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HomeMy WebLinkAboutOrd 73 Vacating a Portion of Medlin Road Lying North of Hwy 114I ORDINANCE NUMBER 73 AN ORDINANCE VACATING A PORTION OF MEDLIN ROAD LYING NORTH OF HIGHWAY 114: WHEREAS, a Petition has been received by the Board of Aldermen filed by JOHNSON-LOGGINS, INC., the sole owner of all of the privately owned land abutting Medlin Road on each side thereof throughout that portion of its length commencing at the intersection of Medlin Road with the North line of State Highway 114 in the Town of Westlake, Eastward to a point in Medlin Road, said point being approximately 3,000 feet west from the point at which Medlin Road intersects with a public road which forms the East boundary of the Town of Westlake, in the M. Medlin Survey A-832. This point in the road is more particularly described as that point at which the East line of a 27.53 acre tract heretofore owned by Hazel I. Gray by virtue of Deeds recorded in Volume 352, Page 538, Volume 354, Page 256 and Volume 397, Page 548, of the Deed Records of Denton County, Texas, intersects Medlin Road. The portion of Medlin Road described above is hereinafter referred to as "Vacated portion of Medlin Road" and is indicated in green ink on the survey attached hereto as Exhibit "A"; and WHEREAS, the Vacated Portion of Medlin Road above described lies completely within the corporate limits of the Town of Westlake; and WHEREAS, the public safety, necessity and convenience of the present and future residents of the Town of Westlake would be more safely and conveniently served by vacating Medlin Road to the extent set forth above and providing access to that portion of the Town of Westlake lying to the North of State Highway 114 by constructing a new, wider road across property wholly owned by the undersigned in the C. Medlin Survey A-823 and the John R. Mitchell Survey A-821, in accordance with street pians heretofore filed with and preliminarily approved by the Board of Aldermen. Construction of this new and wider road has been initiated by the undersigned and will be completed as soon as practicable; and WHEREAS, the new and wider road will provide more convenient public access to the Medlin Cemetery, and that at such time as this road is ready for use, there no longer will exist the need to keep Medlin Road open to the extent of the Vacated Portion of Medlin Road; and WHEREAS, JOHNSON-LOGGINS, INC., in its Petition, has agreed that the new road will be dedicated to public use by plat filed with the Mayor and Board of Aldermen of the Town of Westlake and additionally filed for record with the County Clerk's office in Denton County, Texas; and WHEREAS, that the rights of the Town of Westlake heretofore held by it to the land covered by the right-of-way of the Medlin Road, to the extent of such Vacated Portion of Medlin Road, should be vested in the respective landowners and their successors and assigns of the abutting property from the center line thereof. NOW, THEREFORE, BE IT ORDAINED BY THE BOARD OF ALDER- MEN OF THE TOWN OF WESTLAKE, TEXAS: Section 1. That the matters and facts set out hereinabove are found and declared to be true and correct. Section 2. That this meeting held on February 19, 1974, at 7:45 p.m. at the Bilbo Ranch in Westlake, Texas, was called and notice given thereof in accordance with law. Section 3. That attached to this Ordinance and made a part hereof is a Petition for Vacating a Portion of Medlin Road, signed by JOHNSON-LOGGINS, INC. This Petition is hereby granted and the portion referred to in such Petition and herein- after referred to as Vacated Portion bf Medlin Road, as the same is indicated in green ink on the Exhibit "A" hereto, shall be, :rz from and after the date of this ordinance, vacated, and all rights of the Town of Westlake heretofore held by it to the land covered by the right-of-way of the Medlin Road, to the extent of such Vacated Portion of Medlin Road, shall be and are hereby vested in the respective landowners and their successors and assigns of the abutting property from the center line there- of. Section 4. That Medlin Road shall not be closed to the public and shall remain open until such time as the new road providing access to Highway 114 has been constructed and opened to public travel; that after such time, the vacated portion of Medlin Road shall henceforth and forever be closed. Section 5. That this Ordinance is passed by unanimous vote of the Board of Aldermen on this the 19th day of February 1974, and shall take effect immediately upon its approval by the Mayor. PASSED this 19th day of February, 1974. APPROVED this 19th day of February, 1974. -a ,e MAYOR OF THE TOWN OF~WESTLAKE V APPROVED: City Attorney I - Town Sear ary -3- PETITION FOR VACATING A PORTION OF MEDLIN ROAD THE STATE OF TEXAS § COUNTY OF DENTON § TO: THE HONORABLE MAYOR AND BOARD OF ALDERMEN OF THE TOWN OF WESTLAKE, TEXAS: The undersigned would respectfully show: That it is the sole owner of all of the privately owned land abutting Medlin Road on each side thereof throughout that portion of its length commencing at the intersection of Medlin Road with the North line of State Highway 114 in the Town of Westlake, Eastward to a point in Medlin Road, said point being approximately 3,000 feet west from the point at which Medlin Road intersects with a public road which forms the East boun- dary of the Town of Westlake, in the M. Medlin Survey A-832. This point in the road is more particularly described as that point at which the East line of a 27.53 acre tract heretofore owned by Hazel I. Gray by virtue of Deeds recorded in Volume 352, Page 538, Volume 354, Page 256 and Volume 397, Page 548, of the Deed Records of Denton County, Texas, intersects Med- lin Road. The portion of Medlin Road described above is here- inafter referred to as "Vacated portion of Medlin Road" and is indicated in green ink on the survey attached hereto as Exhibit "A". I That the Vacated Portion of Medlin Road above described lies completely within the corporate limits of the Town of Westlake. II That the public safety, necessity and convenience of the present and future residents of the Town of Westlake would be more safely and conveniently served by vacating Medlin Road to the extent set forth above and providing access to that portion of the Town of Westlake lying to the North of State Highway 114 by constructing a new, wider road across property wholly owned by the undersigned in the C. Medlin Survey A-823 and the John R. Mitchell Survey A--821, in accordance with street plans heretofore filed with and preliminarily approved by the Board of Aldermen. Construction of this new and wider road has been initiated by the undersigned and will be completed as soon as practicable. III That the new and wider road will provide more convenient public access to the Medlin Cemetery, and that at such time as this road is ready for use, there no longer will exist the need to keep Medlin Road open to the extent of the Vacated Portion of Medlin Road. IV That the new road will be dedicated to public use by plat filed with the Mayor and Board of Aldermen of the Town of Westlake and additionally filed for record with the County Clerk's office in Denton County, Texas. That the rights of the Town of Westlake heretofore held by it with respect to the Vacated Portion of Medlin Road should be vested in the respective abutting landowners from the center line thereof. WHEREFORE, the undersigned respectfully prays that this Petition will be filed with the Mayor of the Town of Westlake and that this Petition be in all things granted and that the Aldermen and the Mayor of the Town of Westlake, by ordinance, authorize and approve the vacating of the portion of Medlin Road described as Vacated Portion of Medlin Road and authorize -2- the closing of such vacated portion to take place upon the completion and opening by the undersigned of the said new road providing access to that portion of the town lying North of State Highway 114, in accordance with plat hereto- fore filed with the Board, and vesting all rights held by the Town of Westlake in and to the land covered by the right- of-way of the Medlin Road to the extent of such Vacated Portion of Medlin Road from the centerline,in the respective owners and their successors and assigns of the abutting property, on each side thereof. RESPECTFULLY SUBMITTED, JOHNSON--LOGGINS , INC. Its: G- f -3- asz,oao A SURVEY OF TRACTS IN .THE T KELLY A.704, T.H.CALLAWAY A•272, R.ALLEN A-1'7, T J.ALLEN A 7, T -J. ALLEN A , R.W. ALLEN A-5, J. HENRY A-529, M. MERLIN A-832, J.R. MICHAEL A- 8ZO, W. MEDLIN A-829, J.EAD5 A -39Z, R.EADS A-393, J.5UTTON A•1154, C.MEDLIN A-823, J.R. MICHAEL A-821, W.H. PEA A-1045, J.HENRY A -5Z8, SURVEYS IN DENTON COUNTY, AND THE W MEDLIN SURVEY, A-1588 DENTON COUNTY and A-1958 TARRANT COUNTY AND THE C.M. THROOP SURVEY A-IS10 1N TARRANT COUNTY, ALL 1N THE STATE OF TEXAS, and LOCATED JUST EAST OF ROANOYE, TEXAS 4181,000 460,000 PREPARF0 FROM SURVEYS MADE ON T;HE GROUND 1N MAY 1973. 479,000 LOUIS V HAWKINS R PS. NC 196 E X H I B I T A VACATED PORTION OF MEDLIN ROAD O O O O 4i C m m o_ q 6 N 0 Coordinates are refs 2. All field survey work 3 All surveys are re -t and to other data sc Records of Denton 4 Areas shown are gr field notes for ince roads not covered i Ile area covered of Americo. 5. All easements for at othetwise specified. 6. The location of unc forl switch boxes 7 The fenced right -c in width but overaf a Deed references s olherwlse shown. S. Elevations are rel