O-1544-10-971
97- 009aia1
ORDINANCE NO. 1544-10-97
AN ORDINANCE OF TAE CITY OF ALIEN, COVIN COUNTY, TEXAS,
ABANDONING ALL RIGHT, TITLE AND HTIERM IN AND TO ANGEL
DRIVE, BEING A 2.2351 ACRE TRACE OF LAND SITUATED IN THE
CATHERINE PARSONS SURVEY, ABSTRACT NO. 711, AND IN THE
MICHAEL SEE SURVEY, ABSTRACT' NO. 543, AND IN THE WILLIAM
PERRIN SURVEY, ABSI'RACr NO. 708, IN THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AND BEING BOUNDED ON THE NORTH BY
MCDERMOTT DRIVE; PROVIDING FOR THE CONVEYANCE THEREOF TO
THE ABUTTING PROPERTY OWNERS; QUITCLAIMING ALL RIGHT, TITLE
AND INTEREST' OF THE CITY OF ALIEN IN SUCH RIGHT-OF-WAY TO
ABUTTING PROPERTY OWNERS; AU7HORI23NG THE CITY MANAGER
TO EXECUTE ANY DOCUMENTS DEEMED NECESSARY; PROVIDING FOR
A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to law, has been requested
to abandon to abutting property owners all right, title, and interest in and to Angel Drive, being a 2.2351
acre tract of land situated in the Catherine Parsons Survey, Abstract No. 711, and in the Michael See
Survey, Abstract No. 543, and in the William Perrin Survey, Abstract No. 708, City of Allen, Collin
County, Texas, said right-of-way being more particularly described in Exhibit "A" attached hereto and
made a part hereof for all purposes; and,
WHEREAS, the City Council of the City of Allen has determined that there will be no further public
need for this right-of-way, and abandonment of said right-of-way and quitclaiming it to the abutting
property owners to the extent of the City's interests will best serve the public good and welfare and will
have no detrimental effect on the City of Allen; and,
WHEREAS, all required or existing utility easements shall remain.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL. OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: From and after the effective date of this Ordinance, all right, title, and interest of the
City of Allen, Texas, in and to Angel Drive, being a 2.2351 acre tract of land situated in the Catherine
Parsons Survey, Abstract No. 711, and in the Michael See Survey, Abstract No. 543, and in the William
Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, described in Exhibit "A" attached
hereto and made a part hereof for all purposes, shall be abandoned; and all right, title, and interest of
the City of Allen in and to the requested right-of-way shall be quitclaimed to the abutting property
owners in accordance with the City of Allen's respective interests. A certified copy of this Ordinance
may be recorded in the Collin County land records to reflect this abandonment and quitclaim. The City
Manager is hereby authorized to execute on behalf of the City of Allen, Texas, any instruments necessary
to complete the abandonment and quitclaim of the subject right-of-way by the City of Allen.
SECTION 2: The abandonment and quitclaim is without prejudice to any and all improvements,
facilities, equipment, or lines of any public utility, municipal or otherwise, if any, which are presently
located within any portion of the proposed abandoned right-of-way. Any such utility shall have the
continued right to locate, maintain, repair, reconstruct, preserve, or relocate improvements, facilities,
equipment, or lines in such portion of the abandoned street right-of-way.
SECTION 3: Grantee shall indemnify and hold harmless the City of Allen, utility companies or
departments from any or all claims, costs, losses, suits, andjudgments or damages resulting to any person
or to any property from the relocation, removal or adjustment of any or all such utilities or facilities,
v
040`, 01418
including water, sanitary sewer lines, gas lines, storm sewers, communication facilities and electrical
facilities if such relocation, removal or adjustment is made necessary by Grantee's use of the said subject
property. All such actions shall be at Grantee's expense, or its successors or assigns.
SECTION 4: The terms and conditions contained in this Ordinance shall be binding upon Grantee,
its successors and assigns.
SECTION 5: The City Council hereby finds and determines that the abandonment of the section of
right-of-way described in Exhibit "A" attached hereto is in the public interest of the City of Allen, Texas,
and its citizens, and will inure to the benefit of the public generally.
SECTION 6: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this Ordinance are severable; and if any phrase, clause,
sentence or section of this Ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this Ordinance; and the City Council
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SECTION 7: This Ordinance shall take effect from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen and it is accordingly so ordained.
DULY PASSED AND APPROVED BY THE CITY COUNCHLOF THE CITY OF ALLEN, TEXAS,
ONTHE16th DAYOF October 1997.
APPROVED:
t' -
:,r Stephen Terrell, MAYOR
'FD+I'`QRM= ATTEST:
If
A Don Crowder, Cff A J Morris n, CMC, U11 -Y SECRETARY
Ordinance No. 1544-10-97 Page 2
tOt•? 01!,19
ENTUBIT "A"
LEGAL DESCRIPTION
ANGEL DRIVE
97,361 SQ. FT. / 2.2351 ACRES
BEING a 2.2351 acre tract of land situated in the CATHERINE PARSONS SURVEY,
ABSTRACT NO. 711 and in the MICHAEL SEE SURVEY, ABSTRACT NO. 543 and in the
WILLIAM PERRIN SURVEY, ABSTRACT NO. 708 in the City of Allen, Collin County,
Texas, and being part of that tract of land dedicated to public right-of-way per plat recorded
in Cabinet I, Slide 529, Deed Records, Collin County, Texas (D.R.C.C.T.) and being part of
a 1.0479 acre tract of land dedicated to public right-of-way per plat recorded in Cabinet F,
Slide 564, D.R.C.C.T., and also being that tract of land dedicated for public right-of-way by
plat recorded in Cabinet C, Slide 374, D.R.C.C.T., and being more particularly described as
follows:
BEGINNING at a 1/2" iron rod found at the intersection of the south right-of-way line of F.M.
2170 (McDermott Drive) ( a variable width right-of-way) with the east right-of-way line of
Angel Drive ( an 80' right-of-way at this point ) and being the northwest corner of Allen
Central Addition, an addition to the City of Allen as recorded in Cabinet I, Slide 529,
D.R.C.C.T.
THENCE S 00 deg. 13 min. 48 sec. E, along the east right-of-way line of said Angel Drive, a
' distance of 202.05 feet to a 1/2" iron rod found for corner;
THENCE S 01 deg. 43 min. 12 sec. W, continuing along the east right-of-way line of said Angel
Drive, a distance of 200.12 feet to a 1/2" iron rod found for comer;
THENCE S 00 deg. 13 min. 48 sec. E, continuing along said east line, a distance of 578.53 feet
to a 1/2" iron rod found in the north line of a 1.00 acre tract of land, as conveyed to Texas
Power and Light Company, as recorded in Volume 745, Page 380, D.R.C.C.T.;
THENCE S 89 deg. 47 min. 36 sec. W, along the north line of the said 1.00 acre tract, a
distance of 32.62 feet to a 1/2" iron rod found for the northwest corner of said 1.00 acre tract
of land;
THENCE S 00 deg. 17 min. 01 sec. E, along the west line of said 1.00 acre tract, a distance of
208.72 feet to a 1/2" iron rod set for the southwest corner of said 1.00 acre tract of land;
THENCE N 89 deg. 47 min. 36 sec. E, along the south line of said 1.00 acre tract of land, a
distance of 38.07 feet to a 1/2" iron rod found for the northwest corner of a 1.00 acre tract of
land, as conveyed to Texas Utilities Electric Company, as recorded in County Clerk's File No.
97-0011730;
' THENCE S 02 deg. 01 min. 03 sec. E, along the west line of said 1.00 acre tract of land, a
distance of 20.70 feet to a 1/2" iron rod found for corner;
Q4!1't, i?1',20
j THENCE S 00 deg. 13 min. 48 sec. E, continuing along the west line of said 1.00 acre tract, a
Ldistance of 126.03 feet to a 1/2" iron rod found for the beginning of a curve to the right having
a central angle of 07 deg. 45 min. 25 sec., a radius of 640.00 feet and a chord which bears S 03
deg. 38 min. 55 sec. W, a distance of 86.58 feet;
THENCE southwesterly continuing along the said west line and along said curve, an are
distance of 86.65 feet to a 1/2" iron rod found for the point of tangency;
THENCE S 00 deg. 17 min. 01 sec. E, continuing along said west line, a distance of 0.82 feet
to a 1/2" iron rod found in the north right-of-way line of Allen Central Drive (a variablewidth
right-of-way )and being on a curve to the left having a central angle of 04 deg. 12 min. 50 sec.,
a radius of 1090.00 feet and a chord which bears N 80 deg. 43 min. 32 sec. W, a distance of
80.15 feet;
THENCE northwesterly, along the north right-of-way line of said Angel Drive and along said
curve, an are distance of 80.17 feet to a 1/2" iron rod found in the west right-of-way line of
said Angel Drive and being the beginning of a non -tangent curve to the left having a central
angle of 07 deg. 38 min. 13 sec., a radius of 560.00 feet and a chord which bears N 03 deg. 32
min. 29 sec. E, a distance of 74.59 feet;
THENCE northerly along the west right-of-way line of said Angel Drive the following thirteen
' ( 13 ) courses;
(1) Northeasterly, along the west right-of-way line ofsaid AngelDrive and along said curve,
an arc distance of 74.64 feet to a 1/2" iron rod found for corner;
( 2) S 89 deg. 34 min. 29 sec. E, a distance of 8.90 feet to a 1/2" iron rod found for corner
and being in a non -tangent to the left, having a central angle of 06 deg. 15 min. 22 sec.,
a radius of 574.38 feet, and a chord which bears N 04 deg. 41 min. 50 sec. W, a distance
of 62.69 feet;
(3) Northwesterly along said curve, an are distance of 62.72 feet to a 1/2" iron rod found
at the point of reverse curve, to the right having a central angle of 07 deg. 32 min. 30
sec., a radius of 639.38 feet and a chord which bears N 04 deg. 03 min. 16 sec. W, a
distance of 84.10 feet;
(4) Northwesterly along said curve, an are distance of 84.16 feet to a 1/2" iron rod found
for corner;
(5) S 89 deg. 42 min. 59 sec W, a distance of 7.00 feet to a 1/2" iron rod found for corner;
(6) N 00 deg. 17 min. 01 sec. W, a distance of 208.71 feet, to a 1/2" iron rod found for
' corner;
(7) N 89 deg. 42 min. 59 sec. E, a distance of 7.00 feet, to a 1/2" iron rod found at the
0401x? 01421
' beginning ora non -tangent curve to the right, having a central angle of 07 deg. 32 min.
30 sec., a radius of 639.38 feet and chord which bears N 03 deg. 29 min. 14 sec. E, a
distance of 84.10 feet;
(8) Northeasterly, along said curve, an arc distance of 84.16 feet to a 1/2" iron rod found
at the point of reverse curve, to the left, having a central angle of 07 deg 32 min. 30
sec., a radius of 574.38 and a chord which bears N 03 deg. 29 min. 14 sec. E, a distance
of 75.55 feet;
(9) Northeasterly, along said curve, an arc distance of 75.60 feet to a 1/2" iron rod found
for corner;
(10) N 00 deg. 17 min. 01 sec. W, a distance of 442.09 feet to a 1/2" iron rod found for
corner;
(11) S 89 deg. 49 min. 55 sec. W, a distance of 0.84 feet to a 1/2" iron rod found for corner;
(12) N 02 deg. 23 min. 05 sec. W, a distance of 177.23 feet to a 1/2" iron rod found for
corner;
(13) N 00 deg. 13 min. 48 sec W, a distance of 200.00 feet to a 1/2" iron rod found in the
south right-of-way line of said F.M. 2170 ( McDermott Drive) and being the beginning
of a non -tangent curve to the right having a central angle of 04 deg 26 min. 53 sec., a
radius of 738.51 feet and a chord which bears N 87 deg. 32 min. 45 sec. E, a distance
of 57.32 feet;
THENCE S 89 deg. 39 min. 36 sec. E, along the south right-of-way line of F.M. 2170
McDermott Drive), a distance of 22.60 feet to the POINT OF BEGINNING and containing
97,361 sq. ft. or 2.2351 acres of land.
7
LJ
AWIW�
CITY OF ALLEN
Memo
TO: on arty, City Manager
From: i , Director of Community Development
Date: October 7. 1997
Re: Abandonment of Angel Drive
BACKGROUND
The Stratford Group, along with TU Electric, has requested that Angel Drive right-of-way be
abandoned in order to support the development of a major retail center. This retail center
was detailed in another request on the Council's agenda for October 16, 1997. It is intended
that this right-of-way will become a private drive to the proposed retail center. All utilities will
be retained within easements.
State Law (Article 1016) provides that municipalities "upon submission of a petition signed by
all of the owners of real property abutting a street or alley, the governing body of any such
city or town shall also have the power, by ordinance, to vacate and abandon and close any
such street or alley." Therefore, the City Council may elect to honor the request from
Strafford Group with TU Electric to abandon and quitclaim the right-of-way of Angel Drive,
STAFF RECOMMENDATION
City staff recommends that the City Council consider the request from Stratford Group and
TU Electric to abandon the right-of-way to Angel Drive.
CITY COUNCIL ACTION
The City Council, at their October 16, 1997, meeting, should consider the request and
adoption of the attached ordinance.
STAFFINPUT
Memo
Ordinance
Letter from Stratford Group and TU Electric
• Page 1
ONEBUTLERCIRCLE ALLEN, TEXAS 75013
972/727-0100
SIRAIFORD
Btm Lam o Alto
•
it,
Dallis,
T Texas ]5]15
Tek: (21) 696-3663
06-6015
Fax: (214) 06-6015
Honorable Mayor Steve Terrell &
Members of the City Council
City of Allen
One Butler Circle
Allen, TX 75013
RE: Angel Drive ROW Abandonment
August 12, 1997
UG c0 1997
CITY OF ALLEtv
PUJM "p '
Dear Mayor Terrell & Members of the City Council:
Allen -Central, Ltd. along with TU Electric Company own all of the property fronting Angel Drive,
an unimproved street right-of-way running south from McDermott Drive.
As part of the proposed development of a major retail center on this property including a Home
Depot store, we request abandonment of the Angel Drive right-of-way. All existing or necessary utility
easements will remain. This abandonmentwill allow better utilization of the property for the proposed retail
center eliminating the requirement for setbacks from Angel Drive.
• As you may be aware, we have previously given the necessary right-of-way from our property for
the widening and improvement of McDermott, Bethany, Watters and Allen Central Drive.
TU Electric fronts on Allen Central Drive giving their property legal access. In addition, Allen -
Central, Ltd. and its successors will provide uninterrupted access to the TU substation viaroadways or drives
equal to or exceeding the quality and serviceability of the existing access to that facility.
Your earliest approval of this request will enable us to proceed with final site planning for the center.
Sincerely,
Allen -Central, Ltd.
David R. Denison
ACKNOWLEDGED AND AGREED:
TU ELECTRIC
• Rv, (See attached copy signed by TU)
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