HomeMy WebLinkAboutOrdinance No. 2010-1852CITY OF THE COLONY, TEXAS
ORDINANCE NO. C 10 - a 5
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, ABANDONING, VACATING, AND CLOSING A
PUBLIC ALLEY KNOWN AS BEDFORD ALLEY, LOCATED IN R.P.
HARDIN SURVEY, ABSTRACT NO. 611, AND THE B.B.B. & C.R.R.
SURVEY, ABSTRACT NO. 172, LOCATED WITHIN THE CITY OF THE
COLONY, DENTON COUNTY, TEXAS; PROVIDING FOR THE
RETENTION OF A UTILITY AND DRAINAGE EASEMENT; PROVIDING
FOR A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE;
PROVIDING A REPEALER CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City of The Colony, Texas, is a Texas home -rule municipality; and
WHEREAS, Section 311.001(a) of the Texas Transportation Code generally provides that
a home -rule municipality has exclusive control over and under the public highways, streets, and
alleys of the municipality; and
WHEREAS, Section 311.007 of the Texas Transportation Code provides the authority for
a home -rule municipality to vacate, abandon or close a street or alley within the municipality; and
WHEREAS, on February 16, 2010, the City Council of the City of The Colony, Texas,
conducted a public hearing on the closure of certain portions of Bedford Alley, located within the
City of The Colony, Texas; and
WHEREAS, the City Council has determined and finds it is in the public interest that the
heretofore described portion of Bedford Alley, as described in Exhibit A, and as depicted in Exhibit
B, which is attached hereto and incorporated herein for all purposes, should be abandoned as a
public alley, but that a utility and drainage easement is retained by the City for utility, storm
drainage and public access purposes.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF THE COLONY, TEXAS:
SECTION 1. That the legislative findings set forth above are incorporated into the body of
this Ordinance as if fully set forth herein.
SECTION 2. That the implied, dedicated right-of-way for a public alley identified as
Bedford Alley, generally consisting of 1,997 square feet or 0.046 acre of land located within the
R.P. Hardin Survey Abstract No. 611, and the B.B.B. & C.R.R. Survey, Abstract No. 172, City of
The Colony, Denton County, Texas, more particularly described in Exhibit A and depicted on
Exhibit B of this Ordinance, which is attached hereto and incorporated herein for all purposes, is
hereby abandoned, vacated, and closed as a public alley, but that the property be retained by the
City as a utility and drainage easement for utility, storm drainage and public access purposes.
SECTION 3. That if any section, article paragraph, sentence, clause, phrase or word in this
ordinance, or application thereto any persons or circumstances 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 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. That all provisions of the Ordinances of the City of The Colony, Texas, in
conflict with the provisions of this ordinance be, and the same are hereby amended, repealed, and all
other provisions of the Ordinances of the City not in conflict with the provisions of this ordinance
shall remain in full force and effect.
SECTION 5. That this Ordinance shall become effective from and after its date of passage
in accordance with law.
PASSED AND APPROVED THE CITY COUNCIL OF THE CITY OF THE
COLONY, TEXAS, THIS THE day of 2010.
ATTEST:
�rmstie Wilson, City Secretary
APPROVED AS TO FORM:
fly
Jeff Moore; City Attorney
Mayor
u�'rA �✓• ri"�k
R,„4` Is.b yti �t
Page 2
Exhibit A
Alley Abandonment Legal Description
Page 3
Min
EXHIBIT "A"
LEGAL DESCRIPTION
ALLEY ABANDONMENT AREA
BEING 0.046 acre of land located in the R. P_ HARDIN SURVEY, ABSTRACT
NO. 611, and the B.B.B. & C.R.R. SURVEY, ABSTRACT NO. 172, The Colony,
Denton County, Texas, and being a portion of the tract of land conveyed to The
City of The Colony by the deed recorded in Volume 1121, Page 992, of the Deed
Records of Denton County, Texas, and the Northern portion of a tract of land
dedicated as an alley between Block A and Block F Legend Crest, Phase 11, an
addition to the City of The Colony, Denton County, Texas, according to the plat
recorded in Cabinet R, Slide 151 of the Plat Records of Denton County, Texas.
Said 0-046 acre of land being more particularly described by metes and bounds
as follows:
BEGINNING at a point at the Southwest corner of the aforesaid City of The
Colony Tract recorded in Volume 1121, Page 992, and said POINT OF
BEGINNING also being the Southeast corner of Lot 1, Block 70, The Colony No.
11, an addition to the City of The Colony, Denton County, Texas, according to
the plat recorded in Cabinet J. Slide 364 of the Plat Records of Denton County,
Texas, and said POINT OF BEGINNING also being located S 00" 27' 30' E
124.87 feet. THENCE N 89' 30' 56" E 52.52 feet, from a 112" iron rod found
marking the Northwest corner of said Lot 1, Block 70, The Colony No. 11
addition;
THENCE N 15" 02` 56- E 21.73 feet, along the East boundary line of said
Lot 1 and the West boundary line of said City of The Colony Tract, to a
point-,
THENCE N 89' 38'41" E 51.05 feet, severing said City of The Colony
Tract, to a point in the East boundary line of said City of The Colony Tract,
and the Northwest corner of the Western end, and terminus of the 20 -foot -
wide alley shown on the re -plat of Block 162 of The Colony No. 22, an
addition to the City of The Colony, Denton County, Texas, according to
the plat recorded in Cabinet B, Slide 255 of the Plat Records of Denton
County, Texas;
THENCE S 15� 10'41" W 20.76 feet, along the West end of said 20 -foot -
wide alley and the East boundary line of said City of The Colony Tract,
to a 1/2' iron rod marked "Brittain & Crawford", set at the Southeast corner
of City of The Colony Tract, and the Southwest corner of the Western
end, and terminus of said 20 -foot -wide alley, lying in the North boundary
line of the area dedicated as an alley North of Lot 1, Block G on the
plat of Legend Crest, Phase 11, an addition to the City of The Colony,
Denton County, Texas, according to the plat recorded in Cabinet R, Slide
161 of the Plat Records of Denton County, Texas-,
Page 4
THENCE N 890 38' 41" E 11.65 feet, along the South boundary line of
the aforesaid 20 -foot -wide alley in Block 162 of The Colony No. 22, and
the North boundary line of the alley dedicated on the plat of Legend Crest,
Phase II Addition, to a X," iron rod marked "Brittain & Crawford", set;
THENCE S 14' 51'49" VV 52.72 feet, crossing said Legend Crest alley to
a point in the East boundary line of aforesaid Lot 1, Block G, Legend
Crest, Phase il;
THENCE along the North boundary line of said Lot 1, Block G, as follows:
1. NORTHWESTERLY 37.10 feet, along a cine to the left, having a
radius of 40.00 feet, a central angle of 53°08'05` and a chord bearing
N 11' 42' 05" W 35.78 feet, to a point at the end of said curve, and the
beginning of another curve to the left;
2. NORTHWESTERLY 1931 feet, along said curve to the left, having
a radius of 15.00 feet, a central angle of 73'44'23', and a chord
bearing N 75` 08' 11" W 18.40 feet, to a point at the end of said curve
and the beyinning of anuther curve to the left,
SOUTHWESTERLY 37.10 feet, along said curve to the left, having
a radius of 40,00 feet, a central angle of 53'08'05', and a chord
bearing S 410 25'44" W 35.78 feet, to a point;
THENCE N 14` 51' 49" E 38.34 feet, severing said dedicated alley by
Legend Crest, Phase ll, to a '/2" iron rod marked `Brittain & Crawford", set
in the North boundary line of said Legend Crest Addition, being the South
boundary tine of the aforesaid City of The Colony Tract;
THENCE S 88'. 35' 02" W 10.89 feet, along the North boundary line of
said dedicated alley and the South boundary line of said City of The
Colony Tract, to the POINT OF BEGINNING containing 0.046 acre (1,997
square feet) of land,
G 2019kLEGAi5%C1TY OF THE COLONY -ALLEY VACATION
Page 5
Exhibit B
Alley Abandonment Depiction
Page 6
NQ2 W
U. 9
%
CAE4 BLOCK A"
LLGLND CPES-,.
T PHASE 11
I, 13-OCK G
CREST, PHASE I. I
LLC I CAP-1r,E' R. 'SLIDE. 15'
HIDE It,
,N 0 T I,:N.L) r.! C,
"IRS= [/2" IRON
ROD WITH PLASTIC
CAP MARKED
8(dT7AJN-CRAWFOPD
SET
BEARING RASE:
1 5TfiE BEARINGS S110INN EIEREON
ARE STATE PLANE CRID BEARINGS
(NAD 63) FOR THE 'TEXAS NOR -Ni
Curve
Faalus
EXHIBIT "B"
Delta
Chord
Chord Hear.
C
40.00'
37.1D'
_S370_8'09-
35.78'
'1'42'D5' '0
C2
115.00'
j a -a I ACRIL
7RACT I
TOPOCRAPHIC MAPPING
PL(D K 7(,1
I V.JIWVE 112'. PAGE t
C3
40.00' 1
R. D C. T.
53"08'05'
CAS NE- j, S-IDF 364
S 411-25-441 YJ_
P,p G.C.T.
rI_-L
SURVEY. ABSTRACT No. 172,
10.046 ACRE]
DENTON COUNTY, TEXAS
1.997 S(-XIAQE �EEiI ca
N 89"911`41 LP
N
89-30''�6-E
fiq":38 I "F
11.6
F
'"
A
C0
NQ2 W
U. 9
%
CAE4 BLOCK A"
LLGLND CPES-,.
T PHASE 11
I, 13-OCK G
CREST, PHASE I. I
LLC I CAP-1r,E' R. 'SLIDE. 15'
HIDE It,
,N 0 T I,:N.L) r.! C,
"IRS= [/2" IRON
ROD WITH PLASTIC
CAP MARKED
8(dT7AJN-CRAWFOPD
SET
BEARING RASE:
1 5TfiE BEARINGS S110INN EIEREON
ARE STATE PLANE CRID BEARINGS
(NAD 63) FOR THE 'TEXAS NOR -Ni
Curve
Faalus
length
Delta
Chord
Chord Hear.
C
40.00'
37.1D'
_S370_8'09-
35.78'
'1'42'D5' '0
C2
115.00'
1
TOPOCRAPHIC MAPPING
00,
C3
40.00' 1
37.1'3'
53"08'05'
35.;8'
S 411-25-441 YJ_
CENTRAL ZONE 142021
ESTABLISHED USING THE GLOBAL
POSITIONING SYSTEM SATELLITES,
AND LOCAL CONTINUOUSLY
OPERATING REFERENCE' s'rATIONS.
THE CITY OF
THE COLONY, DENTON CODUNTY,
TEXAS
ALLEY VACATION
EXHIBIT MAP
BRITTAIN & CRAWFORD
OF
LAND 7 Jt V I, N 'I P,' C,
0.046 ACRE OF LAND
TOPOCRAPHIC MAPPING
LOCATED IN
J N.1 ESL..
THE R.P. HARDIN SURVEY ABSTRACTN
I
No. 611. AND THE B.B.B & C.R.R.
__,N
SURVEY. ABSTRACT No. 172,
S URN,%_
DENTON COUNTY, TEXAS
Page 7