HomeMy WebLinkAboutOrd 1148-2025-05 Vacate & Abandon a Portion of Right-of-Way (S Sherley Ave)CITY OF ANNA, TEXAS
ORDINANCE NO. l;q ?p r 20?,5-65
AN ORDINANCE OF THE CITY OF ANNA, TEXAS VACATING AND ABANDONING A
PORTION OF RIGHT-OF-WAY IN THE MARTIN MOORE SURVEY, ABSTRACT NO. 649 IN
THE CITY OF ANNA, COLLIN COUNTY, TEXAS AND BEING PART OF COUNTY ROAD 369;
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 PROPERTY; 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 city acting under its charter adopted
by the electorate pursuant to article XI, Section 5 of the Texas Constitution and Chapter 9 of the
Texas Local Government Code; and
WHEREAS, the City recognizes the need to vacate and abandon the alley within Original Town
of Anna, Block 12, as more fully described and depicted in Exhibit "A" 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.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ANNA,
TEXAS THAT:
Section 1. Recitals Incorporated
The above recitals are incorporated herein by reference for all purposes.
Section 2. Abandonment
The Right -of -Way, as further described in the attached Exhibit "A," 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. Quitclaim Deed Authorization
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(s) all of the City's right, title and
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") located
at 120 W. Seventh Street, Anna, Texas 75409, Collin County, Texas, does hereby bargain, sell, convey
and forever quitclaim unto: Marquin J. Hunn and Mendel Kunkle ("Grantee"), property owner of a parcel of
land situated in the Original Town of Anna, Block 12, in the City of Anna, Collin County, Texas 75409 in a
deed recorded in Volume 21, Page 368 of the Collin County deed records, more particularly described by
metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes and any and all
of Grantee's legal representatives, successors or assigns, all of Grantor's right, title, and interest in save
and except that such portions are hereby reserved by Grantor as public utility easements and Grantee
consents and agrees to said reservation.
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, save and except that such rights -of -way and easements
are hereby reserved by the City of Anna as public utility easements.
EXECUTED this C?L day of ) , 2025 by the Mayor of the City of Anna in
accordance with the authority granted him b5Tthe City Council of the City of Anna through passage of City
of Anna Ordinance No. I lye .2 25-05
CITY OF ANNA, TEXAS
By:
Pete Cain, Mayor
Before me on this day personally appeared Pete Cain, 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 2025.
CARRIE L. LAND
o P�. PUdl �Z
Notary Public, State of Texas
�2c Comm. Expires 02-04-2027
Notary ID 11419404
1 _a,� �. U ! a xj
Notary Public in and for the State of Texas
QUITCLAIM DEED Page 1 of 4, including exhibits
Agreed and accepted:
Marquin J. Hunn, Grantee
Before me on this day personally appeared Marquin J. Hunn, known to me to be the person
whose name is subscribed to the foregoing instrument and acknowledged to me that he executed this
deed for the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2025.
Notary Public in and for the State of Texas
Agreed and accepted:
Mendel Kunkle, Grantee
Before me on this day personally appeared Mendel Kunkle, known to me to be the person whose
name is subscribed to the foregoing instrument and acknowledged to me that he executed this deed for
the purposes and consideration therein expressed.
Given under my hand and seal of office this day of , 2025.
Notary Public in and for the State of Texas
QUITCLAIM DEED Page 2 of 4, including exhibits
LEGAL DESCRIPTION
BEING a 20' Alley across Block No.
12 of the Original Town of Anna as
shown on the Map or Plat thereof recorded in Volume 21, Page 368 of the
Deed Records of Collin County, Texas and
being more particularly described in
metes and bounds as follows;
BEGINNING in the north Right —of —Way
(ROW) of 4th Street at a 112" iron
rod with plastic cap stamped "4613" found for the southeast corner of Lot 1,
Block No. 12 of said Original Town of Anna;
THENCE N 00'50'46" E a distance of
250.00' to a 112" iron rod with
plastic cap stamped "4613" found in the south ROW line of 3rd Street for the
northeast corner of Lot 10, Block No. 12
of said Original Town of Anna;
THENCE S 89'09'14" E with the south
ROW line of 3rd Street a distance
of 20.00' to a 112" iron rod with plastic
cap stamped "4613" found for the
northwest corner of Lot 11, Block No. 12
of said Original Town of Anna;
THENCE S 00'50'46" W a distance of
115.00' to a 112" iron rod with
plastic cap stamped "4613" found for the
southwest corner of Lot 11, Block
No. 12 of said Original Town of Anna;
THENCE S 89'09'14" E a distance of
100.00' to a 112" iron rod with
plastic cap stamped "4613" found for the
southeast corner of Lot 12, Block
No. 12 of said Original Town of Anna;
THENCE S 00'50'46" W a distance of
20.00' to a 112" iron rod with
plastic cap stamped "4613" found for the
northeast corner of Lot 13, Block
No. 12 of said Original Town of Anna;
THENCE N 89'09'14" W a distance of
100.00' to a 112" iron rod with
plastic cap stamped "4613" found for the
northwest corner of Lot 16, Block
No. 12 of said Original Town of Anna;
THENCE S 00'50'46" W a distance of
115.00' to a 112" iron rod with
plastic cap stamped "4613" found in the north ROW line of 4th Street for the
southwest corner of Lot 16, Block No. 12
of said Original Town of Anna;
THENCE N 89'09'14" W with the north
ROW line of 4th Street a distance
of 20.00' to the POINT OF BEGINNING, and
containing 7,000 Square Feet or
0.161 acres of land.
----------------
David J. urdukon R. P. L. S. No. 4613
M
*SURDUKAN SURVEYING, INC.
P.O. BOX 126
ANNA, TEXAS 75409
(972) 924-8200
TEXAS FIRM NO. 10069500
EXHIBIT "A"
20' ALLEY ABANDONMENT
BLOCK NO. 13
ORIGINAL TOWN OF ANNA
CITY OF ANNA
COLLIN COUNTY, TEXAS
SCALE 1" = 60'
DATE: August 1, 2024 SHEET 2 OF 2 JOB NO. 2021 —11 1
X
3
NORTH
SCALE 1"= 60'
W
112•W -- -- -- --
20' ALLEY ABANDOMENT 3rd STREET
7,000 SQ. FT. or 0.161 ACRES 80' RIGHT-OF-WAY
1 • PwE
R.M.
LEGEND
R.M. = REFERENCE MONUMENT --
CIRF = CAPPED 112- IRON ROD FOUND
IRF = IRON ROD FOUND
1 _ _
IPF = IRON PIPE FOUND
D.R.C.C.T. = DEED RECORDS OF COLLIN
COUNTY, TEXAS
O.P.R.C.C.T. = OFFICLIL PUBLIC RECORDS
OF COLLIN COUNTY, TEXAS
aw
AQ1J-
RA/.
LOT 10
LOT 9 1
LOT 8
LOT 7 1
LOT 6
--—
`�
LOT 5
LOT 4
1
LOT 3
LOT 2
BLOCK 12 1
u TOWN OF ANNA 1
LOT 1_
POINT OF
BEGINNING
00W
"IEIY
1
1
LOT 11 LOT
1
I
BLOCK 12
ORIGINAL TOWN OF ANNA
VOLUME 21, PAGE 368
raoc D.R.GC.T.
CW
vcr3"
i
LwF
'4e1J"
7 R.Y.
BLOCK NO. 1 v
LINE TABLE
LINE
BEARING
DISTANCE
L1
N 00'50'46'
E
250.00
1-2
S 89'09 14
E
20.00
L3
S 00'50 46
W
1 15.00
L4
S 89'09 14'
E
100,00'
L5
IS 00'50 46
W
20.00
L6
I N 89'09 14
W
1100.00
L7
IS 00'50 46
W
1 15.00
L8
IN 89.09.14
W
20.00
M
*SURDUKAN SURVEYING, INC.
P.D. BOX 126
ANNA, TEXAS 75409
(972) 924-8200
TEXAS FIRM NO. 10069500
SCALE 1" = 60' DATE. August 1, 2024
"1813"
I,
12 II
N
E"
h
h
Oa
Oa
O0
1
BLOCK 12
i
0 IGINAL TOWN OF ANNA
VOLUME 21,P'AGE
36I8
J_
C—T--`
—=
-- --
'4613•
4th STREET
80' RIGHT-OF-WAY
The basis of bearings, are derived from ALLTERRA
CENTRAL RTK Network, Texas State Plane Coordinates
System, Nod83, North Central Zone, Nod 83
(CORS96) Epoch 2002.0.
EXHIBIT "A"
20' ALLEY ABANDONMENT
BLOCK NO. 13
ORIGINAL TOWN OF ANNA
CITY OF ANNA
COLLIN COUNTY, TEXAS
SHEET 1 OF 2 JOB NO. 2021-111
Original Town of Anna, Block 12
r*� • , Alley Abandonment
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