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HomeMy WebLinkAboutResolution No. 90-07 CITY OF THE COLONY, TEXAS RESOLUTION NO. ~:~Z~P7 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AUTHORIZING A CONTRACT BETWEEN THE CITY AND STATE OF TEXAS RELATIVE TO THE CITY'S ASSUMPTION OF DRAINAGE RESPONSIBILITIES FOR AN AREA TO BE ABANDONED AND QUIT CLAIMED BY THE STATE; AUTHORIZING THE CITY MANAGER TO EXECUTE SUCH AN AGREEMENT; AND DECLARING AN EFFECTIVE DATE WHEREAS, an independent determination has been made that a 18.0719-acre tract more particularly described in Exhibits "D" through "F" along the S.H. 121 controlled access freeway (to be subsequently constructed), is no longer needed for use by citizens as a road or for other public purpose including, but not limited to, public transportation; and WHEREAS, the City Council of the City of The Colony agrees to replace and reconstruct the fence north of Texas State Highway 121 located along those certain two (2) tracts of real property more particularly described in Exhibits "A" and "B" attached hereto (the "IBM" Proberty) and that certain temporary easement consisting of that certain 1.3774 acre tract of real property more particularly described in Exhibit "C" attached hereto (the "Temporary Easement") in accordance with the specificatins and requirements of IBM along the perimeter of IBM's remaining property. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City of The Colony hereby authorizes the City Manager to execute a contract with the State of Texas for maintenance and drainage liabilities on a 18.0719 acre tract, more particularly described in Exhibits "D" through "F" along the S.H. 121 controlled access freeway (to be subsequently constructed) Section 2. That the City of The Colony hereby requests that the State of Texas quitclaim the land to International Business Machines Corporation, as full consideration , for their conveyance of right of way for S.H. 121. Section 3. That the City of The Colony hereby agrees to replace and reconstruct the fence north of Texas State Highway 121 located along those certain two (2) tracts of real property more particularly described in Exhibits "A" and "B" attached hereto (the "IBM" Proberty) and that certain temporary easement consisting of that certain 1.3774 acre tract of real property more particularly described in Exhibit "C" attached hereto (the "Temporary Easement") in accordance with the specificatins and requirements of IBM along the perimeter of IBM's remaining property. Sect ion 4. That a field note description of the aforementioned tract is attached hereto and made a part of this Resolution as Exhibit "D". Section 5. That this Resolution shall become effective from and after its passage. ..~ ~~. PASSED AND APPROVED this the -- day of , 1990. APPROVED: Don A~'~ck, .'ay~'~~ ...... ATTEST: P~/tti A. Hicks, City Secretary APPROVED AS TO FORM: John Boyle, City Attorney EXHIBIT "A" BEING 15.4384 acres ($72,497 square feet) of land, more or less, of ~htch 0.1506 of an acre (6,$62 square feet) more or ]ess, ts tn an exlsttng rtght of w~y easement, gtvtng a net area of 15.2878 acres (665,936 square feet) more or less, sttuated tn B.B.B. & C.R.R. Co. Surveys, Abstract #o's. 173 and 174, Denton County, Texas, and betng out of and a part of a tract of land conveyed to Intemattonal Bustness Hachtnes Corporetton, of Ar~onk, #ew York, by deeds recorded tn Volume 979, Pages 458, 463, and 474, Deed Records of satd county; satd 15.4384 acres (672,497 square feet) of land, more or less, betng more particularly described, tn t~o parts, by ~etes and bounds as follows: PART ! BEING 3.0878 acres (134,$05 square feet) of land, more or less, of ~htch 0.1506 of an acre (6,562 square feet) ts tn ~n extsttng rtght of w~y easement, sttuated tn Abstract 173; CO~ENCIH; at a nat1 set tn the Intersection of the center 11ne of Colony Blvd. and the eastern rtght of w~y ltne of Patge Road (100 foot.R.O.H.); satd potnt batng the northwest comer of satd tract; THENCE along the eastern rtght of ~&y 11ne of Patge Road as follows: South 00 deg. 16 mln. 25 sec. East, for a dtstance of 2,757.74 feet to the beginning of a curve to the left wtth a radtus of 770.00 feet and a central angle of 18 deg. 54 mtn. 33 sec.; -Along the arc of satd curve to the left for a dtstance of 254.12 feet to the beginning of a curve to the rtght ~lth a radtus of 870.00 feet end a central ~ngle of 19 deg. Og min. 40 sec.; Along the arc of said curve to the rtght for a distance of 290.95 feet to the end of said curve; South O0 deg. O1 mtn. 18 sec. East, for a dtstance of 861.55 feet to the beginning of a curve to the left with a radtus of 666.20 feet and a central angle of 15 deg, 58 mtn,.52 sec; Along the arc of satd curve to the left for a dtstanca of 185,82 feet to a potnt In the new rlght of way 11ne of $.H. 121 and the POINT OF BEGZNNZNG; THENCE along the new right of way line of $.H. 121 as follows: 1. South 64 deg. 39 min. 37 sec. East for a distance of 72.36 feet; 2. North 61 deg. 20 min. 23 sec. East for a distance of 1,605.00 feet to a point for a corner in the existing northern right of way line of $.H. 121; THENCE along the existing northern right of way line of S.H. 121 as follows: 3. South 38 deg. 26 min. 18 sec. West for m distance of 83,22 feet; 4. South 61 deg. 20 min. 23 sec. West for a distance of 287.50 feet; 5. South 48 deg. 12 min. 25 sec. West for m distance of 308.05 feet; $. South 61 deg. 20 min. 23 sec. West for a distance of 999.55 feet to a point for a corner in the eastern right of way line of Paige Road; THENCE along the eastern right, of way line of Patge Road as Follows: 7. North 28 deg. 42 mtn, 43 sec, West for a distance of 14.34 feet to the beginning of a curve to the right with a.radius of 666.20 feet and a central angle of 12 deg~ 42 min. 32 sec., 8. Along the arc of said curve to the right for a distance of 147.77 feet to a point in the new right of way line of $.H. 121 and the POXNT OF BEGINNING, and containing 3.0878 acres (134o$05 square feet) of l~nd more or less, of which the following lmnd is subject to an easement for ri ht of way purposes: g BEGINNING at I point in the existing northwestern right of way line of $. H. 121, being a southeastern corner of said easement, also being South 48 deg. 12 min. 25 sec, West for a distance of 148.19 feet fro~ the end of the fourth call of the above described Part ]; THENCE South 48 deg. 12 min. 25 sec. West continuing along said existing right of way line for .a distance of 41.10 feet to the southernmost corner of said easement; THENCE along the perimeter of said easement as follows: North 28 deg. 39 min. 40 sec. West for a distance of 54.27 feet; A-2 LOO'- dtlH- South O0 deg. 06 ,in. 40 sec. East for a dlstance of 40.70 feet; South 89 deg. 53 =tn. 20 sec. West for a dlstance of 119.00 feet to potnt tn satd new rtght of way 11ne of S. H. lZl; THENCE North 61 deg. 20 ~tn. 23 sec. East along satd new right of way 11ne for adtstance of 164.01 feet to 1ts intersection wtth an eastern boundary line of satd easement; THENCE South 28 deg. 39 ~ln. 40 sec. East a]ong satd boundary 11ne for dtstance of 66.05 feet to the POINT OF B£GINNING and containing an area of 0o1506 of an acre (6,$62 square feet) of land, more or less. PART II BEING 12.3506 acres (537,g92 square feet) of land, more or less ln Abstract 174; COH~tENCING at a natl set tn the most eastern boundary 1the of the satd International Bustness Hachtnes Corporation tract and betng the co,l,on boundary ltne tn the western rtght of way ltne of the St. Louts and San Francisco Railroad; satd potnt betng the most easterly corner of satd tract; THENCE South 05 deg. 27 bin. 15 sec, East along the c~n boundary line of said tract and said Railroad right of way lt~ for a distance of 42,37 feet to a point in the new right of way line S.H. of 121 and the POINT OF BEGINNING; 1. THEHC£ South 05 deg. 27 ~tn. 13 sec, East contusing along said comon boundary line for a distance of 1~5.g4 feet to the existing northern right of way lt~ of S,H. I21; THENCE along the exlsttng rtght of way line of S.H. 121 as follows: 2. South 61 deg. 20 mtn. 23 sec. West for adtstance of 735.65 feet; 3. South 58 deg.*28 mtn. 39 sec. West for adtstance of 400.50 feet; 4. South 61 deg. 20 min. 23 sec. kYst for · dtst~nce of 3600.99 feet; 5. ~outh 63 deg. 44 mtno 35 sec. West for · dtst·nce of 495.11 feet; 6. North 59 deg. 21 mtno 47 sec° West for ·dtstance of g$.08 feet to ·potnt for · corner In the new rtght of w~y 11ne of $.H. 121; THENCE along the new right of way 11ne of S.H. 121 as 7. North 51 degJ 20 mtn. 23 sec. East for · distance of 4,441.24 feet; 8. North 57 deg. 20 ,in. 08 sec. East for ~ dtstance of 501.22 feet; g. North 51 deg. 20 ,tn. 23 sec. East for a distance of 387.60 feet to point in the western rtght of way line of St. Louis and San Francisco Railroad and the POINT OF BEGINNING, ~nd containing 12.3505 acres (537,992 square feet) of land, more or ]ess. EXHIBIT "B' BEING 1.2561 acres (54,716 square feet) of land, more or less, of whtch 0.1203 of an acre (5,240 square feet) more or ]ess, Is tn an extsttng right of way easement, gtvtng a net area of 1.1358 acres (49,475 square feet) more or ]ess, sttuated tn B.B.B. & C.R.R. Co. Surveys, Abstract #o. 173, Denton County, Texas~ and being out of and a part of a tract of ]and conveyed to International Business Hachtnes Corporation, of Armonk, New York, by deeds recorded tn Volume 979, Pages 463, Deed Records of said county; said 1.2561 acres (54,7[6 square feet) of land, more or less~ being more described by metes and bounds as COHHENC[NG at a hal] set in the intersection of the center line of Colony Blvd. and the eastern right of way line of Patge Road (100 foot R.O.W.); said point being the northwest corner of said tract; THENCE along the eastern right of way line of Patge Road as South O0 deg. 16 min. 25 sec. East, for a distance of 2.757,74 feet to the beginning of a curve to the left with a radius of 770.00 feet and a central angle of 18 deg. 54 min. 33 sec.$ Along the arc of said curve to the left for a distance of 254.12 feet to the beginning of a curve to the right with a radius of 870.00 feet and a central angle of 19 deg. Og min. 40 sec.s Along the arc of said curve to the right for a distance of 290.95 feet to the end of said curve; South O0 deg. 01 min. 18 sec. East, for a distance of 861.55 feet to the beginning of a curve to the left with a radius of 666.20 feet and a central angle of 10 deg. 29 min. 51 sect Along the arc of said curve to the left for a distance of 122.06 feet to a point in the new northern right of way line for freeway improvements of S.H. 121 and the POINT OF BEGINNING; THENCE along said new northern right of way line of S.H. 121 as follows: 1. South 64 deg. 39 min. 37 sec. East for a distance of 77.86 feet; 2. North 61 deg. 20 min. 23 sec. East for a distance of 198.08 feet; 3. North 65 deg. 11 min. 42 sec. East for a distance of 178.47 feet; 4. North 61 deg. 20 min. 23 sec. East for a distance of 329.71 feet; 5. North 65 deg. Og min. 40 sec. East for a distance of 675.2I feet to a point for a corner in the new northern right of way line for capacity improvements of $.H. 121; THENCE along said new capacity improvements right of way line as follows: 6. South 61 deg. 20 mtn. 23 sec. West for a distance of 1,399.73 feet to a point for a corner in the eastern right of w~y line of Paige Road; 7. North 64 deg. 39 min. 37 sec. West for a distance of 72.35 feet to a poi'nt in the eastern right of w~y line of Paige Road being a curve to the right with a radius of 666,20 feet which bears. North 73 deg. 59 mtn. 51 sec East; 8. THENCE along said Paige Road right of way line and the arc of said curve to the right for a distance of 63.75 feet to a point in said new northern freeway improvements right of way line and the POINT OF BEGINNING, and containing 1~2561 acres (54,716 square feet) of land, more or less, of which the following land is subject to an easement for right of way purposes: LDO ' BEGINNING at a point in the new northern right of way line for freeway improvements of S. H. 121, being a southwestern corner of said easement, also being North 65 deg. Og min. 40 sec. East for a distance of 141.43 feet from the end of the fourth call of .the above described Parcel 13F; THENCE North 65 deg. Og min. 40 sec. East along said new freeway improvements right of way 1the for a distance of 229.91 feet; THENCE South 28 deg. 3g min. 40 sec. East along the perimeter of said easement for a distance of 20.25 feet to a point in the new northern right of way ltne for capacity improvements of S.H. 121; THENCE South 61 deg. 20 min. 23 sec. West along said new capacity improvements right of way 1the for a distance of 164.01 feet; THENCE South 89 deg. 53 min. 20 sec. West along the perimeter of said easement for a distance of 74.44 feet to a point in the new northern right of way ltne for freeway improvements of S.H. 121 and the POINT OF BEGINNING and containing an area of 0.1203 acres (5,240 square feet) of land, more or less. EXHIBIT "C" BEING 1.3774 acres (60,000 square feet) of land, more or tess, situated tn B.B.B. & C.R.R. Co. Survey, Abstract No. 174, Denton County, Texas, and being out of ~ a part of a tract of land conveyed to ]ntarnattonal Business #achtnes Corporation, of Armonk, Na~v York, by deed recorded in Volume 97g, Pages 458, 463, 473. Deed Records of satd county; satd 1.3774 acres (60,000 square feet) of land, more or less, belng more particularly described by metes and bounds as follows: COMMENCING at a nail set in the mst eastern boundary line of said tract which is the conm~3n boundary tine with the western right of way line of St. Louis and San Francisco Railroad, said point being the northeast corner of said tract; THENCE South 06 deg. 27 min. I) sec. East along the said con,non boundary line for a distance of 42.$7 feet to a point for a corner in the new right of way tine of $.H. THENCE along the new right of way tine of S.H. 121 as follows: South 61 deg. 20 min. 23 sec. West, for a distance of 387.60 feet; South 57 deg. 20 min. 08 sec. West, for a distance of 501.22 feet; South'61 deg. 20 min. 23 sec. West, for a distance of 3,250.00 feet to the POINT OF BEGINNING; 1. THENCE South 61 deg. 20 mtn. 23 sec. West continuing along the new right of way line of $.H. 12! for a distance of 400.00 feet to a point for a corner; THENCE North 28 deg. 3g mtn. 37 sec. West, for a distance of 200.00 feet to a point for a corner] 3. THENCE North 75 deg. 22 min. 34 sec. East, for a distance of 412.31 feet to a point for a corner; 4. THENCE South 28 deg. 3g min. 37 sec. East, for a distance of 100.00 feet to a point in the new right of way tine of $.H. 121 and the POINT OF BEGINNING, and containing 1.3774 acres {60,000 square feet) of land, more or less. EXHIBIT "D" BEING 0.7942 of an acre (34,594 square feet) of land, more or less, an extsttng rtght of way easement, sttuated In the B.B.B. & C.R.R. Co. Survey, Abstract No. 173, Denton Countx, Texas, end betng out of and a pert of the easement for rtght of w~y purposes conveyed to the State of Texas by deed recorded tn Volume 343, Page 5ZO, Deed Records of satd county; satd 0.794Z of an acre of land, more or less, betng more particularly described by metes end bounds as follows: COI~IENCING at a nat1 set tn the Intersection of the center 11ne of Colony Blvd. and the eastern rtght of w~y 11ne of Palge Road (100 foot R.O.W.); said potnt betng the northwest corner of satd tract; THENCE along the eastern rtght of w~y 11ne of Patge Road es follows: South O0 deg. 16 mtn. 25 sec. East, for a dtstance of Z,757.74 feet to the begfnntng of a curve to the left wtth a radius of 770.00 feet end central angle of 18 deg. 54 mtn. 33 sec.; Along the arc of satd curve to the left for a dtstance of 254.12 feet to the beginning of a curve to the right wtth a radtus of 870.00 feet end a central angle of lg deg. og mtn. 40 sec.; Along the arc of satd curve to the rlght for a dtstance of ~o.g5 feet to the end of satd curve; South O0 deg. 01 mtn. 18 sec. East, for a dtstance of 861.$5 feet to the beginning of a curve to the left wtth a radtus of 666.20 feet and central angle of 10 deg. ~J mtn. $! sec; Along the arc of satd curve to the left for a dtstance of !ZZ.06 feet to a potnt In the new northern rtght of w~y 11ne for freeway Improvements of S.H. lZl; THENCE.along satd new northern rtght of w~y 11ne of S.H. lZl as foJJo~s: 1. South 64 deg. 3g mtn. 37 sec. East for a distance of 77.86 feet; Z. North 61 deg. ZO mtn. ~3 sec. East for a dtstance of Ig8.08 feet; 3. North 65 deg. 11 min. 4Z sec. East for a dtstance of 178.47 feet; 4. North 61 deg. ~ mtn. Z3 sec. East for a dtstance of 3~.7! feet; 5. North 65 deg. Og mtn. 40 sec. East for a dtstance of 141.43 feet to point tn the southern 11ne of said easement and the POZNT OF THENCE around the perimeter of satd easement es follows: 1. South 89 deg. 53 min. 20 sec. West for a dtstance of 66.56 feet; 2. North O0 deg. 06 min. 40 sec. West for a distance of 165.15 feet; 3. North 89 deg. 53 min. 20 sec. East for a dtstance of 260.00 feet; 4. South O0 deg. 06 min. 40 sec. East for a distance of 40.70 feet; 5. South 28 deg. 39 mtn. 40 sec. East for a distance of 32.19 feet to a point for a corner in the eastern boundary line of said right of way easement; 6. THENCE South 65 deg. 09 min. 40 sec. West for a distance of 229.91 feet to the POINT OF BEGINNING, and containing an area of 0.7942 of an acre (34,594 square feet) of land, more or less. D-2 LDO ' dUN EXHIBIT "E" BEING 0.3036 of an acre (13,224 square feet) of land, more or less, an exist- ing right of way easement, situated in the B.B.B. & C.R.R. Survey, Abstract No. 173, Denton County, Texas, and being out of and a part of the right of way easement conveyed to the State of Texas by deed recorded in Volume 338, Page 553, Deed Records of said county~ said 0.3036 of an acre of land, more or less, being more particularly described as follows: COMMENCING at a nail found in the eastern boundary line of a tract of land conveyed to International Business Machines Corporation, of Armonk, New York, by deeds recorded in Volume 979, Pages 458, 463, and 474, Deed Records of said county, and being the con~n boundary line in the western right of way of the St. Louis and San Francisco Railroad, said point being the most easterly corner of said tract; THENCE South 06 deg. 27 min. 13 sec. East along the common boundary line of said tract and said Railroad right of way line for a distance of 42.37 feet to a point in the new right of w~y line of S.H. 121; THENCE along the new right of way line of S.H. 121 as follows: South 61 deg. 20 min. 23 sec. West, for a distance of 387.60 feet; South 57 deg. 20 mtn. 08 sec. West, for a distance of 501.22 feet; South 61 deg. 20 mtn. 23 sec. West, for a distance of 4,441.24 feet to a point in new right of way line of S.H. 121, said point also being in the easternmost line of said easement and the POINT OF BEGINNING; 1) THENCE South 61 deg. 20 min. 23 sec. West along said new right of way line for a distance of 3.63 feet to a point in the existing right of way line of S.H. 121; 2) THENCE North 59 deg. 25 min. 32 sec. West, continuing along said existing right of way line for a distance of 7.92 feet; 3) I'HENCE South 89 deg. 49 min. ZO sec. West, continuing elong said existing right of way line for e distance of 10.00 feet to a point in the eastern most line of mn abandoned public road, and the westernmost boundary of said right of way easement) 4) THENCE North O0 deg. 10 min. 40 sec. West along said boundary line for a distance of 660.00 feet to a point for a corner; 5) THENCE North 89 deg. 49 min. 20 sec. East, for a distance of 20.00 feet to a point for a corner; 6) THENCE South O0 deg. 10 min. 40 sec. East along the easternmost boundary of said right of way easement for a distance of 662.32 feet to the POINT OF BEGINNING, and containing 0.3036 of an acre (13,224 square feet) of land, more or less. ~O · dUN' EXHIBIT · F" BEING 0.0269 of an acre (1,174 square feet) of land, .ore or less, of which 0.0148 of an acre is situated in the B.B.B. & C.R.Ro Survey, Abstract No. 173 and 0.0121 of an acre is in the B.B.B. & C.R.R. Survey, Abstract No~ 174, Denton County, Texas, and being out of and a part of the existing right of way of S.H. 121, as conveyed tO the State of Texas by deeds recorded in Volume 338, Page 563, and Volume 339, Page 360, Deed Records of said county; said 0.0269 of an acre (1,174 square feet)of land, more or less, being more particularly described by metes and bounds as follows: COMMENCING at a nail found in the eastern boundary line of a tract of land conveyed to International Business Machines Corporation, of Armonk, New - York, by deeds recorded in Volume 979, Pages 458, 463, and 474, Deed Records of said county, and being the con,non boundary line in the western right of way of the St. Louis and San Franstsco Railroad, said point being the most easterly corner of said tract; THENCE South 06 deg. 27 min. 13 sec. East along the coam~n boundary line of said tract and said Railroad right of waj, line for a distance of 42.37 feet to a point in the new right of way line of $.H. 121; THENCE along the new right of way line of $.H. 121 as follows: South 61 deg. 20 min. 23 sec. West, for a distance of 387.60 feet; South 57 deg. 20 min. 08 sec. West, for a distance of $01.22 feet; South 61 deg. 20 min. 23 sec. West, for a distance of 4,441.24 feet to a point in the existing right of wv line of S.H. 121 and the POINT OF BEGINNING; 1) THENCE South 61 deg. 20 min. 23 sec. West, for a distance of 94.32 feet to a point in the existing right of way line of S.H. 121; THENCE along the said existing right of way line as follows: 2) North 38 deg. 26 min. 18 sec. East, for a dtstance of 57.77 feet; 3) North 89 deg. 49 min. 20 sec. East, for a distance of 15.04 feet; 4) North O0 deg. 10 mtn. 40 sec. West, for a distance of 3.89 feet; 5) North 89 deg. 49 min. 20 sec. East, for a distance of 25.00 feet; 6) South 59 deg. 25 min. 32 sec. East, for a distance of 7.92 feet, to the POINT OF BEGINNING, and containing 0.0269 of an acre (1,174 square feet) of land, more or less.