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2007-038 S:\Our Documents\Ordinances\07Vim Christal Ord.doc ORDINANCE NO. 2f)(}1-J3e AN ORDINANCE OF THE CITY OF DENTON ABANDONING AND VACATING AN APPROXIMATE 0.5782-ACRE TRACT OF THAT CERTAIN PUBLIC RIGHT-OF-WAY BEING A TRACT OF LAND IN THE B.RR & C. RAILROAD COMPANY SURVEY, ABSTRACT NO. 192, AND THE J. PERRY SURVEY, ABSTRACT NO. 1040, AND BEING A PORTION OF JIM CHRISTAL ROAD AND ALSO EMBRACING A PART OF THAT CERTAIN TRACT CONVEYED BY ANNIE SPURGIN TO J. NEWTON RAYZOR BY DEED RECORDED IN VOLUME 440, PAGE 342, OF THE DENTON COUNTY DEED RECORDS, DENTON, TEXAS; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Denton Engineering Department has determined that a portion of Jim Christal Road is no longer required for street purposes, said street right-of-way being an approximate 0.5782-acre tract of land located in the RRR & C. Railroad Company Survey, Abstract No. 192, and the J. Perry Survey, Abstract No. 1040, as more particularly described in Exhibit "A" attached hereto and made a part hereof by reference (the "Property"); and WHEREAS, the Development Committee Review staff has reviewed and approved the requested abandonment; and WHEREAS, the City Council of the City of Denton has determined that the Property is no longer needed for street purposes, save and except for utility and drainage purposes; and WHEREAS, the City's interest in the Property is an easement interest and therefore pursuant to Subsection 272.001(b) of the Local Government Code the City's abandonment to abutting owners as provided for herein m~y be for less than fair market value; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS: SECTION I. The Property is hereby abandoned for street purposes, save and except for the City's and public utility's right to continue to repair, maintain, construct and reconstruct utility and drainage facilities within the Property (the "Abandoned Property"). SECTION 2. The Abandoned Property shall revert to the abutting and underlying fee owners as provided by law. SECTION 3. This Ordinance shall become effective immediately upon its passage and approval. . PASSED AND APPROVED this the 2!J"t1i day of ~hraary ,2007. S:\Our Documents\Ordinances\07Vim Christal Ord.doc ATTEST: JENNIFER WALTERS, CITY SECRETARY, BY: ~ ttd2dAdfp;-/ fh-;/; BY: EY Page 2 of2 EXHIBIT A DESCRIPTION OF PROPERTY SITUATED in the City of Denton, Denton County, Texas, and being a tract of land in the B. B. B. & C. . RAILROAD COMPANY SURVEY, Abstract No. 192, and the J. PERRY SURVEY. Abstract No. 1040. and being a portion of former Jim Christal Road [also former State Highway 24), and also embracing a part of that certain tract conveyed by Annie Spurgin to J. Newton Rayzor by deed recorded in Volume 440. Page 342, of the Denton County Deed Records, and all being more fully described as follows: COMMENCING point of int~ection of a northwesterly line of a relocated portion of said Jim Christal Road with the northeasterly Une of Oak Street West. said intersection point being a comer of that certain right-of-way dedication described in City Ordinance No. 93-{)57, recorded under County Clerk's File No. 93-R0022195, said point being on a cUrve whose center bears South 37 degrees, 21 minutes, 25 seconds West. 790.0 feet; THENCE northwesterly with said curve and said northeasterly fine of Oak Street West. a c:flStance of 196.B2 to the PLACE OF BEGINNING OF THE TRACT HEREIN DESCRIBED in the south line of said former Jim Christal Road; THENCE continuing with said curve and said northeasterly line of Oak Street West. crossing said former Jim Christal Road. a distance of 228.13 feet to a point in the north line of said former Jim Christal Road and the south line of that certain Second Tract conveyed to J. Newton Rayzor by deed recorded in Volume 442, page 679, of said Deed Records; THENCE North 89 degrees. 30 minutes. 25 seconds East with said north fine of former Jim Christal Road and south line of said Rayzor Second Tract. 680.70 feet to the point of intersection of sold north and south line with said northwesterly line of relocated Jim Christal Road. said point being on a curve whose center bears South 0 degrees. 36 minutes, 23 seconds East. 340.57 feet; THENCE westerly with said curve and said northwesterly fine of relocated Jim Christal Road. again crossing said former Jim Christal Road. in all. a distance of 204.58 feet to the point of int~ection of said northwesterly line with said south line of former Jim Christal Road; THENCE South 89 degrees. 30 minutes. 25 seconds West with said south line of former Jim Christal Road. 269.04 feet to the PLACE OF BEGINNING. and containing 25.187 square feet (0.5782 ocre). 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