2006-353
. . S:\Qur Documents\Ordinances\06\West Prairie Street Partial Abandonment Qrdinance.DOC
ORDINANCE NO. 2tJOb- .3-').3
AN ORDINANCE OF THE CITY OF DENTON ABANDONING AND VACATING A
PORTION OF WEST PRAIRIE STREET, BEING A 0.315 ACRE TRACT OF A STREET
RIGHT-OF-WAY TRACT CONVEYED TO THE CITY OF DENTON, TEXAS BY DEED
RECORDED IN VOLUME 383, PAGE 186 OF THE DEED RECORDS OF DENTON
COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has entered into a Real Estate Exchange and Purchase
Agreement (AGREEMENT) with Rayzor Investments, Ltd., as a result of Ordinance 2006-048,
as such being an element of the pending West Electric Transmission Line and Substation Project
(PROJECT); and,
WHEREAS, the subject 0.315 acre tract, described and illustrated in Exhibits "A" and
"B" respectively, both attached hereto and made a part hereof, is owned by the City of Denton
and by the terms of the AGREEMENT is to be exchanged for easement rights on other lands
owned by Rayzor Investments, Ltd, as necessary for the PROJECT; and,
WHEREAS, a title exception has been identified regarding the need to formally abandon
the public interests in the subject 0.315 acre tract; and,
WHEREAS, the City Council of the Ci.ty of Denton, Texas has determined that it is in the
public interest to abandon its rights in the 0.315 acre tract; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION I. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference. The 0.315 acre tract is hereby permanently abandoned with all
of the City's right, title and interests being conveyed under the terms of the AGREEMENT,
SAVE AND EXCEPT a reservation for a 10 foot wide public utility easement described in
Exhibit "C" and attached hereto. A certified copy of this ordinance may be recorded in the Real
Property Records of Denton County, Texas to evidence this abandonment.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
.i:/t
PASSED AND APPROVED this the N - day of (/)tZJI-fJ11,{JPf ,2006.
6?rn f~J
. McNEILL, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
BY:
qz;J1J tt~d&tJt1 duJ;:
BY:
Page 2
City
of
DENTON
Exhibit A
LEGAL DESCRIPTION for,
60'S/rip of L.nd out Qf tho
EIlGENE PIlCHAlSKf SIlRVEY M96
Denton, Denton County, Tent
Being ,n that certain tract. parcel. Of strip of/dnd Qut aUhe EUGENE PUCHALSKI" SURVEY A.995. in the City of Denton. Dentpn County, Teras desr::ril:J,d
by deed-recoded in Vofume 383. Pi/ge 185, Geed Records. Denton County, Texas and more particularly described 6S {oHows:
BEGINNING at a set 510'" iran rad for corner in the west righUlf-way line of tile Burlington Northern Santa Fe 1'1417:111Y, sairl paint also being in thl north line
01 a remainder tract of land described by aforesaid deed IBcorded in. Volume 383, Page 186. Oeed Recoldr. Denton County, Texas, and alsa heing in the
soutll right.al.way line af West Pldirie Slreet.' .
THENCe: leaving said west tight.ol-way line 01 Burlington NOlthem Santa Fe Rar7way, N 8801 /'20"W, and witb Iha nartn line of said remainrlel tract i1
distance 012J9.28feet to a faund Y;'" lion rod in thewe.st dgMal.way line of raid West Prairie Street;
THENCE.' leaving nottll line 01 the said remainder Iract. N 01 "55'09~ E. and with the w~st line 01 sai'd West Praide Street a distance a/60.96 feer (0 a
found,~" iron rod at the northwest camer of the street: .
THENC!: S 88005'44"E. along the nOltn right,ol.way line of West Prairie Street. 212.47 teet to a point lor corner;n tM west dglU.ot-way line 01 said
Burlington Nortl1ern Santa Fe Ral7way tract,'
THENCE: S 21 o56'OJ"E, along said west rigl1t-o{.wayline a distance 0166.35 teet to the POINT OF BEGINNING and COnrAlNING 0,315 acres a/land
more or less as surveyed by john nail jt.tpls H 1970 during the mont/r a/August 2002..
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EXHIBIT "C"
SAVE AND EXCEPT Public Utility Reservation Tract
BEING a 10 foot wide strip of land, lying west of; adjacent to and parallel with east line
of the 0,315 acre tract described and illustrated in Exhibits "A" and "B" respectively,
both attached hereto,