HomeMy WebLinkAboutOrdinance No. 590 CITY OF THE. COLONY, TEXAS ORDINANCE NO. J~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS
CLOSING, ABANDONING,RELEASING, RELINQUISHING
AND DISCLAIMING, ALL OR A SPECIFIC PORTION OF
A CERTAIN DRAINAGE EASEMENT HEREINAFTER,
DESCRIBED THAT AFFECTS LAND OWNED BY CENTF~~
CONSIDERATION OF THE SUM OF $ 1.00 (ONE 036542
DOLLAR) PROVIDING THAT SUCH ABANDONMENT SHALL
BE ALL THE INTEREST WHICH THE CITY MAY
LEGALLY AND LAWFULLY ABANDON; PROVIDING THAT
SAID ORDINANCE SHALL CONSTITUTE A QUIT CLAIM
DEED THAT MAY BE RECORDED WITH THE COUNTY
CLERK OF DENTON COUNTY, TEXAS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City of The Colony has determined that the
following portions of a certain drainage easement,are no longer
needed and should be abandoned; and
WHEREAS, Centex Real Estate Corporation, the owner of
abutting property, desires that such easement be abandoned in
favor of it and in consideration of the sum of $1.00 (One
Dollar);
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. That the hereafter described portions of a
certain drainage easement within the limits of the City of The
Colony are no longer needed or necessary and should be abandoned
in favor of an abutting property owner, Centex Real Estate
Corporation. The portions of said easement being abandoned
herein are described as follows, to-wit:
(A) Being 168.670 acres of land in the R.P.
Hardin Survey, Abstract 611 and the D.C.
Bridges Survey, Abstract 84, Denton County,
Texas and being a called 59.839 acre tract of
land conveyed to Fox and Jacobs, Inc. by Deed
Recorded in Volume 1039, page 884, Deed
'Records, Denton County, Texas, and a part of
a called 118.725 acre tract of land conveyed
to Fox and Jacobs, Inc. by Deed recorded in
volume 965, Page 461, Deed Records Denton
County, Texas.
Section 2. The above described portions of a certain
easement be, and the same are hereby, abandoned in favor of
Centex Real Estate Corporation, the owner of abutting property,
for and in consideration of the sum of $1.00 , (One Dollar).
Section 3. That this abandonment .ordinance shall
constitute a quit claim deed in favor of Centex Real Estate
Corporation, the owner of abutting property , 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 portions of a certain drainage easement as such public
right, title and interest may exist in fee or by prescriptive
right, shall include all of the said public right, title 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 effect any of the remaining portions
hereof.
Section 6. This ordinance shall take effect immediately
upon its passage.
PASSED AND APPROVED~by the City Council of the City of The
Colony, Texas on the /~7~_~ day of ~~ , 1989.
Don A~ck, Ma~ '
'~ti X. ~i , City Secretary
City Attorney
voL2633
RELEASE OF EASEHEMT
THIS RELEASE OF EASEMENT, entered into by the City of The Colony, GRANTOR,
and CENTEX REAL ESTATE CORPORATION, GRANTEE(S), wherein GRANTOR in
consideration of One Dollar ($1.00) and other valuable consideration, receipt
of which is hereby acknowledged, does by these presents ABANDON, RELEASE,
RELINQUISH AND DISCLAIM to GRANTEE(S), all or a specific portion of a certain
drainage easement hereinafter described that affects land owned by GRANTEE(S)
situated in Denton County, Texas, and described as follows:
Being 168.670 acres of land in the R.P. Hardin Survey, Abstract
6]] and the D.C. Bridges Survey, Abstract 84, Denton County,
Texas and being a called 59.839 acres tract of land conveyed to
Fox and Jacobs, Inc. by Deed Recorded in Volume 1039, Page 884,
Deed Records, Denton County, Texas, and a part of a called
118.725 acre tract of land conveyed to Fox and Jacobs, Inc. by
Deed recorded in Volume 965, Page 461, Deed Records Denton
County, Texas.
Said land of GRANTEE(S) being subject to:
Being a 100' wide drainage easement recorded in Volume ]653, Page 370,
Denton County Deed Records.
The portion of said easement to be hereby released in described as follows:
See attached Exhibits A and B.
TO HAVE AND TO HOLD same, together with all rights and appurtenance to the
same belonging, unto GRANTEE(S), their heirs, successors and assignsL~'$°.rever'
"~¥~B, £OR RECORDING BY THE CITY OF THE COLONY this //~7~ day
~.,.~,.. o.:~ ~ CITY SECRETARY MAYOR
02691PW
EXHIBIT "A'
EASEHENT ABANDONHENT
0.1915 .ACRES OUT OF THE
D.C. BRIDGES SURVEY, ABSTRACT NO. 84
COMMENCING at the northwest corner of North Colony Blvd. (120~ R.O.W.) and the
southwest corner of a corner clip of Northpointe Drive as recorded in
Northpointe, Phase II a subdivision in the City of The Colony and recorded in
Cabinet H, Page 42 of the Denton County Deed Records.
THENCE along the north right-of-way of said North Colony Blvd., North 89° 02~
17" West, 114.17 feet to the POINT OF BEGINNING;
THENCE North 89° 02' 17" West, 48.47 feet to a point;
THENCE North 59° 18' 37" West, 146.86 feet to a point;
THENCE South 89° 48~ 37" East, 175.00 feet to a point;
THENCE South O0° 11' 23" West, 75.19 feet to the POINT OF BEGINNING and
containing 0.1915 acres (8343.9 square feet) of land, more or less.
02691PW
-' 2633 ~65
., ~ [. VOL rA[;E
0 25 75 I00 ~ . ~ ; :;
' '~ EASEMENT ABANDONMEN1
DANNENBAUM ENGINEERING CORPORATION
7950 ELMBROOK DRIVE SUITE 250