2005-056S:\Our Documents\Ordinances\05~vlitchell ROW Abandonment Ordinance. DOC
ORDINANCE NO. ~005-
AN ORDINANCE APPROVING AN ABANDONMENT OF STREET RIGHT-OF-WAY FOR
A PORTION OF WOODROW LANE ADJACENT TO A 0.510-ACRE TRACT OF LAND AS
DESCRIBED IN DEED FROM THOMAS W. WHILTLOCK TO WILLIAM L. MITCHELL,
II, AND DAVID J. MORAINE, AS RECORDED UNDER CLERK'S DOCUMENT NUMBER
2004-1871, REAL PROPERTY RECORDS, DENTON COUNTY, TEXAS, AND BEING
LOCATED IN THE J. BROCK SURVEY, ABSTRACT NUMBER 55, DENTON COUNTY,
TEXAS; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, William L. Mitchell, Il and David J. Moraine have made a request to the
City Council of the City of Denton, Texas to abandon a portion of Woodrow Lane containing
approximately 0.003 acre of land as more particularly described in Exhibit "A" and illustrated on
Exhibit "C" attached hereto and made a part hereof by reference (the "Abandoned Area") that
lies adjacent to a 0.510 acre tract of land as described in deed from Thomas W. Whiltlock to
William L. Mitchell. II, and David J. Moraine (the "Adjacent Owners"), as recorded under
Clerk's Document Number 2004-1871, Real Property Records, Denton County, Texas (the
"Adjacent Property"); and
WHEREAS, the City of Denton Engineering Depamnent has reviewed the abandonment
request and has determined that the Abandonment Area is not needed for current or future street
purposes; and
WHEREAS, the Adjacent Owners have made application for final plat ("Final Plat")
approval of the Adjacent Property; and
WHEREAS, the Planning and Zoning Commission ("P&Z") granted the Adjacent
Owners a variance to the City's subdivision regulations to reduce the right-of-way requirement
for Woodrow Lane from a 55 foot right-of-way to a 40 foot wide right-of-way; and
WHEREAS, the City Council hereby finds and determines that the Abandonment Area is
not needed for street purposes and it is in the public interest to abandon the Abandonment Area,
if and when the Variance Request is approved, and upon payment by the Adjacent Owners to the
City of the fair market value of the Abandonment Area as determined by an appraiser obta'med
by the City; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS:
SECTION 1. The findings and recitations contained in the preamble of this ordinance
are incorporated herein by reference.
SECTION 2. The Abandonment Area is abandoned upon the occurrence of the following
conditions precedent (the "Conditions Precedent"):
a. The Final Plat is approved; and
The Adjacent Owners pay to the City the fair market value of the Abandonment
Area as determined by an appraiser obtained by the City Manager or his designee.
SECTION 3. Once the City Manager or his designee determines that the Conditions
Precedent have been fulfilled, he is authorized to execute and deliver to the Adjacent Owners a
quit claim deed, quit claiming unto the Adjacent Owners all of the City's right, title and interest
in and to the Abandonment Property, in substantially the same form as the quit claim deed
attached hereto and made a part hereof as Exhibit "C" (the "Quit Claim Deed"). The execution
and delivery of the Quit Claim Deed shall evidence that the Conditions Precedent have been
fulfilled and the abandonment of the Abandonment Property is complete.
SECTION 4. This ordinance shall become effective immediately upon its passage and
approval.
PASSED AND APPROVED this the c~M -- day of~~~/, 2005.
b'
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
HERBERT L. PROUTY, CITY ATTORNEY
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EXHIBIT "A"
RIGHT*OF-WAY ABANDONMENT
FIELD NOTES
0.003 ACRE
BEING all that certain lot, tract or parcel of land situated in the J. Brock Survey
AbMmct Number 55 in the City of Denton, Denton County, Texas, being a part of
Wondrow Lane right-of-way and being adjacent to that certain lract of land
conveyed by deed to William L. Mitchell, II and David J. Moraine recorded under
Document. Number 2004-1871, Real Property Records, Denton County, Texas,
and being more particularly described as follows:
BEGINNING at an iron rod found for con~r in the east line of Woodrow lane, a
public roadway having a right-of-way of 80.0 feet, said point being the southwest
Texas according to the plat thereof recorded in Cabinet S, Page 145, Plat
Records, Denton County, Texas;
THENCE S 01' 07' 42" E, 80.31 feet with said east line of said Woodrow Lane to
an iron rod found for comer;,
THENCE S 01°.27' 03" W, 74.62 feet with said east line of said Woodrow lane to
an iron md found for comer, said point being the northwest corner of Shyster
Addition, an addition to the City of Denton, Denton County, Texas according to
the plat lhereof recorded in Cabinet Q, Page 242, Plat Records, Denton County,
Texas;
THENCE N 00' 06' 50" E, 154.90 feet to the PLACE OF BEGINNING and
containing 0.003 acre of land.
LOT ~. BLOCK f
BUCHANAN ADDITION
. CAB. S, PO. 145
P.R.D.C, T.
] _ 40.0'
~ ~AB. O, PG. 242
· ~ P.R.D.C.T.
EXHIBIT B
ABA NDONMENT
EXHIBIT'
!:1:.~.:': :' :-...:.?0~.: LEGAL DESCRIPTION SEE.
['. . EXHIBIT A ': ' :.~
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EXHIBIT "C"
QUIT CLAIM DEED
THE STATE OF TEXAS §
COUNTY OF DENTON §
KNOW ALL MEN BY THESE PRESENTS:
THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State
of Texas (the "Grantor"), in consideration of the sum ofTen Dollars and No Cents ($10.00) and
other good and valuable consideration in hand paid by the William L. Mitchell, II and David J.
Moraine of the County of Denton, State of Texas (the "Grantee"), the receipt of which is hereby
acknowledged, does by these presents, QUIT CLAIM unto Grantee, its successors and assigns,
all its right title and interest in and to that certain tract or parcel of land conta'ming approximately
0.003 acre lying in the City of Denton, County of Denton and State of Texas, described in
Exhibit "A" and illustrated in Exhibit "B" attached hereto and made a part by reference (called
the "Property").
TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the Property
unto the Grantee, its successors and assigns forever, so that neither Grantor nor its successors or
assigns shall have, claim or demand any right or title to the Property or appurtenances or any part
thereof.
Wimess my hand, this the day of
,2005.
CITY OF DENTON, TEXAS
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
By:
Michael A. Conduff
City Manager
BY:
APPROVED AS TO LEGAL FORM:
HERBERT L. PROUTY, CITY ATTORNEY
BY:
S:\Our Documents\Contracts\05Wiitchell Quit Claim Deed.doc
THE STATE OF TEXAS §
COUNTY OF DENTON §
ACKNOWLEDGMENT
This instrument was acknowledged before me on , 2005 by
Michael A. Conduff, City Manager, of the City of Denton, Texas, on behalf of said city.
Notary Public, in and for the State of Texas.
My Commission Expires:
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