HomeMy WebLinkAboutOrdinance No. 201 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ABANDONING
A PORTION OF STEWART'S CREEK ROAD IN FAVOR OF THE ABUTTING
PROPERTY OWNER, FOX & JACOBS, INC., FOR AND IN CONSIDERATION
OF THE SUM OF 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
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
following portion of Stewart's Creek Road, which constitutes
street right-of-way owned in fee or used by easement, is no
longer needed for public purposes and should be abandoned;
and,
WHEREAS, Fox & Jacobs, Inc., the owner of the abutting
property on either side of such street's rights-of-way, desires
that such street's rights-of-way be abandoned in favor of
it for and in consideration of the payment of the fair market
value of the land and improvements therein contained as deter-
mined 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 portion of Stewart's
Creek Road within the limits of the City of The Colony
no longer needed or necessary for public purposes as street
or rights-of-way and should be abandoned in favor of the abut-
ting property owner, Fox & Jacobs, Inc. The portions of said
road being abandoned herein are described as follows, to-wit:
Being a strip of land 34 feet in width situated in the
B.B.B. & C.R.R. Survey, Abstract No. 181, the J. C. Caton
Survey, Abstract No. 313, and the Richard G. Dunlap Survey,
Abstract No. 352, Denton County, Texas, and having a
center line more particularly described as follows:
BEGINNING at a point in the West line of Anderson Drive,
said point being in a Northerly direction along said
West with a curve to the right Chord Bearing N 12° 09'
18" E, said curve having a central angle of 02° 54' 44"
and a radius of 191.16 feet, an arc distance of 9.72
~t frnm its J. nters~ction with the North line if Keys
Drive;
THENCE S 89° 43' 02" W, 536.20 feet;
THENCE S 88° 27' 30" W, 1356.70 feet to the end of this
abandonment and containing 1.477 acres of land.
SECTION 2. That the above described portion of Stewart's
Creek Road be, and the same is hereby, abandoned in favor
of Fox & Jacobs, Inc., the owner of the abutting property,
for and in consideration of the sum of $ ~ /~0~ -- , said
amount being the fair market value of the land and improvements
thereon as determined by an appraisal obtained by the City.
SECTION 3. That this abandonment ordinance shall constitute
a Quitclaim Deed in favor of Fox & Jacobs, Inc., the owner
of the abutting property on either side of the described portion
of said road, 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 portion of Stewart's Creek Road as such public right,
title and interest may exist in fee or by prescriptive right
or easement, shall include all of the said public right, title
and 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 affect any of the remaining portions hereof.
SECTION 6. This ordinance shall take effect immediately
from and after its passage and the publication of the caption
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of The Colony,
Texas, on the ~ day of ~/~,c~ , 1982.
APPROVED:
ATTEST: