2015-108ORDINANCE NO. 2015 -108
AN ORDINANCE CLOSING, ABANDONING AND VACATING A PORTION OF THE
RIGHT -OF -WAY OF AVENUE D BETWEEN EAGLE DRIVE AND MAPLE STREET,
BEING A 0.0836 ACRE TRACT, TO ACCOMMODATE THE CONSTRUCTION OF
RAWLINS HALL AND SURROUNDING IMPROVEMENTS AT THE UNIVERSITY OF
NORTH TEXAS; RESERVING A PERMENANT UTILITY EASEMENT IN A PORTION OF
SAID TRACT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton, Texas ( "City ") has received a request for the closure,
abandonment, and vacation of certain street right -of -way from the underlying and abutting fee
simple owner, the University of North Texas ( "UNT "); and
WHEREAS, the 0.836 acre property tract to be abandoned and vacated is located in the
E. Puchalski Survey, Abstract No. 996 and further described and depicted in Exhibit "A" which
is attached and made a part hereof ( "Abandonment Tract "); and
WHEREAS, the Development Review Committee of the City of Denton, Texas reviewed
the requested closure, abandonment and vacation of the Abandonment Tract and has
recommended approval; and
WHEREAS, the City's Council has determined that the Abandonment Tract is no longer
needed for public use save and except the necessity to reserve within the Abandonment Tract a
utility easement, as described and depicted in Exhibit "B" which is attached and made a part
hereof ( "Reserved Easement Tract "), to accommodate the continued existence, operation and
maintenance of utility facilities and appurtenances located therein; and
WHEREAS, because UNT is the underlying and abutting fee simple owner of
Abandonment Tract, the conveyance of the City's interest in the Abandonment Tract may be for
less than fair market value as provided for in §272.001(b) of the Texas Local Government Code;
NOW, THEREFORE
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The Abandonment Tract is hereby closed, abandoned, and vacated and all
right, title and interest of the City in and to the Abandonment Tract is conveyed to the abutting
owner, UNT subject to the City's reservation of a permanent utility easement in, along, upon,
under, over, and across the Reserved Easement Tract to provide for the continued existence,
operation and maintenance of utility facilities and appurtenances located therein. The City
Manager, or his designee, is authorized to execute on behalf of the City a Deed Without
Warranty, which will include a reservation of the City's permanent utility easement, to UNT to
document this abandonment.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the day of ............ r, 2015,
CHMS WATTS, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By: _ (
APPROVED AS TO LEGAL FORM:
ANITA BURGESS, CITY ATTORNEY
By :............ mm
EYMBDT»A"
TRACT
City of Denton County, Texas
Being o tract of |ond, situated in the City of Denton, Denton County, Tmxna, and being o
portion of Avenue D' as dedicated by the plot of COLLEGE ADDITION, on addition to the
City of Denton. Denton County, Texoa, as recorded in Volume 44, Page 800. of the Map
Recorda, Denton County, Texas, (M.R.D.C.l), said tract being more particularly described as
BEGINNING at o 112^ iron rod found at the intersection of the southerly rnmnumented line
of Maple Street and the easterly rnonument*d line of said Avenue D. same being the
northwesterly corner of that tract of land described by deed to The State of Texas, f/b/o
The University of North Texas at Denton, Texoo, as recorded in Volume 5136' Page 5911 of
the Deed Reonrdo, Denton County, Texas (D.R.D.C.7.), said corner also being the
northwesterly corner of Block 40 of said addition;
THENCE North 89'53'08^ West over and onrnaa sold Avenue D. o distance of 80.00' to o
capped iron rod set in the westerly onumented line of Avenue D. some being the easterly
line of Block 42 of said COLLEGE ADDITION;
THENCE North 00'00'52^ Eoot, along said westerly mcmumented line of Avenue D, o distance
of 455.02' to o capped iron rod set;
THENCE South 89'52'11" East, over and across said Avenue D, a distance of 80.00' to t
POINT OF BEGINNING and containing 0.836 acre of land, more or less. i
1. G=zhmgo are based on the westerly line of that tract N land described by MICHAEL B. ARTHUR
deed to The State of Texas Yb/o The University of North Texas at Uenton.
Texoa, on recorded in Volume 5156. Pogo 3911, of the Deed Rouorde, Denton
County, Texas. 0
SHEET I of 2
DATE: 02/24/2014 RIGHT-OF-WAY North Texas Surveying, L.L.C.
REVISED: 03/25/2015 ABANDONA4ENT TRACT Registered Professional Land Surveyors
SCALE: 1" = 100, 0.836 Acre in the 1515 South McDonald St., Suite 110,
COLLEGE ADDITION McKinney, Tx. 75069
JOB NO.� 2013-0151 Denton County, Texas Firm Registration No. 10074200
I.R.F. = Iron Rod Found
I.P.F. = Iron Pipe Found
C.I.R.F. = Capped Iron Rod Found
(C.M.) = Controlling Monument
C.I.R.S. = 1/2" iron rod with yellow plastic cap
stamped "RPLS 5686" set
M.R.D.C.T. = Map Records, Collin County, Texas
D.R.D.C.T. = Deed Records, Collin County, Texas
S89 °52'11" E
80.00",---'
t of 24,
ADDITION
44,
m P, , DL r
The N University 01
orth Texas
4P")(:k 42
CO,j.1',G1 I 600,
V "V, 4�� V 'q '
M , rj , [), (", ,I.
C.I.R.S.
C41
Q I
tn
'Irt, I i
Right—of—Way
Abandonment Tract
0.836 Acre - --
CAIM
(C.M.) ......... .. ...
Maple Street
J S WILLIAMS
(called 80 right—of—way)
C.I.R.S.
51�V-52'1t"E 150.DO
S09'52`11 'h: 12100'
- —T-TNP"
I" = 100,
M. R. D. C. T.
"TNP" (C.M.) (C.H.)
. . . . . ... .......... ... .
0
1/2" LRX�-`° �
0
(C.M.)
M.B.A.
City of Denton,
N C? ql
Denton County, Texas
Cq
vnv-w.northtexassurveying.com
Firm Registration No. 10074200
2013-0151
CC
CQ
6j4 6�"
x?,
V)
1/2" J.R.F,
,1/2"
NHEP"""." I "W 150
I.P.1e. Bears,;;;
00, '-- (C.M.)
, 11"W 123.00 5/8" CLRX.
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S89'52'11"E 0M
.......... N �nz
11-1111 -- — -- ., TNP" (C.M.)
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ow"I"()"
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University Of
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X Cut
N89053'08"W— Fnd. (C M.}
80.00,
omfalav•
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Lot 2, Block A
MOZART SQUARE
ADDITION
Cab. P, Pg. 156,
M. R. D. C. T.
SOO'06'52"W 22M'
Eagle Drive
(variable width right—of—way)
Lot 1, Block A I
MOZART SQUARE
ADDITION
Cab. P, Pg. 156,
M. R. D. C. T.
g
f
Lot 1, Block B
J S WILLIAMS
03/25/2015
ADDITION
Vol. 343, Pg. 434,
I" = 100,
M. R. D. C. T.
. . . . . ... .......... ... .
1/2" LRX�-`° �
0
(C.M.)
02/24/2014
RIGHT-OF-WAY
Norffi Texas Surveying, L.L.C.
03/25/2015
ABANDONMENT TRACT
Registered ProfessioEal Land Surveyors
I" = 100,
0.836 Acre in the
1515 South McDonald St., Suite 110,
&Ph.
COLLEGE ADDITION
McKinney, Tx. 75069
M.B.A.
City of Denton,
(469) 424-2074 Fax: (469) 424-1997
Denton County, Texas
vnv-w.northtexassurveying.com
Firm Registration No. 10074200
2013-0151
EXHIBIT "B"
Reserved 10' Utihty Easement
City of Denton,
Denton County, Texas
Being o tract of |ond, situated in the City of Denton. Denton County, Texos, and being o portion
of Avenue D. as dedicated by the plot of COLLEGE A0DITIQN, on addition to the City of Denton'
Denton County, Texas, as recorded in Volume 44, Page 000. of the Mop Reoordo, Denton County,
Texas, (M.R.D.C.T.), said tract being more particularly described as follows:
COMMENCING at o 1/2^ iron rod found at the intersection of the southerly monurnented line of
Maple Street and the easterly nnonumented line of said Avenue D. some being the northwesterly
corner of that tract of land described by deed to The /o The University of
North Texas at Denton. Texas (herein after referred to as the UNT Troot), as recorded in Volume
5136. Page 3911, of the Deed Reuorda, Denton County, Texas (D.R.D.CI)' said corner also being
the northwesterly corner of Block 40 of said addition;
THENCE North 89'52'11" Wemt, over and across said Avenue D. o distance of 8.20' to the POINT
OF BEGINNING of the herein described property;
South 00'00'00" West, a distance of 89.86' to a point for corner;
North 90'00'00" West, a distance of 49.48', to a point for cornEl
South 00'00'00^ West, o distance of 365.05' to o point for corner in
the southerly line of the future right-of-way abandonment of Avenue D;
THENCE North 09^53'08^ Weot, along said future right-of-way abandonment of Avenue D. o
distance of 10.00' to n point for corner;
THENCE over and across said Avenue D, the following courses and distancerM
North 00'00'00" East, a distance of 375.03' to a point for corner;
South 90*00'00" East, a distance of 49.48' to a point for corner',
North DO^OO'OO" Eoat, o distance of 79.88' to o point for corner in the northerly line
of the future right-of-way abandonment for Avenue D;
THENCE South 89'52'11^ East, along said northerly abandonment, o distance of 10L00' to the
POINT OF BEGINNING and containing 0i116 acre of |ond, more or less.
MICHAEL B. ARTHUR
1. Bearings are based on the westerly line of that tract of land described by
deed to The State of Texas f/b/o The University of North Texas at Danton. Vf, 56136
Texoo, as recorded in Volume 5158, Page 3911. of the Deed Reoords, Denton
County, Texas. U
SHEET:
1of2
DATE:
03/18/2015
REVISED:
03/25/2015
SCALE:
1^ ~ 100'
CBK'D. BY:
M.B.A.
JOB NO.:
2015-0151
Reserved 10'Utility Easement
L.L.C.
@\}16 Acre in the
Registered Professional Land Surveyors
COLLEGE ADDMON
1515 onotu McDonald St., Suite zzo.
City ofDenton,
Mvoiooer, Tx. rnnoo
Ph. (469) 424-2074 Fax: (469) 424-1997
Denton County, Texas N
nn,. o"rtht°xao surveying. oom
Firm n°oiatrouno m". 10074200
Easement Line Data
I.R.F. = Iron Rod Found
L1 SOO'00'00 "W 89.86'
I.P.F. = Iron Pipe Found
L2 N90'00'00 "W 49.46'
P.O.B. = Point of Beginning
AD1l
C.M. = Controlling Monument
i i OI I I.il 41
Vol Pg. L3 S90'00'OO "E 49.48'
C.I.R.F. = Capped Iron Rod Found
L4 N00'00'00 "E 79.88'
M.R.D.C.T. = Map Records, Collin County, Texas
D.R.D.C.T. = Deed Records, Collin County,
Texas Point of
�. Commencing
589052'11 "E
°
1/2" I.R.F. (C.M,)
P•o•B• Maple Street
lo.oa��
...�. _ _ ".
(called 80' right —of —way)
S69 "52'11 "F 128,00'
4 ��
._ —
81 J10, ss. x,:'11 °T; 1.�C8 014,1' v 8' C LR.F P;.LR.F.
�Q rNR " (CA.)
iYM1a�. CIS
4meat
ADIAVI
gy �� dal..
(cm.)
82
l.'C'1t" y to00
Ural° 14
i
6..
M jI i). . �,
I� rvr
^" C f
fm7 �Cr , C1 io v," O R! Cl
yF..., 3 CV y *„ ^f•.,� „W r N CV ti� dd cK7
A V:b G3
Q, , ,k,° . f, aµ Cvl
ry" ry
�� —2'G x PJ r . ,PU " o",
The University of
> a r k
k N �'�''1gr'�a,d,.�
jjy n �e �' 1x"
u5 "� �� �t , 1n are r "J,.*
North Texas
«s .�
A
�
Reserved
/2" I I7 d. Bcarsl
S� 1 9 R I- fl
98 1°1N ' t 0,9 8 0o11'
10' Utility Easement
1_a 9
&SR1 "5 i1U M
0.116 Acre
_ C 80 . 2' i1" I20 n 5/8" C.I.R.F.
_
TNP" (C.M.)
Fnd. (C.M.)
s y I
C3�4. 1 I"il E"Y YMtk 12 c,:
y
i
mom,, 14��9,
C A, ,'(I A1Jf11IIOkJ
it
i CJ
� lLa
p
N00 °00'00 "E
0 50 100
ADDITION
375.03' `"•��,
tG1L1I f &
° vol, 44, P 6 DO,
� 8 �.n i�+h 9� i1 C,1, GRAPHIC SCALE
- VJ 1" =100'
Avenue D I
n
I I
(called 80' right —of —way)
f The University of
(Abandoned Herein) - --
I w North Texas
a4M, 7 r' SOC "08 J2 ° °id 22.00'
I
X" C-U S.., ...... �__ _. .... .._.. _, ,— ...�....,. ., ., .... ...wa. _. _... —. —
N89053'08"w °°° -°
Eagle Drive
10 00'
(variable width right —of —way)
T
... .. Lot 1, Block B
C 1! J.S. WILLIAMS
�"
Lot 2, Block
Lot 1, Block A i� 1 ADDITION
A .+� Vol. Pg. 434,
MOZART SQUARE M. R.
MOZART
N156, e M ®`..C...IT.F
bADPDITI9 N 56 Cab. PR ®g.
°
M. R. D. C.
T. -2 (C.M.)
U
SHEET'. 2 of 2
u
DATE. 03/18/2015
Reserved 10 Utility Easement North Texas Surveying, L.L.C.
D. 03 25100 15
0.116 Acre m the s Professional d surveyors
� 4
-
SCALE: —
J
COLLEGE ADDITION 1515 South McDonald St., Suite 110,
McKinney, Tx. 75069
CHK'D, BY: M.B.A.
City of Denton, Ph. (469) 424 -2074 Fax: (469) 424 -1997
Denton Court Texas .northtexassurveying.com
tyD No. 10074200
JOB NO 2013 -0151
Firm Registration
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