HomeMy WebLinkAboutOrdinance No. 09-1811
CITY OF THE COLONY, TEXAS
ORDINANCE NO. 09-1811
AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS,
ABANDONING AND RELEASING THE EXISTING TEMPORARY
CONSTRUCTION EASEMENTS IN LOT 13, BLOCK C, STEWART
PENINSULA, SOUTHSHORE PHASE I, PART OF THE BBB & CRR
SURVEY, ABSTRACT A-978 IN THE CITY OF THE COLONY,
DENTON COUNTY, TEXAS, AND BEING MORE PARTICULARLY
DESCRIBED AND DEPICTED IN EXHIBIT "A", WHICH IS
ATTACHED HERETO AND INCORPORATED HEREIN;
PROVIDING THAT SAID ORDINANCE SHALL CONSTITUTE A
QUITCLAIM DEED THAT MAY BE RECORDED WITH THE
COUNTY CLERK OF DENTON COUNTY TEXAS; AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of The Colony desires to abandon and release the
existing temporary construction easements in Lot 13, Block C, Stewart Peninsula, Southshore Phase
I, Part of the BBB & CRR Survey, Abstract A-978 in the City of The Colony, Texas, as filed in
Deed Records of Denton County, Texas as Instrument No. 2008-90657, and more particularly
described and depicted in Exhibit "A", attached hereto and incorporated herein; and
WHEREAS, after discussion and consideration, the City Council finds that the described
temporary construction easements no longer serve any public purpose and are no longer needed by
the City; and
WHEREAS, the City Council has determined that abandoning and releasing the temporary
construction easements, as described and depicted in Exhibit "A", which is attached hereto and
incorporated herein by reference, would be in the best interest of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the City Council of the City of The Colony, Texas finds and has
determined that the existing temporary construction easements in Lot 13, Block C, Stewart
Peninsula, Southshore Phase I, Part of the BBB & CRR Survey, Abstract A-978, and being more
particularly described and depicted in Exhibit "A", which is attached hereto and incorporated
1 TM 37419.76.000
herein, are no longer needed or necessary for public purposes and should be, and are hereby,
abandoned and released by the City of The Colony in favor of the property owner.
SECTION 2. That the passage of this ordinance shall constitute acceptance in favor of the
property owner of the property, and a certified copy of the same may be filed in the Deed Records
of Denton County, Texas, to indicate such abandonment.
SECTION 3. That upon acceptance and passage a Quitclaim of this Ordinance shall be
and constitute Deed.
SECTION 4. That the abandonment provided for herein shall extend only to the public
right, title and interest which the City of The Colony, Texas, may have in and to said Right-of-way,
and shall be construed to extend only to such interests that the governing body of the City of The
Colony, Texas, may legally and lawfully abandon.
SECTION 5. That this ordinance shall take effect immediately from and after its passage
as the law and charter in such cases provide.
DULY PASSED by the City Council of the City of The Colony, Texas, this the 6t1, day of
July, 2009.
APPROVED:
l'G
JO McCO , M YOR
AT S
C STIE WILSON, Y SECRETARY
APPRO AS TO FORM:
r
ROBERT E. HAGS CITY ATTORNEY .
(REH/cdb 06/0 009)
2 TM 37419.76.000
TEMIVRARY CONSTRUCTION EASEMENT , EXHIBIT A
BEING a 162 square-foot tract of land situated in the BBB&CRR Survey, Abstract No. 978, City of The Colony, Denton County,
Texas and being part of Lot 13, Block C, Stewart Peninsula, Southshore Phase 1 an addition to the City of The Colony, Denton
County Texas according to the plat thereof recorded in Cabinet K, at Page 339 of the Plat Records of Denton County, Texas, said
tract being more particularly described as follows;
COMMENCING at a 1/2-inch steel rod found at the most westerly comer of said Lot 13, and the most southerly southeast corner
of Lot 14, Block C of said Stewart Peninsula, Southshore Phase I, said point being in the northeast right-of-way line of a cul
d'soc of Heron Cove Lane (a 50-foot radius), having coordinates of N. 7,082,431.02 feet, E. 2,456,339.23
feet;
THENCE North 19'30'00" East departing said right-of-way line and with the common line of said Lots 13 and 14, for a distance
of 37.33 feet to the most northerly northwest corner of said Lot 13;
THENCE North 8842'55" East with the north line of said Lot 13, for a distance of 176.85 feet to the northeast corner of said Lot
13;
THENCE South 00'48'30" East with the east line of said Lot f for a distance of 37.50 feet to the POINT OF BEGINNING, having
coordinates of N. 7,082,432.66 feet, E. 2,456,528.99 feet;
THENCE South 4532'09" West for a distance of 21.07 feet to a point on the northeast line of an existing drainage easement
according to the aforementioned plat of Stewart Peninsula, Southshore Phase I;
THENCE westerly with said northeast line of an existing drainage easement the following two courses and distances;
(1) North 76'17'05" West for a distance of 3.86 feet;
(2) North 47'12'35" West for a distance of 5.39 feet;
THENCE North 4556'54" East departing said northeast line of an existing drainage easement for a distance of 15.51 feet;
THENCE South 87'02'08" East for a distance of 11.60 feet to the POINT OF BEGINNING;
CONTAINING 162 Square Feet of land
TEMPORARY CONSTRUCTION EASEMENT 2
BEING a 179 square-foot tract of land situated in the BBB&CRR Survey, Abstract No. 978, City of The Colony, Denton County,
Texas and being part of Lot 13, Block C. Stewart Peninsula, Southshore Phase I an addition to the City of The Colony, Denton
County Texas according to the plat thereof recorded in Cabinet K, at Page 339 of the Plat Records of Denton County, Texas, said
tract being more particularly described as follows;
COMMENCING at a 1/2-inch steel rod found at the most westerly corner of said Lot 13, and the most southerly southeast corner
of Lot 14, Block C of said Stewart Peninsula, Southshore Phase I, said point being in the northeast right-of-way line of a cul
d'soc of Heron Cove Lane (a 50-foot radius), having coordinates of N. 7,082,431:02 feet, E. 2,456,339.23 feet;
THENCE North 19'30'00" East departing said right-of-way line and with the common line of said Lots 13 and 14, for a distance
of 37.33 feet to the most northerly northwest corner of said Lot 13;
THENCE North 88°42'55" East with the north line of said Lot 13, for a distance of 176.85 feet to the northeast corner of said Lot
13;
THENCE South 00'48'30" East with the east line of said Lot 1 for a distance of 105.00 feet to a point being the interse ion of
said east line with a southwest line of an existing drainage easement according to the aforementioned plat of Stewart P ,nu 10,
Southshore Phase I and being the POINT OF BEGINNING having coordinates of N. 7,082,365.19 feet, E. 2,456,529.95 t;
THENCE North 57'16'05" West departing said east line for a distance of 43.81 feet;
THENCE North 44'03'06" West for a distance of 15.00 feet;
THENCE North 45'56'54" East for a distance of 12.78 feet to a point in said southwest line of O
the existing drainage easement;
THENCE South 4717'22" East with said southwest line of the existing drainage easement for a wAYN.. C. TERRY
distance of 8.82 feet; ° 4184
THENCE South 45'31'39" East departing said southwest line of the existing drainage easement fora ti0 FfS S \ 0.. ~0
distance of 11.93 feet; S U• v~
THENCE South 54'07'31" East for a distance of 49.53 feet f~
to the POINT OF BEGINNING; s eet 2 of 2
An exhibit of even date accompanies this description. TWO TEMP. CONST. ESMTS.
CONTAINING 179 Square Feet of land.
Coordinates and bearings shown hereon are based on the North Central March Zoos Project No.: 1609-06
Zone of the Texas Coordinate System of 1983, established from USGS p L -TA
Control Point "POE", (N. 7,105,663.11 feet, E. 2,459,494.69 feet).
1
The tie to the published control monument was made using GPS single 90M • LAND KANMN • LAND VJWEYM
frequency surveying methods. The convergence angle at the control
monument is +0 degree 52 minutes 08 seconds. All distances are reported i1AN SIFEEI MLAS 75M
4101-101
as horizontal surface measurements with a combined factor of 0.99985245. Td
WM Om the Web at vvwjdftm
EXHIBIT A
TWO TEMPORARY CONSTRUCTION EASEMENTS
LOT 139 BLOCK C
STEWART PENINSULA, SOUTHSHORE PH. I
PART OF THE BBB & CRR SURVEY, A-978
CITY OF THE COLONY, DENTON COUNTY, TEXAS
N 88142'550 E 176.85'
- - EX. 20' DRAINAGE EASE. \
CAB K. PG. 339 P.O.B. N O
LOT 14 7RACT I (162 sf) o
N. 7,082,432.66
..L \ \ E. 2,456,528.99
?inch SRF \ \ \
(CM)
P.O.C. LAJ
TRACTS 1&2
\ \
N. 7,082,431.02 \ \ T¢ R
E. 2,456,339.23 ~
HERON LOT 1`
t {--5' UTIL. EASE. ~
~
is 0 V CAB K. PG. 339
LANE
P.O.B. `t
TRACT 2(179 sf) N S A (3 CS
N. 7,082,365.19 to ~ O Q. CL
j \ E. 2,456,529.95
BLOCK C
STEWART PENINSULA l \ W
CONVERGENCE ANGLE SOUTHSHORE PHASE I
01.52' os" (CAB K, Pty. 339)~
LOT 12 IN,
G
3-1 /2-inch
O 5' 50' 100' ALUMINUM
LINE TABLE DISK FND.
GRAPHIC SCALE /N FEET T1 N 1930100" E 37.33'
SCALE.• 1 50' T2 S 00 48'30" E 37.50'
T3 S 4532'09"W 21.07 E OF
T
T4 N 7677'05"W 3.86 S T
T5 N 4772'35"W 5.39 # Fa -
T6 N 455654"E 15.51 • •
SRF = steel rod found AYNE C. TERRY
C.M. = Controling Monument T7 S 877)2'080E 11.60
D.R.D.C.T. = Deed Records Denton County, Texas T8 N 5776'05"W 43.81 0 41844
A description of even date accom anies this 79 N 44 03,06W 15.00
exhibit.
p T10 N 455654E 12.78 SS RvE
T11 S 4772'350E 8.82
Coordinates and bearings shown hereon are based T12 S 4531'39"E 11.93 on
00
on the North Central Zone of the Texas Coordinate T13 S 54107'310E 49.53
System of 1983, established from USGS Control st,eat 1 or 2
Point "POE (N. 7,105,663.11. E. 2,459,494.69). TWO TEM. CONST. EBUTS.
March 2008 Project No..- 1609-06
The tie to the published control monument was - DELTA
made using GPS single frequency surveying
methods. The convergence angle at the control e am, Nc.
monument is +0 degree 52 minutes 08 seconds.
All distances are reported as horizontal surface EMGI$ I.MD PLAMrBiS LAlD 3l~iYEYORS
measurements with a combined factor of W MAI! SIRMI 8A(LAIA 7DlAS 75M
0.99985245. Td 102141141-61181 On the Web @ rnwAftem