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HomeMy WebLinkAboutOrdinance No. 2014-2083 CITY OF THE COLONY, TEXAS ORDINANCE NO. 2014- 1 n 8 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, APPROVING THE ABANDONING AND RELEASING OF A WATERLINE EASEMENT ON AN APPROXIMATELY 95.26 ACRE TRACT OF LAND IN THE B.B.B. & C.R.R. CO. SURVEY, ABSTRACT NO. 173, TRACT 1, CITY OF THE COLONY, DENTON COUNTY, TEXAS; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, John Griffin, Jr. and Dorothy Griffin, granted a ten foot (10') wide Waterline Easement located in, on, under, over and across an approximately 95.26 acre tract of land in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, Tract 1, Denton County, Texas (the "Easement Property"), to the Lebanon Water Supply Corporation, its successors and assigns, forever, which easement is.described in a document dated the 27th day of January, 1966, and recorded in Volume 537, Page 389 of the deed records of Denton County, Texas (the "Easement"); and WHEREAS, on October 5, 1992, the City Council for the City of The Colony, Texas, approved the transfer of said Easement and other assets from the Lebanon Water Supply Corporation to the City of The Colony, Texas, making the City of The Colony a successor in interest to said Easement; and WHEREAS, the City of The Colony, Texas, believes it is in the best interest of the City and no detriment to the public to abandon the Easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2. That the City Council of the City of The Colony, Texas, does hereby approve the Release of Easement, a copy of which is attached hereto and incorporated herein as ExhibitA of this Ordinance. SECTION 3. That it is hereby declared to be the intention of the City Council of the City of The Colony, Texas, that.the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable, and if any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation of this Ordinance of any such unconstitutional phrase, clause, sentence,paragraph or section. SECTION 4. That any provision of any prior ordinance of the City whether codified or uncodified, which are in conflict with any provision of this Ordinance, are hereby repealed to the extent of the conflict, but all other provisions of the ordinances of the City whether codified or uncodified, which are not in conflict with the provisions of this Ordinance, shall remain in full force and effect. SECTION 5. That this Ordinance shall become effective immediately upon its passage. DULY PASSEA by the City Council of the City of The Colony, Texas, this the 9 ` day of ,t, ' , 2014. I - /' ! ted; +e McCou , Mayor ATTEST: 7 (1/LA--g-fik-A- ...... 4f T e Christie Wilson, City Secretary CJS �_- 1 :rc ; APPROVED AS TO FORM: 111114.461.. TEX A f Jeff Moo le, City Attorney 2 r— n"-Thy AFTER RECORDING,RETURN TO: Christie Wilson City of The Colony 6800 Main Street The Colony, Texas 75056 NOTICE OF CONFIDENTIALITY RIGHTS: IF YOU ARE A NATURAL PERSON, YOU MAY REMOVE OR STRIKE ANY OR ALL OF THE FOLLOWING INFORMATION FROM THIS INSTRUMENT BEFORE IT IS FILED FOR RECORD IN THE PUBLIC RECORDS: YOUR SOCIAL SECURITY NUMBER OR YOUR DRIVER'S LICENSE NUMBER RELEASE OF EASEMENT STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF DENTON § WHEREAS, John Griffin, Jr. and Dorothy Griffin granted a ten foot (10') wide Waterline Easement located in, on, under, over and across an approximately 95.26 acre tract of land in the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, Tract 1, Denton County, Texas (the "Easement Property"), to the Lebanon Water Supply Corporation, its successors and assigns, forever, which easement is described in a document dated the 27th day of January, 1966, and recorded in Volume 537, Page 389 of the deed records of Denton County, Texas (the "Easement"); and WHEREAS, on October 5, 1992, the City Council for the City of The Colony, Texas, approved the transfer of said Easement and other assets from the Lebanon Water Supply Corporation to the City of The Colony, Texas, making the City of The Colony a successor in interest to said Easement; and WHEREAS, the City of The Colony, Texas, believes it is in the best interest of the City and no detriment to the public to abandon said Easement. NOW, THEREFORE, for and in consideration of the forgoing recitals and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the CITY OF THE COLONY, TEXAS, does hereby RELEASE and DISCHARGE any and all right, title and interest the CITY OF THE COLONY, TEXAS, possesses in the Easement Property and the Easement described in that certain document dated the 27th day of January, 1966, and recorded in Volume 537, Page 389 of the deed records of Denton County, Texas. 4 EXECUTED to be effective as of the4i-Frv° day of , 2014. CITY OF THE COLONY, TEXAS A Texas home-rule municipality oe Mc urry, Mayo ATTEST: ft 1 (Ait/L44. .aD C istie Wilson, City Secretary APPROVED AS T i - M: foll‘ta,,k. • Jeff Moor- City Attorney STATE OF TEXAS § COUNTY OF DENTON § 04-1.4 This instrument was acknowledged before me on the day of , 2014, by Joe McCourry, Mayor of the City of The Colony, T as, a Texas home-rule municipality, on behalf of said municipality. / r Notary Public, State of Texas °j1 =o 4c, CHRISTIE NEU WILSON ';c, My Commission Expires O ; November 22,2017 5 VOL 537 389 1791 • THE STATE OF TEXAS 4t'r` C CO;IN;Y OF Denton 'NOW ALL bIFN BY THESE PRESENTS: cf?k That wee John G>ij.fi roan_,:.. et ux, DorothL.Griffin. of the County of... State of Texas,hereinafter called"Grolier",for a good and valuable consideration, the receipt and sufaency of which is hereby ack:wwiedgcd,does hereby grant tu--.10ba110 _ Water Supply Corporuren,hereinafter called-Association",a perremal easement and rigiu-oFway for the purpose of constructing,opetao- ing and maintaining a water pipe line over and across Grantor's land in .13_4_.�r.RE_Co_._—____ Survey, Abstract Nu 17'1 Dent 0.D_Counry,Texas,more particularly described in deed hom Griffin,.. ._.to John A. Griffin dated. 19—,and teem ted in Volume—____..Sage ,of the Deed Records of said County and con:aining. . _... 4; 2 i_8rrots _ Doing a strip Cl land octets the erect referred to above ten(10)fed.in width,with rite Gnn:ce haemo being hereby authorized to designate the caatse of the earemeer herein conveyed,except Char when the pipe line is installed,the easement herein granted s1x,1!be limited toa strip of Lund moo I lQy her to width,with the ante:line thereof being rite pipe line es installed. Together with the right of i::grs:anti egr sr over Grenrors adjacent/ands so or from said right-of-way Sc,she purpose of rnto: ater,improving,rccunstr"cring.repairing,inspecting,maintaining end removing said watot line and nppaatcttaxcs::he eh',to reioeere said Let it,the some rob:rive Cosi:ion to any adjacent road,if same is widened in the future;rhe rigor.to prevent pos- rible interference aid,the olicatioa of said line and to remove possiole hazard thereto;the righ:to prevent the cotatruetion.for a titrant of nne•lslf the width of the auszn:one or each side of the acme:center of where said watt ime is laid,of soy building, sire:mires or edict obstructions witici,they endanger or interfere with the efficiency-,slimy or Convenient operatien of said nate: line and irs appurtenances.If such be:brings,sitm.tiara or ether obinnetiors arc constructed by Grnror,os above mentioned,with. oar written consent of the Asssciarium then the Asiociatitm sh:11 have rho right to remove same iron:ruck space,and this agree. meat,rage:her with other provisions of chis grant shall constitute a covenant running with the:and for the benefx of the Aesatiic- tieo,its rtCCoSera Lid assigns. The right is reserved to Grantor to ore the hand over which r.righeof-way Cr easement is he:cin granted for;begenerat agri- cultural and grazing purposes,provided s.tch use sham:not include the growing of trees cr any other ere whisk might interfere wirit the ranch:by the Avtuciarioa of the rights hereby granted Tire consideration recited haemo shad;constintre payment in full for all damages sustained by Grantor by reason of rhe installation of the scram acs referred to herein rod tke Grantee will maintain such easement in a stare of good repair anrPnhhlciency so that no unreasonable damages will result from its or:to Grantes premises TO HAVE AND TO HOLD rhe above described eim:lent and rights onto the mid...LED4RDN ___._ __Water Supply Corporation,its successors and nrsigus,(money. And Gramm does Thereby bind h:msel(,iris heirs end ingot:epsesentatives,to Woman:and Forever Defend all cit.'.singular the above described comment and rights ante the said Association,its rwee:ssers end assigns,against every person wle,ntccver lawfully damming or to claim the sure or wry parr thereof. EXECUTED This 27 day of January :19 66 oh'r GriiTin, Jr. th orothy Crif in (JOINT ACKNOWLEDGMENT) COUNTY OF Collin THE STATE OF TEXAS lhht before me,the undersigned authority,on this ray personally appeared John Grif fin, Jr. and Dorothy Griffin, his wife,both known tome to be the persons whose names ere subscribed to the foregoing insrvmen:,and acknowledged to me that they each executed rho same for the purposes and consideration therein expressed.And rhe said Dorothy Griffin, having been examined by me privily ani apart front her husband,and hiving the same by me fully explained to her,she,the said Dorothy Griff in, . scabtela instrument ro be her ace and deed,and she declared the:she lead willingly signed the mine for the purposes and \syr.'ii+dcniibraj ieiein expressed,and that she did nor wish to""Jrretract it. GrverT uhd'r`mp hand ani Ira of office on this the /.a.Z cry of old--, ,A.D.19 66 Notary Public in and for Collin County,texas. Filed for Record:a_'__day of - - __A.D. 1966 at •u d Recorded: __ddoy of 4//We♦ _ __ A,D.'1966 at—J:5—S—o'clock_`ti tM Deputy 1 THETA PARKER,Clerk County Court L - — Denton County,Texas .aeries,aver tan.. rewrite esti:estexh>ss vs, rushy: save awn rags:c c.