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HomeMy WebLinkAboutOrdinance No. 247 A ORDINANCE OF THE CITY OF THE COLONY, ABANDONING TEXAS, PORTIONS OF STEWART CREEK ROAD IN FAVOR OF THE ABUTTING OWNER, FaY & JACOBS, INC., FOR AND IN CONSIDERATION OF A GENERAL WARRANTY DEED TO A CERTAIN 13.606 ACRE TRACT DESCRIBED HEREIN; PROVIDING THAT SUCH ABANDONMENT SHALL BE ALL THE INTEREST WHICH THE CITY MAY LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A QUITCLAIM DEED THAT MAY BE RECORDED WITH THE COUNTY CLERK OF DENTON COUNTY, TEXAS; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony has determined that the followin~ portions of Stewart Creek Road, both of which constitnte street right-of-way owned in fee or used by easement, are no longer needed for pnblic nurposes and should be abandoned; and, WHEREAS, Fox & Jacobs, Inc. the owner of the abuttimr property on either side of such portions of Stewart Creek Road, desires that sueb Dortions of Stewart Creek Road be abandoned in favor of it for and in consideration of the exebamre and tender to the City of The Colony of a General Warranty Deed to that certain 13.60~ acre tract described below, which tract exceeds the fair market value of the land and improvements contained within tbe portions of Stewart Creek Road being abandoned, as determined by appraisals 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 !~ortions of Stewart Creek Road within the limits of the City of The Colony are no longer needed or necessary for public Durl~oses as streets or rights--of-way and should be abandoned in favor of the abutting prnDertv owner, Fox & Jacobs, Inc. The portions of said roads being abandoned herein are described as follows, to-wit: TRACT "A" Being a tract of land situated in the J. C. Caton Survey, Abstract No. 313, and the Richard G. Dun]ap Survey, Abstract No. 352, De~ton County, Texas, 8nd being more particularly described as follow, s: THE PLACE OF BEGINNING being at the intersection of the nort~ line of Malone Avenue (50 ft. R.O.W.) and the west line of Galloway Court; THENCE S 18° 3~1' 53" E, 35.18 feet to a point; THENCE S 88° 27' 30" W, ll08.zt4 feet tea point; THENCE N 01° 24' 19" W, 17.00 feet to a point; THENCE S 88° 27' 30" W, ~7.00 feet to a ~)oint; THENCE N l0° 25' 46" W, 77.23 feet to a point; THENCE N 88° 28' 39" E, 1137.75 feet to the Place of Beginning and containing 0.87~ acres of ]and. TRACT "B~ Being a tract of land situated in the J. C. Caton Survey, Abstract No. ~] 3, and the Richard G. Dunlap Survey, Abstract No. ~52, Denton County, Texas, and being more particularly described as follows: COMMENCING at the intersection of the north line of Malone Avenue and the west line of Galloway Court; THENCE S 18° 3a' 53" E, ]7.59 feet; THENCE S 88° 27' 30" W, ]]08.44 feet to the Place Of Beginning; THENCE FROM THE PLACE OF BEGINNING S 0l° 24' ~.P" E, ?573.5] feet; THENCE S 88° 46' 45" W, ]7.00 feet; THENCE N 01° 24' 19" W, 2573.42 feet; THENCE N 88° 27' 30" E, 17.00 feet to the Place Of Beginning and containing 1.004 acres of land. SECTION 2. That the above described portions of Stewart Creek Road be, and the same are hereby, abandoned in favor of Fox & Jacobs, Inc., the owner of the abuttin~ property, for ~nd in consideration of the exchange and tender to the City of The Colony of a General Warranty Deed conveying all right, title and interest of Fox & Jacobs, Inc., to the City of The Colony, Texas, in the following described rea] property, to-wit: Being a tract of ]and situated in the B.B.B. & C.R.R. Company Survey, Abstract No. 173 Denton County, Texas, and being' more particularly described'as follows: BEGINNING at an iron pin for corner in the west line of the B.B.B. and C.R.R. Company Survey, Abstract No. ]73, said corner being N 00° 24' 58" W, along said west line, 712.50 feet from the southwest corner of said survey and a U.S. Corp. of Engineers concrete monument No. B28; THENCE N 00° 24' 58" W, 675.72 feet along said west line to a U.S.A. concrete monument No. B-29; THENCE N 00° 13' 53" W, 406.39 feet along said west line to an iron pin for corner; THENCE S 89° 32' 48" E, 552.73 feet to an iron pin for corner in the west line of Farm Road No. 423; THENCE S 00° 07' 50" W, 1078.54 feet along said west line to an iron pin for corner; THENCEN 89° 54' 30" IV, 543.70 feet to an iron pin for corner and the Place Of Beginning and containing ]3.g0g acres of land. That the fair market value of the 13.606 acre tract of land to be received by the City of The Colony, Texas, exceeds the fair mar'ket value of the ]and contained in Tracts "A" and "B" above and the improvements thereon as determ}ned by aD~raisa]s obtained by the City. SECTION .% That this abandonment ordinance shall constitnte a ©uitclaim Deed in favor of Fox & Jacobs, Inc., the owner of the abotting propert~ on either s~de of the describe~ portions of said road, ~d s certified cody of the same mav be filed ~n the Deed Records of Denton County, Texas, to ind}cate such abandonment. SECTION ~. That the ab~donment provided for herein sba~ e~tend only to the poblic right, t~tle and interest in and to sa~d port}ons of Stewart Creek Road as such DUb]}c title ~d interest may exist in fee or by prescr}ptive right or essement, shah include aH of the sai~ public ri~t, ~}t]e and interest of the City of The Co]onv, and shah be construed to extend only to the interest that the governing hod~ of the City of The Colony may legally and lawfully abandon. SECTION 5. The provisions of this ordinance ~e severable, and should any section, paragraph, sentence, clause or phrase hereof be declared unconstitutional or void, s~ch declaration shall not affect ~y of the remaining portions hereof. SECTION 6. Th~ ordinance sha~ take effect immediately from ~d after ~ts passage as the law and charter in su~ cases provide. DULY P~SED by the City Counc~ of the City of The Colony, Texas, o, the APPROVED: .... APPROVED AS TO FORM: :' ~Y SECRETARY C~Y A~ORNEY