2004-045NO. d, Od- dV'-
AN ORDINANCE BY THE CITY OF DENTON ABANDONING AND VACATING A
PORTION OF STREET RIGHT-OF-WAY TO THE CITY OF DENTON, TEXAS RECORDED
IN CLERK'S FILE NO. 2003-R00! 8777 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS, BEING PART OF THE H.H. HAYGOOD SURVEY, ABSTRACT NO.
517; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Carmen Investments Inc., has made a request to the City Council of
the City of Denton, Texas to abandon a portion of street right-of-way containing
approximately 0.165 acre of land and located in Country Club Village, an addition to the
City of Denton, Texas, according to the plat thereof and being recorded in clerk's file no.
2003-R0018777 of the Real Property Records of Denton County, Texas and a more particularly
described in Exhibit "A" and illustrated in Exhibit "B", attached hereto and made a part
hereof by reference (the "Street Right-of-Way"); and
WHEREAS, the City of Denton Engineering Department has reviewed the right-
of-way abandonment application and determined that the Street Right-of-Way, all of
which is located within a traffic island, is not needed for future street purposes; and,
WHEREAS, the City Council hereby finds and determines that the Street Right-
of-Way is not needed for street purposes and it is in the public interest to abandon the
Street Right-of-Way and the City's interests therein to the underlying fee owner, Carmen
Investments, Inc. ("Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The recitations and findings conta'med 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 fight, 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 /~/~ dayof L~t'Z/Z/IZ//~ , 2004.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
Page 2
EXHIBIT ' A'
PROPERTY DESCRIPTION
STATE OF TEXAS:
COUNTY OF DENTON:
BEINr~ a tract of land situated in the flJg. Haygoed Survey. A~trect NO. 517, City of Benton,
Denton County, Texas, being a portion of Fairway Drive right-of-way as dedicated by the final
plat of COUNTY CLUB VILLAGE, PHASEJ-A, an addition to the City of Denthr~ Denton
County, Texas as recorded In Cabinet U, Slids 862 of the Plat Records of Tarr> County, Texas
anti being more porticu]ar~y described as foltow~
CON~ENCING at a i/2" redar ,capped set at the intersection of the southeasterly line of U~.
Highway No. 377 (Called ~20 R.O.N., ed~oining R.O.N. per Volume 288, Page 483, DRDCT~
with the northeasterly lire of said Fairway O~ive (iO0' R.O.N. at this point);
TFENCE S 6t '09'48" E along the northeasterly line of said Fairway D~ive, a Distance of 3550
feet to a po~t, from which a t/2" rebar capped set be~s S 6~'09'46" E, 24~.02 feet;
THENCE S 28 '50't4" W, departing the nertheastarly line of said Fairway Drive. traversing said
Fairway O~ive, a distance of 38.50 feet to the POINT OF BEG~NINB of the herein ~escribed
tract of la~
THENCE traversing said Fairway Drive. as fol~o~
S 6i'09'46' E. a distance of 232.53 feet to the point of curvature of s circular curve to the
right, having a radius of 48.00 feet;
Southeasterly, along said curve, having ,a. cen~al angle of 44'02~5", an arc distance of
36.90 feet and a chord that bears S 39 OB'lB E, 38.00 feet to the point of cur.v,a.t,.u~., of a
non compound c~cu)ar curve to the right, having a red)us point that bears N i5 ~2 4t" ~.
48.00 feet;
NOrthwesterly, along said curve, having a santral ang)e of 44'02~5", an arc distance of
36.90 feet and a chord that Dears N B3'~i'i4" t~. 36.00 feet to the point of tangoncy,
N 6~'09'46" ~, a distance of 232.53 feet to the point of curvature of a circular curve to
the right, having a rediua of ~3.50 feet;
Northesaterly, a)on9 said curve, having a can.tr..a! angle of lBO '00~)0", an arc distance of
42.4~' feet and a chord that hears N 2B'50'i4 E, 27.00 feet to the POINT OF
BEBIh~G an~ containing 7.~84 square feet or O.IB5 acre of ]and.
NOTE'.
Bearings ere refecenced to the final p~at of County C]ul~ Village. Phase i-A. recorded in Cedinet
U, Slids 862 of the P]at Records of Denton County, Texas.
~ (~DD~Jl~ ~ Scole, NONE Sheet
~ Dole, JAN. 2004: 1
OMmn4~ne~~,LA~-sunve?ons Job No. ~ 10026 of
e0o~ ,,~ e~,~ acm ~o~ r~ wren T~ ~S )rofled~ E.V.D.
~eo e~ ~) 4m-4~'~ 3hecked ~ J.S.B.
EXHIBIT "B'
/ / ,
~'. RPRDCT
/ ~ , ~,~_~' ..... CARMEN INVESTMENTS. I~.
/ / ' 'D.R.D.C.T~
~ DATA
/ ~VE ~ DELTA ~US ~O~ T~E~ C~D C~RD ~AR~ I
cIj 44'0~'55' 48.00' ~6.90' 19.4Z' ~6.00'
~ 180'00'00' 13.50/ 42.41' 27.00' N28'50'14' E
~D~ Scale, I' = I00' Sheet
~ Date~ JAN. 200~
~.~.~ Job No. ~ 10026 of
~ (~l~ ~ Checked ~ J.S.B.