2000-058F \SHARED\DEPT~LOL\Our D~cuments\Ordmances\00~Parkway abandonment doe
ORDINANCE NO d0~-OJ~
AN ORDINANCE OF THE CITY OF DENTON, TEXAS, ABANDONING AND VACATING
THAT CERTAIN STREET RIGHT-OF-WAY BEING APPROXIMATELY 0 213 ACRE OF
LAND AND BEING A PORTION OF THE RIGHT-OF-WAY FOR PARKWAY STREET
LOCATED AT THE SOUTHEAST CORNER OF SAID STREET AND CARROLL
BOULEVARD IN THE W NEIL SURVEY ABSTRACT NUMBER 971 IN THE CITY OF
DENTON, DENTON COUNTY, TEXAS, RESERVING A UTILITY EASEMENT,
PROVIDING FOR A QUIT CLAIM DEED, AND PROVIDING AN EFFECTIVE DATE
WHEREAS, the City of Denton has received a request for abandonment of certain street
right-of-way from Northstar Bank, the owner of property abutting smd right-of-way, and
WI-IEREAS, the City Council of the City of Denton has determined that the right-of-way
to be abandoned is no longer needed for street usage, and
WHEREAS, the City Council finds that the proposed abandonment and sale falls under
the bid exemptions set forth in Subsections 271 001(1)&(2) of the Local Government Code, and
WHEREAS, the fair market value of the street right-of-way has been determined and
received by the City as required by Section 271 001 of the Local Government Code, NOW,
THEREFORE,
THE COUNCIL OF THE CITY OF DENTON HEREBY ORDAINS
SECTION 1 The street right-of-way being approximately 0 213 acre of land and being a
portion of the right-of-way for Parkway Street located at the southeast comer of said street and
Carroll Boulevard as more particularly described in Exhibit "A" attached hereto by reference
(called the "Property") is hereby abandoned and vacated as street right-of-way for public use,
provlded~however, there is hereby reserved in the Property, a public utility easement for the
purpose bf constructing, reconstructing, repmnng, and maintalmng underground utlhty and
drainage faclht~es, and further subject to a restrictive covenant running with the Property
prohibiting the building or construction of any buildings within the Property or any other
structures that may lmpmr the use of the Property for underground utility and drainage facilities
and further prohibiting the removal of any exlstmg trees on the Property without first obtatmng
the written consent of the City of Denton, Texas
SECTION 2 By reason of this abandonment ordinance, the Property reverts to the abutting
owner, subject to the above mentioned reserved utility easement and restrictive covenant
However, the City Manager is hereby authorized to execute a quit clmm deed to the abutting
owner which is consistent w~th the terms of this ordinance
SECTION 3 This ordinance shall become effective immediately upon its passage and approval
Page 1
F \SHARED\DEPT~LOL\Our Documents\Ordmances\00~Parkway abandonment doc
PASSEDANDAPPROVEDtlusthe /~-¢dayof~~ ,
2000
JACK. ER, MAYOR
ATTEST
JENNIFER WALTERS, CITY SECRETARY
APPROVED AS TO LEGAL FORM
HERBE~~TTORNEY
By ~ '~ / /
Page 2
9911317a
FIELD NOTES
0.213 ACRE
BEING all that certain lot, tract or parcel of land s~tuated ]n the W Nell Survey
Abstract Number 971 ~n the C~ty of Denton, Denton County, Texas, being a part
of that certain tract of land designated as right-of-way on the south s~de of
Parkway Street, a public roadway hawng a vanable w~dth ,ght-of-way, and
being more particularly descnbed as follows
BEGINNING at an iron rod found for corner ~n the south I~ne of sa~d Parkway
Street and east line of Carroll Boulevard, a public roadway, sa~d point being the
northwest corner of Lot 1, Block A, of Northstar Bank Addition, an addition to the
C~ty of Denton, Denton County, Texas according to the plat thereof recorded ~n
Cabinet Q, Page 290, Plat Records, Denton County, Texas,
THENCE N 01° 34' 08" E, 57 05 feet w~th sa~d east line of sa~d Carroll Boulevard
to an ~ron rod set for corner ~n the proposed south hne of sa~d Parkway Street,
THENCE along the arc of a curve to the right having a central angle of 19° 36'
10", a radius of 600 00 feet, an arc length of 205 28 feet, whose chord bears S
80° 19' 59" E, 204 28 feet w~th sa~d proposed south hne of sa~d Parkway Street
to an ~ron rod set for corner,
THENCE S 01° 06' 32" W, 22 73 feet to an ~ron rod found for corner, sa~d point
being the northeast corner of sa~d Lot 1, Block A, of sa~d Northstar Bank
Addition,
THENCE WEST, 202 50 feet w~th the north line of said Northstar Bank Addition
to the, PLACE OF BEGINNING and containing 0 213 acre of land
METE~ R=600 00'
WATI -- =205.28'
INLET ~CK OF CURB
qx~ 22 75'
57 05'
1-STY BRICK RE
ON CONC. SLAB
LOT 1, BLOCK
NORTHSTAR BANK ADD/T/ON
CAB. O, ~G. 290
~.R.D C. T.
CONC
QUIT CLAIM DEED
THE STATE OF TEXAS §
§ KNOW ALL MEN BY THESE PRESENTS
COUNTY OF DENTON §
THAT the City of Denton, Texas, a municipal corporation of the County of Denton, State
of Texas (the "Grantor"), in consideration of the sum of one dollar ($1 00) and no cents and
other good and valuable consideration in hand paid by the Northstar Bank 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
~nterest in and to that certain tract or parcel of land lying in the County of Denton and State of
Texas, described in Exhibit "A" attached hereto and made a part by reference (called the
"Property"), subject to the reservation of a public utility easement for the purpose of
constructing, reconstructing, repamng, and maintaining underground utility and drainage
facilities, and further subject to a restrictive covenant running with the Property prohibiting the
building or construction of any buildings within the Property or any other structures that may
impair the use of' the Property for underground utility and drainage facilities (called
"Reservations and Restnchons")
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 succossors or
assigns shall have, claim or demand any right or title to the Property or appurtenances or any part
thereof, save and except the Reservations and Restnchons
2000
Witness my hand, this the ID "-- day of ~ ,
CITY OF DENTON, TEXAS
By 3~ ~t/"/~}//
~lc'~ael W/ez, Clty~anlger
·
COUNTY OF DENTON §
This instrument was acknowledged before me o~~'fig,~'~/~., 2000 by
Mlcha~lW Jez, CltyManager, CltyofDenton / J /-'~_ ?'
i'-'d :";'~-=~' -~ --~- - - D Notarl/Publ[c, In a{ld'f~r tZde'State of Texas