HomeMy WebLinkAboutOrdinance No. 509 , '00846
CITY OF THE COLONY, TEXAS
.o. 504
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
CLOSING, ABANDONING AND VACATING, PORTIONS OF
MCKAMEY TRAIL (ALSO KNOWN AS FUQUA ROAD) IN
FAVOR OF AN ABUTTING PROPERTY OWNER,
INTERNATIONAL BUSINESS MACHINES CORPORATION;
FOR AND IN CONSIDERATION OF THE SUM OF
$ ]~.(.OO~oO PROVIDING THAT SUCH ABANDONMENT
SHALL BE ALL THE INTEREST WHICH THE CITY MAY
.LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT
SAID ORDINANCE SHALL CONSTITUTE A QUIT CLAIM
DEED THAT MAY BE RECORDED WITH THE COUNTY
CLERK OF DENTON COUNTY, TEXAS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of The Colony has determined that the
following portions of McKamey Trail (also known as Fuqua Road),
both of which constitute streets and rights-of-ways owned in fee
or used by easement, are no longer needed for public purposes and
should be abandoned; and
WHEREAS, International Business Machines Corporation, the
owner of abutting property, desires that such streets be
abandoned in favor of it and in consideration of the payment of
the fair market value of the land and improvements therein
contained as determined by an appraisal obtained by the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. ' ' That the hereafter described portions of
McKamey Trail (also know as Fuqua Road) within the limits of the
City of The Colony are no longer needed or necessary for public
purposes ~s Street~ or rights-of-ways and should be abandoned in
favor of.tan abutting property owner, International Business
Machines Corporation. The portions of said roads being abandoned
herein are. desc?ibed as follows, to-wit:
' (A) 'Ail the right-of-way of Fuqua Road, a public
.road, from the pgint of its intersection with
.th'e south right-of-way of State Highway 121
'~o~thward to the end of Fuqua Road where it ~
-intersects with McKamey Trail at the southern
boundary of the IBM property, situated in the
B.B.B. & C.R.R. Co. Surveys, Abstract Nos.
173 and 174, The Colony, Denton County,
Texas, being approximately 1.32 acres, more
or less. IBM owns the land on both sides of
this road.
(B) All of the right-of-way of McKamey Trail, a
pub l ic road, from the point of its
intersection with Fuqua Road eastward and
turning southward to the point of crossing
the St. Louis and San Francisco Railroad
track right-of-way, situated in the B.B.B. &
C.R.R. Survey, Abstract No. 174, and the
M.D.T. Hallmark Survey, Abstract No. 570, The
Colony, Denton County, Texas, being
approximately 4.92 acres, more or less, where
McKamey Trail runs east and west, and being
approximately 1 acre, more or less, where it
runs north and south. IBM owns the land on
the north of this road, and some of the east.
Crow-Billingsley owns the land on the south
and west of this road.
Section 2. The above described portions of McKamey Trail
(also known as Fuqua Road) be, and the same are hereby, abandoned
in favor of International Business Machines Corporation, the
owner of abutting property, for and in consideration of the sum
of $/~/~3~L~9 , said amount being the fair market value of the
land add improvements thereon as determined by an appraisal
obtained by the City.
Section 3. That this abandonment ordinance shall
constitute a quit claim deed in favor of International Business
Machines Corporation, the owner of abutting property , and a
certified copy of the same may be filed in the Deed Records of
Denton County, Texas, to indicate such abandonment.
Section 4. That the abandonment provided for herein
shall extend only to the public right, title and interest in and
to said portions of McKamey Trail (also known as Fuqua Road) as
such public right, title and interest may exist ~n fee or by
prescriptive right, shall include all of the said public right,
title interest of the City of The Colony, and shall be construed
to extend only to the interest that the governing body of the
City of The Colony may legally and lawfully abandon.
Section 5. The provisions of this ordinance are
severable, and should any section,, paragraph, sentence, clause,
or phrase hereof be declared unconstitutional or void, such
declaration shall not effect any of the remaining portions
hereof.
Section 6. This ordinance shall take effect thirty (30)
days after the completion and openi.ng of Plano Parkway.
PASSED AND APPROVE~D ~y the City Council of the City .of The
Colony, Texas on th~_~_~-- day of ~-~'~ , 1987
ATTEST: ~ ~, ~ .. S ...{ %
City Attorney