HomeMy WebLinkAboutOrd 366-2008 Vacating and Abandoning portions of the ROW-Ulaj Addition.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 366-2008
AN ORDINANCE BY THE CITY OF ANNA, TEXAS, VACATING AND ABANDONING
PORTIONS OF THE RIGHTS OF WAY IN THE HENRY BRANTLEY SURVEY,
ABSTRACT NO. 71 IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS AND BEING
PARTS OF HACKBERRY LANE AND FIRST STREET; DECLARING THAT THE
PROPERTIES ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING
THE MAYOR OF THE CITY TO EXECUTE QUITCLAIM DEEDS RELEASING THE
PUBLIC OWNERSHIP INTEREST AND CONTROL IN THE PROPERTIES;
PROVIDING FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND
PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF AND 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 City recognizes the need to vacate and abandon portions of the
rights of way along Hackberry Lane and First Street, as more fully described and
depicted in Abandonment No. 1, Exhibit "1" and Abandonment No. 2, Exhibit "2" and
related Preliminary Plat attached hereto and incorporated herein by reference (the
"Roadways"); and
WHEREAS, the Anna City Council ("City Council"), after Careful study and
consideration, has determined that the Roadways 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 benefitted by their vacation and abandonment; and
WHEREAS, in order to remove any question as to the continued interest or
ownership of the public in such portions of the Roadways, the City desires to execute
quitclaim deeds releasing the City's title, ownership and control in said vacated and
abandoned portions of the Roadways except as specifically set forth in this ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are hereby found and determined to be true and correct and are
incorporated in this section by reference.
Ord. No. 380-2008 Vacating and Abandoning potion of ROW.doc PAGE 1 OF 3 02-2608
Section 2. Vacated and Abandoned Rights of Way
The following are hereby vacated and abandoned as rights of way in the City save and
except that such rights of way are hereby reserved by the City as public utility
easements:
(a) Being all that certain lot, tract or parcel of land situated in the Henry Brantley
Survey, Abstract No. 71 in the City of Anna, Collin County, Texas and being
part of First Street and being more particularly described in Abandonment
No. 1, Exhibit 1"; and
(b) Being all that certain lot, tract or parcel of land situated in the Henry Brantley
Survey, Abstract No. 71 in the City of Anna, Collin County, Texas and being
part of Hackberry Lane and being more particularly described in
Abandonment No. 2, Exhibit "2"
Section 3. Authorization
The Mayor of the City is hereby authorized and empowered to execute, on behalf of the
City, quitclaim deeds releasing to the abutting property owners all of the City's claims to
title, ownership, or control of the above-described vacated and abandoned portions of
the Roadways excepting that such rights of way are hereby reserved by the City as
public utility easements.
Section 4. Savings, Repealing and Severability Clauses
It is hereby declared to be the intention of the City Council that the phrases, sentences,
paragraphs, subdivisions, clauses, phrases, or provisions of this ordinance are
severable and, if any phrases, sentences, paragraphs, subdivisions, clauses, phrases,
or provisions 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, sentences, paragraphs, subdivisions, clauses, phrases,
or provisions of this ordinance, since the same would have been enacted by the City
Council without the incorporation in this ordinance of any such unconstitutional phrases,
sentences, paragraphs, subdivisions, clauses, phrases, or provisions.
Section S. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by the
Mayor, and publication of the caption as prescribed by law.
Ord. No. 38&2008 Vacating and Abandoning portion of ROW.doc PAGE 2 OF 3 02-26-06
PASSED by the City Council of the City of Anna, Texas this 26th day of February, 2008.
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Ord. No. 386-2008 Vacating and Abandoning portion of ROW.doc PAGE 3 OF 3 02-26-08
ULAJ Addition: Abandonment No. I
EXHIBIT"1 "
Being all that certain lot, tract or parcel of land situated in the Henry Brantley Survey, Abstract
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Hwy. 5) and the North line of First Street, said point being the Southeast corner of a tract of land
conveyed to Yvonne Ulaj and Driton Ulaj in a deed recorded in County Clerks
No. 20071129001598250, Deed Records, Collin County, Texas; thence West 10.00 feet along
the South line of said Ulaj tract to the Place of Beginning:
Thence South 01 deg. 09 min. 53 sec. West, 10.00 feet to a V? iron rod set for comer;
Thence West, 239.34 feet to a W' iron rod set for comer in the East line of James Drive;
Thence North 10.00 feet along the East line of James Drive to a''/�' iron and found for comer,
said point being the Southwest corner of said Ulaj tract;
Thence East, 239.55 feet along the South line of said Ulaj tract to the Place of Beginning and
containing 2394.46 square feet of land.
ULAJ Addition: Abandonment No. 2
EXHIBIT"2"
Being all that certain lot, tract or parcel of land situated in the Henry Brantley Survey, Abstract
No. 71 in the City of Anna, Collin County, Texas and being part of Hackberry Lane and being
more particularly described as follows:
Commencing at a''/z" iron rod found for corner in. the West line of North Powell Parkway (State
Hwy. 5) and the North line of First Street, said point being the Southeast comer of a tract of land
conveyed to Yvonne Ulaj and Driton Ulaj in a deed recorded in County Clerks
No. 20071129001598250, Deed Record, Collin County, Teras; thence West, 249.55 feet along
the North line of First Street to a''/z' iron rod found for comer in the East line of James Drive,
said point being the Southwest corner of said Ulaj tract; thence North, 150.00 feet along the East
line of James Drive to a M." iron rod found for corner in the South line of Hackberry Lane, said
point being the Northwest comer of said Ulaj tract; said point being the Place of Beginning:
Thence North 4.08 feet along the East line of James Drive to a M? iron rod set for comer;
Thence South 83 deg. 10 min. 53 sec. East, 34.33 feet to a %" iron rod set for comer in the North
line of said Ulaj tract;
Thence West 34.09 feet along the North line of said Ulaj tract to the Place of Beginning and
containing 69.49 square feet of land.