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Home My WebLink AboutOrd 668-2014 Vacating and Abandoning A portion of the right-of-way 6th st.pdfORDINANCE NO. 668-2014 AN ORDINANCE BY THE CITY OF ANNA, TEXAS, VACATING AND ABANDONING A PORTION OF THE RIGHT-OF-WAY IN THE HENRY BRANTLEY SURVEY, ABSTRACT NO. 71 IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS; DECLARING THAT SAID RIGHT OF WAY IS UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE A QUITCLAIM DEED RELEASING THE PUBLIC'S RIGHT, TITLE AND INTEREST IN A CERTAIN PORTION OF SAID RIGHT OF WAY; PROVIDING FOR SEVERABILITY OF THE ORDINANCE AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. 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 of Anna City Council ("City Council") recognizes the need to vacate and abandon a portion of right-of-way as more fully described and depicted in Exhibit "A" and Exhibit "B" attached hereto and incorporated herein by reference (said portion being hereinafter referenced as the "Right of Way"); and WHEREAS, the City Council, after careful study and consideration, has determined that the Right of Way 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 benefitted by its vacation and abandonment; and WHEREAS, in association with the City's abandonment of the Right of Way, the City desires to execute a quitclaim deed releasing all of the City's right, title and interest in a certain portion of the Right of Way. O. ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA, TEXAS THAT: 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 Right of Way, as further described in the attached in Exhibit "A" and Exhibit "B," said Right of Way being heretofore held by the City of Anna, Texas in the public's trust is hereby vacated and abandoned. Section 3. The Mayor of the City is hereby authorized and empowered to execute, on behalf of the City, a quitclaim deed releasing to an abutting property owner all of the City's right, title and interest of a certain portion the Right of Way, said portion being Ord. 668-2014 Abandoning a portion of 61" Street Page 1 of 2 08-26-14 further described in a Quitclaim Deed, the form of which is attached hereto as Exhibit "C Section 4. 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 5. This Ordinance shall be in full force and effect from and after its passage by the City Council, and approval by the Mayor, and it is so ordained. PASSED AND APPROVED by the City Council of the City of Anna, Texas this 26th day of August, 2014. ATTESTED: X6 14 e Zdl-- 12�- i , 1; - Cit Secretary, Natha Wilkison APPROVED: ayor-, Mike Crist Ord. 668-2014 Abandoning a portion of 6" Street Page 2 of 2 08-26-14 EXHIBIT A 0.230 ACRE 6th Street Abandonment Adjacent to Jonic Investments, LLC SITUATED in the City of Anna, Collin County, Texas, in the Henry Brantley survey, abstract no. 71, being a survey of part of the 80 foot wide right-of-way of 6tn Street of the Original Town of Anna according to the map thereof recorded in volume 21, page 368 of the Collin County deed records; being described by metes and bounds as follows: BEGINNING at a'h-inch iron pin set on the south side of a %-inch iron pin found at the northeast corner of Block 2 of said Original Town of Anna; same being on the south right-of-way line of said 6th Street and in the west right-of-way line of the D.A.R.T. railroad; same being the northeast corner of a tract of land recorded in volume 2250, page 244; THENCE North 87049'58" West, with the north line of said Block 2, the north line of said tract in volume 2250, page 244 and the south right-of-way line of said 6th Street, 125.76 feet to a '/Z -inch iron pin set in the east line of the 4.160 acre tract recorded as clerk's file no. 20091020001289220; THENCE North 01 048'29" East, with the east line of said 4.160 acre tract, 80.00 feet to a %-inch iron pin found in the north right-of-way line of said 6th Street; THENCE South 87049'58" East, with the north right-of-way line of said 6th Street and the south line of Block 3 of said Original Town of Anna, 125.71 feet to a'/2 -inch iron pin set at the southeast corner of said Block 3 and in the west right-of-way line of said D.A.R.T. railroad; THENCE South 01'4629" West, with the west right-of-way line of said D.A.R.T. railroad, 80.00 feet to the PLACE OF BEGINNING and containing 0.230 acre. Po 8Ya=°€ a=;s ss w z G boo5fa 9F s\a°N - air om�ma-b a.EE agb m E� F Hca .],Z o -' oEE•• yP= u °` `50� �b.y d'co��c` X'° 3E " .Z x G bi s&5's ea Go oo��°eL `e.;�osos:zo estao - a b � OO 02�� E°=H9-e 00 meamSr e o ses oq- 'g4va°` oEgg z OQ DoH E50m�-.9 g5 foo 0 5 V�zzzo -° XV,9eobeli E 2 95 u° 0 3 cE°3aa m�Lw°c �aQ=mo�a. __�`. dap _ 8 guh vsi c <M -a o oa-frtE"t o - gs = �Em•- _� nm cgs ^= a _ Eq�os•o8`SaosY h ate° _o5'R-._°-�Wr`e=�= °�w &�gcosoe�e3aa °__' F � v�V E• � � CW g�i.,m� Jibes°a - Yis3 �Egz zz-ia s�v�Yr oe'o a•'o goY a J r g` • $ a -w4 ag° SYW. -g o�.o-°_al `sE> 3 G� �s5 m ME s iID1Stl3 .IIlitl3 ^ a '3nb A3lhD1S F v+rnla z U w IM3ti1H31Ni NbdNIN3LII i N 5 'MH 31b1i AnMd ll3np,i 133a1i SSibf n w h avoa-Ilva awn PIS IV „U E< WAS I A 'w> o=<'w dod �gW�< a =p g. n No hyo ua off uH om Nrc 2w�Wn¢ N�NM 00 5g llw m z_ 133SIS SNIDDIS lb N ,SOB n .62Ab.10 �ue ' w � ' age I orc �m S� zc z, P M:8 15, 1"a�� Yo aA49.1o I I I ! qtr I u II z QUITCLAIM DEED STATE OF TEXAS COUNTY OF COLLIN § KNOW ALL MEN BY THESE PRESENTS: For and in consideration of the sum of Ten Dollars ($10.00) and other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the City of Anna, Texas ("Grantor") 111 North Powell Parkway, Anna, Texas 75409, Collin County, Texas, does hereby forever quitclaim to ("Grantee," whether one or more), all of Grantor's right, title, and interest in land situated in the City of Anna, Collin County, Texas, in the Henry Brantley survey, abstract no. 71, being a survey of part of the 80 foot wide right-of-way of 6th Street of the Original Town of Anna according to the map thereof recorded in volume 21, page 368 of the Collin County deed records, and more particularly described by metes and bounds in Exhibit "1" and Exhibit "2" attached hereto and made a part hereof for all purposes. TO HAVE AND TO HOLD all of Grantor's right, title and interest in and to the above described land unto the said Grantee, its successors and assigns forever, so that neither Grantor nor Grantor's legal representatives, successors or assigns shall have, claim or demand any right or title to the aforesaid land, premises or appurtenances or any part thereof. EXECUTED this day of , 2014 by the Mayor of the City of Anna in accordance with the authority granted him by the City Council of the City of Anna, Texas through passage of City of Anna Ordinance No. CITY71177 T By: Mike Crist, Mayor Before me on this day personally appeared Mike Crist, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he is the Mayor of Anna, Texas, he acted on and by the authority of the City Council and executed this deed for the purposes and consideration therein expressed. Given under my hand and seal of office this day of , 2014. Notary Public in and for the State of Texas