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HomeMy WebLinkAboutResolution No. 96-09 ORIGINAL CITY OF THE COLONY, TEXAS mo. g A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS AUTHORIZING THE MAYOR TO EXECUTE AN AGREEMENT BETWEEN THE STATE OF TEXAS AND THE CITY OF THE COLONY, TEXAS WHEREBY THE CITY ASSUMES MAINTENANCE RESPONSIBILITIES FOR THE DRAINAGE EASEMENT AT THE INTERSECTION OF F.M. 423 AND COUGAR ALLEY WHEREAS, the City Council of the City of The Colony has determined that it is in the best interests of the city to assume maintenance on the above named drainage easement; and WHEREAS, an independent determination has been made that the subject tract is no longer needed for use by citizens as a road or for other public purposes including, but not limited to, public transportation; and WHEREAS, the City of The Colony approves the State's proposal to sell the subject tract to the owners of the fee; and NOW THEREFORE, BE IT RESOLVED, that the City Council of the City of The Colony, Texas: SECTION 1. That the Mayor is hereby authorized to execute an agreement between the State of Texas and the City of The Colony whereby the City assumes maintenance responsibilities for the drainage easement at the intersection of F.M. 423 and Cougar Alley in the City of The Colony, Texas. SECTION 2. That an independent determination has been made that the subject tract is no longer needed for use by citizens as a road or for other public purpose including, but not limited to, public transportation. SECTION 3. That the City of the Colony approves the State's proposal to sell the subject tract to the owners of the fee. Maintenance Agreement TxDot & City Drainage Easement 423 @ Cougar SECTION 4. That this resolution s~ml! take effect from and after its passage. PASSED AND APPROVED this/_~~'day of //~,%~/~, 1996. William W. Manning, Mayor A'ITEST: Patti ~ Hicks, TRMC City Secretary APPROVED AS TO FORM: Pete Eekert, City Attorney Maintenance Agreement TxDot & City Drainage Easement 423 @ Cougar EXHIBIT "A" SURPLUS PROPERTY 0.354 ACRE (15,439 SQ. FT.) TRACT THOMAS C. WILSON SURVEY ABSTRACT NO. 1362 BEING A 50' WIDE DRAINAGE DITCH EASEMENT SITUATED IN THE THOMAS C. WILSON SURVEY, ABSTRACT NO. 1362, DENTON COUNTY, TEXAS AND BEING A PORTION OF THAT CERTAIN 19.708 ACRE TRACT OF LAND DESCRIBED IN DEED AS RECORDED IN VOLUME 2418, PAGE 201 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID EASEMENT BEING A PORTION OF THAT CERTAIN EASEMENT AS CONVEYED TO THE STATE OF TEXAS AS DESCRIBED IN VOLUME 647, PAGE 323 OF THE DEED RECORDS OF DENTON COUNTY, TEXAS, SAID DRAINAGE DITCH EASEMENT BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A POINT IN THE CURRENT EAST RIGHT-OF-WAY LINE OF FARM-TO-MARKET HIGHWAY NO. 423 (VARIABLE WIDTH R.O.W.), SAID POINT BEING N 06°40'00" W, 16.30 FEET FROM A 5/8" IRON ROD FOUND FOR THE INTERSECTION OF SAID EAST RIGHT-OF-WAY AND THE NORTH RIGHT-OF-WAY LINE OF COUGAR ALLEY (60' R.O.W.), SAID POINT ALSO BEING THE SOUTHWEST CORNER OF SAID 19.708 ACRE TRACT; THENCE N 06°40'00" W, ALONG SAID EAST RIGHT-OF-WAY LINE AND THE WEST LINE OF SAID 19.708 ACRE TRACT, A DISTANCE OF 70.71 FEET TO A POINT FOR CORNER; THENCE N 38°20'00" E, A DISTANCE OF 283.79 FEET TO A POINT FOR CORNER; THENCE S 51 °40'00" E, A DISTANCE OF 50.00 FEET TO A POINT FOR CORNER; THENCE S 38°20'00" W, A DISTANCE OF 333.79 FEET TO THE POINT OF BEGINNING, AND CONTAINING 0.354 ACRES (15,439 SQUARE FEET) OF LAND, MORE OR LESS. PAGE 1 OF 2 F:\JOB\SLD\95209010\SDATA\292EX010.FNS NOVEMBER 27, 1995 OWNER: CENTEX DEVELOPMENT WO(X:)EN H~C~.IWA Y (~ .... laOelUMENT FOUm COMPANY, L.P. ENC~NEE:RS 59o+9:., A POREON OF [RACT V ~9. 7O8 ACRES VOL. 24~g.. PG. 20~ CENAX OEV~PUENT O. ?~ ~ ~MPAN Y, L.R M~MENT ~0 EAST R.O.W. UNE RE~ED EAST R.O.W. (90' aOE R.O.W.) REAL.:~NT PLUS - POINT OF SCALE 1" = C0' ~ ~ ~ BgGINN[NG [N~NEERS [-~ 596 , . COUGAR ALLEY (~0' R.O.W.) ~ M HWY. NO. 425 AS REC~OED IN V~[ 647. PA~ 525. D.R.D.C.T. ~.[ET ~c~ ,'-,o' : SURPLUS PROPER~ ~~r~r.uurg~ DRAINAGE DITCH EASEMENT c~.~, ~ c.~.,-~. ~ ........ :.*~ e,. T **c~ THOMAS C. ~I~ON SURLY C~TER & BURGESS. INC. r ~JG~ SLDN952ogo~oN~AN292[X~I-O'~