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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