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HomeMy WebLinkAboutOrdinance No. 675 CITY OF THE COLONY, TEXAS AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, VACATING AND ABANDONING A FIFTEEN FOOT (15') WIDE ALLEY RIGHT-OF-WAY LOCATED IN THE CITY OF THE COLONY, DENTON COUNTY, TEXAS; BEING A TRACT OF LAND CONTAINING 0.042 ACRES OF LAND AND BEING MORE FULLY DESCRIBED IN EXHIBIT "A"; DEDICATED AS AN ALLEY RIGHT-OF- WAY 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 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 righ~-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 in the City of The Colony, Denton County, Texas; being a 0.042 acre trac~ of land of the S.E. Hayes Survey, Abstract No. 648 and being a portion of The Colony No. 31, an addition ~o ~he City of The Colony, Denton County, Texas, according to the Recorded Plat thereof which is filed of record in Cabine~ B, page 253 of the Plat Records of Denton County, Texas; more fully described in Exhibit "A"; and WHEREAS, the City Council has found and concluded ~ha~ there is no curren~ 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. Ail of %he above premises are hereby found to be true and correc~ and are hereby approved and incorporated in~o ~he body of this ordinance as if copied in ~heir entirety~ Section 2. That the City does hereby vacate and abandon all of the rights, title and interest of the City ~nd the public in the alley located in ~he City of The Colony, Denton County, Texas, ~he same having been heretofore dedicated by the City of The Colony according ~o the Recorded Pla~ ~hereof recorded in Cabine~ B, page 253, of ~he Plat Records of Denton County, Texas.the said Alley being a 0.042 acre tract of land fifteen feet (15') in width, and more fully described in Exhibi~ "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 ~he Map and Plat Records and in ~he Deed Records of Denton County, Texas. Section 4. If any sec%ion, article, paragraph, sentence, clause, phrase or word in ~his 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 %he public heal,h, safety and welfare requires that this ordinance shall take effect immediately from and after its passage. PASSED AND APPR0~.q by the Ci~_ Council of the City of The Colony, Texas this .~ day'of /.~,~-~_~, 199i. I-Y n APPROVED AS TO FORM: City Attorney EXHIBIT "A" BEING a 0.042 acre tract of land located in the S.E. Hayes Survey, Abstract No. 648 in the City of The Colony, Denton County, Texas, and being a portion of Thc Colony No. 31, an addition to the City of The Colony as recorded in Cabinet B, Page 253 of the Plat Records of Denton County, Texas and being further described by metes and bounds as follows: COMMENCING at the southeast corner of the aforesaid Colony No. 31: THENCE S 89°52'50' W, 75.01 feet along the south llne of said Colony No. 31; THENCE N 00°0T10" W, 15.00 feet along the west line of Lot 11, said Colony No. 31 to the POINT OF BEGINNING, a 1/2 iach iron rod found; THENCE S 89°52'50" W, 45.00 feet to a 5/8 inch iron rod, set, in the south llne of Lot 12, said Colony No. 31, the be~nnlng of a non-tangent curve to the left, having a central angle of 90°00'00", a radius of 30.00 feet, and a chord bearing of N 44°52'50" E 42.43 feet; THENCE along said curve and the southeasterly line of said Lot 12 an arc length of 47.12 feet to a 5/8 inch iron rod, set, in the east line of said Lot 12; THENCE N 00°07'10" W, 80.00 feet along said east line to a 5/8 inch iron rod, set, the northeast corner of said Lot 12, and in the south right-of-way line of Chowning Circle; THENCE N 89°52'50" E, 15.00 feet along said south right-of-way line to a 5/8 inch iron rod, set, the northwest corner of the aforementioned LOt 11; THENCE S 00°0T10" E, 110.00 feet along the west line of said Lot 11 to the POINT OF BEGINNING and containing 1843 square feet, or 0.042 acres of land, more or less. The above described tract of land is retained as a permanent public utility easement. //i 90310401.D01 N 15.~0' THE k~. -~ 42.43 ~.O.B "'. ~'. ' :'.. , ' ~ '.~ . .:~ ..: '. ~ . . ' ~. · ' ? ~'~z' "' ' ' - - --