HomeMy WebLinkAboutOrdinance No. 700'¥m. 3 021 ! 0
CITY OF THE COLONY, TEXAS 35013
ORDINANCE NO. 7~
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS7
VACATING AND ABANDONING AN ACCESS EASEMENT
LOCATED IN THE CITY OF THE COLONY7 DENTON
COUNTY~ TEXAS' BEING A TRACT OF LAND
CONTAINING 0.]64 ACRES OF LAND AND BEING MORE
FULLY DESCRIBED IN EXHIBIT "A" DEDICATED AS AN
ACCESS EASEMENT AND BEING A PORTION OF THE
COLONY NO. 31 ~ AN ADDITION TO THE CITY OF THE
COLONY~ DENTON TEXAS~ AS 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 easement (the "Easement") has heretofore been
dedicated by the City of The Colony, Texas; and
WHEREAS~ the Easement is located in the City of The Colony,
Denton County, Texas' being a 0.]64 acre tract of land of the S.E.
Hayes Survey, Abstract No. 6487 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, which is filed of record in Cabinet
B, page 253 of the Plat Records of Denton County, Texas; and being
more fully described in Exhibit "A"; and
WHEREAS, the City Council bas found and concluded that there
is no current or projected future need for said easement.
NOW~ THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
Section ]. 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 Easement located in the City of The Colony7 Denton County,
Texas7 the same having been heretofore dedicated by the City of The
Colony, according to the recorded plat which is filed of record in
the Plat Records of Denton County7 Texas~ Cabinet B, Page 2537 the
said Easement being a 0.164 acre tract of land and being 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.
VOL 3 0 2 I PGO 3 I I
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 a fully executed Hold Harmless Agreement
as required by Section 3 has been filed with the City Manager.
PASSED AND APPROVED by the Cit~-~ounci~ of the City of The
Colony, Texas this /~ day of~ 'x..~_.~.~_~ , |99_~1.
· Iiam W. Manning, ~a~
ATTEST:
~~..~i~;, City Secretary
~i,ty Attorne~
ACCESS EASEMENT LEOAL DF~CRIPTION
Being a 0.164 acre tract of land located itl the S. E. l-laym Su~ey, Abstract No. ~8, in die City of
Thc Colony, Denton ~unty, ~as, and being a portion of~e ~lony No. 31, an addition to the
City of 'ilia Colony ~ r~rded in Cabinet B, Page ~3 of the Plat Re~rds of Denton County, T~as,
and also being a portion of ~)t 1, Block I of Food Lion Addition to thc City ofq~c Colony, Denton
C u [y, I cxaa I s rccolded Cabinet Il, I ngc 319 of thc P at l[ecords of Denton County, 'l'~as and
being further d~cribed by me[~ and bounds as follows: ~
COMM~CINO at a 5~" iron pin found at the nortbw~t ~rner of ~t 1, Block 1, of Food Lion
Addition to tile City of Thc Colony as recorded in Cabinet H, Page 319 of tile Plat Records of
Denton County, Texas, said point also being thc intersection of thc enM right-of-way llnc of F.M. 423
I
( iA} R.O.W.) and tl ~ south r~g ~ -of-way llnc of CbownJng Circle (50' R.O.W.); THENCE
S000710 ~ lo gs dcls f~gh-o-waylJucofl:.M. 423, 73.821~c{ Iotbc POINT OF BEGIN.
NlNO of thc herein d~cribcd tract;
TIIENCE N 8~52'50" E, 81.50 feet to a point;
THENCE S ~°07'10" E, 87.65 feet to a l~int in the noHb line of ~t 2, Block 1 of said Food Lion
Addition;
TilENCE S 8~052'50" W wiLh the north line of said ~t 2, Block 1, 81.50 feet Lo a point in the said
cast Hgbt-of-way llae of F.M. 423;
TIIENCE N ~°07 10" W nlo--" "
, ,~ t~le snlu east rlghL-of-way llne of F.M. 423, 87.66 fcct to thc POINT
Of BEG1NNINO and contaJnil~g 71~4 square feet, or 0.164 acres of land.