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Home My WebLink AboutOrd 1008-2022 Vacating and Abandoning A portion of Right -of Way in the Martin Moore SurveyCITY OF ANNA, TEXAS ORDINANCE NO. 0d Y _, SZ0c: E 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 a portion of the right-of-way along County Road 369, 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. 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" 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. 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 owners} all of the City's right, title and interest of a certain portion the Right -of --Way, said portion being further described in a Quitclaim Deed, the form of which is attached hereto as Exhibit To" Section 4. Savings, Repealing and Severability Clauses It is hereby declared to be the intention of the City Council that the words, sentences, paragraphs, subdivisions, clauses, phrases, and provisions of this ordinance are severable and, if any phrase, sentence, paragraph, subdivision, clause, or provision of this ordinance shall be declared unconstitutional or otherwise invalid or inapplicable by the valid judgment or decree of any court of competent jurisdiction, such unconstitutionality, invalidity or inapplicability shall not affect any of the remaining words, 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, invalid or inapplicable words, sentences, paragraphs, subdivisions, clauses, phrases, or provisions. Further, all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are consistent and do not conflict with the terms and provisions of this ordinance are hereby ratified to the extent of such consistency and lack of conflict, and all ordinances or parts of ordinances in force when the provisions of this ordinance become effective that are inconsistent or in conflict with the terms and provisions contained in this ordinance are hereby repealed only to the extent of any such conflict. Section 5. Publication of the Caption and Effective Date This ordinance shall be effective upon its passage by the City Council, approval by the Mayor, and posting and/or publication, if required by law, of its caption. The City Secretary is hereby authorized and directed to implement such posting and/or publication. PASSED by the City Council of the City of Anna, Texas this 27th day of September 2022. ATTESTED: Carrie L. Land,"City Mayor Pro Tem 2 EXHIBIT "A" RIGHT-OF-WAY ABANDONMENT CITY OF ANNA, COLLIN COUNTY, TEXAS Being a 4,922 square foot tract of land, situated in the Martin Moore Survey, Abstract No. 449, in the City of Anna, Collin County, Texas, and being a part of that right—of—way dedication for County Road No. 370, as shown in the plat of ANNA HIGH SCHOOL #1 ADDITION, an addition to the City of Anna, as recorded in Volume 2011, Page 176, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described, as follows: BEGINNING at a 1/2" iron rod found for an "ell" corner of said County Road No. 370 right—of—way, same being the northeasterly corner of a tract of land, described in deed to Jose Facundo and wife, Josefina I. Facundo, as recorded in Volume 4625, Page 759, of the Deed Records, Collin County, Texas (D.R.C.C.T.); THENCE North 89'39'04" East, over and across said County Road No. 370 right—of—way, a distance of 37.47' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set for the northeasterly corner of the herein described tract, same being in the most northerly west line of (PEST CROSSING PHASE 11, an addition to the City of Anna, as recorded in Volume 2020, Page 467, O.P.R.C.C.T., some being in the westerly monumented line of Rollins Road; THENCE South 00004127" West, along the most northerly west line of said NEST CROSSING PHASE 11, same being partially along a replat of WEST CROSSING PHASE 11, an addition to the City of Anna, as recorded in Volume 2020, Page 750, O.P.R.C.C.T., a distance of 262.72' to a 1/2" iron rod with a plastic cap stamped "GOODWIN" found for the southerly corner of the right—of—way dedication for County Road No. 370, same being the southeasterly corner of said Facundo tract, said corner also being an "ell" corner of said WEST CROSSING PHASE 11 (Vol. 2020, Pg. 467); THENCE North OS'03'06" West, along the common line between said Facundo tract and County Road No. 370 right—of—way, a distance of 265.10 to the POINT OF BEGINNING and containing 4,922 square feet or 0.113 acres of land, more or less. ABBREVIATIONS 0F.R.F. = Iron Rod Found (:Z04�00 STgj�cgoo, ban.(R,M.) = Reference Monument B. ARTHUR C.I.R.F. = Capped Iron Rod Found686 �tr.C.I.R.S. = 1/2" iron rod with yellow plastic cap S S I c� stamped "RPLS 5686" set Sso Ug M.R.C.C.T. = Map Records, Collin County, Texas D.R.C.C.T. = Deed Records, Collin County, Texas O.P.R.C.C.T. = Official Public Records, Collin County, Texas This metes and bounds description is accompanied by a survey plat of even date. Bearings are based on the Texas State Plane System, North Central Zone (4202), NAD83. DATE: 09/06/2022 ABANDONMENT OF A PORTION OF COUNTY ROAD N0.370 North Texas Surveying, L.L.C. REVISED; Registered Professional Land Surveyors 0.113 ACRES IN THE � SCALE: 1" = 60' MARTIN MOORE SURVEY 1010 West University Drive ABSTRACT NO, 649 McKinney, Tx. 75069 CHK'D. BY: M.B.A. Ph. (469) 424-2074 Fax: (469) 424-1997 CITY OF ANNA, www.northtexassurveying.com JOB NO.: 2022-0069 COLLIN COUNTY, TEXAS Firm Registration No. 10074200 EXHIBIT "B" Lot 1, Block 1 ANNA HIGH SCHOOL L 15' Sanitary #1 ADDITION Sewer Easement Vol. 2011, Pg. 1761 (Vol. 2011, Pg. 176) O.P.R.C.C.T. N89039'04"E County Road No. 370 37§47'7 (a variable width right—of—way) 112" I.R.F. 1 (R.M.) oi, iaF — (RA) 389039'04"W 682615' GRAPHIC SCALE 0 30 60 1 inch = 60 ft. POINT OF � BEGINNING Abandonment of a Portion of —� 1 County Road No. 370 Z 4,922 Sq. Ft. / 0.113 Acres OWIF o rnI C71 M�AB5TRACT gip, 649 Y Jose Facundo and wifeI Josefina 0. Facundo Vol. 4625, Pg. 7591 D.R.C.C.T. Right —of —Way Dedication Vol. 2011, Pg. 176, O.P.R.C.C.T. Lot 27 (Vol. 2020, Pg. 467) Lot 28R, Block KK WEST CROSSING PHASE 11 1 Vol. 2020, Pg. 750, O.P.R.C.C.T. Rollins Road (50' right—of—way) I I Lot 29 GVVYN IS ABS R jsON L1g�1 EY I rr NO* I — — — CV h Lot 28 I CV O - - [h Sp Icc� .i Yam~ �U o_ N Lot 27 o�wN(3 I 1 1� mE oo ccP+Np r' I Lot 26 5' Drainage Easement —(Vol. 2020, Pg. 467) III Lot 25R, Block KK (PEST CROSSING 112" C.I.R.F, PHASE 11 1 G R,k) " Vol 2020 P 750 Q •� T v 3 0o 0)O t o toff/nn\ V 9• ( . O.P.R.C.C.T. — �112" C.I.R.F. 112" CJAF. — — — — "GOODWIN" GOODWIN" (RA) (R.M.) L I I I l o o I Q I YC7 I I W a- •-� F Lot 18 Lot 19 Lot 20 rn ft o 0 ~ 0. 0 Lot 21 c o Lot 22 I m a W ci Lot 24 •ft oN OX �U Ow Block KKIL �Y VEST C1�OS11NG I 1 i N m a O Ci I I LY S PHA 467, 0 o CENRY RA TNO. 71 Vol. 2020 Pg* > O.P. .C.C.T. Holcombe Drive This survey plat is accompanied by a metes (50' right—of—way) and bounds description of even date. DATE: 09/06/2022 ABANDONMENT OF A PORTION OF North Texas SurVe 111 L.L.C. REVISED: COUNTY ROAD N0.370 Registered Professional L d Surveyors 0.113 ACRES IN TIC w SCALE: 1" = 60' MARTIN MOORE SURVEY 1010 West University Drive ABSTRACT NO. 649 McKinney, Tx. 75069 CHK'D. BY: M.B.A. Ph. (469) 424-2074 Fax: (469) 424-1997 CITY OF ANNA, www.northtexassurveying.com JOB NO.: 2022-0069 COLLIN COUNTY, TEXAS Firm Registration No. 10074200 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: Jose Facundo ("Grantee"), property owner of a parcel of land situated in the Martin Moore Survey, Abstract No. 649 in the City of Anna, Collin County, Texas 75409 in a deed recorded in volume 2011, page 176 of the Collin County deed records, more particularly described by metes and bounds in Exhibit "1" and Exhibit "2" 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 An" day of ��&.AP 2022 by the Mayor of the City of Anna in accordance with the authority granted him by the City Council of the City of Anna through passage of City of Anna Ordinance No. IODS?- 42Daa CITY OF ANNA, TE By: _ Nate Mayor is Before me on this day personally appeared Nate Pike, 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.7'% %day of Public in and JjCO r . Q. 0 0 � 2022. e StaVe of Texas page 1 of 4, including exhibits Collin County Honorable Stacey Kemp Collin County Clerk Instrument Number: 2022000152096 Real Property Recorded On: October 13, 2022 08:24 AM Number of Pages: 5 " Examined and Charged as Follows: " Total Recording: $38.00 *********** THIS PAGE IS PART OF THE INSTRUMENT *********** Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY because of color or race is invalid and unenforceable under federal law. File Information: Document Number: Receipt Number: Recorded Date/Time. User: Station: 2022000152096 20221013000078 October 13, 2022 08:24 AM Donna F Station 12 Record and Return To: JOSEFACUNDO 1332 E CR 370 ANNA TX 75409 STATE OF TEXAS Collin County I hereby certify that this Instrument was filed in the File Number sequence on the dateJtime printed hereon, and was duly recorded in the Official Public Records of Collin County, Texas Honorable Stacey Kemp Collin County Clerk Collin County, TX EXHIBIT " 2" Lot 1, Block 1 ANNA HIGH SCHOOL L _ 15' Sanitary #1 ADDITION Sewer Easement Vol. 2011, Pg. 176, (Vol. 2011. Pg, 176) O.P.R.C.C.T. — — — — N89039'04i " E Lot 27 (Vol. 2020, Pg. 467) Lot 28R, Block KK WTST CROSSING PHASE it I Vol. 2020, Pg. 750, O.P.RXX. T. County Road No. 370 37.47 Rollins Road (a variable width right—of—way) 1/2" I.R.F. (50' right—of—way) (R.M.) C.I.R.S. o +' �•P•� S89'39'04"W 682.15' — - Lot 29 — (R.N.) POINT OF BEGINNINGVYN MOTp�o URA GSTRA 559 Abandonment of a Portion of 1 1' County Road No. 370 Z 4,922 Sq. Ft. / 0,113 Acres ti Lot 28 I GRAPHIC SCALE o N 0 30 60 U) 61 N - - ' sol Jose Facundo and to ~ o 1 inch = 60 ft. wife, Josefina 0. Facundo N Lot 27 NZ P4 W o 0 Vol. 4625, Pg, 759, CV 0 D.R.C.C.T. all 8 11 O m a N b C? C0 - o ' (I Lot 26 1 Right —of --Way Dedication ( 5' Drainage Easement SugVEY Vol. 2011, Pg. 176, (Vol,j.--2020, Pg. 467) WkRTI 'TItA 0.649 O.P.R.C.C.T. — — — �' I Lot 25R, Block KK 1/2" C.I.R.F. WEST CROSSING GOODWIN" PHASE 11 1 — _ N89'04'03"W_ 225.42'_ _ (R.M.) Vol. 2020, .C. 7509 _ O.RR.C.C.T. 10307 1/2' C.lAR 1/2" C.I.R.F. — — "000DWIN" "GOODWIN" (RA) (RA) r` I¢ I yo r I I LS i ^' F Cq Lot 18 Lot 19 Lot 20 Lot 21 v o Lot 22 I m a w ° ci Lot 24 cN X �U OW O CL I I elock KK N> I( N W N p (EST CA055"' I v I I Y SUFt�1EY P 11 467, o� op o NRX B T r10.71 Vol. 2020 Pg• J > p�BSTRp►o.P. ,C.GT. Holcombe Drive (50' right—of—way) This survey plat is accompanied by a metes and bounds description of even date. DATE: 09/06/2022 ABANDONMENT OF A PORTION OF North Texas Surveying, L.L.C. REVISED: COUNTY ROAD N0.370 Registered Professional Land Surveyors 0.113 ACRES IN THE � SCALE: 1" = 60' MARTIN MOORE SURVEY a)ph4 1010 West University Drive ABSTRACT N0.649 McKinney, Tx. 75069 CHK'D. BY: M.B.A. CSTRITY CAN . 6 (469) 424-2074 Fax; (469) 424-1997 www.northtexassurveying.com JOB NO.: 2022-0069 COLLIN COUNTY, TEXAS Firm Registration No. 10074200 EXHIBIT 111" RIGHT OF -WAY ABANDONMENT CITY OF ANNA, COLLIN COUNTY, TEXAS Being a 4,922 square foot tract of land, situated in the Martin Moore Survey, Abstract No. 449, in the City of Anna, Collin County, Texas, and being a part of that right—of—way dedication for County Road No. 370, as shown in the plat of ANNA HIGH SCHOOL #1 ADDITION, an addition to the City of Anna, as recorded in Volume 2011, Page 176, of the Official Public Records, Collin County, Texas (O.P.R.C.C.T.), said tract being more particularly described, as follows: BEGINNING at a 1/2" iron rod found for an "ell" corner of said County Road No. 370 right—of—way, some being the northeasterly corner of a tract of land, described in deed to Jose Facundo and wife, Josefino I. Facundo, as recorded in Volume 4625, Page 759, of the Deed Records, Collin County, Texas (D.R.C.C.T.), THENCE North 89'39'04" East, over and across said County Road No. 370 right—of—way, a distance of 37.47' to a 1/2" iron rod with a yellow plastic cap stamped "RPLS 5686" set for the northeasterly corner of the herein described tract, same being in the most northerly west line of WEST CROSSING PHASE 11, an addition to the City of Anna, as recorded in Volume 2020, Page 467, O.P.R,C,C.T., some being in the westerly monumented line of Rollins Road, THENCE South 00004027" West, along the most northerly west line of said WEST CROSSING PHASE 11, same being partially along a replat of WEST CROSSING PHASE 11, an addition to the City of Anna, as recorded in Volume 2020, Page 750, O.P.R.C.C.T., a distance of 262,725 to a 1/2" iron rod with a plastic cap stamped "GOODWIN" found for the southerly corner of the right—of—way dedication for County Road No. 370, some being the southeasterly corner of said Facundo tract, said corner also being an "ell" corner of said WEST CROSSING PHASE 11 (Vol. Z020, Pg. 467); THENCE North 08'03'06" West, along the common line between said Facundo tract and County Road No. 370 right—of—way, a distance of 265.10 to the POINT OF BEGINNING and containing 022 square feet or 0.113 acres of land, more or less. ABBREVIATIQNS � (u I.R.F. =Iron Rod Found NZdo (R.M.) =Reference Monument = 4 �;oo a....• MICHAEL B. ARTHUR C.I.R.F. = Capped Iron Rod Found •• 5686 C.i.R.S. = 1/2" k\� Iron rod with yellow plastic cap 9 ti�A 0AO stamped "RPLS 5686" set I�`'"•SlidQ�' M.R.C.C.T. = Map Records, Collin County, Texas D.R.C.C.T. = Deed Records, Collin County, Texas O.P.R.C.C.T. = Official Public Records, Collin County, Texas This metes and bounds description is accompanied by a survey pint of even date. Bearings are based on the Texas State Plane System, North Central Zone (4202)0 NAD$3. DATE: 09/06/2022 ABANDONMENT OF A PORTION OF REVISED: CQiJNTY ROAD NO, 370 0.113 ACRES IN TT3E North Texas Agreed and accepted: 0 Jose Facundo, Grantee Before me on this day personally appeared Jose Facunda, 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 yyf�L day of 2022. GI 1 t CHARLENE NEASE Notary Public in and for the State of Texas �lNotary Public, State of Texas +T Comm. Expires 02-07-2023 Notary ID 128513483 QUITCLAIM DEED Page 2 of 4, including exhibits