HomeMy WebLinkAboutResolution No. 88-07 CITY OF THE COLONY, TEXAS
SOLUTION No.
A RESOLUTION OF THE CITY OF THE COLONY, TEXAS
APPROVING THE RELEASE OF A SURPLUS TRACT OF A
PUBLIC STREET LOCATED WITHIN THE CORPORATE
LIMITS OF THE CITY, THE SAME BEING FM 423;
FROM THE STATE DEPARTMENT OF HIGHWAYS AND
PUBLIC TRANSPORTATION TO CENTEX HOMES
CORPORATION
WHEREAS, FM 423 is a public street located in part within
the limits of the City of The Colony; and
WHEREAS, an independent determination has been made that the
surplus tract 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, Centex Homes Corporation is the sole owner of the
land which abuts that part of said Road herein described; and
WHEREAS, the City Council hereby finds that the releasing of
surplus tract outlined herein is in the best interest of the
health, safety and welfare of the citizens of the City:
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
1. That the City Council of the City of The Colony, Texas
approves the State Department of Highways and Transportation's
proposal to release the herein described tracts, in even exchange
with Centex Homes Corporation for 18 acres of land to be
dedicated for State Highway 121 widening.
2. That the City Council of the City of The Colony, Texas
approves the State Department of Highways and Transportation's
proposal to release to Centex Homes Corporation, at no charge,
any additional land on the old FM 423 alignment' that is
determined surplus at a future date.
PASSED AND APPRg.V~D by the City Council of the City of The
Colony, Texas this 7~' day of . .~}~~. , 1988.
Don ~%-m i-c k ,- Ma~rdr - /'
ATTEST:
Patti A. Hicks, City Secretary
FIELD NOTES
ABANDONMENT OF OLD F.M. 423 R.O.W.
BEING a part of land situated in H. O. Hedgecox Survey,
Abstract No. 533, 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;
BEGINNING at a point in southwest corner of said tract, said
point being North 28 deg. 39 min. 37 sec. West at a distance
of 160.00 feet from the new S.H. 121 centerline station
456+19.27;
1. THENCE North O0 deg. 19 min. 37 sec. West along the western
right of way line of Old F.M. 423, for a distance of
2,408.24 feet to the beginning of a curve which bears in the
southeasterly direction whose radius of 2974.79 feet bears
North 77 deg. 35 min. 43 sec. East and having a central
angle of 04 deg. 15 min. 49 sec.;
2. THENCE along the arc of said curve, for a distance of 221.37
feet to a point for corner;
3. THENCE South 46 deg. 51 min. 15 sec. East, £or a distance of
35.38 feet to a point for corner;
4. THENCE South O0 deg. 19 min. 37 sec. East, for a distance of
2,052.24 feet to a point for corner;
5. THENCE South 89 deg. 40 min. 23 sec. West, £or a distance of
20.00 feet to a point for corner;
6. THENCE South O0 deg. 19 min. 37 sec. East, for a distance of
84.76 feet to a point for corner;
7. THENCE South 61 deg. 20 min. 23 sec. West, for a distance of
68.17 feet to the POINT OF BEGINNING and containing 4.0724
acres (177,394 square feet) of land, more or less.
S.H. 121
D-15-14 801,~-1- Parcel 6 ~
Page 1 of 2
September 18, 1987
BEING 5.7891 acres (252,173 square feet) of land, more or
less, situated in the Amos Singleton Survey, Abstract
~o. 1138, Denton County, Texas, ~nd being out of and a part
of a tract of land conveyed to Fox and Jacobs, Inc., a Texas
corporation, by deed recorded in Volume 804, Page 755, Deed
Records of said county; said 5.7891 acres (252,173 square
feet) of land, more or less, being more particularly
described by mete~ and bounds as follows:
COMMENCING at a nail set in the intersection of a county
road (Kennepac Road)center line and the City of Lewisville
and the City of The Colony city limit line;
THENCE South 00 deg. 03 min. 55 sec. West along said city
limit line also being the common boundary line for said
t~aet of land and a tract of land conveyed to Trustee, E-
Systems, Inc. Pool Trust,as recorded in Volume 1067, Pages
958 and 962, Deed Records of said county for a distance of
1,185.14 feet to a point in the new right of way line of
S.H. 121 and the POINT OF BEGInnING;
THENCE along the new right of way line of S.H. 121 as
follows:
1. North 61 deE. 20 min. 23 see. East, for a distance of
24.98 feet;
2. North 72 deg. 38 min. 59 see. East, for a distance of
101.98 feet;
3. North 61 ~eg. 20 min. 23 sec. East, for a distance of
2,229.22 feet;
4. North 28 de~. 39 min. 37 see. West, for a distance of
65.82 feet to a point for a corner in the southern
right of way line of Kennepac Road;
5. THENCE North 89 deg. 34 min. 49 sec. East along the southern
right of way line of Ke~nepac Road for a distance of 220.62
feet to a point for a corner in the existing northern right
of way line of. S.H. 121;
S.H. 121
D-15-14 801B-l- Parcel 6
Page 2 of 2
September 18, 1987
TH~CE along the existing northern right of way line of
S.H. 121 as follows:
6. South 06 deg. 03 min. 13 see. East, for a distance of
50.49 feet;
7. South 61 deg. 20 min. 23 sec. ~'lest, for a distance of
600.00 feet;
8. South 57 deg. 03 min. 02 sec. West, for a distance of
200.56 feet;
9. South 61 deg. 20 min. 23 sec. West, for a distance of
1,795.02 feet to a point for a corner in the said city
limit line;
10. THENCE ~,Iorth O0 deg. 03 min. 55 see. East along the said
city limit line for a distance of 137.04 feet to the new
right of %,~ay line of S.H. 121 and the POII,TT OF BEGIM~!ING,
and containing 5.7891 acres (252,173 square feet) of land,
more or less.
S.H. 121
D-15-14 8018-1- Pareel 7 '~
Page 1 of 1
September 18, 1987
BEI~.;G 0.7823 of an acre (34,077 square feet) of land, more
or less, situated in the He~ry O. }{ed~ecox Survey, Abstract
No. 533, Denton County, Texas, and being out of and a part
of a tract of ]and conveyed to Fox and Jacobs, Inc., a Texas
corporation, by deed recorded in Volume 1087, Page 938, Deed
Records of said county; said 0.7823 of an acre (34,077
square feet) of land, more or less, being more particularly
described by metes and bounds as follows:
COMMENCI~G at a nail set in the western right of way line of
old F.M. ;123 and also being the same point in the northeast
corner of said Fox and Jacobs, Inc., tract of land;
THENCE South 00 deg. 14 min. 58 see. West along the western
right of way line of old F.M. ~23 and also being the east
p~operty line of said tract of ].and for a distance of
2,292.30 feet to the POI~,~T OF
1. THE%~CE South 00 deg. 14 m~n. 58 see. ~est continuing alone
the said property line for a distance of 25.85 feet to a
concrete right of way marker in the ex.~stin~ northern right
of way line of S.H. 121;
THE~.~CE along the ex~sting northern right of way line of S.H..
121 as follows:
2. South 30 deg. 03 min. 22 sec. West , for a distance of
121.46 feet to a right of way marker;
3. South 61 deg. 20 min. 23 see. %.lest, for a distance of
176.72 feet to a concrete r~zht of way marker;
4. South 75 deg. 12 min. 42 sec. West, for a distance of
193.O7 feet to a concrete r~ght of way marker;
5. South 89 de~. 34 min. 49 see. West, for a d~stance of
83.28 feet to a point in the new right of way line of
S.H. 121 for a corner;
6. /~{E~,~CE ~'~orth 61 deg. 20 min. 23 see. East along the new
r~ght of way ~ltne of S.H. 121 for a d~stance of 553.82 feet
to the POIUT OF BEGI~II~G, and eontain~no~ 0.7823 of an acre
(34,077 square feet) of land, more or less.
S.H. 121
D-15-14 8018-1- Parcel 8 ~
Page 1 of 2
September 18, 19~7
BEING 1.9221 acres (83,727 square feet) of land,- more or
less, situated in T~omas Wilson Survey, Abstract ~o. 1352,
Denton County, Texas, a~d being out of and a part of a tract
of land conveyed to Fox and Jacobs, Inc./}{. R. Bright by
deed recorded in Volume 1385, Pa~e 86 Deed Records of said
county; said 1.9221 acres (83,727 square feet) of land, more
or less, being more particularly described by metes and
bounds as follows:
CO~ENCI~G at an iron rod found in the intersection of the
western right of way · llne of n~.~ F.M. 423 (110 foot
R.O.W.) and the eastern right of way line of old F'.M. 423,
which, is also bein~ the common boundary line with the
western boundary line of the said tract of land conveyed to
Fox and Jaeobs~ Inc./H. R. Brt~,ht;
·
T}PENCE alonz the said common boundary line as follows:
South 18 deg. 50 min. 53 see. West, for a distance of
104.26 feet to a concrete monument found for a corner;
South O0 deg. 14 min. 07 see. ~.ast, for a distance of
2,022.9~ feet to the POI~IT OF
THENCE along the ne%.; right of way line of S.H. 121 ms
follows:
1. Uorth ~1 deg. 20 min. 23 see.
907.24 feet;
2. ~.}orth 41 'de~. 28 mtn. 29 see. Enst, for a distsnee of
41.62 feet;
3. North 16 de~. 20 m~n. 23 see. East, for a distance of
44.85 feet;
4. ~orth O~ de~. 47 min. 43 sec. West, for a distance of
41.62 feet to a point for ,~ corner in the western
right of way line of new F.M. 423;
5. THE~!CE Sout~ 28 deg. 39 min. 37 sec. E~st along the
western right of way line of new F.M. 423 for a distance of
103.O1 feet to a point for a corner in the existin~ northern
right of way line of $.H. 121
S.H. 121
D-15-14 8018-1- Parcel 8
Page 2 of 2
September 18, lgR7
THENCE alOng the existing northern right of way line of S.H.
121 as follows:
6. South 16 deg. 24 min. 24 sec. West, for a distance of
94.42 feet;
7. South 61 deg. 20 min. 23 sec. West, for a distance of
882.56 feet;
8. North 80 deg. 12 min. 07 sec. West, for a distance of
79.20 feet;
9. ~orth 00 deg. 14 min. 07 sec. West, for a distance of
40.30 feet to the POINT OF B~IMNING, and containing
1.9221 acres (83,727 square feet) of land, more or
~ less.
S.H. 121
D-15-14 8018-1- Parcel 9 '~
Page 1 of 2
September 1R, 1OR7
BEIMG 1.9652 acres (85,604 square feet) of land,' more or
less, situated in Thomas Wilson Survey, Abstract ~,~o. 1352,
and being out of and a part of a tract of land conveyed to
Fox and Jacobs, Inc./H. R. Bright, by deed recorded in
Volume 1385, Page 86, Deod Records of said county; sa~d
1.9652 acres (85,604 square feet) of land, more or less,
being mo~e particularly described by metes and bounds as
follows:
COg,~E~CDIG at an iron rOd found at the intersection of the
middle of Office Branch and the eastern right of way line of
new F.M. 423 (110 foot R.O.W.);
THENCE South 08 deg. 41 min. 15 see. East, for a distance of
216.89 feet to a point in the beginning of a curve to the
l~ft having a radius of 2809.79 feet which bears Uorth 73
de~. 19 min. 54 see. East;
THENCE along the eastern right of way line of new F.M. 423
as follows:
Alon~ the are of said curve to the left for a distance
of 588.09 feet;
South 28 deg. 39 min. 37 sec. East, for a distance of
1,251,43 feet to a point in the new right of way line
of S.H. 121 and the POI~.!T OF BEGI~.~,~IUG;
TH~,]CE along the n~ richt of way line of S.H. 121 as follows;
1. South 48 d'e~. 31 min. 31 see. ~sst, for a distance of
41.62 feet;
2. South 73 de~. 39 min. 37 see. East, for a distance of
44.85 feet;
3. North 81 de~. 12 min. 17 sec. East, for a distance of
~1.g2 feet;
4. ~.~orth 61 deg. 20 min. 23 sec. East, for a distance of
776.R1 feet to a point for a corner in the common
boundary l~ne of said tract and a tract of land
conveyed to Fox and Jacobs, Inc., a Texas corporation,
as recorded in Volume 1385, Page 86, Deed Records of
said county;
S.H. 121
D-15-14 8018-1- ParceI 9
Page 2 of 2
September 18, 1987
5. THENCE South O0 deg. 15 min. 20 sec. West alone the said
co, on boundary line for a distance of 114.86 feet to a
point for a corner in the existing northern right of way
line of S.H. 121;
THENCE alon~ the existing northern right of way line of S.H.
121 as follows:
6. South 61 de~. 20 min. 23 see. West, for a distance of
769.03 feet;
7. North 88 deg. 35 min. 37 see. West, for a distance of
43.03 feet to a point for a corner in the eastern
right of way line of new F.~. 423;
8] THENCE North 28 deg. 39 min. 37 see. West along the eastern
right of way line of new F.M. 423 for a distance of 163.98
feet to a point for a corner in the new risht of way line of
S.H. 121 and the POINT OF BEGI~UI~, and containing 1.9652
acres (85,604 square feet) of land, more or less.
S.H. 121
D-15-14 8018-1- Parcel 10 ~
Page 1 of 2
September 18, 1997
BEING 2.0183 acres (87,917 square feet) of land,, more or
less, situated in Thomas Wilson Survey, Abstract Uo. 1352,
Denton CoUnty, Texas, and being out of and a part of a tract
of land .conveyed to Fox and Jacobs, Inc., a Texas
corporation, by deed recorded in Vol~e 1385, Page 86, Deed
Records of said county; said 2.0183 acres (87,917 square
feet) of. land, more or less, being more particularly
described by metes and bounds as follows:
COMME. NCIr'~G at an iron rod found in the meeting of the middle
of Office Branch and the eastern right of way line of n~
F.M. 423 (110 foot R.O.W.);
THENCE South 08 deg. 41 min. 15 see. East, for a distance of
~-16.89 feet to the beginning of a curve to the left having a
r~dius of 2809.79 feet which bears ~orth 73 deg. 19 min. 54
see. East;
THENCE along the eastern right of way line of new F.M. 423
as follows;
Along the are of said curve to the left for a distance
of 588.09 feet;
South 28 deg. 39 min. 37 see. East, for a distance of
1,251.43 feet to a point for a corner in the new right
of way line of S.H. 121;
THENCE along the new right of way ].ine of S.H. 121 as
follows;
South 48 deg. 31 min. 31 see. East, for a distance of
41.62 feet;
South 73 deg. 39 min. 37 see. East, for a distance
44.85 feet;
North 81 deg. 12 min. 17 see. East, for a distance of
41.62 feet;
THE~;CE 6.1 deg. 20 min. 23 see. East, for a distance of
776.81 feet to a point in the common boundary line
between said Fox and Jacobs, Inc., a Texas corporation,
tract of land and a tract of lan.~ conveyed to Fox and
Jacobs, Inc./H. R. Bright as recorded in Volume 1385,
Page 86, Deed Records of said county, said point bein~
the POI~T OF BEGI~{ING;
S.H. 121
D-15-14 8018-1- Parcel 10
Page 2 of 2
September 18, lg~7
THE~CE continuing along the new right of way line of S.H.
121 as follo~m:
1. ~orth 61 de~. 20 min. 23 sec. East, for a distance of
784.28 feet;
2. North 16 deg. 20 min. 23 see. East, for a distance of
70.71 feet to a point for a corner in the western right
of way line of Blair Oakes Drive (60 foot R.O.W.);
3. THE~lCE South 29 deg. 39 min, 37 sec. East along the western
right, of way line of Blair Oaks Drive for a distance of
150.54 feet to a point in the ex~st~ng northern right of way
line of S,H. 121 for a corner;
4. THENCE South 61 deg. 20 min. 23 sec. West along the existing
northern right of way line of S.}{. 121 for a distance of
889.81 feet to a point for a corner ~.n the said e~,~n
boundary line between said Fox and Jacobs, Inc., tract of
]and and said Fox and Jacobs, Ine./H~. R. Bright tract of
land;
5. THENCE ~lorth O0 deg. 15 min. 20 see. East alon~ the said.
common boundary line for a distance of 114.86 feet to the
POINT OF BEGI~;I~G, and containing 2.0183 acres (87,917
square feet) of land, more or less.
S.H. 121
D-15-14 8018-1- Parcel 11
Page 1 of 2
September 18, 1987
BEING 5.3505 acres (233,068 square feet) of land,- more or
less, situated in B.B.B. & C.R.R. Co. Survey, Abstract bio.
173, Thomas Wilson Survey, Abstract Uo. 1352, and J.B.
Shipps Survey, Abstract No. 1227, Denton County, Texas, and
being, out of and a part of a tract of land conveyed to Fox
and Jacobs, Inc., a Texas corporation, by deed recorded in
Volume 1385, Page 86,' Deed Records of said county; said
5.3505 acres (233,068 square feet) of land, more or less,
being more particularly described by metes and bounds as
follows:
COb~ENC171G at an iron rod found at the most northerly east
corner of said tract of land which is also a point in the
existing northern right of way line of S.H. 121;
T~E'NCE South 00 deg. 19 min. 23 see. West along the most
easterly boundary line of said tract of land and said exist-
ing northern right of way line of S. H. 121 for a distance
of 13.96 feet to a point in the n~.; right of way line of S.H.
121 and the POINT OF BEGIMNI[.~3;
THRICE continuing along the existin~ northern right of way
line of S.H. 121 as foll~vs:
1. South 00 deg. 19 min. 23 see. West, for a distance of
16.62 feet;
2. South 33 deg. ~5 min. 23 see. West, for a distance of
154.70 feet;
3. South 58 'deg. ~7 min. 23 see. West, for a'dtstanee of
322.90 feet;
4. South 61 deg. 20 min. 23 see. West, for a distance of
1,937.02 feet to a point for a corner in the eastern
right of way line of Blair Oaks Drive (60 foot R.O.W);
5. THENCE North 28 deg. 39 min. 37 see. West along the eastern
right of way line of Blair Oaks Drive for a distance of
150.54 feet to a point for a corner in the new right of way
line of S.H. o121;
'U?;~C? .~lon~ tho net~ r'!~t ~f' ~.m,, 1 !po of .o..!~. 121 ~n
foltot..s:
~,. ~77 '-~. 3o ~. 77 ~oo. ':~:t., for ~ ,~!~t.~nn~, of ~ ~ ~ ~
7. "orth ~1 ~,-~. 20 min. 23 ~ec. ~'n~t, for n d~t~nce o~
~e~.
~.H. 121
n-15-14 ~019-1- Parce! 12
Pa%e 1 of 2
~tember lq 1~7
B~.~.UG 0.(1222 of nn aero (27,103 sq~.lnre feet) of land, more
or ]ess,sit~.~ntod Jn tho P.R..P.. ~. C.R.R. Co. Curvey, Abstract
~o.173, Penton County, Texa~, ~nd b~inm ot~t of amd ~ o~rt of
a tract o~ ~.and conveyed to ~ox ~nd J~co~, Inc., ~ Texas
corporation, by de~ recorded in Volume 874, Pm~ ~6,
Records of said county; said 0.G222 of an ~cre (27,103
~uuare feet) of ]and, more., or less, ~ein~ more
described by motes and hounds as fo].lo~.zs:
CO~CI~'~G mt mn iron rod found in the northeast co,er of
~e Colony ~'~o. 32 Addition, sa~.d noint is ~lso !ocated in
the ~,.,estern right of ~,my line of Poi~ Road (1~ foot
R.O.W.,) and the besinninm of a curve to the left ~.~Jth
r~dh~s of ~7~.On feet which henr~ ~orth ~ deg. ~3 min.
sec. F~st;
~'~C~ a]o~ the ~entern ri~,ht of ~'~nV li. ne of P~e ~ond
foll ot-~s;
Alon~ tq~ p~ of ~eid c~rv~ to t~ left for m distance
of 2~7.12 feet to the he~Jnnln~ of ~ curve to the
~.~ith ~ radius of 77~.P0 fo~t ~r,m ~ contr~! ~n~].e of
de~. On min. ~0 sec.;
Alon~ the n~ of ~id e~rve to t~e right for ~ distance
of 257.51 feet to the end of r~id et~rvo;
South QO de~. Pl m~q. lq sec. ~m~t~ for a dJst~nce
8gl.q1 f~et to the he~Jnnin~ oC .~ tqn~ent ct~rve to th~
left ,.~Jth n radius of 7~,5.P~ fe~t nnd eentrnl nn~!m
10 de~. 1P min. q2 ~ee.;
Alony the ~ ~ npid e~rvo to tb~ left for m
Off 136.59 feet to th~ PAT~'T ~ np~T')rlT,,q nnd th~
hem~nnin~ of n c~rvo to the ~qrt ~,tit)] n rmqius
7A6.2~ feet ~.~hich he~rs "orth 7o ~oq.~l% min. 50 sec.
1. Cont!nt~in,, nlon~ t~]e ~ of th~ ~d curve to the left
for n ,~i~t~nc~ of P~7.~7 K~.ot to tb~ eqd of said
2. ~outh Pe",~e%. ~2 min. I~1 sec. ~-'~st, for ~ distance
O.q~ fo~t to m po(nt for a corner in t)~e
noth~rn ri~t of ,m!~ li. ng of S.~i. 121;
~. f-f. 121
~.-15-1.q P,019-1- Parcel 12
Pa~e 2 of 2
e,~ptemher lC, lC°?
~;?!Cm e.lon~ the e×J. stinm northern right of ;.:ny 1 ine o.?
121 ~s follo~;~:
R. F, outh 6~1 de~. Rm, min. 01 ~ec. l.;e~t~ for ~ di~t~nce of
17n.7~ feet;
~!orth q3 de~. 29 min. 2G see. l,!est, for ~ distnnee of
97.0~ feet to ~ point in the n~.~ right of way ].ine
S.}{. 121
~{~'~'~C$~ ~]on~ the ne%..~ r~ht of ~.~av ! ine of q.~. 121
fo 11 o~.~s:
5. North gl de~. 20 min. 23 see. ~mst, for m distance of
110.00 feet;
F,. Uorth lq dem. 20 min. P3 ~e. mmnt, for ~ d~st~nce
215.0n feet to the PmI~T mm P~I"',I~q, and eontaininm
0.6222 of ~n ncre (P7,103 nq~l~r.: Corot) of lined, more or
1 ess.