2006-234
S:\Our Documcnts\Ordinances\06\Nelson Addition - ROW Abandonment Ordinance_draft hy PHW 8-23-2006.DOC
ORDINANCE NO. cJ.rJ{Jp - ;2.g4
i~l
AN ORDINANCE BY THE CITY OF DENTON ABANDONING, VACATING AND
RESCINDING THE 0.008 ACRE AND 0.030 ACRE STREET RIGHT-OF-WAY
DEDICATION OFFERED TO THE CITY OF DENTON BY THE FINAL PLAT OF THE
NELSON ADDITION, FILED IN CABINET N, PAGE 399, OF THE PLAT RECORDS OF
DENTON COUNTY, TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Ken Currin, representing the interests Martha Len Nelson, owner of the
0.688 acre tract known as Lot I, Block I, Amending Final Plat of the Nelson Addition, filed in
Cabinet X, Page 137 of the Plat Records of Denton County, Texas, has made a request to the
City Council of the City of Denton, Texas to abandon its interests in those 0.008 acre and 0.030
acre dedication tracts shown on the original Final Plat of the Nelson Addition, filed in Cabinet N,
Page 399, Plat Records of Denton County, Texas (the "Street Right-of-Way Dedication"); and
WHEREAS, the owner's offer to dedicate the Street Right-of-Way Dedication was never
accepted by the City either formally or by usage; and
WHEREAS, the City of Denton Development Review Committee has reviewed the
applicant's request for abandonment and has determined that the Street Right-of-Way area is not
needed for future street purposes; and
WHEREAS, the Street Right-of-Way to be abandoned are the 0.008 acre and 0.030 acre
dedication tracts shown on the original Final Plat of the Nelson Addition, filed in Cabinet N,
Page 399, Plat Records of Denton County, Texas, a copy of which is attached hereto as Exhibit
"A" and made a part hereofby reference; and.
WHEREAS, the City Council hereby finds and determines that the Street Right-of-Way
area is not needed for street purposes and it is in the public interest to abandon the right-of-way
and the City's interests therein to the underlying fee owner, Martha Len Nelson ("Owner"); and
WHEREAS, the City Council hereby finds and determines that upon subsequent
Amending Plat or Replat of the Nelson Addition, in respect to recapture of the aforementioned
Street Right-of-Way Dedication into the confines of Lot 1, a variance to the requirements of
Section 35.20 of the Denton Development Code and the Transportation Criteria manual
concerning right-of-way dedication and perimeter paving requirements is hereby granted; NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this ordinance are
incorporated herein by reference. The Street Right-of-Way is hereby permanently abandoned
with all of the City's right, title and interests being quit claimed to the Owner. A certified copy of
this ordinance may be recorded in the Real Property Records of Denton County, Texas to
evidence this abandonment and quit claim.
SECTION 2. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the ~ gtJ day of
at{ f-lu;C
~~~~
,2006.
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
B. ~LJ
APPh VED As-tO LEGAL FORM:
::W'N4R~Y
Page 2