HomeMy WebLinkAboutOrd 562-2011 R-O-W Abandonment for Anna ISD.pdfCITY OF ANNA, TEXAS
AN ORDINANCE BY THE CITY OF ANNA, TEXAS, VACATING AND
ABANDONING PORTIONS OF THE RIGHTS OF WAY IN THE GWYNN
MORRISON SURVEY, ABSTRACT NO. 559 IN THE CITY OF ANNA, COLLIN
COUNTY, TEXAS AND BEING PARTS OF LAND OCCUPIED BY THE ANNA
INDEPENDENT SCHOOL DISTRICT; DECLARING THAT THE PROPERTIES
ARE UNNECESSARY FOR USE BY THE PUBLIC; AUTHORIZING THE MAYOR
OF THE CITY TO EXECUTE QUITCLAIM DEEDS RELEASING THE PUBLIC
OWNERSHIP INTEREST AND CONTROL IN THE PROPERTIES; PROVIDING
FOR SAVINGS, REPEALING AND SEVERABILITY CLAUSES; AND PROVIDING
FOR THE PUBLICATION OF THE CAPTION HEREOF AND EFFECTIVE DATE
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
_ • i # " i • i i # • • #
WHEREAS, in order to remove any question as to the continued interest or
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ANNA, TEXAS THAT:
Section 1. Recitals Incorporated
The above reds are hereby found and determined to be true and correct and are
incorporated in this section by reference.
Section 2. Vacated and Abandoned Rights of Way
-rhe following are hereby vacated and abandoned as rights of way in the City:
(a) Being all of the land described in Exhibits 1, 2, and 3.
Ord 562-2011 vacating R-U-W Anna 1SD 1 11-8-11
Section 3. Authorization
The Mayor of the City is hereby authorized and empowered to execute, on behalf of
the City, quitclaim deeds releasing to the abutting property owners all of the City's
claims to title, ownership, or control of the above -described vacated and abandoned
portions of the Roadways excepting that such rights of way are hereby reserved by
the City as public utility easements.
Section 4. Savings, Repealing and Severability Clauses
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. Publication of the Caption and Effective Date
This ordinance shall be effective upon its passage by the City Council, approval by
the Mayor, and publication of the caption as prescribed by law.
PASSED by the City Council of the City of Anna, Texas this 8th day of November 2011.
ATTESTED:
IT.) AV4L
City, ry, Natha Wilkison
J
s
i
APPROVED:
Ord. 562-2011 Vacating R-O-W Anna ISD 2 11-8-11
Abandonment No.1
1AMMOINOM
Abandonment No. 2
EXHIBITS"2"
Abandonment No. 3
Ord 562 2011 Vacating R-O-W Anna ISD 3 11-8-11
O DENOTES AN 'X' IN CONCRETE SET UNLESS ❑THERWISE NOTED
A LEGAL DESCRIPTION ACCOMPANIES THIS SURVEY MAP
7TH STREET
VOLUME 21, PAGE 368
C❑LLIN CO. DEED RECORDS
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%.ST ¢'9 ANNA INDEPENDENT 0.376 ACRES
SCH❑❑L DISTRICT 16,400 SQUARE FEET
8r2UCE GEER BEARING BASIS: CENTER OF RIGHT-OF-WAY MAP OF
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51le ABANDONMENT OF 2 ALLEYS
BRUCE GEER, R.P.L.S, NO, 4117 IN BLOCK 16 AND A 40 FOOT
1514 N. MCDONALD STREET WIDE STREET R.O.W. ON THE
(STATE HWY. NO. 5)
MCKINNEY, TEXAS 75071 SOUTH OF AND ADJACENT TO
PHONE 972-562-3959 BLOCK 16 IN THE TOWN OF ANNI
FAX 972-542-5751 SHEET 1 OF 2 r•nl 1 TAI rInl iklry rry w Cl
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ABANDONMENT OF 2 ALLEYS IN BLOCK 16 AND A 40 FOOT WIDE STREET RIGHT-OF-WAY ON THE SOUTH
OF AND ADJACENT TO BLOCK 16 IN THE TOWN OF ANNA, COLLIN COUNTY, TEXAS
0.376 ACRE (16,400 SQUARE FEET)
SITUATED in the town of Anna, Collin County, Texas, being a survey of the 2 alleys in Block 16
and a survey of the 40 foot wide street right-of-way on the south of and adjacent to said Block 16 in the
Town of Anna, Texas, 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 PK nail set at the southwest corner of Block 16, at the southwest corner of
Lot 1 and in the East right-of-way line of the D.A.R.T. Railroad;
THENCE South 8801331" East, with the south line of said Lot 1 and the north right-of-way line of
said 40 foot wide street, 115.00 feet to a point at the southeast corner of said Lot 1 and in the west line
of a 20 foot alley;
THENCE North 01°46'29" East, with the east line of Lots 1,2,3,4 and 5 of said Block 16 and with
the west line of said alley, 250.00 feet to a 1/2" iron pin set at the northeast corner of Lot 5, in the south
line of 7`h Street according to said map of the Town of Anna recorded in volume 21, page 368;
THENCE South 88°13'31" East, with the south right-of-way line of said 7th Street, 20.00 feet to a
1/2" iron pin set at the northwest corner of Lot 6, Block 16;
THENCE South 01°46'29" West, with the west line of said Lot 6 and with the east line of said
alley, 115.00 feet to an "X" set in concrete at the southwest corner of said Lot 6;
THENCE South 88°13'31" East, with the south line of Lots 6 and 7, Block 16 and the north line of
said alley, 100.00 feet to an "X" set in concrete at the southeast corner of said Lot 7 and in the east line
of Block 16;
THENCE South 01°46'29" West, with the east line of said Block 16, 20.00 feet to an "X" set in
concrete at the northeast corner of Lot 8, Block 16;
THENCE North 88'13'31" West, with the north line of Lots 8 and 9, Block 16 and with the south
line of said alley, 100.00 feet to an "X" set in concrete at the northwest corner of said Lot 9;
THENCE South 01°4629" West, with the west line of said Lot 9 and with the east line of said
alley, 115.00 feet to a point at the southwest corner of said Lot 9;
THENCE South 88°13'31" East, with the south line of said Lots 9 and 8 and with the north right-
of-way line of said 40 foot wide street, 100.00 feet to a an "X" set in concrete at the southeast corner of
said Lot 8 and the southeast corner of said Block 16;
THENCE South 01°46'29" West, with the west end of said 40 foot wide street right-of-way, 40.00
feet to an "X" set in concrete at the southeast corner of said 40 foot wide street right-of-way;
THENCE North 88°1331" West, with the south right-of-way line of said 40 foot wide street,
235.00 feet to a PK nail set at the southwest corner of said 40 foot wide street right-of-way, in the east
right-of-way line of said D.A.R.T. Railroad;
THENCE North 01°46'29" East, with the east right-of-way line of said D.A.R.T. Railroad right-of-
way, 40.00 feet to the PLACE OF BEGINNING and containing 0.376 acre or 16,400 square feet.
Surveyed January 16, 2009
Bruce Geer, Registered Professional Land Surveyor No. 4117
1514 N. McDonald Street (State Highway No. 5)
McKinney, Texas 75071
(972) 562-3959
(972) 542-5751 fax
A survey map accompanies this legal description.
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ABANDONMENT OF PART OF 7TH STREET RIGHT-OF-WAY
TOWN OF ANNA, COLLIN COUNTY, TEXAS
0.051 ACRE (2255 SQUARE FEET)
SITUATED in the town of Anna, Collin County, Texas, in the Gwynn Morrison Survey, Abstract
No. 559, being a survey of part of the 50 foot wide right-of-way mentioned in deed from A. Sherley to J.
A. Smith recorded in volume 55, page 364 of the Collin County deed records, being described by metes
and bounds as follows:
COMMENCING at a P.K. nail set at the northeast corner of Block 16 of the Town of Anna,
according to the map thereof recorded in volume 21, page 368; THENCE South 1°46'29" West, with the
east line of said Block 16, 20.00 feet to an "X" chiseled in concrete set for the PLACE OF BEGINNING;
THENCE South 88°13'31" East, 166.69 to an %-inch iron pin set;
THENCE South 01°28'43" West, 15.23 to an %-inch iron pin set at the northeast corner of the 1
acre tract recorded in said volume 55, page 364; same being in the south line of said 50 foot wide right-
of-way;
THENCE North 87°03'25" West, with the north line of said 1 acre tract and the south line of said
50 foot wide right-of-way, 166.80 to an "X" chiseled in concrete set in the east line of said Block 16;
THENCE North 01°46'29" East, with the east line of said Block 16, 11.83 to the PLACE OF
BEGINNING and containing 0.051 acre or 2255 square feet.
Surveyed January 16, 2009
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Bruce Geer, Registered Professional Land Surveyor No. 4117
1514 N. McDonald Street (State Highway No. 5)
McKinney, Texas 75071
(972) 562-3959
(972) 542-5751 fax
A survey map accompanies this legal description.
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ABANDONMENT OF EXTENSION OF EIGHTH STREET RIGHT-OF-WAY
TOWN OF ANNA, COLLIN COUNTY, TEXAS
0.126 ACRE (5506 SQUARE FEET)
SITUATED in the town of Anna, Collin County, Texas, in the Gwynn Morrison Survey, Abstract
No. 559, being a survey of part of the land occupied by the Anna Independent School District, being
described by metes and bounds as follows:
COMMENCING at an %-inch iron pin found at the inside corner of the 1.228 acre tract recorded
in volume 2604, page 334 and the northwest corner of the 0.3359 acre tract recorded in volume 3354,
page 313, both deeds of the Collin County deed records; same being on the boundary of the A.I.S.D.
Boundary Line Agreement that is unrecorded and signed by A.C. Mosby, Superintendent of Anna
Independent School District on June 7,1991, signed by Edward M. Flanery on February 22, 1991, signed
by Harold Hendricks on June 4, 1991, signed by S.L. Smith on February 22, 1991, signed by Virgil D. Evans
on March 4, 1991 and signed by Bruce Geer, Registered Public Surveyor on February 21, 1991; THENCE
South 00°50'54" West, with the boundary of said A.I.S.D. Boundary Line Agreement, with an east line of
said 1.228 acre tract and generally near a fence, 124.29 feet to an %Z-inch iron pin found at the south-
southeast corner of said 1.228 acre tract; THENCE South 00°22'58" East, with said Boundary Line
Agreement and generally near a fence, 73.50 feet to an Y-inch iron pin set for the PLACE OF BEGINNING;
THENCE with said Boundary Line Agreement as follows:
South 00°22'58" East, 1.40 feet to an %-inch iron pin found;
South 02°06'29" East, 21.89 feet to an one inch iron pin found;
THENCE North 88'10'04" West, 237.81 feet to an "X" chiseled in concrete set;
THENCE North 01°56'51" East, 23.24 feet to an "X" chiseled in concrete set;
THENCE South 88°10'04" East, 236.20 feet to the PLACE OF BEGINNING and containing 0.126
acre or 5506 square feet;
Surveyed January 16, 2009
Bruce Geer, Registered Professional Land Surveyor No. 4117
1514 N. McDonald Street (State Highway No. 5)7
McKinney, Texas 75071
(972) 562-3959 �k S T E��®®
(972) 542-5751 fax ®a'
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.621
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 bargain, sell, convey and
forever quitclaim unto: Anna Independent School District ("Grantees"), property owner of a parcel of land
situated in the Gwynn Morrison Survey, Abstract No. 559 and the Henry Brantley Survey, Abstract No. 71 in the
City of Anna, Collin County, Texas, more particularly described by metes and bounds in Exhibit "1", "2"
and Exhibit "3" 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.
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 9th day of November, 2011 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. 562-2011.
CITY OF NNA, T S
By:
Darren R ADriskeN-,Ad&pf
Before me on this day personally appeared Kenneth Pelham, 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 16- day of A",.201 1.
My Publi ic in a9d for the State of Texas
1 1; My Cornrni3sion Expires
11/1312013
QUITCLAIM DEED — r-o-w abandonment anna isd page 1 of 1 11-08-11