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HomeMy WebLinkAboutOrdinance No. 73ORDINANCE NO. AN ORDINANCE OF THE CITY OF THE COLONY,TEXAS, ABANDONING PORTIONS OF GRIFFIN ROAD (ALSO KNOWI4 AS CAMEY ROAD), AND FOURTH ARMY MEMORIAL ROAD IN FAVOR OF THE ABUTTING PROPERTY OWNER, IN- TERNATIONAL BUSINESS MACHINES CORPORATION FOR AND IN CONSIDERA- TION OF THE SUM OF $ �� a PROVIDING THAT SUCH ABANDON- MENT 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 FOR AN EFFECTIVE DATE. WHEREAS, the City of The Colony has determined that the following portions of Griffin Road (also known as Camey Road) and Fourth Army Memorial Road, both of which constitute streets and rights-of-way owned in fee or used by easement, are no longer needed for public purposes and should be abandoned; and WHEREAS, International Business Machines Corporation, the owner of the abutting property on either side of such streets, desires that such streets be abandoned in favor of it for and in consideration of the payment of the fair market value of the land and improvements therein contained as determined by an appraisal obtained by the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS: SECTION 1. That the hereafter described portions of Griffin Road (also known as Camey Road), and Fourth Army Memorial Road within the limits of the City of The Colony are no longer needed or necessary for public purposes as streets or rights-of-way and should be abandoned in favor of the abutting property owner, In- ternational Business Machines Corporation. The portions of said roads being abandoned herein are described as follows, to -wit: CAMEY ROAD OR GRIFFIN ROAD Being all of the right-of-way of a public road situated in the B.B.B. & C.R.R. Co. Surveys, Abstract Nos. 172 & 174, the William A. Bridges Survey, Abstract No. 112, and the R. P. Hardin Survey, Abstract No. 611 in Denton County, Texas, whose centerline is more particularly described as follows: BEGINNING at the point of intersection of the East line of Fuqua Road with the common abstract line of the B.B.B._& C.R.R. Co. Surveys, Abstract Nos. 172 & 174, said beginning point being in the center of the road commonly known as Camey Road or Griffin Road; THENCE South 890 44' 13" East along the center of said road a distance of &95.3-5 feet; 6j S. 1 THENCE in a Southerly direction continuing along the center of said road, with a curve to the right, said curve having a central angle of 65° 01' 17" and a radius of 200 feet, a distance of 226.97 feet; THENCE in a Southeasterly direction, con- tinuing along the center of said road, with a curve to,the left, said curve having a central angle of 651 07' 52" and a radius of 200 feet, a distance of 227.35 feet. THENCE South 890 50' 48" East, continuing along the center of said road, a distance of 3619.44 feet, to a point in the West R.O.W. line of the St. Louis and San Fran- cisco Railroad. Together with all of the right-of-way on either side of the center line of said road, a width of 40 feet more or less, but including all of said right-of-way regard- less of its width. THE FOURTH ARMY MEMORIAL ROAD Being all of the right-of-way of a public road situated in the William Bridges Survey, Abstract No. 112 and the R. P. Hardin Survey, Abstract No. 611 in Denton County, Texas whose centerline is more particularly described as follows: BEGINNING at the northeast corner of the said Bridges Survey; THENCE South 00 11'15" West, along the center of the public road commonly known as The Fourth Army Memorial Road and the common abstract line of the said Bridges and Hardin Surveys, a distance of 2,4 feet to a point in a turn in such a ;0* THENCE South 890 26' 32" East, continuing along the center of said road a distance of 1030.67 feet to a point in the West R.O.W. line of the St. Louis and San Fran- cisco Railroad. Together with all of the right-of-way on either side of the center line of said road, a width of 40 feet more or less, but including all of said right-of-way regard- less of its width. SECTION 2. That the above-described portions of Griffin Road (also known as Camey Road) and Fourth Army Memorial Road be, and the same are hereby, abandoned in favor of International Business Machines Corporation, the owner of the abutting property, for and in consideration of the sum of $ II ?�1 pp L , said amount being the fair market value of the land and improvements thereon as determined by an appraisal obtained by the City. SECTION 3. That this abandonment ordinance shall constitute a quit claim deed in favor of International Business Machines Corpor- ation, the owner of the abutting property on either side of the de- scribed portions of said roads, 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 Griffin Road (also known as Camey Road) and Fourth Army Memorial Road as such public right, title and interest may exist in fee or by prescriptive right, shall include all of the said public right, title and 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 from and after its passage and the publication of the caption, as the law and charter in such cases provide. THIS ORDINANCE WAS READ IN AN OPEN MEETING OF THE CITY COUNCIL OF THE CITY OF THE COLONY, TEXAS ON THE DAY OF 1979. THIS ORDINANCE WAS DULY PASSED ON SECOND READING ON THE DAY OF _ SQ 1}eer-, 1979. APPROVED: ATTEST: APPROVED AS TO LEGALITY OF FORM: n CITY ATTORNEY