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Home My WebLink AboutOrd 332-2007 Vacating and Abandoning a portion of the R-O-W of E 5th and E 6th Street.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 3 3 2' 2 0 D? AN ORDINANCE VACATING AND ABANDONING A PORTION OF THE RIGHT OF WAY OF E. 5Te AND E. bye STREET AND CERTAIN UNNAMED ALLEYWAYS; DECLARING THAT THE PROPERTIES ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE A QUITCLAIM DEED RELEASING THE PUBLIC OWNERSHIP INTEREST AND CONTROL IN THE PROPERTIES; AND PROVIDING AN EFFECTIVE DATE WHEREAS, the City of Anna, Texas, ("City") is a home rule city acting under its charter adopted by the electorate pursuant to Article XI, Section 5 of the Texas Constitution and Chapter 9 of the Local Government Code; and WHEREAS, the First Christian Church, Anna (Disciples of Christ) ("FCC") is a religious organization that owns property located in the City of Anna that is exempt from taxation under Section 11.20 of the Tax Code; and WHEREAS, Section 253.010 of the Local Government Code authorizes a municipality to provide for the manner in which land owned by the municipality may be sold to a religious organization such as the FCC if the religious organization has entered into a written agreement with the municipality regarding the revitalization of the land; and WHEREAS, at the June 12, 2007 City Council meeting, the City Council approved a Revitalization Agreement between the City of Anna and FCC whereby the City Council agreed to grant the hereinafter described portions of the a Street and 6"' Street rights of way and two unnamed alleyways to FCC in order for the FCC to revitalize the land; and WHEREAS, approval of this Ordinance fulfills the City's obligation under the terms of the Revitalization Agreement; and WHEREAS, the City Council, after careful study and consideration, has determined that the hereinafter described portions of the 5th Street and 6th Street rights of way and two unnamed alleyways are no longer required for use by the general public, nor convenient to the public in general and, therefore, constitute a public charge without a corresponding public benefit, and the public would be better served and benefited by their vacation and abandonment; and City of Anna Ordinance No. _=-A 007 Page 1 of 6, including exhibits WHEREAS, in order to remove any question as to the continued interest or ownership of the public in such portions of the 5th Street and 6th Street rights of way and the two unnamed alleyways, the City desires to execute a quitclaim deed releasing all of the City's title, ownership and control in said vacated and abandoned portions of the 5th Street and 6th Street rights of way and two unnamed alleyways. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS: SECTION 1. The above recitals are hereby found and determined to be true and cared and are incorporated in this Section by reference. SECTION 2. The following are hereby vacated and abandoned as a public street and/or alleyways in the City of Anna save and except that such rights-of-way are hereby reserved by the City of Anna as public utility easements: a. that southern portion of the 5th Street ROW abutting FCC property, east of S. Sherley Avenue, containing approximately 0.16185 acre, more or less; and described in more particularity in Exhibit 1 attached hereto and made a part hereof; b. that northern portion of the 6th Street ROW abutting FCC property, east of S. Sherley Avenue, containing approximately 0.2697 acre, more or less; and described in more particularity in Exhibit 2 attached hereto and made a part hereof; and, c. the alleyway rights-of-way or easements tying between E. 5th Street and E. 6th Street and east of S. Sherley Avenue, containing approximately 1.1607 acre, more or less; and described in more particularity in Exhibit 3 attached hereto and made a part hereof. SECTION 3. The Mayor of the City is hereby authorized and empowered to execute, on behalf of the City, a quitclaim deed releasing to the FCC all of the City of Anna's claims to tide, ownership, or control of the herein described vacated and abandoned street rights-of- way and alleyways. City of Anna Ordinance No. 3,u-,Ioo 7 Page 2 of 6, including exhibits SECTION 4. The City Secretary shall present a copy of the executed quitclaim deed for filing with the County Clerk of Collin County, Texas. SECTION 5. It is hereby declared to be the intention of the City Council that the phrases, clauses, sentences, paragraphs and sections of this Ordinance are severable and, 'rf any phrase, clause, sentence, paragraph or section of this Ordinance shall be declared unconstitutional by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality shall not affect any of the remaining phrases, clauses, sentences, paragraphs and sections of this Ordinance, since the same would have been enacted by the City Council without the incorporation in this Ordinance of any such unconstitutional phrase, clause, sentence, paragraph or section. SECTION 6. This Ordinance shall be in full force and effect from and after its passage, and it is so ordained. PASSED AND APPROVED ON THIS I e DAY OF JUNE, 2007. �- ouwimnm,e eth Pelham f ;` Cy OF A�'�.''�� ... Mayor (j,: 9 `; ATTEST: ,'•., I nnun,,,u,ao Na a Wilkison Ci Secretary City of Anna Ordinance No. =-2007 Page 3 of 6, including exhibits EXHIBIT 1 P016 5TH s TE—E4 S T jF— G. M. GEER 5 . ......... 6 7 3258 Z�� L'I 4 .Lr . T . k .. ........ ...... LU A( �MZF AM he MV 1514 �m *-&M(4 A.* 9 .... . ..... 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J 2 G FS REG W 3r% W9 t? 1611 AMM tkBarwlvt .AYte 3w u CL LULL (%flGC/� o 6TH STEET Pae A''SC7dWnM 541afflow-a -WAY PART CF 61h SMUT .SWAaT h M. CRy a! A.a C.M Camtx Teras h Mo Hs &.bay .9Rtey,Abstract Na r behg o 59 feet r sb* of /arid 0 Me a" siab of W;90 feet eida SM abort otphhg-&xk 14 p®- Mh w+gha' Pbf of Me tsty of As w mmded h VAm 2L Pow 366 of Me CoM GMmty il.d Rocca* behg dowrhed lYE6 by metro rod bawds w kffw MfG of a 1/7 'Sar ph ort at Me swMwat tans of sad Wd It wd Mb aceMwast cans of 6M Sbeet 7h.e fh 667!899 scat 2319 feet Mie Me .mvM ire of.1d &act It wd 00 Ma AaM RCI IK the of 61h Sbee( to o 0' hm ph sot at Me sa #*wt a of Scat fI and Me'wMc mos at 6M Sbaot and h Me - eaat /be of sold &wtley.Sespry aaf h Me w ire df Me &,k. Ymtmr SrsreK. AWMt Na 5.Th'.. 'ib.0 waM 18Y411wtr4 519 Met dM �.W aama..Amey Lfi b a 1/2^ ii. ph ort h sad 616 Sb.t fs o t , Meme duHh BBo6Y91ee4 2316 ket b o //2'sm ph sef fa' o an r Mmte 50 f t o 50.0 Net b Me RACE 0'' BElNMNV6' and A /1759 same feet or bnd AVE'D.11E' 8 2007 City of Anna Ordinance No. 33A— A 007 Page 5 of 6, including exhibits 5TH STEET 6TH STEET 7be 20' ride aiMW sham ,d Mock H as sham m the Rut of Anna and remded m Valme 21, Page 368 of the Coin Cwnty Oeed Recalls DAM Aff $ 2007 RX REG W 323 City of Anna Ordinance No.= --100'7 Page 6 of 6, including exhibits