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HomeMy WebLinkAboutOrdinance No. 433 CITY OF T.}{E COLONY, TEXAS ORDINA CE AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS CLOSING A PART OF A PUBLIC STREET LOCATED WITHIN THE CORPORATE LIMITS OF THE CITY, THE SAME BEING THE FOURTH ARMY MEMORIAL ROAD; PROVIDING THAT SUCH CLOSING SHALL BE ALL THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY CLOSE; DECLARING THAT THE CITY IS NOT ABANDONING OR VACATING ITS RIGHTS, TITLE OR INTEREST IN AND TO SAID ROAD; DECLARING AN EMERGENCY AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of The Colony, Texas (the "City") is a home rule city pursuant to article 11, section 5 of the Texas Constitution, Tex. Rev. Civ. Stat. Ann. art. 1165 et seq (Vernon), as amended, and its Home Rule Charter; and WHEREAS, the City has the power and authority, pursuant to article 1175(18), Texas Revised Civil Statutes (Vernon), as amended, and section 1.12 of Chapter 1 of its Home Rule Charter to close public streets and alleys within the corporate limits of the City; and WHEREAS, the Fourth Army Memorial Road is a public street located in part within the limits of the City; and WHEREAS, the City is the sole owner of the land which abuts that part of said Road closed herein, which part is entirely within the limits of the City; and WHEREAS, the City Council hereby finds that the closing of the Fourth Army Memorial Road as outlined herein is in the best interest of the health, safety and welfare of the citizens of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: Section 1. That all of the above premises are found to be true and correct and are incorporated into the body of this ordinance as if copied in their entirety. Section 2. That the Fourth Army Memorial Road, a public street located in part within the corporate limits of the City of The Colony, Texas is hereby closed, abandoned and vacated for public street or right-of-way use and purposes, including but not limited to the use of said road by motor vehicles, at the location described in Exhibit "A", attached hereto and incorporated herein for all purposes. Section 3. That the closing, abandonment and vacation provided herein shall extend only to the public right, title and interest in and to said Fourth Army Memorial Road and shall be construed to extend only to the interest that the City Council may legally and lawfully close, abandon and vacate. Section 4. The fact that the present ordinances and regulations of the City of The Colony, Texas, are inadequate to properly safeguard the health, safety, morals, peace, and general welfare of the inhabitants of the City of The Colony, Texas, creates an emergency for the immediate preservation of the public business, property, health, safety, and general welfare of the public which requires that this ordinance become effective from and after the date of its passage and it is accordingly so ordained. PASSED AND APPROVED~V the~City Council of the City of The Colony, Texas on this the~day of ~ , 1986. /~ ~/May~, City ~'~ Ce~Iony, Texas~ i y eere ary, ity of The Colony, Texas [SEAL] APPROVED AS TO FORM: City Attorney, City of The Colony, Texas THE FOURTH ~PJ,1Y MEMORIAL ROAD Being all of the right-of-way of a public road situated in the william Bridges Survey, Abstract No. 112 and the R. P. Hardin Survey, Abstract No. 611 in Denton County, Texas whose centerline is more particularly described as follows: BEGINNING at the northeast corner of the said Bridges Survey; THENCE South 0" 11'15" West, along the center of th~'public road commonly known as The Fourth Army Memorial Road and the common abstract line of the said Bridges and Hardin Surveys, a distance of mi ~ feet to a point in a turn in such ~' THENCE South 89" 26' 32" East, continuing ?~ along the center of said road a distance · of 1030.67 feet to a point in the West R.O.W. line of the St. Louis and S. an Fran= ' cisco Railroad. Together with all of the right-of-way on either side of the center line of said road, a width of 40 feet more or less, but including all o~ said right-of-way regard- le~s of its width.