HomeMy WebLinkAboutOrdinance No. 37ORDINANCE NO.
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ABANDON-
ING A PORTION OF STEWART CREEK ROAD IN FAVOR OF THE ABUTTING
PROPERTY OWNER, FOX & JACOBS, INC; PROVIDING THAT SUCH ABANDON-
MENT SHALL BE THE INTEREST WHICH THE CITY MAY LEGALLY AND LAW-
FULLY 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 Creek Road is no longer needed for
public purposes; and,
WHEREAS, Fox & Jacobs, Inc., the owner of the abutting
property, desires that said alley be abandoned in favor of it;
NOW, THEREFORE,
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS:
SECTION 1. That the hereinafter described portion of
Stewart Creek Road within the limits of The City of the Colony
is no longer needed or necessary for public purposes and should
be abandoned in favor of the abutting property owner, Fox &
Jacobs, Inc. The portion of Stewart Creek Road being abandoned
herein is described as follows, to -wit:
BEING situated in the R. P. Hardin Survey, Abstract
No. 611; the Samuel Hayes Survey, Abstract No. 648;
the B.B.B. & C.R.R. Co. Survey, Abstract No. 194
and the B.B.B. & C.R.R. Co. Survey, Abstract No.
172 in Denton County, Texas and being more particu-
larly described as follows:
BEGINNING at a point in the center of Stewart Creek
Road that is a point in the east line of The Colony
No. 16 as recorded in Volume 16, Page 5 of the Deed
Records of Denton County, Texas, and said point
being S 89° 58' 30" E, a distance of 431.24 ft.
from the west R.O.W. line of F.M. Road No. 423 and
said beginning point also being in the common ab-
stract line of the R. P. Hardin Survey, Abstract
No. 611 and the Samuel Hayes Survey, Abstract No.
648 and said Stewart Creek Road is a 40 ft. wide
road, 20 ft. either side of the following described
center line;
THENCE S 890 58' 30" E, a distance of 2766.17 ft.;
THENCE N 890 55' E a distance of 1804.0 ft.;
THENCE S 650 45' E, a distance of 398.83 ft.;
THENCE N 880 44' 59" E a distance of 162.62 ft. to
the end;
THENCE FROM SAID ENDING POINT S 890 54' 07" E a
distance of 130.59 ft. and S 0° 05' 53" W a distance
of 36.92 ft. to the intersection of the south R.O.W.
line of North Colony Blvd. (100 ft. R.O.W.) with
the east R.O.W. line of Paige Road (100 ft. R.O.W.)
as recorded in The Colony No. 14 Phase A in Volume
15, Page 37 of the Deed Records of Denton County,
Texas.
SECTION 2. That the above described portion of Stewart
Creek Road be, and the same is hereby abandoned in favor of
Fox & Jacobs, Inc., the owner of the abutting property.
SECTION 3. That this abandonment ordinance shall con-
stitute a quitclaim deed in favor of Fox & Jacobs, Inc., the
owner of the 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 portion of Stewart Creek Road, and shall be con-
strued to extend only to the interest that the governing body of
the City of The Colony may legally and lawfully abandon.
SECTION 5. The fact that the above described portion of
Stewart Creek Road is no longer needed or necessary for public
purposes, and that such portion of Stewart Creek Road should be
abandoned in favor of the abutting property owner, creates an
urgency and an emergency in the preservation of the public
healty, safety and welfare, and requires that this ordinance
shall take effect immediately from and after its passage, as
the law in such cases provides, and it is accordingly so ordained.
DULY PASSED by the City Council of the City of The
Colony, Texas, on the 15 day of AUGUST 1978.
APPROVED:
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AP VED AS TO FO 1: ATTEST:
CITY ATTORNEY CITY SECRETARY