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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' v " "' ~ v 0 "' II "' ~ "' a: v-~ -t >::. 2"fil o~ "' 0 II => > 6 "' u ~II co.. o::. -ii 0 I v e :g Li:: c 0 42 LL v ~~ o(I) 0.. >-~~ = .8 Tr] o.. II __,I "' v VJ 0 VJ 0.. 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' "' " "' "' 0 " 1.E II ::;: :'5. " a: <V-> 0 C"ii> >:,; 2-s o~ " 0 II => > " 0 u ~II co._ 0::;: -i;u I "' e :g Li'. c 0 4~ LL "' ~~ OUJ "->-~~ ~B :.:; 'c 0 II UJ o.. II --'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'