HomeMy WebLinkAboutResolution No. 90-04 CITY OF THE COLONY. TEXAS
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
5.224-acre tract along the S.H. 121 controlled access freeway (to
be subsequently constructed), in the vicinity of old F.M. 423 is
surplus and 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 did pass
Resolution No. 89-12 on the 6th day of July, 1989, agreeing to
assume full responsibility for assuring that drainage maintenance
is accomplished at the aforementioned location;
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 5.224 acre tract
along the S.H. 121 controlled access freeway (to be subsequently
constructed) in the vicinity of old F.M. 423.
Section 2. That the City of The Colony hereby requests that
the State of Texas quitclaim the land to Centex Development
Company, L.P., a Delaware limited partnership.
Sect ion 3 . That a field note description of the
aforementioned tract is attached hereto and made a part of this
Resolution as Exhibit "A".
Section 4. That this Resolution shall become effective from
and after its passage. /~
PASSED AND APPROVED this the -- day o ~. , 1990.
Don A~ck, Mayor
ATTEST:
Patti A. Hicks, City Secretary
APPROVED AS TO FORM:
John Boyle, City Attorney
SURPLUS PROPERTY EXI~IBIT A Tract 1
Denton County
Control 1567-2 Page 1 of 1
F. M. 423 Rev. April 19, 1989
BEING 5.2224 acres (227,487 square feet) of land of which 2.7165 acres are
situated in the H.O. Hedgecox Survey, Abstract No. 533 and 2.5059 of an acre
is in the Thomas Wilson Survey, Abstract No. 1352, Denton County, Texas, and
being a part of Old F.M. 423 (100 foot R.O.W.), and being a part of Tract No.
10 conveyed to the State of Texas from the United States Government as
Recorded in Volume 647, Page 323, Deed Records of said county; said 5.2224
acres being all the right of way for exisiting F.M. 423 from the new north
freeway right of way line of S.H. 121 to the new west right of way line of
F.M. 423; said 5.2224 acres being more particularly described by metes and
bounds as follows:
BEGINNING at the intersection of the eastern right of way line of old F.M.
423 and the western right of way line of new F.M. 423;
(1) THENCE South 18 deg. 54 min. O0 sec. West for a distance of 109.35 feet
to a point for a corner in the easte.rn right of way line of old F.M. 423;
(2) THENCE South O0 deg. 19min. 37 sec. East along said eastern right' of
way line for a distance of 1,992.98 feet to a point for corner;
(3) THENCE South 57 deg. 49 min. 03 sec. West for a distance of 117.73 feet
to a point for a corner in the western right of way line of old F.M. 423;
(4) THENCE North O0 deg. 19 min. 37 sec. West along said western right of
way line for a distance of 2,450.35 feet to a point in the western right
of way line of new F.M. 423, bei'ng the beginning of a curve to the left
with a radius of 2,974.79 feet ~hich bears North 77 deg. 35 min. 43 sec.
East and a central angle of 04 deg. 15 min. 49 sec.;
(5) THENCE along the arc of said curve and said western right of way line
for a distance of 221.37 feet to a point for a corner;
(6) THENCE South 46 deg. 51 min. 15 sec. East continuing along said western
right of way line for a di'stance of 112.56 feet to the POINT OF
BEGINNING, and containing an area of 5.2224 acres (227,487 square feet)
of land, more or less.