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HomeMy WebLinkAboutOrd 380-2008 Vacating and Abandoning a portion of ROW County Rd 369.pdfCITY OF ANNA, TEXAS ORDINANCE NO. 380 - 2 6 6 8 AN ORDINANCE BY THE CITY OF ANNA, TEXAS, VACATING AND ABANDONING A PORTION OF THE 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 PROPERTIES; 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 Local Government Code; and WHEREAS, the City of Anna 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 Abandonment No. 1, Exhibit "A" and related Preliminary Plat attached hereto and incorporated herein by reference (the "Roadways'; and WHEREAS, the Anna City Council, after careful study and consideration, has determined that the hereinafter described portions of the right-of-way along County Road 369 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 County Road 369 rights-of-way, the City desires to execute a quitclaim deed releasing all of the City's title, ownership and control in said vacated and abandoned portions of the County Road 369 rights-of-way. NOW, THEREFORE, BE IT 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 following is hereby vacated and abandoned as right-of-way in the City of Anna save and except that such right-of-way is hereby reserved by the City of Anna as public utility easements: CITY OF ANNA, TEXAS ORDINANCE NO _ 0— 0 1 PAGE 1 OF 4 (a) Being all that certain lot, tract or parcel of land situated in the Martin Moore Survey, Abstract No. 649 in the City of Anna, Collin County, Texas and being part of County Road 369 and being more particularly described in Abandonment No. 1, Exhibit "A" and related Preliminary Plat attached 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 the abutting property owners all of the City of Anna's claims to title, ownership, or control of the herein described vacated and abandoned street rights-of-way and alleyways. 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 S. Effective Date This Ordinance shall be in full force and effect from and after its passage by the City Council, approval by the Mayor, and it is so ordained. PASSby the City Council of the City of Anna, Texas this day of _' 'J , 2006. ATTESTED: APPROVED: Ci Secretary, Natha Wilkisonyor, Kenneth Pelham CITY OF ANNA, TEXAS ORDINANCE NO._.3 Y0'. 00 PAGE 2 OF 4 Exhibit A 0.632 ACRE ABANDONMENT OF PORTION OF COUNTY ROAD NO. 369 SITUATED in Collin County, Texas, in the Martin Moore Survey, Abstract No. 649, being a survey of part of the 58.34 acre tract described in a deed from Jan Shelley Miller, at at, to Anna Independent School District, dated March 25, 2004, recorded in volume 5636, page 4109 of the Collin County deed records, being described by metes and bounds as follows: BEGINNING at a 318 -inch iron pin found by an old fence post at the southeast comer of said 58.34 acre tract, on the west side of county road no. 369(north-south rods road at this point); same being the southeast comer of a 4 acre tract recorded in volume 4625, page 759; THENCE North 1" 07'32' East, with the east line of said 58.34 acre . tract and generally near County Road No. 369, 311.84 feet to an "YWnch iron pin set for the PLACE OF BEGINNING; THENCE North 89°25'19" West, along the proposed north right-of-way line of County Road 370, 40.00 feet to an %-Inch iron pin set; THENCE North 01"07'32" East, 638.04 feet to a Yz4nch iron pin set in the proposed west right-of-way line of West Crossing Boulevard; same being in a curve, the radius point bears South 88" 52'28" East, 640.00 feet(radius); THENCE along said curve to the left in a southeast direction and with the proposed southwest right-of-way line of West Crossing Boulevard, an are length of 227A7 feet, a central angle of 20021'51", a chord direction of South 09'03'23" East and chord length of 226.27 feet to an YrInch iron pin set in the east line of said 58.34 acre tract; THENCE South 01 "07'32" West, with the east line of said 58.34 acre tract, 614.95 feet to the PLACE OF BEGINNING containing 0.632 acre. Surveyed April 17, 2008 Bruce Geer, Registered Profeaskmal Land Surveyor No. 4117 1514 N. McDonald Shiest (State Highway No. 5) McKinney, Texas 75071 (972)552-3959 (972) 542-5751 fax A survey map accompanles this legal description. Sheet 2 of 2 BEARING /I. ANNA VEST/2004 LTD, ANNA WEST/2004 LTD, / VOLUME 5660, PAGE 1766 PRtPOSIC Bo' R.dV. VOLUME 5680, PAGE 1775 DEDICATION FOR \ /pPO WEST CROSSING HDULEVAND VESt ✓/ ,� �y pR�"" PDDtSTOp / N 01.07'32' E C(tQS / 311.84' `pJ�p• ~ hi EXISTING PROPERTY LINE BEGINNING 01'07'32' W 614.95' — N 01-07'32' E 83D.04' - N 889'25.19' W ANNA IS.A PACE�41096 ABANDONMENT 0� PORTION OF i a I 50" PROPOSED R.O.W. COUNTY ROAD NO, 369 I COMMENCING SCALE V=103' 0.632 ACRE ( F1 ( 3/8 -INCH IRON PIN FDUND SOUTHEAST CDRNER HASI9 GEODETIC NORTH BY GPS 5834 ACRE TRACT LLING MONUMENTS, 1/2 -INCH IRON PIN FOUND AT NORTHEAST CORNER ( I JOSE 6 JOSEFINA 8-TNCH IRON PIN FOUND AT SOUTHEAST CORNER 58.655 ACRE. TRACT SHOWN HEREON.D I Z I\\ VIy_UNE625 O DENOTES AN L2 -INCH IRON PIN SET UNLESS OTHERWISE NOTED 414 I I \ PAGE 759 4 _.».«..sFy EXISTDYG PROPERTY IItE BRUCE GEER, R.P.L.S. NO, 4117 1514 N. NCDONALD STREEI(STATE HIGHWAY NO. 5) AICKINNEY, TEXAS 75071 PHONE 972-562-3959 FAX 972-542-5751 ABANDONMENT OF PORTION OF COUNTY ROAD NO, 369 0.632 ACRE IN THE MARTIN MOORE SURVEY, ABSTRACT NO 649, CITY GF ANNA, COLLIN COUNTY, TEXAS SHEET 1 OF