2005-005ORDINANCE NO. ~0~~ 00~
AN ORDINANCE OF THE CITY OF DENTON ABANDONING AND VACATING A
0.322 ACRE STREET RIGHT-OF-WAY EASEMENT TRACT AND A 0.126 ACRE
UTILITY EASEMENT TRACT, BOTH DEDICATED TO THE CITY OF DENTON,
TEXAS BY THE DREAMLAND ADDITION PLAT, RECORDED IN VOLUME 6,
PAGE 12 OF THE PLAT RECORDS OF DENTON COUNTY, TEXAS; AND
PROVDING AN EFFECTIVE DATE.
WHEREAS, the City of Denton has received a request from the underlying fee
simple owner, The City Of Denton Housing Corporation, for the abandonment of 0.322
acre street right-of-way tract and for the abandonment of a 0.126 acre utility easement
tract, both being particularly described and depicted in Exhibits "A" and "B" attached
hereto and made a part hereof by reference (the "Abandonment Area"); and,
WHEREAS, staff has reviewed the requested abandonment of the Abandoned
Area and has recommended approval subject to the granting to the City of an access
easement to a City park as provided for herein; and,
WHEREAS, the City Council of the City of Denton, Texas has determined,
subject to the requirements contained herein, that it is in the public interest to abandon the
Abandonment Area and the City's interest therein to the underlying fee owner, The City
Of Denton Housing Corporation ("Owner"); and,
WHEREAS, notwithstanding any of the above, the City of Denton hereby retains
all easement and street right-of-way rights in all other easements and street rights-of-way
tracts, whether conveyed by other instruments or by plat, in which the easement tracts
described for abandonment herein cross and or overlap; NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The recitations and findings contained in the preamble of this
ordinance are incorporated herein by reference.
SECTION 2. Subject to the requirements for an access easement as provided
herein, the Abandonment Area in hereby permanently abandoned with all of the City's
right, title and interests being quit claimed to the Owner. Prior to the abandonment and
quitclaim taking affect, the Owner shall grant to the City a 12 foot wide
bikeway/walkway public access easement across Owner's property between Ruddell
Street and Phoenix Park at a location mutually agreed to by the City and the Owner.
Upon the granting of the access easement to the City the City Manager or his designee is
authorized to execute and deliver to the Owner a quitclaim deed in recordable form
evidencing the abandonment and quitclaim.
SECTION 3. This ordinance shall become effective immediately upon its passage
and approval.
,/
PASSED AND APPROVED this the 4~-~ day of ~ ,2005.
ATTEST:
JENNIFER WALTERS,~2ITY SECRETARY
APPROVED AS TO LEGAL FORM:
BY:
Page 2
DE:NTON HOUSING CORP. 11-30-04
~EG04~$~ AMW
FIELD
EXHIBIT A
20' UTILITY EASEMENT ABANDONMENT
Being a 0.126 acre tract of land out of the Hiram Sisco 320 acre Survey, Abstract No. 1184,
Denton County, Texas, and being part of that certain 12.5795 acre tract of land described in a
deed to The City of Denton Housing Corporation as recorded in Volume 971, Page 141, oftbe
Deed Records, Denton County, Texas, and part of the same being known as Dreamland
Addition, an addition to the City of Denton, Den*on County, Texas, according to the plat
recorded in Volume 6, Page 12, of the Plat Records of Denton County, Texas, said 0.126 acre
tract being more particularly described by metes and bounds as follows;
COM!Mlg, NCING at a 3/8-inch iron rod found for the northwest comer of said 12.5795 acre
tract, lying in the north fight of way line of Hickory Street (a variable width R_O.W.), also being
the Southwest c~ner of Lot 5, Block C, of the Fourth Replat ofthe R.A. Kirksieck Addition, an
addition to the City of Denton according the Final Plat recorded in Volume 5, Page 52, of the
Plat Records of Denton County, Texas; :
TI~KNCE South 01 degrees 03 minutes 52 seconds East, along the west line oi'sald 12.5795
acre tract, also along the east line of Solomon Hill Addition an addition to the ~ity of Danton,
distance of 510.00 feet, to a point for comer, said point being the Northwest comer hereof and
the POINT OF BEGINNING of the herein described 0.126 a~re tract;
'I~I~.NCE North 89 degrees 29 minutes 30 seconds East, over and am'ess said 12.5795 acre tract,
a distance of 274.44 feet, to a point for the northeast corner hereof lying in the east line of said
12.5795 a~re tract;
'l'tS s:0~CE S 01° 03' 07" E, along the east line of said 12.5795 aere tract, 25.00 feet parallel and
east ora 25.00 foot wide fight of way dedication as shown on tho Final Plat of said Dreamland
Addition for a diatance of 20.00 feet, to a point for the southeast comer hereof;
'!'- ~:NCE South 89 degrees 29 minutes 30 seconds West, over and across said Dreamland
Addition, a distance of 274.43 feet, to a point for the southwest comer hereoP,
']'- s:NCE North 01° 03' 52" West, along the west line of said 12.5795 acre tract, also along the
east line of said Solomon Hill Addition, a distance of 20.00 feet, to the POINT OF
BEGINNING and containing 0.126 (5,487 Sq Ft) gross acres of land, more or less.
Texas Registered Professional land Surveyor
Registration No. 5786 ;
.....
Date; December 02, 2004
SHEET 1 of 2
POINT OF
COMMENCING
LOT 17
LOT SB
LOT2
LOT4
LOT 1
E~T A
2ff UTILITY F_A~EMENT
ABANOONMENT
FOUR*II-I REPt. AT of
R.A. KIRKSEICK
VOL, 5, PO. 52
LOT 5 D.R.D.C.T.
3/~' ~F [BASIS OF BEARING]
N89'29'30'E-274.55
HICKORY STREET
DREAMLAND ADDmOI~.
VOL6 PG. 12
P.R.D.C.T.
THE CiTY OF DENTOI~
i ~ HOUSING CORPORATION
VOl.. 971, PG. 141
* D.R.D.C.T. II
I~, [~2.5'/~ AC.]
t__
POINT OF * i
BEGINNING I
N~"~'30'~ 274.44'
I
I
LOT4
DENTON COUNTY CRIMINAl.
LOT 1, BLOCKA
CNalNEr MJ~AGE ~4
P.R.D,C.T.
LEGEND
· 1/2' IRON ROD FOIMD
Project: IEG04358
Drawn by: PJK
Checked by: AMW
Scale: 1' = 100'
( IN FEET )
1 Inch =
GRAPHIC $CN.E
DENTON H'OUS]NG CORP. ! !-3004
1EG04358 AMW
FIELD NOTES
EXHIBIT B
50' STREET RIGHT-OF-WAY
EASEMENT ABANDONMENT
Being a 0.322 acre tract of land out of the Hiram Sisco 320 a~e Survey, Abstract No. 1184,
Denton County, Texas, and being pm of that cextain 12.5795 acre tract of land described in a
deed to The City of Denton Housing Corporation as ~corded in Volume 971, Page 141, of the
Deed Records, Denton County, Texas, and part of the same being known as Dreamland
Addition, an addition to the City of Demon, Denton County, Texas, acc, ording to the Final Plat
r~ordcd in Volume 6, Page 12, of the Plat Records of Denton County, Texas, said 0.322 acre
tract being more particularly dc$~rib~l by metes and bounds as follows;
COMMENCING at a 3/8-inch iron rod found for the southwest comer of said 12.5795 acre tra~,
also being the Northwest comer of Lot 1, Block A, of the Final Plat of Denton Housing Authority
recorded in Cabinet T, Page 77 of the Plat Records of Danton County, Texas;
TIq~NCE North 01 o 03' 52" West, along the west line of said 12.5795 acre tract, the east line of
that certain tract of land described in a deed to the City of Dentun as recorded in Volume 933,
Page 705 and Page 715 of the Deed Records of Deaton County Texas, a distance of 676.22 feet,
to the POINT OF BEGINNING of the herein described 0.322 aero tract;
'I'H e:NC~ North 01° 03' 52" West, along the west line of said 12.5795 aero tract, the east line of
said City of Denton a distance of 52.39 feet, to a point for the northwest corner hereof;
THE, NCE South 73 degrees 41 minutes 05 seconds East, over and across said 12.5795 acre tract,
a distance of 118.58 feet, to a point for corner, for the beginning of a curve to the loft, having a
radius of 175.00 feet, a chord which bears South 82 degrees 22 minutes 06 seconds East and a
chord distance of 52.84 feet;
Tm~NCE along said curve to the lefk an are length of 53.04 feet, to a point for corner;
TH s:~[C~ North 88 degrees 56 minutes 53 seconds East, over and across said 12.5795 acre
tra~, a distance of 108.85 feet, to a point for the northeast corner hereoi~ lying in the east line of
said 12.5795 acre tract;
TglENC~ S 01° 03' 07" E, dong the east line of said 12.5795 acre tract, 25.00 feet parallel and
east of a 25.00 foot wide right of way dedication as shown on said Dreamland Addition a
distance of 50.00 feet, to a point for the southeast comer hereof;
;
THENCE South 88 degrees 56 mimltes 53 seconds West, over and across said Dreamland
Addition and said 12.5795 a~re tract, a distance of 108.85 feet to a point for corner, also being
the bagh~ning of a curve to the right, having a radius of 225.00 feet, a chord which bears
North 82 degrees 22 minutes 06 seconds West and a chord distance of 67.94 feet;
SHEET 1 OF 3
DE1'.rrON HOUSING CORP. ! 1-30,-04
IEG04358 AMW
THENCE along said curve to the right au arc length of 68.20 fe~t, to a point for comer;
'I'B_ENCE North 73 degrees 41 mimrtes 05 seconds West, over and across said 12.5795 acre
tract, a distance of 102.93 feet, to the POINT Ol~ BEGINNING and containing 0.322
(5,487 Sq FO acres of land, morc or lcss.
Tex~ Registered Professional l~nd Surveyor~.~......~..~t~...~
Date: December 02, 20~44 ~
$]-/~.I~.T 2 OF 3
PO]lqT OF
BI.INNING
VOl.. g33, PG, 715
D~D.C.T.
l~Ogq'~ OF
COM/~C~qG
DREAMLAND ADDmON
VOL. 6PG. 12
P.R.D.CT.
[125795 AC.]
THE OTYOF DF, NTON
HOUSING CORPORATION
VOL 971, PG. 141
D.R,D.C.T.
HIRAM SISCO SURVY
ABSTRACT NO. 1184
'1
APPROXIMATE LOCATION
OF SURVEY LINE
J. BROCK SuRvrEY
ABSTRACT NO. 14-71
FH',IAL PLATOF
U~I'I -BIXA
IN,NfO# HOUSIN6 AU~
CAB. T, P6. 77
PJU~C.T.
DELTA I LENGIH RADIUS CHRDBRG CHORD
'~7'22'02'! 53.O4. 175.~0 I S82"22'OS"E I 52.S'1.
I c2 I 17'22'02'1 88.20 I 225.00 I NB2'22'O6'W] 67.94-
PreJeef: IE004558
Dr~wn by: PJK
Checked by~ AMW
S~ale: I' = 100'
--i
(INFEET)
! In~ = 10~
LEGEND
~HKK~' 3 OF 3