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