Loading...
HomeMy WebLinkAboutOrdinance No. 484 CITY OF THE COLONY, TEXAS ORDINANCE NO. , " AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, VACATING AND ABANDONING AN EASEMENT LOCATED ON THE NORTHWEST CORNER OF THE INTERSECTION OF NORTH COLONY BOULEVARD AND FoM. ROAD NO. 423, BEING A TWENTY FOOT (20') BY ONE HUNDRED FORTY FOOT~. (140') EASEMENT DEDICATED AS A PEDESTRIAN CROSSOVER TO THE CITY BY THE COLONY JOINT VENTURE AND WINN-DIXIE TEXAS, INC. AS SHOWN ON THE FINAL PLAT OF THE OAK VILLAGE ADDITION FILED OF RECORD IN CABINET A, PAGE 202 OF THE MAP AND PLAT RECORDS OF DENTON COUNTY, TEXAS; REQUIRING A HOLD HARMLESS AGREEMENT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE DATE AND DECLARING AN EMERGENCY. WHEREAS, an easement (the "Easement") has heretofore been dedicated to the City of The Colony,Texas (the "City") by Colony Joint Venture and Winn-Dixie, Inc.; and WHEREAS, the Easement is located on the northwest corner of the intersection of North Colony Boulevard and F.M. Road No. 423, being a twenty foot (20') by one hundred forty foot (140') easement as indicated on the plat attached hereto as Exhibit "A" and incorporated herein by this refernece, which plat is of the Oak Village Addition and is filed of record in Cabinet A, page 202 of the Plat Records of Denton County, Texas; and WHEREAS, the Town Council has found and concluded that there is no current or projected future need for said easement. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. All of the above premises are hereby found to be true and correct and are hereby approved and incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the City does hereby vacate and abandon all of the rights, title and interest of the City and the public in the Easement located at the northwest corner of the intersection of North Colony Boulevard and Farm-to-Market Road No. 423, the same having been heretofore dedicated to the City of The Colony by Colony Joint Venture and Winn-Dixie Texas, Inc., as shown on the plat of the Oak Village Addition to the City of The Colony filed of record in the Plat Records of Denton County, Texas, Cabinet A, Page 202, the said Easement being a strip of land twenty feet (20') in width, fronting on North Colony Boulevard and one hundred forty feet (140') in length, fronting on Farm-to-Market Road No. 423 as shown on the plat attached hereto as Exhibit "A" and incorporated herein by this reference. Section 3. The property owner who has requested the vacation and abandonment of the Easement described herein shall immediately file with the City Manager a fully executed Hold Harmless Agreement on a form provided by the City which Hold Harmless Agreement shall constitute a covenant which runs with said property. Section 4. The City Secretary is directed to file a certified copy of this ordinance and the Hold Harmless Agreement required by Section 3 in the Map and Plat Records and in the Deed Records of Denton County, Texas. Section 5. If any section, article, paragraph, sentence, clause, phrase or word in this ordinance, or application thereto to any person or circumstances is held invalid or unconstitutional by a Court of competent jurisdiction such holding shall not affect the validity of the remaining portions of the ordinance; and the City Council hereby declares it would have passed such remaining portions of this ordinance despite such invalidity, which remaining portions shall remain in full force and effect. Section 6. The fact that no present ordinance of the City of The Colony, Texas, provides for the vacation and abandonment of a portion of said specifically defined easement creates an urgency and an emergency and in the preservation of the public health, safety and welfare requires that this ordinance shall take effect immediately from and after a fully executed Hold Harmless Agreement as required by Section 3 has been filed with the City Manager. PASSED AND APPROVE~,.~y the City Council of the City of The Colony, Texas this /~day of ~7~ , 1987. Mayor~ City o~he ~ldny, Texas A~~,_ ~i~y~r~;a.r~~ city of The Colony, Texas APPROVED AS TO FORM: City Attorney, City of The Colony, Texas 0009V STATE OF TEXAS ~ § HOLD HARMLESS AND INDEMNITY AGREEMENT COUNTY OF DENTON ~ FOR AND IN CONSIDERATION of the City of The Colony, Texas' vacating and abandoning the following described pedestrian crossover easement, to-wit: That pedestrian crossover easement located at the northwest corner of the intersection of North colony Boulevard and Farm-to-Market Road NO. 423, City of The Colony, Denton County, Texas, more particularly described as the southeast corner of the Oaks Village Addition located in the James L. Sparks Survey, Abstract No. 1179, City of The Colony, Denton County, Texas, being a strip of land twenty feet (20') in width, fronting on North Colony Boulevard by forty feet (140') in length, fronting on Farm-to-Market Road No. 423 as shown on the map attached hereto as Exhibit "A". and other good and valuable consideration, Undersigned, ~Z~/ ~, ;~/~/~l~ ~U-6,~fA , dominant owner(s) of the land on which the above described pedestrian crossover easement lies shall indemnify, hold harmless and defend the City of The Colony, Texas, its officers, agents and employees from any loss, damage, liability or, including reasonable attorneys fees and costs, on account of any damage to property and injuries whatsoever to all persons which may arise as a result of the vacation and abandonment of the pedestrian crossover easement above described. It is agreed and understood that this Agreement shall be filed in the Map and Plat Records and in the Deed Records of Denton County, Texas, and that the covenants made herein shall run with the land owned by Undersigned. EXECUTED this 21~-P day of :~brI-E/~/E-~ , 1987 STATE OF TEXAS ~ § ACKNOWLEDGEMENT COUNTY OF ~ ~ BEFORE ME, the undersigned, a Notary Public, in and for the said County and State, on this day personally appeared ,'~-~r? ~. [~ ~ ~ , known to me to be .the person whose name is subscribed to the foregoing Hold Harmless and Indemnity Agreement and acknowledged to me that he/she executed the same for the purposes and consideratioD therein expressed and that he/she has the authority and power to enter into the foregoing instrument. SUBSCRIBED AND SWORN TO BEFORE ME, on this the 2/~ day of G'~'/o~ , 1987. ,,~? ,.-~,. ~'>.% NOTARY PUBLIC in and f6r ~'~ L:~.x the State of Texas STATE OF TEXAS § ACKNOWLEDGEMENT COUNTY OF DENTON BEFORE ME, the undersigned, a Notary Public, in and for the said County and State, on this day personally appeared , known to me to be the person whose name is subscribed to the foregoing Hold Harmless and Indemnity Agreement and acknowledged to me that he/she executed the same for the purposes and consideration therein expressed and that he/she has the authority and power to enter into the foregoing instrument. SUBSCRIBED AND SWORN TO BEFORE ME, on this the day of , 1987. NOTARY PUBLIC in and for the State of Texas [SEAL] My Commission Expires:. CERTIFICATION I, the undersigned, Patti A. Hicks, do hereby certify that the aforegoing instrument is a true and correct copy of Ordinance #484 duly adopted by the Ci~,jCouncil of the City of The Colony, Texas at a regular meeting duly convened on the day of ~.~,f~ , 1987. Patti A Flicks, City Secreta y [SEAL] 0011V