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HomeMy WebLinkAboutResolution No. 94-33. - ORIGII, IAL CITY OF THE COLONY, TEXAS RESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS, ABANDONING A RIGHT-OF- WAY EASEMENT GENERALLY LOCATED ON A TRACT OF LAND DESCRIBED IN EXHIBIT "A"; AUTHORIZING THE MAYOR TO ISSUE A QUITCLAIM DEED TO THE ABU'Iq"ING LANDOWNER; PROVIDING AN EFFECTIVE DATE. WHEREAS, Section 272.001 of the Texas Local Government Code provides for the release and abandonment of a right-of-way easement to the abutting owner; and WHEREAS, the City Council of the City of The Colony has been requested to abandon a right-of-way easement situated on a tract of land in the B.B.B. and C.R.R. Survey, Abstract No. 181 and the S.E. Hayes Survey, Abstract No. 648, more specifically described in Exhibit "A", attached hereto and made a part hereof for all purposes; and WHEREAS, this right-of-way easement is being abandoned in exchange for a right- of-way easement located elsewhere on the property: NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That the City Council does hereby authorize the abandonment to the adjacent landowner of a right-of-way easement located generally of the south side of a tract of land designed to serve the City's lift station and more specifically described in Exhibit "A" attached hereto and made a part hereof for all purposes; provided that the City shall be allowed to use the easement for access until access can be obtained from the right- of-way easement at the north end of the property. Section 2. That the Mayor is hereby authorized to issue and sign a quitclaim deed to the abutting owner who last appears on the current tax rolls of the City. Section 3. That this resolution shall take effect immediately upon passage and it is so resolved. PASSF_~ ,AND APPROVED by the City Council of the City of The Colony, Texas, this ~7'e~ day of ~ .J ~ ,1994. William W. Manning, Mayor ~x Patti A. Hicks, TRMC, City Secretary APPROVED AS TO FORM: City Attorfiey //. ;L STATE OF TEXAS COUNTY OF DENTON }. CITY OF THE COLONY DEVELOPER'S AOREEMENT This Agreement is made and entered into on the 7th day of November, 1994, by and between the City of The Colony, Texas hereinafter referred to as the "City", a municipal corporation, and North Street Development, Inc., hereinafter referred to as "Developer", for development of certain lots, tracts or parcels of land described by the hereto attached Exhibit "A" - Fifty (50) Foot Right-of-Way Easement; Exhibit "B" - Access Easement; Exhibit "C" - 18 acre Tract, and Exhibit "D" - Westport Center Tract.. WHEREAS, various issues have arisen with respect to the subject property and the development of same; and WHEREAS, in order to clarify those issues both the Developer and the City deem the public interest to be best served by agreement as to the rights,duties and responsibilities of both parties that will facilitate the immediate development of the subject tracts of land. NOW, THEREFORE, THE PARTIES HERETO HEREBY AGREE AS FOLLOWS: 1. With regard to a permanent access solution, Developer agrees to dedicate right-of-way of approximately fifty (50) feet in width along the north side of Developer's property next to the drainage ditch, as shown by the Attached Exhibit "A"; or at another site on said property and agreed to by both parties; for access to the City's lift station for Club Fore Driving Range and its patrons. 2. By proper resolution submitted to the City Council of the City of The Colony, the City agrees to abandon any interest it may have in an easement located generally on the south side of the subject property which is designed to serve the City's lift station; such easement being shown by the hereto attached Exhibit "B". By such abandonment the public would no longer have any right to use the easement for access, but the City by this Agreement, shall be entitled to use easement herein abandoned temporarily until permanent access can be established elsewhere. The parties hereto recognize that Club Fore Driving Range also utilizes the easement to be abandoned herein as a means of access to their business, and that Club Fore Driving Range and its patrons, as well, would be allowed temporary use of the abandoned easement until a permanent access can be established. 3. The right-of-way so dedicated on that tract of land more specifically described in Exhibit "A" which is attached hereto and made a part hereof for all purposes, will be developed and maintained at the expense of the City, and it is agreed that the Developer and its successors and assigns shall be entitled to continued use of such right- of-way. 4. It is agreed that the Developer may, from time to time, select various sites for median cuts of FM 423 which will allow immediate access to the 18 acre tract of land described in Exhibit "C" subject to the approval of the City, and the City agrees to make a good faith effort to assist in working with the Texas Department of Highways and Transportation for approval of such cut. Provided, however, that the parties hereto understand that the ultimate approval or disapproval of such cut lies solely with the Texas Department of Highways and Transportation, and once such decision is made, and the parties so notified, the City will have no further obligation with respect to such issue. Additionally, in the event that the site selected by Developer necessitates the relocation of the current median cut immediately east of the 18 acre tract and the easement to be abandoned, Developer shall hold the City harmless from the cost of relocating the existing median cut. 5. With respect to Developer's South Colony Retail Lots 7 and 8 located on the east side of FM 423, the City agrees to either of the following: (a) allow a curb cut to Developer's property at the same time the curb cut is provided to the Bank's property; or (b) work with Bank to provide internal access from the Bank's property to Developer's property which is adjacent thereto. In this regard, the parties understand that the decision as to whether to provide access or not would be in the Bank's sole discretion, as the requisite site plan for the Bank's property has heretofore been approved. 6. The City Staff will cooperate with the processing any zoning change application necessary to promptly develop the tract of land described in Exhibit "A". 7. The City Staff will cooperate with the processing of any site plan proposed by Braums on an approximate 3 acre tract of land known as the Westport Center site more particularly described in Exhibit "D". The parties hereto agree that this Agreement constitutes a covenant running with the land shall be binding upon Developer's heirs, successors or assigns, and shall be recorded in the Plat Records of the County Clerk's office, Denton County, Texas. This Agreement and the Developer's Agreement concurrently executed by and between the City of The Colony and Dwight C. Gilford and Janle Duke Gifford, husband and wife, contain the entire understanding of the parties hereto and any change, modification, or alteration of this Agreement shall be effective only if approved in writing by both parties. EXECUTED ON THE DATE FIRST ABOVE WRI'ITEN. CITY OF THE COLONY William W. Manning, Mayor ATTEST: NORTH STRE~'YF DEVEI OPMENT, INC. A~o, ~ed ~epre~fi~/ 50' FOOT ROAD DEDICATION BEING A PART OF A 18.721 ACRE TRACT OF LAND SITUATED IN THE SAMUEL HAYES SURVEY, ABSTRACT NO. 648, DENTON COUNTY, TEXAS, AS RECORDED IN VOLUME 2274, PAGE 103, OF THE DEED OF RECORDS OF DENTON COUNTY, TEXAS, SAID PARCEL BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING at a 5/8 inch iron rod with cap stamped Carter and Burgess, said point being the northeast corner of said 18.721 acre tract and also being in the west right-of-way line of Farm-to-Market Highway 423, (variable width ROW); THENCE along and with the west right-of-way line of said FM423, south 05 31'00" west, 18.60 feet to a 3/4 inch iron rod found for an angle point; THENCE continuing along the west right-of-way line of said FM423, south 00 34'08" west 31.40 feet to a point for corner; THENCE north 86 36'05" west, 571.95 feet to a point for corner; THENCE north 01 33'05" west, 50.0 feet to a 5/8 inch iron rod with cap stamped Carter and Burgess, said point also being the northwest corner of said 18.721 acre tract of land; THENCE south 86 36'05" east to the Point of Beginning and containing 28,597.5 sf or 0.6565 acres of land, more or less. ~0~-03-1994 17:01 COWLES & THOMPSON 214 G?O 1100 P.10×20 Being a strip of land 15.00 feet in width situated tn the B.B.B. and C.R.R. Survey, Abstract No. 181 and the $.F_.. Hayes Survey, Abstract No. 648, Denton Courity, Texas, and being a parc of a 220.02 acre tract of land de.sen'bcd as First Trac~ in Deed to Five Fifty Land Company, Robert $. Folsom and Henry H. Dickerson, Jr. and part of a 50.17 acre tract of land conveyed by Warranty Deed Suly 17, 1958, from II. C. Calcote and Wife to D. E. Mangrum and Kermit C. Mangrum, Deed recorded in Volume 438, Page 601 of the Deed Records of Denton County, Texas, and being more particularly described as follows: COMMI~NCING at the northwest comer of said 50.17 acre tract of land in the west line of said S. E. Hayes Survey; Thence South 01° 3S' 21" East, along said west line, 140.05 feet to the Place of Beginning; TI4~N~ FROM THE PLACI! OF BEGINNING North 89° 54' 03" East, 609.89 feet to the west line of Farm Road No. 42:3; ~CE South 00~ 2V' 10" West, along said west line, 15.00 feet; TI-I~N~ South 89~ 54" 03" West~ 609.34 feet to the west line of said 50.17 acre tra~; TH~NCl/North 01° 36' 21" West, along the west line of said 50.17 acre tract, 15.00 feet to the Place of Begim~g and containing 0.:110 acre of land. DOC: ~. 210183 \~, ~ I[ 19:02 COWLES & THOMPSON 214 6?0 1:0© F. 1! ZO q i ~' ' ' ~ ' ~ '7TM ~,~t ~" ' ~ ;.~ · ' ' * ~ ' "~ ' ". , ' .'fv,'.,~'~..-~-~, · '.~ ',*; ........ ; · ' · ~ :.~ . ~;.o~';'~ '~ '* ~ ' ' ' '~"~ '"=" . ,- , . ,*~ ,', . . ',,~. ,',~ ' · ~ ,. ,' .., ../ · .. -~'. . ... J ' ' ~ '~"" ' "'~" ' ' .... "' ...... ' d~, ~ ~ ~,m~O the.~d.e~Fi~t~.L~ ~eeesio~g, . ... ~ , %~ '*.~-. ' ',' ~' 1,~.- " ' ' ," ' '~ ~' ~ ' · ,, &:'lq;.;: -% , . . he.f* ' ' ," , ' ...... . ~,~.%~ ,q ... "' '" ' ~ '"" '' '" ~ < ::,.,,-...., :-- ~ , j,:, . . ,L~ ' '; ~ : ' ' ~, .,. '. :[:.. : / . . 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