HomeMy WebLinkAboutOrd 706-2015 Abandoning ROW on CR422.pdfCITY OF ANNA, TEXAS
ORDINANCE NO. 706-2015
AN ORDINANCE BY THE CITY OF ANNA, TEXAS, VACATING AND ABANDONING
A PORTION OF PRESCRIPTIVE RIGHT-OF-WAY IN THE GRANDISON STARK
SURVEY, ABSTRACT NO. 798 IN THE CITY OF ANNA, COLLIN COUNTY, TEXAS;
DECLARING THAT SAID RIGHT OF WAY IS UNNECESSARY FOR USE BY THE
PUBLIC; AUTHORIZING THE MAYOR OF THE CITY TO EXECUTE A QUITCLAIM
DEED RELEASING THE PUBLIC'S RIGHT, TITLE AND INTEREST IN A CERTAIN
PORTION OF SAID RIGHT OF WAY; 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 municipality 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 City Council ("City Council") recognizes the need to
vacate and abandon a portion of right-of-way 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. The above recitals are hereby found and determined to be true and
correct and are incorporated in this section by reference.
Section 2. The Right of Way, as further described in the attached in 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. 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 all of the
City's right, title and interest of a certain portion the Right of Way, said portion being
CITY OF ANNA, TEXAS ORDINANCE NO. 706-2015 Page 1 of 2
further described in a Quitclaim Deed, the form of which is attached hereto as Exhibit
"C."
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 5. This Ordinance shall be in full force and effect from and after its passage
by the City Council, and approval by the Mayor, and it is so ordained.
PASSED AND APPROVED by the City Council of the City of Anna, Texas this-"-"'---
Mayor, Mike Crist
CITY OF ANNA, TEXAS ORDINANCE NO. 706-2015 Page 2 of 2
Prescriptive Right-of-Way Abandonment
6,517 Square Feet or 0.150 Acre
Grandison Stark Survey, Abstract No. 798
Collin County, Texas
July 14, 2014
Exhibit A
Metes if: Bounds Descrtption
SITUATED in the State of Texas and County of Collin, being part of the Grandison Stork Survey,
Abstract No. 798, and being port of County Rood 422 (Prescriptive Right-of-Woy) with said premises
being more particularly described as follows:
COMMENCING at a ~-inch iron rod found marking the southwest corner of a called 19.211 acre
tract as recorded under Document No. 20060419000521020 of the Collin County Land Records and
the southeast corner of Cunningham's 19.211 acre tract as recorded in Volume 4802, Page 3431 of
the Collin County Land Records;
THENCE with the west line of said 19.211 acre tract and the east line of Cunningham's 19.211
acre tract, North 10'31'22" East, 1,495.77 feet to a ~-inch iron rod found in the south line of
County Rood 422 (Prescriptive Right-of-Way) marking the northwest corner of said 19.211 acre tract
and the northeast corner of Cunningham's 19.211 acre tract;
THENCE with the south line of County Rood 422 and the north line of said 19.211 acre tract,
South 88'37'16" East. 75.70 feet to a Glos copped iron rod set in the curving south right-of-way
line of proposed Taylor Drive (80' Right-of-Way) marking the POINT OF BEGINNING for the herein
described premises, and the beginning of a curve to the left;
THENCE with the curving south right-of-way line of said Taylor Drive and the west line of said
premises, northeasterly along said curve through a central angle of 5' 14' 49" for an ore distance of
82.42 feet and having a radius of 900.00 feet (chord = North 76'41'01" East, 82.39 feet) to a Glas
copped iron rod set in the approximate center of County Rood 422 marking the end of said curve
and the northwest corner of said premises;
THENCE with the approximate center of County Road 422 and the north line of said premises,
South 88'28'37" East, 279.03 feet to a Glos copped iron rod set marking the northeast corner of
said premises;
THENCE with the east line of said premises, South 00'52'44" West, 20.20 feet to a Glos copped
iron rod set marking the northeast corner of the aforementioned 19.211 acre tract;
THENCE with the north line of said 19.211 acre tract and the south line of said premises, North
88'37'16" West, 358.90 feet to the point of beginning and containing 6,517 square feet or 0.150 acre
of land.
Drawings \2014 \AC00085.dw
a\ Glas Land Surve,ying W 2114 FM 1563, Wolfe City, Texas 75496
Office: (903) 496-2084
www. glas/andsurveying. com
TBPLS Firm No. 1OJ939 70
ORDINANCE 706-2015 Prescriptive Right of Way -CR 422
Prescriptive Right-of-Way Abandonment
6, 517 Square Feet or 0. 150 Acre
Grandison Stark Survey, Abstract No. 798
Collin County, Texas
July 14, 2014
Anno Town Center No. 4\SHRP, Ltd
Called 129.92 Acres (Tract !)
Vol. 563 !, Pg. 2600, CCLR
Exhibit B
Lone Stor Gos Easement
(No Width Specified) /f
Vol. 280, Pg. 242, CCLR ~/
Vol. 280, Pg. 246, CCLR
{Location based on Gas Markers
os localed in the field] /f
1.E
~
Scale: 1"=100'
Proposed
Taylor Drive County Road 422
{Rock Rood)
. ,
L4
I barbed-wire fnc.
!f 0
I 6,517 Sq.Ft. or 0.150 Acre
Part of County Road 422
(Prescriptive Right-of-Way)
Tommy & Genoveva Cunningham
Called J 9.2 J J Acres
Doc./ 200604 J 900052 J 020, CCLR
LINE BEARING
L1 S88'37'16"E
L2 S88'28'37"E
L3 soo· 52 • 44"W
L4 N88'37'16''W
DISTANCE
75.70'
279.03'
20.20'
358.90'
Notes: 1) Survey was performed without the benefit
of a title commitment. 2) Subject property affected
by any or all easements of record. 3) Source
bearing is based on GPS North as observed on July
31, 2013. 4) CM is a controlling monument. 5) Glas
capped iron rods set at all property corners. Drawin s 20 I 4 AC00085. dw
a\ Glas Land Surve,ying W 2 ! ! 4 FM ! 563, Wolfe City, Texas 75496
Office: (903) 496-2084
www.glaslandsurveying.com
TBPLS Firm No. ! 0 ! 939 70
ORDINANCE 706-2015 Prescriptive Right of Way -CR 422
C1
R=900.00'
L=82.42'
Tan=41.24'
.IJ.=5°14'49"
Chord=Nl6°41'01"E
Chord Length=82.39'
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Exhibit C
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")
111 North Powell Parkway, Anna, Texas 75409, Collin County, Texas, does hereby forever quitclaim
to Tommy and Genoveva Cunningham ("Grantee," whether one or more), all of Grantor's right, title,
and interest in land situated in the City of Anna, Collin County, Texas, in the Grandison Stark survey,
abstract no. 798, being a .150 acre of prescriptive right of way as more particularly described in the metes
and bounds description and the survey respectively attached hereto as Exhibit "1" and Exhibit "2" and
made a pmi hereof for all purposes.
TO HA VE 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.
. t 11" f1 1 . EXECUTED this V day of ~1 trlJ-r iYI? hi{;/r . , 2015 by the Mayor of the City of
Anna in accordance with the authority granted him by the City Council of the City of Anna, Texas
through passage of City of Anna Ordinance "t;J~111 706-2015 \~\\\\\fl! ' ,,,,,l ,,~. 0 F A 111~
CITY OF ANN. A, TEY-1 ;'''L"{ •. . .. J1f ,,':>,, d ~ ...... ... ·· ... ,, "' -~i'"':Vu· . ;,e ~ .,,,;: v.· •,., ~
By /ti~~~ ( ·1 f
:r?l:ike Crist, Mayor ~' i.· ':, : * 'ff
~· I» .• ..._ ~ . : ~ -;;.\ * ..... ..· -k $ ,~ ····•"'" ·~
Before me on this day persontrtr1.ljf #,.~~~'Crist, known to me to be the person whose name
is subscribed to the foregoing instrnment ~H.H'M6filli.'6wledged to me that he is the Mayor of Anna, Texas,
he acted on and by the authority of the City Council and executed this Quitclaim Deed for the purposes
and consideration therein expressed.
ORDINANCE 706-2015
CARRIE L. SMITH ·· v Public. State of T~~c:
::ommlsslon Explrtt~
,anuarv 27. 2019 Notary Public in and for the State of Texas
Prescriptive Right of Way -CR 422
Prescriptive Right-of-Way Abandonment
6,517 Square Feet or 0. 150 Acre
Grandison Stark Survey, Abstract No. 798
Collin County, Texas
July 14, 2014
Exhibit 1
Metes cf: Bounds Descrjption
SITUATED in the State of Texas and County of Collin, being part of the Grandison Stark Survey,
Abstract No. 798, and being part of County Road 422 (Prescriptive Right-of-Way) with said premises
being more particularly described as follows:
COMMENCING at a ~-inch iron rod found marking the southwest corner of a called 19.211 acre
tract as recorded under Document No. 20060419000521020 of the Collin County Land Records and
the southeast corner of Cunningham's 19.211 acre tract as recorded in Volume 4802, Page 3431 of
the Collin County Land Records;
THENCE with the west line of said 19.211 acre tract and the east line of Cunningham's 19.211
acre tract, North 10'31 '22" East, 1,495.77 feet to a ~-inch iron rod found in the south line of
County Road 422 (Prescriptive Right-of-Way) marking the northwest corner of said 19.211 acre tract
and the northeast corner of Cunningham's 19.211 acre tract;
THENCE with the south line of County Road 422 and the north line of said 19.211 acre tract,
South 88'37'16" East, 75.70 feet to a Glas capped iron rod set in the curving south right-of-way
line of proposed Taylor Drive (80' Right-of-Way) marking the POINT OF BEGINNING for the herein
described premises, and the beginning of a curve to the left;
THENCE with the curving south right-of-way line of said Taylar Drive and the west line of said
premises, northeasterly along said curve through a central angle of 5'14' 49" for an arc distance of
82.42 feet and having a radius of 900.00 feet (chord = North 76'41'01" East, 82.39 feet) to a Glas
capped iron rod set in the approximate center of County Road 422 marking the end of said curve
and the northwest earner of said premises;
THENCE with the approximate center of County Road 422 and the north line of said premises,
South 88'28'37" East, 279.03 feet to a Glas capped iron rod set marking the northeast corner of
said premises;
THENCE with the east line of said premises, South 00'52' 44" West, 20.20 feet to a Glas capped
iron rod set marking the northeast corner of the aforementioned 19.211 acre tract;
THENCE with the north line of said 19.211 acre tract and the south line of said premises, North
88'37'16" West, 358.90 feet to the point of beginning and containing 6,517 square feet or 0.150 acre
of land.
Drawings\ 2014 \AC00085. dwg
a'J Glas Land Surve,ying W 2114 FM 1563, Wolfe City, Texas 75496
Office: (903) 496-2084
www. g/as/andsurveying. com
TBPLS Firm No. 101939 70
ORDINANCE 706-2015 Prescriptive Right of Way -CR 422
Prescriptive Right-of-Way Abandonment
6,517 Square Feetor0.150Acre
Grandison Stark Survey, Abstract No. 798
Collin County, Texas
July 14, 2014
Anna Town Center No. 4 \ SHRP, Ltd. Exhibit 2 Called 129.92 Acres (Tract I)
Vol 563 !, Pg. 2600, CCLR
Lone Star Gas Easement
(No Width Specified) J
Vol. 280, Pg. 242, CCLR ~/
Vol. 280, Pg. 246, CCLR
[Location based an Gas Markers
os localed in the field} J
~
Scale: 1"=100'
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--'I Proposed
Taylor Drive County Road 422
{Rock Rood)
"' "'(/) oUl
0..
J
I 6,517 Sq.Ft. or 0.150 Acre
Part of County Road 422
(Prescriptive Right-of-Way}
Tommy & Genoveva Cunningham
Called !9.2 I I Acres
Doc./ 200604 I 900052 I 020, CCLR
LINE BEARING
L1 S88°37'16"E
L2 S88°28'37"E
L3 soo·52' 44"W
L4 N88" 37' 16"W
DISTANCE
75.70'
279.03'
20.20·
358.90'
Notes: 1) Survey was performed without the benefit
of a title commitment. 2) Subject property affected
by any or all easements of record. 3) Source
bearing is based on GPS North as observed on July
31 , 2013. 4) CM is a controlling monument. 5) Glas
capped iron rods set at all property corners. Orawin s\2014\AC00085.d~
a'\ Glas Land Surve_ying W 2114 FM 1563, Wolfe City, Texas 75496
Office: (903) 496-2084
www.glaslandsurveying.com
TBPLS Firm No. 1O1939 70
ORDINANCE 706-2015 Prescriptive Right of Way -CR 422
C1
R=900.00'
"'-(/) 0
L=82.42' ~
Tan=41.24' IB
/J.=5°14'49" ._J
Chord=Nl6°41 '01 "E
Chord Length=82.39'