAY LINE
EXISTING EASEMENT LINE
0 POINT FOR CORNER
(UNLESS OTHERNBSE NOTED)
XF CUT IN CONCRETE FOUND
!r u \ CONTROLLING MONUMENT
0 20 40 80
IN FEET
.4 t GRAPHIC SCALE
R~
kl,
g'Pd
16' DRAINAGE & UTILITY
EASEMENT \
(CAB, I, PG. 105)
A=10°58'26" \
R=265.00'
L=50.76'
T=25.46'
CB=N 29°09'58" W
CD=50.68'
LOT 1-R, BLOCK 9
ALEX ROBERTSON A=
ADDITION R=2
(CAB. I, PG. 105) L.67'
=T45.84'
CB=N 24°49CD
\ rG
2°15'33"
(VOL, 3164, PG, 294)
324, 82'
=91.67'
=45.84'
'15" W
=91.67'
N 20°27'22„ W CB=S 29014'28 E
72.71' CD=299.18'
Now w wrwr MOM MOM
MATCHLINE (SEE SHEET 3)
The undersigned, Registered Professional Land
Surveyor, hereby certifies that this plat of
survey accurately sets out the metes and
bounds of the tract described.
r J S a"" I p L~~ f C~
Michael LarryF Luria, Jar. -tat p
5A Registered Professionol
Land Surveyor No, 5773•.'`
13,7
~ O
0,315 ACRES
Q-17°22'38
R=421.68'
L=127.89'
~y\
Tw64,44'
C Eo
CB=S 42°53'51" Q
~ (,Dr,
~
~
\ CD=127.40
DRAINAGE AND UTILITY J
EASEMENT ORDINANCE
NO. 92-048
xF A=7°39'38"
R=2239.33'
L =299.40'
T=149.92'
"
11A legal description of even survey date
herewith accompanies this plat of survey.
OF, tF 2, Bearing system for this survey is based on
ytiP 0t8TLet the Texas State Plane Coordinate System
~l NAD-83(93), Horn Adjustment North Central
Zone 4202 being the Denton County
IICRAEL LARRY LEJR. Transportation Authority network utilizing a
5773 surface scale factor of 1,000136506,
<4y°FsL$~~~~ Robertson Street
6350 N. CENTRAL EXPWY. SUITE 1000
Pacheco Koch DALLAS, TX 75206 972.235.3031
TX REQ. ENGINEERING FIRM F-409
DALLAS . FORT WORTH . HOUSTON TX REQ, SURVEYING FIRM LS-100060-00
DRAWN BY CiIIECKFU BY SCALE OA rf JON N Off
RMT MLL 1"40' NOV. 2010 3036-09.258
Rearrangement Tract 1
PART OF DE:NTON INDEPENDENT
SCHOOL DISTRICT
ALEXANDER HILL SURVEY, ABSTRACT NO. 6:23
CITY OF DENTON, DENTON COUNTY, TEXAS
SHEET 4 OF 4
DWG FILE: 3038-09,258EX12.DV
Robertson Street
Rearrangement Tract 2
Part of Fred Moore Day Nursery, Inc.
Alexander Hill Survey, Abstract No. 623
City of Denton, Denton County, Texas
EXHIBIT "B"
Attachment to Ordinance -4 Sheet 5 of 7
DESCRIPTION of a 3,131 square foot (0.072 acre) tract of land situated in the Alexander Hill
Survey, Abstract No. 623, In the City of Denton, Denton County, Texas; said tract being part of
that tract of land described as Tract 2 in Correction Deed (without Warranties) to Fred Moore
Day Nursery, INC. recorded in Instrument Number. 2007-21424 of the Official Public Records of
Denton County, Texas; said 3,131 square foot tract being more particularly described as follows
(bearing system for this survey is based on the Texas State Plane Coordinate System NAD-
83(93), Harn Adjustment North Central Zone 4202 being the Denton County Transportation
Authority network utilizing a surface scale factor of 1.000136506):
COMMENCING, at a 112-inch iron rod found at the intersection of the west line of the Dallas
Area Rapid Transit right-of-way (a variable width rlght-of-way, 100-foot wide at this point) and
the north right-of-way line of Mill Street (a 60-foot wide right-of-way); said point being the
southeast corner of Lot 1-R, Block 9, Alex Robertson Addition, an addition to the City of Denton
according to the plat recorded in Cabinet I, Page 105 of the Plat Records of Denton County,
Texas;
THENCE, North 89 degrees, 04 minutes, 26 seconds West, along the said north line of Mill
Street, a distance of 62.19 feet to a 1!2-inch iron rod found at the POINT OF BEGINNING; said
point being the southerly southeast corner of said Fred Moore Day Nursery tract;
THENCE, North 89 degrees, 04 minutes, 26 seconds West, continuing along the said north line
of Mill Street, a distance of 15.71 feet to a point for corner; said point being the beginning of a
non-tangent curve to the right;
THENCE, departing the said north line of Mill Street, in a northwesterly direction, along said
curve to the right, having a central angle of 00 degrees, 55 minutes, 25 seconds, a radius of
2,304.65 feet, a chord bearing and distance of North 31 degrees, 31 minutes, 34 seconds West,
37.15 feet, an arc distance of 37.15 feet to a point at the end of said curve;
THENCE, North 20 degrees, 27 minutes, 22 seconds West, a distance of 134.35 feet to a point
for corner in the north line of said Fred Moore Day Nursery tract;
THENCE, along the north and east lines of said Fred Moore Day Nursery tract the following five
(5) courses calls:
North 87 degrees, 32 minutes, 32 seconds East, a distance of 9,30 feet to a point for
corner; said point being the beginning of a non-tangent curve to the right;
In a southerly direction, along said curve to the right, having a central angle of 05
degrees, 04 minutes, 40 seconds, a radius of 455.90 feet, a chord bearing and distance
of South 25 degrees, 00 minutes, 01 seconds East, 40.39 feet, an arc distance of 40.40
feet to a point at the end of said curve; said point being the beginning of a non-tangent
curve to the right;
In a southerly direction, along said curve to the right, having a central angle of 06
degrees, 01 minutes, 52 seconds, a radius of 381.13 feet, a chord bearing and distance
of South 27 degrees, 32 minutes, 20 seconds East, 40.10 feet, an arc distance of 40.12
feet to a point at the end of said curve;
SHEET 1 OF 3
EXHIBIT "B"
Attachment to Ordinance Sheet 6 of 7
Part of Fred Moore Day Nursery, Inc.
Alexander Hill Survey, Abstract No. 623
City of Denton, Denton County, Texas
South 30 degrees, 33 minutes, 16 seconds East, a distance of 76.81 feet to a point for
corner; said point being the beginning of a tangent curve to the right;
In a southerly direction, along said curve to the right, having a central angle of 67
degrees, 48 minutes, 33 seconds, a radius of 17.91 feet, a chord bearing and distance of
South 05 degrees, 19 minutes, 45 seconds West, 19.98 feet, an arc distance of 21.20
feet to the POINT OF BEGINNING;
CONTAINING; 3,131 square feet or 0.072 acres of land, more or less.
(A survey plat of even date herewith accompanies this tegat description,)
The undersigned, Registered Professional Land Surveyor, hereby certifies that the foregoing
description accurately sets out the metes and bounds of the tract described.
mho one
F r'/~
mVwp~-
Michael Larry Le is, r.' I Date
Registered Professional Land"Surveyor No. 5773
Pacheco Koch Consulting Engineers, Inc.
8350 N. Central Expwy, #1000, Dallas TX 75206
(972) 235-3031
TX Reg. Surveying Firm LS-100080-00
r g ' ~GFi 'r 1W
'O'fp
.4 LZi
MICHAEL LARRY LEWIS.JF
3038-09.2566X13.dwg
3038.09.256EX13.doc rmt
SHEET 2 OF 3
EXHIBIT "B"
Attachment to Ordinance Sheet 7 of 7
LOT 1-R, BLOCK 9 1
ALEX ROBERTSON ADDITION \
(CAB. I, PG. 105) \
N 87°32'32" E \
LEGEND
- - PROPERTY LINE
PROPOSED RIGHT-OF-WAY LINE.
EXISTING EASEMENT LINE
0 POINT FOR CORNER
(UNLESS OTHERIMSE NOTED)
XF CUT IN CONCRETE FOUND
(C.M.) CONTROLLING MONUMENT
Aer-14-
TRACT 2
FRED MOORE DAY
NURSERY, INC.
6=5°04'40" 0 20 40 80
R-455.90'
L=40.40' GRAPHIC SCALE IN FEET
T=20.21'
CB=S 25°00'01" E r9
CD=40.39'
A--6'01'52"
R=381.13'
L=40.12'
'
~
T=20.08
o
CB=S 27'32
'
'20" E"e b
A
y
cD40.10
~ O
~
(INST. NO. 2007-21424) A--0455'25': ik ° \ ° 48,33 O ~
~ = 67 N
~y
R=2337 65w ; \ R=17.91'
L=21.20'
T= 18.58' ~Lj1, F \ T=12.04'
CB=N 31°31'34" W \ CB=S 05°19'45" W
CD=37.15' CD=19.98'
25' BUILDING \ DRAINAGE AND UTILITY
SETBACK LINE EASEMENT ORDINANCE
(CAB, 1, PG. 105) NO, 92~-048
203.21' (VOL. 3184, PG. 294)
T - N 89'04'26" W 62.19 1/2-INCH IRON
N 89904'26" W OD FOUND
MILL 15.71' 1/00 FOUND a" (c.M.)
(C.M.)
POINT OF
S T BEGINNING POINT OF
COMMENCING
50.0 50.03' 50.03' I ~ 50.p~ 55.03'
The undersigned, Registered Professional Land
Surveyor, hereby certifies that this plat of
i survey accurately sets out the metes and
bounds of the tract described.
MICHAEL.LARRY LEWI
! • ~ :A 5773 Pv
o Michael Larry Lewis, Jr, rDat 9p~'r~s~c?`1
o Registered Professional S U A~
Land Surveyor No. 5773
NOTES'
1, A legal description of even survey date
herewith accompanies this plat of survey.
2. Bearing system for this survey Is based on
the Texas State Plane Coordinate System
JR NAD-83(93), Horn Adjustment North Central
Zone 4202 being the Denton County
Transportation Authority network utilizing a
surface scale factor of 1,000136506.
Pacheco Koch 8350 N. CENTRAL EXPwY. SUITE 1000
DALLAS, TX 76208 872,2353031
001
,
TX REG. ENGINEERING FIRM F-489
DALLAS . FORT WORTH . HOUSTON TX REG. SURVEYING FIRM LS-100080-OD
J
'
DMA *N dY
CHECKED 8Y
SCALE
DATE
✓ON Nf/AA9ER
U
P
RMT
MLL
1"~40'
NOV. 2010
O9.258
3038
a
Robertson Street
_Rearrangement Tract 2
PART OF FRED MOORE DAY NURSERY, INC.
ALEXANDER HILT. SURVEY, ABSTRACT NO. 623
CITY OF DENTON, DENTON COUNTY, TEXAS
SHEET 3 OF 3
DWG FILE: 3038-09.258EX13