HomeMy WebLinkAboutOrdinance No. 562 CITY OF COLONY,
ORDINANCE NO. ~/~
TEXAS, VACATING AND ABANDONING A
EXHIBIT "A"; DEDICATED AS AN A~LE~HT-O~W
WAY AND BEING A PORTION OF THE ~ONY NO'~
31,AN ADDITION TO THE CITY OF THE COLONY,
DENTON COUNTY, TEXAS ACCORD'lNG TO THE
RECORDED PLAT THEREOF RECORDED IN CABINET B,
PAGE 253 OF THE MAP AND PLAT RECORDS OF
DENTON COUNTY, TEXAS; PROVIDING A
SEVERABILITY CLAUSE; PROVIDING AN EFFECTIVE
DATE AND DECLARING AN EMERGENCY.
WHEREAS, an alley right-of-way ("alley") has heretofore been
dedicated as a fifteen foot (15') alley by the City of The
Colony, Texas; and
WHEREAS, the Easement is located on the southeast corner of
the intersection of Chowning Circle and F.M. Road No. 423, being
a 0.088 acre tract of land of the S.E. Hayes Survey, Abstract No.
648 and being a portion of The Colony No. 31, an addition to the
City of The Colony, Denton County, Texas, according to the
Recorded Plat thereof which is filed of record in Cabinet B, page
253 of the Plat Records of Denton County, Texas; more fully
described in Exhibit "A"; and
WHEREAS,~the ~ity Council has found and concluded that there
is no current or projected future need for said alley.
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 alley located at the southeast corner of the intersection
of Chowning Circle and Farm-to-Marke~ Road No. 423, the same
having been heretofore dedicated by the City of The Colony
according to the Recorded Plat thereof recorded in Cabinet B,
page 253, of the Plat Records of Denton County, Texas.the said
Alley being a 0.088 acre tract of land fifteen feet (15') in
, v 2 96, ,30$ -
width, and more fully described in Exhibit "A" attached hereto
and incorporated herein by this reference.
Section 3. The City Secretary is directed to file a
certified copy of this ordinance in the Map and Plat Records and
in the Deed Records of Denton County, Texas.
Section 4. 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 5. 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 its
passage.
PASSED AND APPROVSD by the Cit~ Council of the City of The
Colony, Texas this /~ day of ~-~ , 19 ~
Don A~ick, Mayor
ATTEST:
~rney
- v0L2496PA 309
METES AND BOUNDS DESCRIPTION
15' WIDE ALLEY RI~HT-O~;~X'~OUT OF
Being a 0.088 acre tract of l~dd~U~ ~ ~h~S.E. ~ayes Survey, Abstract No.
648 and being a portion of ~h~ ~o!~ No. 3~? an a~dition to the City of The
Colony, Denton County, Texas~gtd. i~g~o t'pe Reco:~ded Plat thereof recorded
in Cabinet B, Page 253. Pl~t ~c~d~ ~, B~ton CoUnty, Texas and being more
particularly described as foll~,:r~<~ ~ ' ~ ;7.
COMMENCING a% a found 1/2"..-~,l~°n-~ ~'~.d sa~ ~ron ¥od being at the southeast
intersection
of
Chowning
Ciml % 0 foo:, R.o.w. and F.M. Road
foot R.O.W.);
THENCE North 89~ 52' 50" East along the south R.O.W. of Chowning Circle 65.00
feet to a found 1/2 inch iron rod, said iron rod being the northeast corner of
Lot 16. Block 112 of said Colony No. 31 and also being the POINT OF BEGINNING;
THENCE South O0~ 07' 10" East 125.00 feet to a found 1/2" iron rod at the
southeast corner of the Lot 16, Block 112 of said Colony No. 31;
THENCE North 89~ 52' 50" East 135.00 feet to a 1/2" iron rod for corner;
THENCE North O0° 07' 10" West 15.00 feet to a found 1/2" iron rod at the
souc~eas~ corner of Lo~ i4, Block ii2 of said Colony No. 31;
THENCE South 89~ 52' 50" West passing the southwest corner of said Lot 1~ at
60.00 feet. in all a total distance of 90.00 feet to a 1/2" iron rod at the
beginning of a curve to the right having a central angle of 90~ 00' 00". a
radius of 30.00 feet, a chord disCance of 42.43 feet and a chord bearing of
North 45° 07' 10" West;
THENCE along said curve an arc length of 47.12 feet;
THENCE North O0~ 07' 10" Wes~ 80.00 feet to a 1/2" iron rod found at the
THENCE South 89° 52' 50" West 15.00 feet to the POINT OF BEGINNING and
containing 0.088 acres of land (3,868 square feet), more or less.
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1701-01
EXHIBIT "A"