2002-035ORm ANCE NO.
AN ORDINANCE VACATING, CLOSING, AND ABANDONING AS PUBLIC
STREET A PORTION OF MARTIN STREET BETWEEN HILL ALLEY AND
JACKSON STREET; AUTHORIZING THE CITY MANAGER OR HIS DESIGNEE
TO SIGN A QUIT CLAIM DEED CONVEYING THE ABANDONED RIGHT-OF-
WAY TO THE ABUTTING OWNER, HABITAT FOR HUMANITY OF DENTON
COUNTY; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, Habitat for Humanity of Denton County has made a request to the
City Council of the City of Denton, Texas to close and abandon certain portions of
Martin Street in the City of Denton containing approximately 0.078 acre of land as more
particularly described in Exhibit "A" attached hereto and made a part hereof by reference
(the "Property"); and
WHEREAS, the City of Denton Engineering Department has reviewed the
Property and determined that it is excess right-of-way that was originally dedicated in
error and is not needed for future street purposes; and
WHEREAS, the City Council hereby finds and determines that the Property is not
needed for street purposes and it is in the public interest to abandoned the Property and
quit claim the City's interests therein to the abutting owner, the Habitat for Humanity of
Denton County ("Abutting Owner"); NOW, THEREFORE,
THE COUNCIL OF THE CITY OF DENTON, TEXAS, HEREBY ORDAINS:
SECTION 1. The City Council hereby abandons the Property subject to the right
of any existing utilities within the Property, if any, to continue to locate and operate
therein (the "Utility Easement Reservation") and further subject to final plat approval of
of the Abutting Owner's abutting property for single family residences. Upon such final
plat approval the City Manager, or his designee, is authorized to execute a quit claim
deed to the Abutting Owner for the Property, subject to the Utility Easement Reservation.
SECTION 2. This ordinance shall become effective immediately upon its passage
and approval.
PASSED AND APPROVED this the /~'~3 day of ~~, 2002.
EULINE BROCK, MAYOR
ATTEST:
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM:
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EXIIlBIT "A"
THE "PROPERTY"
ALL THAT CERTAIN TRACT OR PARCEL OF LAND LYING AND BEING
SITUATED IN THE A. HILL SURVEY, ABSTRACT NUMBER 623, CITY OF
DENTON, DENTON COUNTY, TEXAS, BEING A PART OF A TRACT
DESCRIBED IN A DEED TO THE CITY OF DENTON, RECORDED IN VOLUME
582, PAGE 654, DEED RECORDS, DENTON COUNTY, TEXAS, AND BEING
MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING AT A V2 INCH IRON PIN SET WITH A YELLOW PLASTIC CAP
STAMPED METROPLEX 1849 AT THE SOUTHWEST CORNER OF A TRACT OF
LAND DEXCRIBED IN DEED TO HABITAT FOR HUMANITY, RECORDED IN
VOLUME 4600, PAGE 1276, REAL PROPERTY RECORDS, DENTON COUNTY,
TEXAS;
THENCE NORTH 14 DEGREES 36 M1NUTES 48 SECONDS WEST WITH THE
WEST LINE OF SAID HABITAT TRACT, A DISTANCE OF 72.34 FEET TO THE
SOUTHWEST CORNER OF SAID CITY OF DENTON TRACT AT POINT-OF-
BEGINNING OF THE HEREIN DESCRIBED TRACT;
THENCE NORTH 14 DEGREES 36 MINUTES 48 SECONDS WEST WITH THE
WEST LINE OF SAID CITY OF DENTON TRACT, A DISTANCE OF 15.74 TO A ½
INCH IRON PIN SET WITH A YELLOW PLASTIC CAP STAMPED METROPLEX
1849;
THENCE NORTH 82 DEGREES 31 M1NUTES 54 SECONDS EAST, A DISTANCE
OF 58.28 TO A ½ INCH IRON PIN SET WITH A YELLOW PLASTIC CAP
STAMPED METROPLEX 1849;
THENCE NORTH 89 DEGREES 41 MINUTES 17 SECONDS EAST, A DISTANCE
OF 100.83 TO A ½ INCH IRON PIN SET WITH A YELLOW PLASTIC CAP
STAMPED METROPLEX 1849;
THENCE SOUTH, A DISTANCE OF 23.36 FEET TO THE SOUTH LINE OF SAID
CITY OF DENTON TRACT;
THENCE WEST WITH THE SOUTH LINE OF SAID CITY OF DENTON, A
DISTANCE OF 154.65 FEET TO THE POINT-OF-BEGINNING, AND CONTAINING
IN ALL 0.078 OF AN ACRE OF LAND.
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