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Home My WebLink AboutOrdinance No. 09-1837 CITY OF THE COLONY, TEXAS ORDINANCE NO. 09-1837 AN ORDINANCE OF THE CITY OF THE COLONY, TEXAS, ABANDONING AN EXISTING APPROXIMATE 247 SQUARE FEET EASEMENT BEING LOT 19, BLOCK D OF THE RIDGEPOINTE PHASE 1-A, AN ADDITION TO THE CITY OF THE COLONY, DENTON COUNTY, TEXAS, RECORDED IN CABINET K, SLIDE 151 OF THE PLAT RECORDS OF DENTON COUNTY AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBITS "M AND DEPICTED IN EXHIBIT`S" WHICH ARE 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 Texas Department of Transportation (`TXDOT") has or will acquire certain easement for the widening of FM 423 (Main Street); and WHEREAS, the City has acquired an easement for a sound wall; and WHEREAS, the City Council of the City of The Colony desires to abandon part of an existing easement located in the Ridgepointe Phase 1-A, Lot 19, Block D, in the City of The Colony, Texas and more particularly described in Exhibit "A" and depicted in Exhibit "B," attached hereto and incorporated herein; and WHEREAS, after discussion and consideration, the City Council finds that the described Easement serves no public purpose and is no longer needed by the City; and WHEREAS, the City acquired easement by and through a dedication in the platting of Ridgepointe Phase I-A, an addition to the City of The Colony, Texas and recorded in Cabinet K, Slide 151 of the Plat Records of Denton County, Texas. WHEREAS, the City Council has determined that abandoning the Easement, as described in Exhibit "A" and as depicted in Exhibit "B", which are 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 247 square feet easement being Lot 19, Block D of the Ridgepointe 1 TM 40307.76.110309 Phase 1-A, an addition to the City of The Colony, Denton County, Texas, recorded in Cabinet K, Slide 151 of the Plat Records of Denton County, and being more particularly described in Exhibits "A" and depicted in Exhibit "B," which are attached hereto and incorporated herein, is no longer needed or necessary for public purposes and should be, and is hereby, abandoned 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 Easement, 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 17th day of November, 2009. APPROVED: o'L J McCO MAYOR ATTEST: TIE WILSON, CITY SECRETARY APPRO AS TO FORM: ROBERT E. H R, CITY ATTORNEY (REH/cdb) 2 TM 40307.76.110309 EXHIBIT "A" COUNTY: DENTON Page I of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CSJ: I567-02-030 Description for Parcel 72 Being a 247 square foot tract of land situated in the T. Wilson Survey, Abstract No. 1352, in the City of The Colony, Denton County, Texas and being a portion Lot 19, Block D, of Ridgepointe Phase 1-A, an addition to the City of The Colony, recorded in Cabinet K, Slide 151 of the Plat Records of Denton County, Texas conveyed to Diana K. Herndon and Elizabeth J. Bump, recorded in County Cleric's File No. 05-83438 of the Deed Records of Denton County, Texas. Said 247 square foot tract being more particularly described by metes and bounds as follows: COMMENCING at a 5/8 inch iron rod with an aluminum cap stamped "TxDOT" set** for the southeast comer a comer clip at the intersection of the north right-of-way line of Ridgepointe Drive (A variable width right-of-way), recorded in Cabinet K, Slide 151 of the Plat Records of Denton County, Texas, and the west right-of-way line of Farm to Market (F.M.) No. 423 (A variable width right-of-way), as conveyed to the State of Texas recorded in Volume 1108, Page 302 of the Deed Records of Denton County, Texas; THENCE North 21 Degrees 35 Minutes 57 Seconds East, along said comer clip, a distance of 69.63 feet to a 5/8 inch iron rod with an aluminum cap stamped "TxDOT" set** for the POINT OF BEGINNING, and the beginning of a non-tangent curve to the right; THENCE departing said corner clip, over and across said Herndon and Bump tract, the following courses and distances: (1) THENCE along said non tangent curve to the right, having a radius of 2,941.78 feet, a .delta angle of 00 degrees 20 minutes 19 Seconds, a long chord that bears North 03 Degrees 22 Minutes 55 Seconds East, a distance of 17.38 feet, and an arc distance of 17.38 feet to a point for the beginning of a reverse curve to the left; (2) THENCE along said reverse curve to the left, having a radius of 877.93 feet, a delta angle of 01 Degrees 50 Minutes 32 Seconds, a long chord that bears North 02 Degrees 37 Minutes 48 Seconds East, a distance of 28.23 feet, and an are distance of 28.23 feet to point for comer on the north line of said Herndon and Bump tract, and being on the south line of a 15 foot alley recorded in Cabinet K, Slide 151 of the Plat Records of Denton County, Texas; (3) THENCE North 84 Degrees 24 Minutes 34 Seconds East, along the north line of said Herndon and Bump tract, and the south line of said 15 foot alley, a distance of 5.12 feet to a point for the northeast corner of said Herndon and Bump, tract, said point being on the west right-of-way line of F.M. No. 423; ]EXHIBIT "A" COUNTY: DENTON Page 2 of 3 HIGHWAY: F.M. 423 February 20, 2008 ROW CSJ: 1567-02-030 Description for Parcel 72 THENCE along the east line of said Hemdon and Bump tract, and the west right-of-way line of F.M. No. 423, the following courses and distances: (4) THENCE South 06 Degrees 59 Minutes 58 Seconds East, a distance of 21.00 feet to a point for the north corner of said comer clip; (5) THENCE South 21 degrees 35 Minutes 57 Seconds West, along said corner clip, a distance of 27.11 feet to the POINT OF BEGINNING and containing 247 square feet of land, more or less. The Monument described and sef in this call, if destroyed during construction, may be replaced with a TxDOT Type 11 Right-of-Way Marker upon the completion of the highway construction project under the supervision of a Registered Professional Land Surveyor, either employed or retained by TxDOT. Basis of Bearings Is based on the Texas State Plane Coordinate System, NAD 83 (1993 Adj.) North Central Zane, all distances and coordinates shown are surface and may be converted to grid by dividing by TxDOT conversion factor of 1.000150630. A parcel plat of even date herewith accompanies this property description. . Ved .P.L.S. February 20, 2008 rstered Professional Land Surveyor , Texas Registration No. 4934 pF Carter Burgess Inc. Q~ 7950 Elmbrook Dr o Dallas, Texas 75429 214-638-0145 GARY S, VEDRO 4934o~yQ'!oc~ OF , SS$R ..~..1 U EXHIBIT "A" PAGE 3 OF 3 X\A T. WILSON SURVEY BSTRACT NO. 1352 .M LOT 8 - - I N84° 2A'34", UNA L Y; K SLIDE 151 UNABLE TO T 15' ALLEY -CAB. _ _ _ _..=.-:_~7iS ;X! i1 $ _ 1 Si~6° 59' S8 "E 877.93' big t y; 21.40 ' pt D m 01'50'32" L - 28. 23' H = N02*37' 48"E t oar gl, ~L T t C i W! >r ° . 1 Qao ti T 28.23' 247 f' F. m /YZI A, D. If, LIN£ ! 1 LAY t _ D 4'024' It g ; UNlzBL a 7 TO SE c 1 1 L 17.38' `YI ' r -z 52(1° 5'57.,w d CH N03° 22' 55 "E ~ 2 ; t 1 ' CITY OF 17.38' t THE....COLONY P 0. ' % k f / ..„q , l f-RI{B N and 10.1 t ;t iD I A A IC A J. Bump ti ELJZABE f ! / o - r i c. C. 05-83A38t ! ! 4Q.` ~ '~I`a / / r ? C. T. o Y'Y Mr r e.", ~w ovQ r t' r~•f._ P. a. Cyi' so" n. j I{t • Imo] •~Y•-• ~ ! - ^ 1P v. ~f~ W ` J~I.,._ 'EYt is4,~ f..M.. '+:tt'k•'n~.:l. :Y.N~- I , V A~ u . , ....~fi.. w:t•^+tnYrt.•.• ;..pl+ }•rt.+...,,1']'•~ilY ALL BEARINGS ARE ON THE TEXAS 5CATE PLANE COORDINATE SYSTEM, NAD. 83 (1983 odi.) NORTH CENTRAL ZONE, ALL DISTANCES AND COORDINATES SHOWN ARE SURFACE AND MAY BE CONVERTED TO GRID BY DIVIDING BY TxDOT CONVERSION FACTOR OF 1.000159630. LEGEND EXISTING T OF PROPERTY LINE WAY LINE A ORWHIC SCALE 01 O R1~ COUNTY LINE SD••,~ CONTROL OF ACCESS LINE iii--- 0' SURVEY LINE 'r GARY S. VEDRO FENCE LINE -----X x- A PLAT OF A SURVEY OF CITY LIMITS 247 S, F. TRACT OF LAND r'--0 4934 EASEMENTS - - RAILROAD IN THE T. WILSON SURVEY •~°0'k Sig`~`-•+.~ STRUCTURE x-- ABSTRACT NUMBER 1352 StJFt 0- TXDOT ALUMINUM DESK SET ON TOP OF A 5/b-[NCH AND BEING PART OF LOT 19 BLOCK D IRON ROD UNLESS OTHERWISE NOTED OF THE RIDGEPOINTE PHASE I -A ADDITI x+ the Mment described and set In thla call, if destroyed d urltV CITY OF THE COLONY GonstructtoR, m1Iqayy be replaced with o IxDot Type t[ Right of Noy DENTON COUNTY, TEXAS uarker upon map etion of the highway omfruoflon project molder the aupervis]on a€ o Registered Professloral end Sur"yor, t L nESCRrp .ii EVEN sr~rvEY DATE NERElYT r1 either employed a retained by ixDot. ACCdIPANtE$ rNis ALAr. 't` S 157-Cf~-t1:it3