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O-1380-11-95ORDINANCE NO. 1380-11-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN AND TO A PORTION OF THE BIRCH STREET RIGHT-OF-WAY SITUATED IN ORIGINAL DONATION, ABSIRACT 758, JAMES L. REED SURVEY, BOUNDED BY BLOCK 3 ON THE WEST, BLOCK 14 ON THE EAST, MAIN STREET ON THE NORTH, AND BELMONT DRIVE ON THE SOUTH IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR THE CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING FOR THE TRANSFER OF RESPONSIBILITY AND MAINTENANCE OF A SECTION OF A SANITARY SEWER LINE; PROVIDING FOR THE CONSTRUCTION OF A MANHOLE; QUITCLAIMING ALL RIGHT, TITLE AND IN`I EREST OF THE CITY OF ALLEN IN SUCH RIGHT-OF-WAY TO ABUTTING PROPERTY OWNERS; AUTHORIZING 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, acting pursuant to state law, has been requested to abandon to abutting property owners all right, title and interest in and to the Birch Street right-of-way that is bounded by Block 14 on the east, Block 3 on the west, Main Street on the north, and Belmont Drive on the south of the Original Donation, James L. Reed Survey, Abstract No. 758, in the City of Allen, Texas, consisting of 19,504.46 square feet (.448 acres), 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 that 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, the First Baptist Church of Allen has agreed to assume ownership and maintenance of the sanitary sewer that services the property at 102 E. Main, otherwise known as the Allen Flower and Gift Shop; and, WHEREAS, the First Baptist Church of Allen will construct a manhole that is to be generally located between the property line of the First Baptist Church of Allen and the west curb on Cedar Drive and between Main Street and Belmont Drive; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: From and after compliance with the requirements hereinafter set forth, all right, title and interest of the City of Allen, Texas, in and to that portion of the Birch Street right-of-way 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 liens 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 and judgments or damages resulting to any person or to any property from the relocation, removal or adjustment of any or all such utilities or facilities, 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 ownership and maintenance of a six (6) inch sanitary sewer line that is located west of Cedar Drive and serves the property located at 102 E. Main, otherwise known as the Allen Flower and Gift Shop, shall become the responsibility of Grantee. Grantee shall construct a manhole that is to be in conformance with the City of Allen Water and Sanitary Sewer Standard Construction Details. The general location of the said sanitary sewer manhole shall be between Belmont and Main Street and between the west curb of Cedar Drive and the property line. The specific location of said manhole shall be mutually decided by the City of Allen and the First Baptist Church of Allen. The manhole shall become the property of the City of Allen; and the First Baptist Church of Allen, and its successors, shall assume ownership and responsibility of any portion of the sewer line that is west of said manhole. SECTION 5: The abandonment of the street right-of-way by the City of Allen shall not take place until such time as the manhole is constructed and accepted by the City of Allen. SECTION 6: The terms and conditions contained in this ordinance shall be binding upon Grantee, its successors and assigns. SECTION 7. The City Council hereby finds and determines that the abandonment of the of the street 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 8: 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. SF,CTION 9: 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 COUNCIL OF THE CTTY OF ALLEN, TEXAS, ON THE 2m DAY OF NOVEMER , 1995. APPROVED: Joe Farmer, MAYOR APPRO AS TO FORM: ATTR; d� A. er,A RNEY 14dy M n, CMC, CITY SECRETARY Ordinance No. 1380-11-95 Page 2 aEGINNI � TRACT II I N 1D' 05' 75" W 75000' I NAIL a^ `� -T- _ui,NNlf E'CT II In, I I MAIN BE INNING ;TRACT IV 5 l5'0' 00' E 10000' 5 l8' 0O' 00• E '500' y f•�... _ T`3i8" 173/8• IRF. I i ULF i I = 3/D' IRF LME OF I 'I •f I I ©I 3 I w i•. I I I Iw; 3/8' IRF i j W ry ` IRF.— I I I ONE STOR" I } w i 0 H STREE+ z BEGINNING .� TRACT 5 T1' 59' 14' E 249.91' •3/e'IRF Il1C (\ �._. _._ _--._._ _��_•—_ 10* SANITARY SELLER EASEMENT_ -1 ZI y viiv� r+�,Icc:+r i I� I = 3/D' IRF LME OF I 'I •f I I TRACT IV . _ _. 'N gg I w i•. I I I 3/8' IRF i j �j PARKING AREA TRACT IV ` IRF.— I I I ONE STOR" I } w i �_I 'Iry BUILC114 I I• Craac cr ow y t I' 4i 1150000 5GL FT. II " 1 '' , I ( PAR<ING ZI y viiv� r+�,Icc:+r i I� I = 3/D' IRF LME OF I T ME TRTRACTT I- TRACT IV . _ _. 'N r 15' 00' 00' W 100190' 3/8' IRF i j t -7-7 _ _ _ _ _ _ _ _ _ —— - l ` IRF.— SEWER LME — _ _ — _ _ _ _ I I I ONE STOR" �_I 'Iry BUILC114 I I• y t I' CNE STOR" I H II h TM BUILDP, y I I BLOCK 3 I L` (AREA AS BODED BY STET ON HE LUEST, B RCH STREET ON EAST. I MAIN STREET ON THE NORTH, 1 ' BELHON7 STREET AJ THE SOIfTH, i I 75100000 $0. FT. LINE OF / AMD MI INCLUDINS TRACTS III D IV) (0514 ACRES) TRACT n:— 6750000 Sa FT. (1.435 ACRES) • • N l5' 00' 470• W 17500' �3:5' IRF. BELMONT O_TRDDIMICCB 230. 1380-11-95 DMIBIT "All AREA 1 1-5EUER LINE — - RAM? a74'x50' EXISTINW, WOOD FRAME HOUSE TO BE MOVE6 L 3/6' - - — - - -- 5E' -FR LME — - - LOT 1-R BLOCK 14 TH&C"T � 67,50000 50. FT (L1435 ACRES) FVG ALLEN TWO STORY BRICK CI-0.;RLN BORCH STREETEXPANSDON I I J C J (AREA AS BANDED BY BLOCK 1 ON THE IST, V R DLOOC 14 ON THE EAST. I VE MAIN STREET ON THE NORTH, AND BELMONT STREET ON THE SOUTH. 19,904,46 SGL FT. ` (0.448 ACRES) AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1380-11-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on November 8 & November 11, 1995 and which was issued on November 8. 1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. SUBSCRIBED AND SO N to before me this A day A.D. 19 1-a- NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 4 6 . 7 6 V. A. TODD •: MY COMMISSION EXPIREES Decomber 5, 1995 CITY OF ALLEN PUBLIC NOTICE + Notice is hereby given that the Allen City Council adopted the following or- dinance at their regular meeting held on Thursday, November 2, 1995 (Title only:) Ordinance No. 1380-11-95: An Ordi- nance�Fe--C7Fo en, o m County, Texas, Abandoning All Right, Title and In- terest in and to a Portion of the Birch Street Right -of -Way Situated in Original Donation, Abstract 758, James L. Reed Survey, Bounded by Block 3 on the West, Block 14 on the East, Main Street on the North, Belmont Drive on the South of the City of Allen, Collin County, Texas, Pro- viding for the Conveyance Thereof to the abutting Property Owner; Providing for the Transfer of Responsibilty and Mainte- nance of a Section of a Sanitary Sewer ' Line; Providing for the Construction of a Manhole; Quitclaiming All Right, Title, and Interest of the City of Allen in Such Right - of -Way to Abutting Property Owners; Au- thorizing the City Manager to Execute any Documents Deemed Necessary; Provid- ing for a Severability Clause; and Provid- ing for an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Sec- retary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen I City Council adopted the following ordi- nance at their regular meeting held on Thursday, November 2, 1995 (Title only:) Ordinance No. 1380-11-95: An Ordi- nance oTfFe—Cify o en, o m County,1 Texas, Abandoning All Right, Title and In -11 terest in and to a Portion of the Birch! Street Right -of -Way Situated in Original Donation, Abstract 758, James L. Reed Survey, Bounded by Block 3 on the West, Block 14 on the East, Main Street on the North, Belmont Drive on the South of the City of Allen, Collin County, Texas, Pro-, viding for the Conveyance Thereof to the abutting Property Owner; Providing for the Transfer of Responsibilty and Mainte- nance of a Section of a Sanitary Sewer Line; Providing for the Construction of a Manhole; Quitclaiming All Right, Title, and Interest of the City of Allen in Such Right - of -Way t&Abutting Property Owners; Au- thorizing the City Manager to Execute -any l5ocuments Deemed Necessary; F'rowd- i ing for a Severability Clause; and Provid- ing for an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Sec- retary, City of Allen, One Butler Circle, Allen, Texas 75013. /s/Judy Morrison •" City Secretary