HomeMy WebLinkAboutOrd 333-2007 Vacating and Abandoning Access Easements in Connection with Replat to Block A, Lot 1 of the AFFI Addition.pdfCITY OF ANNA, TEXAS
AN ORDINANCE VACATING AND ABANDONING CERTAIN ACCESS EASEMENTS
IN CONNECTION WITH A REPLAT REQUEST TO BLOCK A, LOT 1 OF THE AFFI
ADDITION LOCATED AT THE SOUTHWEST CORNER OF WHITE STREET (FM 455)
AND SOUTH CENTRAL EXPRESSWAY; DECLARING THAT THE PROPERTIES
ARE UNNECESSARY FOR USE BY THE PUBLIC; AND PROVIDING AN EFFECTIVE
DATE
WHEREAS, the City of Anna, Texas, ("City") is a home rule municipality 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 City Council, after careful study and consideration, has determined that
the hereinafter described .3318 acre access easement being 30 feet in width and
recorded in Volume 5321, Page 6811, Official Public Records of Real Property of Collin
County, Texas and situated in the Thomas Rattan Survey, Abstract No. 782, Collin
County, Texas and being a portion of a 35.08 acre tract of land according to the deed
recorded in Volume 4686, Page 1736, Official Public Records of Real Property of Collin
County, Texas is 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
WHEREAS, the City Council, after careful study and consideration, has determined that
the hereinafter described .0689 acre access easement being 30 feet in width and
recorded in Volume 5321, Page 6811, Official Public Records of Real Property of Collin
County, Texas and situated in the Thomas Rattan Survey, Abstract No. 782, Collin
County, Texas and being a portion of a 35.08 acre tract of land according to the deed
recorded in Volume 4686, Page 1736, Official Public Records of Real Property of Collin
County, Texas is 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
WHEREAS, in order to remove any question as to the continued interest or ownership
of the public in said access easements, the City desires to execute a quitclaim deed
releasing all of the City's tide, ownership and control in said vacated and abandoned
access easements.
City of Anna Ordinance No. Wi3 -a00 7 Page 1 of 6
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 correct and are
incorporated in this Section by reference.
SECTION 2.
The following tracts are hereby vacated and abandoned as access easements:
a .3318 acre access easement being 30 feet in width and recorded in
Volume 5321, Page 6811, Official Public Records of Real Property of
Collin County, Texas and situated in the Thomas Rattan Survey,
Abstract No. 782, Collin County, Texas and being a portion of a 35.08
acre tract of land according to the deed recorded in Volume 4686,
Page 1736, Official Public Records of Real Property of Collin County,
Texas, more fully described in Exhibit 1 hereto and depicted in Exhibit
3 hereto; and
2. a .0689 acre access easement being 30 feet in width and recorded in
Volume 5321, Page 6811, Official Public Records of Real Property of
Collin County, Texas and situated in the Thomas Rattan Survey,
Abstract No. 782, Collin County, Texas and being a portion of a 35.08
acre tract of land according to the deed recorded in Volume 4686,
Page 1736, Official Public Records of Real Property of Collin County,
Texas, more fully described in Exhibit 2 hereto and depicted in Exhibit
3 hereto.
SECTION 3.
The Mayor of the City is hereby authorized and empowered to execute, on behalf of the
City, a quitclaim deed releasing to Sahi-Antoine, LLC all of the City of Anna's claims to
title, ownership, or control of the herein described vacated and abandoned access
easements.
SECTION 4.
The City Secretary shall present a copy of the executed quitclaim deed for filing with the
County Clerk of Collin County, Texas.
City of Anna Ordinance No. &33-2 007 Page 2 of 6
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, if 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 1DAY OF JUNE, 2007.
eth Pelham
Mayor "Oj OF
ATTEST:
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I sonson „XScretary,,,,
City of Anna Ordinance No. M "200% Page 3 of
EXHIBIT 1
3W ASS EASEMENT
Being a tract of land situated In thelhomas Rattan Survey, Abstract No. 782, With County, Texas and
being a porUm ofa 35.08aaetractofiandacmrdhrg to Bre deed neaorded In Vohnme 4686, Page 1735,
Deed Records, Collot County, Texas (DRCCT) and being more particularly described as follows;
Commencing at a 5/8 Inch Iron rod with a yellow plastic cap stamped "KITS 4595' found for the
nathwestmmeroftot 1, Block A, AM AddRlory as recorded m Volume N, Page 122, Plat Records; Cnfim
County, Texas, Same being the print of Intersection of the South dghFof-way line of F.M. No. 455 with
the East right-oRwa/ Oft of C.R. No. 286;
Thence, along said South Bre of F.M.455, same being the North line of said tot 1, North 89 degrees 45
minutes 57 secxhds East, a distance of 103.54 feet, to a 1 /2 Inch Iron rod found;
Thence, cortWKMg along sold South Me of F.M. 455 and Nath line of lot 1, North 89 degrees 15
minutes 45 seoonds East, a distance of 70254 feet to the POINT OF BEGINNING;
Thence continuing along said Sough line of F.M. 455 and North line of Lot 1, North 89 degrees 15
minutes 45 seconds East, a distance of 30.00 feet;
Thence, deporting said South gne of F.M. 455 and Nash fine of tot 1, South 00 degrees 44 minutes 15
seconds East, a distance of 275.18 feet to the beginMng of a curve to the left, having a radius of 20.00
feet and a delta angle of 29 degrees 13 minutes 19 seconds;
Thence along said cave of the IeR, and arc distance of 10.20 feet;
Then oe, Sash 29 degrees 57 minutes 34 secants East a distance of 148.55 feet to tho beginning of
a curve to the right, having a radius of 50.00 feet and a delta angle of 29 degrees 37 minutes 48
seconds;
Thence, along said curve to the right, an arc distance of 25.86 feet;
Tthenca, South 00 degrees 19 minutes 46 semnds East, adistance of 22.16 feet to a point on the South
We of aforementioned tot 1, beteg South 89 degrees 40 minutes 14 seconds West, 395.00 feet from the
southeast Comer of said Lot 1;
Thence, along said South Bee of tot 1, South 89 degrees 40 minutes 14 seconds West, a distance of
30.01 feet;
Thence, departing said South We of Lot 1, forth 00 degrees 19 minutes 46 seconds West, a distance of
22.16 feet to the beginning of a curve 0 the left, having a radius of MOD feet and a delta angle of 29
degrees 37 minutes 46 seconds;
Thence, along said curve to the left, an arc distance of 10.34 feet;
Thence, Nath 29 feet 57 minutes 34 seconds West, a distance of 148.55 feet to the beginning of a
curve to the to*, having a radlusof 50.013 feetan d a delta angle of 29 degrees 13 minute 19 seconds;
Thence, along said cave to the rlgK an arc distance of 25.50 feet;
Thence, Nath 00 degrees 44 minutes 15 seconds West, a distance of 275.18 feet to the Point of
Beginning and coMolMag 14,455 square feet of land.
City of Anna Ordinance No. ^Z 0 d? Page 4 of 6
EXHIBIT 2
30' ACCESS EASEMENT
Being a tract of land situated In theTiwmas Rattan Survey, Abstract No. 782, Collin County, Texas and
berg a portion of a 35.08 acre tract of land according to the deed recorded In Volume 4686, Page 1736,
Deed Records, mkt County, Texas (DRCCF) and being more particularly described as follows;
Commencing at a 5/8 Inch Iran rod with a yellow plastic cap stamped "PITI3 4595" found for the
southeast comer of Lot 1, Black A, Afn Addition, as recorded in Volume N, Page 122, Plat Records, Who
County, Texas, sane being on the West right-of-way line of U.S. Highway No. 75 (variable wk8h
right-of-way);
Thence, Wong the South Ilene ofsaid Lot 1, South 89 degrees 40 minutes 14 seconds West, a distance of
194.00 feet, to the POINT OF BEGINNING;
Thence, continuing along said South lice of Lot 1, South 89 degrees 40 minutes 14 scones West, a
distance of 30.00 feet,
Thence, departing sold South One of Lot 1, Nath 00 degrees 19 minutes 46 seconds West, a distance of
100.00
Thence, North 89 degrees 40 minutes 14 seconds East, a distance of 30.00 fast;
Thence, South W degrees 19 minutes 46 seconds East, a distance of 100.00 feet to the Point of
Beginning, containing 3,000 square feet of last.
City of Anna Ordinance No.3M-.?#d ? Page 5 of 6
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EXHIBIT 3
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City of Anna Ordinance NOL 3m -Q 0 07 Page 6 of 6