HomeMy WebLinkAboutOrdinance No. 00-1224 ORIGINAL
CITY OF THE COLONY, TEXAS
ORDINANCE NO. Oo-
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, REPEALNG
SECTION 3 OF ORDINANCE NO. 357 INSOFAR AS IT PERTAINS TO
TRACTS WHICH WERE DISANNEXED BY THE CITY PURSUANT TO
ORDINANCE NO. 944; PROVIDING A SEVERABILITY CLAUSE;
PROVIDING A SAVINGS CLAUSE; PROVIDING FOR ENGROSSMENT
AND ENROLLMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of the Colony, (the "City") Texas, by Ordinance No. 944,
disannexed a certain 7.684 acre tract of land (the "tract"); and
WHEREAS, the tract was burdened by restrictive covenants incorporated into City
Ordinance No. 357; and
WHEREAS, the tract is no longer within the corporate limits of the City; and
WHEREAS, the City desires to release the tract from the restrictive covenants
incorporated into Ordinance No. 357.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF THE COLONY, TEXAS:
Section 1. Repealer. That Ordinance No. 357, Section 3, is hereby repealed only as it
affects the tract legally described in Exhibit "A", which is attached hereto and incorporated
herein.
Section 2. Savings. That this Ordinance does not affect any property which remains
within the corporate limits of the City and for those purposes Ordinance No. 357 remains in full
force and effect.
Section 3. Severability. The sections, paragraphs, sentences, phrases, clauses and words
of this Ordinance are severable, and if any section, paragraph, sentence, phrase, clause or word in
this Ordinance or application thereof to any person or circumstance is held invalid or
unconstitutional by a Court of competent jurisdiction, such holding shall not affect the validity of
the remaining portions of this Ordinance,-and the City Council hereby declares that it would have
passed such remaining portions of this Ordinance despite such invalidity, which remaining
portions shall remain in full force and effect.
Section 4. Enerossment and Enrollment. The City Secretary of the City of The Colony
is hereby directed to engross and enroll this Ordinance by copying the Caption Clause and
Effective Date Clause in the minutes of the City Council and by filing this Ordinance in the
ordinance records of the City.
Section 5. Effective Date. This Ordinance shall take effect immediately from and after
its passage and approval, and it is so ordained.
P:X.DOC~release of covenants.rtf
William Manning, Mayor
ATTEST:
ity Secretary
C~t°mey y~
P:xDOCXrelease of covenants.rtf
EXHIBIT "A"
FIELD NOTE DESCRIPTION
'BEING A 7.569 ACRE TRACT OF LAND SITUATED IN THE H. HEDGECOX SURVEY,
ABSTRACT NO. 533, DENTON COUNTY, TEXAS AND BEING A PART OF THAT CERTAIN
TRACT OF LAND DESCRIBED AS TRACT II IN DEED TO CENTEX DEVELOPMENT COMPANY,
LP., A DELAWARE LIMITED PARTNERSHIP AS RECORDED IN VOLUME 2375, PAGE 688 AND
CORRECTED IN VOLUME 2418, RAGE 201 OF THE DEED RECORDS OF DENTON COUNTY,
TEXAS (DRDC'r'), SAID 7.569 ACRE TRACT BEING MORE PARTICULARLY DESCRIBED AS
FOLLOWS: ·
BEGINNING AT A 5/8" IRON ROD CAPISED "CARTER & BURGESS" FOUND FOR THE MOST
SOUTHERLY SOUTHVVEST CORNER OF A TRACT OF LAND DESCRIBED IN DEED TO 121-
RIDGEPOINTE, LTD. AS RECORDED UNDER COUNTY CLERKS FILE NUMBER 96-R0031927
OF THE REAL PROPERTY RECORDS OF DENTON COUNTY, TEXAS (RPRDOT);
THENCE ALONG AND WITH THE SOUTH LINE OF SAID 121-RIDGEPOINTE, LTD. TRACT, THE
FOLLOWING COURSES:
N 84°57'20" E, A DISTANCE OF 216.33 FEET TO A 5/8" IRON ROD CAPPED "CARTER
& BURGESS" SET FOR CORNER;
N 84°57'33'' E, A DISTANCE OF 78.15 FEET TO A 5/8" IRON ROD CAPPED "CARTER
& BURGESS" SET FOR CORNER;
N 71 °'19'19" E, A DISTANCE OF 203.18 FEET TO A 5/8" IRON ROD CAPPED "CARTER
& BURGESS" SET FOR CORNER;
THENCE LEAVING THE SOUTH LINE OF SAID 121-RIDGEPOINTE, LTD TRACT, OVER AND
ACROSS THE SAID CENTEX TRACT, THE FOI~LOWING COURSES:
S 07°41'14" E, A DISTANCE OF 44.14 FEET TO A 5/8" IRON ROD CAPPED "CARTER
& BURGESS" SET FOR CORNER;
SOUTHWESTERLY, ALONG A CURVE TO THE RIGHT HAVING A RADIUS OF 500.00
FEET, A DELTA ANGLE OF 34°44'49'', A LONG CHORD THAT BEARS S 09°41'11" W,
A DISTANCE OF 298.60 FEET, AN ARC DISTANCE OF 303.23 FEET TO.A 5/8" IRON
ROD CAPPED "CARTER & BURGESS" SET FOR CORNER;
S 27°03'3'7" W, A DISTANCE OF 851.01 FEET TO A 5/8" IRON ROD CAPPED "CARTER
& BURGESS" SET FOR CORNER;
Page 1 ~3 Al;HI 2. 1998
SOUTHWESTERLY, ALONG A CURVE TO THE LEFT HAVING A RADIUS OF 560.00
FEET, A DELTA ANGLE OF 26"44'35", A LONG CHORD THAT BEARS S 13°41'20" W,
A DISTANCE OF 259.02 FEET, AN ARC DISTANCE OF 261.38 FEET TO A 5/8" IRON
ROD CAPPED "CARTER & BURGESS" SET FOR CORNER IN THE COMMON LINE
BETWEEN THE CITY OF LEWISVILLE, TEXAS AND THE CITY OF THE COLONY,
TEXAS;
N 00°19'02'' E, ALONG AND WITH THE COMMON CITY LIMIT LINE, A DISTANCE OF
1256.66 FEET TO THE POINT OF BEGINNING AND CONTAINING 7.569 ACRES OF
LAND, MORE OR LESS.
BASIS OF BEARING: THE soUTH LINE OF THE DEED TO 121-RIDGEPOINTE, LTD. AS
RECORDED UNDER COUNTY CLERK FILE NUMBER 96-
R0031927 OF THE REAL PROPERTY RECORDS OF DENTON
COUNTY, TEXAS.
DATE SURVEYED: 2-19-97
202LDOI31.FNS
P~e2~3 AI~I~I~
~ EXHIBIT "B" -
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~ ~ . L:-30~.23 ! O.R.O.C.T. SURVE'~'[D: 2-19-97'
"' T=156.44. /
~ ~ CEI=$ 09'4.1'11' W // NOTE:
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