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HomeMy WebLinkAboutO-1662-12-98RERECORDED - (CORRECTED EXHIBITS) ORDINANCENO. 1662-12-98 y_ 0124005 ' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS ABANDONING ALL RIGHT, TITLE AND INTEREST IN THE PORTION OF BELMONT STREET LOCATED BETWEEN EXISTING BIRCH STREET AND CEDAR DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHBTT "A" ATTACHED HERETO; ABANDONING THE PORTION OF BIRCH STREET LOCATED BETWEEN MAIN STREET AND EXISTING BELMONT DRIVE AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT `B" ATTACHED HERETO; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF ALLEN, TEXAS AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT; ALTTHOR17.ING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to State law and upon request of the abutting property owner, First Baptist Church of Allen hereinafter referred to as Grantees, deems it advisable to abandon and quitclaim the hereinafter described rights-of-way to Grantee, and is of the opinion and finds that said rights-of-way are not needed for public use and should be abandoned and quitclaimed to Grantee, subject to the reservations and conditions of this Ordinance; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. That the City of Allen, Texas hereby abandons and quitclaims in favor of the First Baptist Church of Allen, the abutting property owner, the portion of Belmont Street located between existing Birch Street and Cedar Drive and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes, and that the portion of Birch Street between Main Street and existing Belmont Drive and being more particularly described in Exhibit "B" attached hereto and made a part hereof for all purposes. SECTION 2. That the aforesaid street rights-of-way and alley surfaces are abandoned, vacated and closed insofar as to right, title and interest of the public to such surfaces are concerned. That the City of Allen, Texas does not abandon any other interest other than that described in Exhibits "A" and 'B" but does hereby abandon all of its right, title and interest in and to those rights-of-way described in Exhibits "A" and "B", either in fee simple or by easement or otherwise, together with any and all improvements thereon, subject to the limitations and reservations stated herein. SECTION 3. Upon the approval of a replat of Block 3, Lot IR Block 14, and Block 13 and a portion of Block 2 of the Old Donation Addition which incorporates the street rights -of --way abandoned herein into the Lots replatted thereby and which also designates fire lanes on such property as further described on Exhibit ' "C" attached hereto and made a part hereof for all purposes, that the City Secretary is authorized and directed to prepare a certified copy of this Ordinance and furnish the same to the First Baptist Church of Allen, and recording of this Abandonment Ordinance in the real property records of Collin County, Texas, shall serve as the quitclaim deed of the City of Allen, Texas, to the abutting property owner, First Baptist Church of Allen, of all right, title or interest of the City of Allen, Texas in and to the aforesaid street N F rights-of-way described in Exhibits "A" and "B", subject to the limitations and reservations of this Ordinance. n SECTIONS. That as a further condition of this abandonment and as a further part of the consideration for the quitclaim to Grantee herein, Grantee agrees to: construct a twenty-four foot (24') fire lane in accordance with the City of Allen, Texas standards to be dedicated by the replat of Block 3, Lot 1R, Block 14, Block 13 and a portion of Block 2 of the Old Donation Addition to provide for access to McDermott Drive to Belmont Drive and from Belmont Drive to Main Street; relocate theexistingsewer manhole on Birch Street; and to install an approved fire sprinkler system in the Allen Independent School District Administration Office located at , Allen, Texas. Grantee further agrees to pay all costs associated with the relocation of any existing utilities located within the aforesaid street right-of-way and alley. SECTION 6. That this ordinance shall take effect immediately from and after its passage 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 CITY OF ALLEN, COLLIN CO .E,. , ON THIS THE 3rd DAY OF Decanter > 1998. CO; , `,, V i I r••`. APPROVED: ee : •• ,.,�` y Ste'pheen"TTe'rrell,� , MAYOR APPROV 16"ITAOAM: ATTEST: �.,...... Wzt& PeYer G. Smith, ACTING CITY ATTORNEY J6dy Mown, CMC, CITY SECRETARY GRANTEE: FIT�T CHURCH OF AL OF ALN Ordinance No. 1662-12-98 -r- SECTION SECTION 4. As a condition of this abandonment and as part of the consideration for the quitclaim to � Grantee herein, Grantee agrees to indemnify, defend, release and hold the City of Allen, Texas whole and — harmless against any and all claims for damages, costs or expenses to persons or property that may arise out of, or be occasioned by or from, the abandonment, closing, vacation and quitclaim by the City of N Allen, Texas of the street rights-of-way described in Exhibits "A" and "B", and Grantee hereby agrees to — defend any and all suits, claims, or causes of action brought against the City of Allen, Texas on account of co the same, and to discharge any judgment or judgments that may be rendered against the City of Allen, LR Texas in connection therewith. n SECTIONS. That as a further condition of this abandonment and as a further part of the consideration for the quitclaim to Grantee herein, Grantee agrees to: construct a twenty-four foot (24') fire lane in accordance with the City of Allen, Texas standards to be dedicated by the replat of Block 3, Lot 1R, Block 14, Block 13 and a portion of Block 2 of the Old Donation Addition to provide for access to McDermott Drive to Belmont Drive and from Belmont Drive to Main Street; relocate theexistingsewer manhole on Birch Street; and to install an approved fire sprinkler system in the Allen Independent School District Administration Office located at , Allen, Texas. Grantee further agrees to pay all costs associated with the relocation of any existing utilities located within the aforesaid street right-of-way and alley. SECTION 6. That this ordinance shall take effect immediately from and after its passage 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 CITY OF ALLEN, COLLIN CO .E,. , ON THIS THE 3rd DAY OF Decanter > 1998. CO; , `,, V i I r••`. APPROVED: ee : •• ,.,�` y Ste'pheen"TTe'rrell,� , MAYOR APPROV 16"ITAOAM: ATTEST: �.,...... Wzt& PeYer G. Smith, ACTING CITY ATTORNEY J6dy Mown, CMC, CITY SECRETARY GRANTEE: FIT�T CHURCH OF AL OF ALN Ordinance No. 1662-12-98 BIRCH STREET . BEING a 0.4517 acre (19,678 square feet) tract of land situated in the James L. Reed Survey, '9- Abstract No. 758, in the City of Allen, Collin County, Texas, also taxing part of Birch Street (80' t11 R.O.W.), and being more Particularly described as follows: U7 BEGINNING at a 1/2' iron rod found for comer at the intersection of the east line of said Birch Street with the north line of Belmont Drive (80' R.O.W.), common with the southwest comer of tv Replat, Lots 1-10, Block 14, Town Of Allen, an addition to the City of Allen according to the plat thereof recorded in Cabinet E, Page 193, Plat Records, Collin County, Texas; co co THENCE N82°10'56 W along the said north line of Belmont Drive, a distance of 79.27 feet to a 2 - iron pipe found for comer at the southeast comer of Lot 14, Block 3, Old Donation, an addition to the City of Allen according to the plat thereof recorded in Volume 6, Page 152, Deed Records, Collin County, Texas, common with the southeast comer of that certain tract conveyed to First Baptist Church of Alien by Warranty Deed recorded under County Clerk's File No. 92-35866; THENCE N07°41'16"E along the west line of said Birch Street, common with the east line of said Block 3, a distance of 249.67 feet to a 3/8' iron rod found for comer in the south line of Main Street (FM 2170) (80' R.O.W.), at the northeast comer of Lot 18, Block 3, common with the northeast comer of that certain tract conveyed to First Baptist Church of Allen by Warranty Deed recorded in Volume 1005, Page 877, Deed Records, Collin County, Texas; THENCE S82'31'32'E along the south line of said Main Street, a distance of 78.31 feet to a 1/2' Iron rod found for comer at the northwest comer of the aforementioned Replat, Lots 1-10, Block 14; THENCE S07°28'08'W along the west line of said . Replat, Lots 1-10, Block 14, a distance of 250.00 feet to the POINT OF BEGINNING and containing 19,878 square feet or 0.4517 acres of land, more or less. Ordinance No. 1662-12-98 -Ord-f--1653--22-98 1 II 4515 2188 { c 3A18U W037 m v w WSW O No. 1662-12-98 Z, 9 9 � {j Yg11 O O ii 11� 's m 3A18U W037 m v w WSW O No. 1662-12-98 Z, CITY OF ALLEN TO: RGHK,'?]AEL STANGER, ACTING CITY MANAGER FROM: '/VaRCIE DIAMOND, SENIOR PLANNER DATE: NOVEMBER 23,1998 RE: REQUEST BY FIRST BAPTIST CHURCH TO ABANDON RIGHTS - OF WAY OF BELMONT DRIVE AND BIRCH STREET, LOCATED BETWEEN BLOCKS 13, LOT 1R OF BLOCK 14 AND BLOCK 3 OF THE OLD DONATION ADDITION. SITE ANALYSIS The properties requested to be abandoned are the rights -of -way of Belmont Drive located between existing Birch Street and Cedar Drive, being located between Block 13 and Lot 1 R of Block 14, Old Donation Addition, containing 24,912 square feet and Birch Street located between Belmont Drive and Main Street (F.M.2170) located between Block 3 and Lot 1R of Block 14, of the Old Donation, containing 19,677 square feet, as illustrated in Exhibit "A". First Baptist Church of Allen, has requested that the City of Allen abandon the rights-of- way described above. The enclosed documents from TU Electric/ Lone Star Gas Company, Southwestern Bell and TCI Cablevision of North Texas, indicate a willingness to abandon these rights -of way. These letters contain various and financial considerations that have to be adhered to prior to the actual reconstruction in this area Further, a memo is enclosed from the Director of Public Works indicating that the City is willing to abandon these rights -of- way. Additionally, the City of Allen is requiring the following: 1. The replat Blocks 3, Lot 1R, Block 14 and Block 13 and a portion of Block 2 of the Old Donation Addition. This replat shall incorporate the abandoned rights-of-way and shall designate the fire lanes, as illustrated on Exhibit A, which provide access from McDermott Drive to Belmont Drive and from Belmont Drive to Main Street, as fire lane and public access easements. 2. The construction these 24foot fire lanes which will provide access from McDermott Drive to Belmont Drive and from Belmont Drive to Main Street to City of Allen standards. 3. The relocation the existing sewer manhole on Birch Street. ONEBUfLERCIRCLE ALLEN, TEXAS 75013 977!!27-0100 • FAX 972/727-0165 EMAIL: coa®ci.dlm.u.us • These additional provisions assure that the adjacent property owners will retain adequate circulation, and access to fire protection and utilities. State Law (§ 272.001, Tex. Loc. Gov't Code) provides that municipalities "upon submission of a petition signed by all 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 street or alley." Therefore, the City Council may elect to honor the request from the First Baptist Church to abandon and quitclaim the right-of-way shown on the attached exhibit. STAFF RECOMMENDATION City staff recommends that the City Council consider the request of First Baptist Church to abandon the rights-of-way described above based upon the determination that the abandonment of these streets will not impair the City's traffic circulation. CITY COUNCIL ACTION The City Council, at their December 3, 1998 meeting should consider the request and adoption of the attachment ordinance. STAFFINPUT First Baptist Church Master Plan Ordinance Exhibit "A" and "B" (legal descriptions to be submitted) Exhibit "C" Letter from First Baptist Church, dated October 8, 1998 Letter from First Baptist Church, dated November 12, 1998 Memo George Conner, Director of Public Works Letter from TU Electric/Lone Star Gas Letter from TCI Cablevision of North Texas Letter from Southwestern Bell Memo from Craig Gillis, Fire Marshall First Baptist Church of Allen tv C9 204 East Main, Alen, Texas 75002 • Phone (972) 727-8241 • Fax (972) 7276481 "Come raise your FAMILY with us, as we raise the standard— CHRIST, to Allen and the world" October 8, 1998 Ms. Judy Morrison City Secretary City of Allen 1 Butler Circle Allen, Texas 75013 Dear Ms. Morrison: RECEIVED OCT 13 lceq CITY R�iA��:] The Fust Baptist Church of Allen respectfully submits the following information in support of our request for an abandonment and partial closing of Belmont Drive, north Birch Street and a portion of the adjacent alleyway. - - Enclosed you will find a she master plan from our architect F & S Partners, along with letters from TU Electric, Lone Star Gas, Southwestern Bell, TCI Cable, and the City of Allen which address the relocation requirements associated with power, telephone, natural gas, cable tv, water and sewer. The First Baptist Church acknowledges the utility relocation requirements and agrees to address those issues during our design of the new worship center and education spaces. From recent conversations with Bill Petty, Director of Community Development, we also understand that in addition to the information described above, The Fast Baptist Church of Allen will be responsible for providing the city with a preliminary plat of the church's property which identifies the metes and bounds and legal description of those parcels of property which are requested for partial closure or abandonment. The church will move forward with a survey of the she to provide this information. Representatives from F & S Partners and the church's Building and Land Committee will be in attendance at the technical review committee meeting scheduled for Tuesday morning, October 13 where we will discuss the submittal requirements in detail Although the delivery date of the preliminary plat is still unknown, we respectfully request to be placed on the agenda of the City Council as early as possible. We will work closely with the Community Development Department to accelerate this schedule. Please let us know if there are additional requirements that we should address. /Sincerely, Chad Selph Senior Pastor cc: Bill Petty, City of Allen Marcie Diamond, City of Allen Jay Frank, F & S Partners Jennifer Johnson, Bldg. & Land Committee Timmy Moore, Bldg. & Land Committee • November 12, 1998 City of Allen Arm: Marcie Diamond Senior Plainer One Butler Circle Allen, Texas 75002 Dear Ms. Diamond: The First Baptist Church of Allen requests the following street closures and abandonment: 1. Close and Abandon the 80' R.O.W presently serving as Belmont Street from Cedar Drive on . the east to the west side of the intersection of Birch Street with Belmont Strad. The dimension of this of this R.O.W is 80' wide X 330' long. We agree to put a cul de sac on the end of Belmont near Birch Street from the west. This cul de sac will be built in compliance with the Allen Fire Departments regulations (see attached drawing from the Allen Fire Department). We agree to provide two 24' fire lanes (fire lane access and utility easement) to serve buildings affected by this street closure. One fire lane will extend from Belmont Street south to McDermott. This 24' fire lane will run parallel to the First Baptist Church west most property line on lots 3 and I1 of Block 2 of Old Donation. The second one will extend from Belmont Street north to Main Street over Lots 11, 12, 15 and 16 of Block 3, of Old Donation. 2. Close and Abandon the R.O.W. which is presently platted as future potential Birch Street extending from Main Street north approximately 330'X 80' and culminating in a cul de sac just south of the Attic Storage property. See attachment, "Access and Abandonment Exhibit." 3. Close and abandon the 20' alley related to the Birch Strad Closure above. The alley runs east from Birch Street to Cedar. It is between Lots 1 B, 2A, 2B, 3A and 3B of Block 15 on the south and lots 6, 7, and 8A of Block 15 to the north. First Baptist owns all of these lots. We do not own lots 4A, 5, 8B, 9A, 10A. The alley abandonment request is only for the portion related to First Baptist property. See attachment "Access and Abandonment Exhibit." We agree to provide a 24' fire lane (fire lane access and utility easement) running approximately 290' parallel to the east edge of First Baptist property, from Main Street to the north edge of First Baptist Property (does not include 40' of property which was the old Boyd Street R.O.W. owned by Stanley Crossman of Attic Storage). At this point, the fire lane will tum west and nm approximately 570' to Ash Drive over what was previously the south 40' of Boyd Street R.O.W. Other: We agree to sprinkle the 9000 s.f. Administration building which is presently the Allen Independent School District Administration Office, in lieu of providing fire lanes on a 58 car parking lot on the preliminary site plan south of the existing administration building. We will provide all fire lanes with appropriate properties per attachment received from the City of Allen Fire Marshall. We will place fire hydrants per code requirements. We agree to install the sewer manhole on Cedar Drive east of our Church Auditorium to serve the sewer connection to the Flower Shop fretting Main Street, per earlier requirements to close Birch Street between Main and Belmont. ely, 40 Chairman y L. Moore Chairman of the Building and Land Committee First Baptist Church of Allen 9 September 18, 1998 CITY OF ALLEN Jennifer Johnson 204 East Main Allen, TX 75002 Dear Mrs. Johnson: In response to you letter dated August 28, 1998, the following relocations, additions, or abandonments will need to be done to satisfy the Public Works Department. 1) As shown on Plan B, in order for Birch Drive and a portion of the alley to be abandoned, the sewer line will either need to be cut, abandoned, and a clean out installed in the alley on the First Baptist Church tract at Point 1, or a manhole will need to be built at Point 1 and the 6" sewer line will can remain in service. If the manhole is built, the City will be responsible for maintenance of the sewer line starting at this new manhole. 2) As shown in Plan B, in order for the eastern half of Belmont to be abandon, the existing 8" water line will need to be cut at Point 2 and Point 3. The fire hydrant at Cedar and Belmont will remain in service. All water services to the First Baptist Church and Allen I.S.D. buildings will need to be relocated to the water line remaining in service. These requirements are the minimum requirements necessary for the proposed right of way abandonments. At the time of site review, replat, or building permit application, additional fire line loops maybe required as need by the Fire Marshall. If you have any questions, please contact me at 727-0166. Sincerely, George Conner, P.E. Director of Public Works 171 ONEBUTLERCIRCLE ALLEN. TEXAS 75013 977/727-0100 10 a�- NMN STREET M WE • _ i T r 0 m�mmmmmi 10 9 NDf1 i i�'R b MWENNOTT ERMA 1) SITE PLAN FLAN .-'7UELECTRIC° Star G Loneas September 17, 1998 Mrs. Jennifer Johnson First Baptist Church of Allen 204 East Main St Allen TX 75002 RE:Proposed Street and Alley Closings Dear Mrs. Johnson: TUEledric & Lone Star Gas have no objection to the street and alley closings proposed in your letter dated August 28,1998, provided First Baptist Church of Allen is willing to pay for any and all relocations. The closing of Belmont Street will necessitate the relocation of an existing overhead line on church property in a 10' wide strip easement. A 4" gas main, which is currently in the south right of way will need to be relocated to Ash Street.. All gas and electric facilities on Birch Street may be removed, provided a new gas main is installed along the west right of way of Ash Street. Again, in closing, If all of the above is agreeable with First Baptist Church, TUEledric & Lone Star Gas will relocate all facilities at the church's cost and will not need the City of Allen's existing right of ways. Sincerely, C1�� �-- Russell M Lewis Utility Designer, Senior 4 TUElectric & Lone Star Gas 101 W NICD w AUM 7b.m 73013 (. TC 1 September 01, 1998 Ms. Jennifer Johnson First Baptist Church Allen, Texas 75002 Re: First Baptist Church Proposed Street and Alley Closing Dear Ms. Johnson: The cable facilities located on Birch Drive can be removed at little cost to TCICablevision and will require a notice of about two weeks to complete the task. The facilities located along the right of way on Belmont Drive however, consist of a fiber optic cable and several coaxial cables that are crucial to operation. These facilities are costly and time consuming to relocate and/or bury. The possible alternate routes will require underground work as well as a railroad crossing. The poles are property of other utilities and in the event of them • relocating facilities TCI Cablevision will have to relocate as well. The time frame for such a project could possibly take up to three or more months. I have enclosed my business card and will be available for any further assistance you may need. L Sin)cerely, 4S pPn P.P. JI V Johnson Construction Manager Td Gbleh bn of NOM To a PM50P Cle Sulo 101 1601 N. Wadill SL Suite 101 Albn, Terns 760025025 _ Map., Tema 75069 (On) 7VM (On)72MM F. (972) 590-7518 MEp Cpp NNy Empby/, Southwestern Bell Telephone ® Southwestern Bell September 30, 1998 First Baptist Church of Allen 204 East Main Allen, Texas 75002 RE: First Baptist Church Proposed Street and Alley Closing, City of Allen, Texas Dear Ms. Johnson, Southwestern Bell Telephone Company has some aerial facilities along Belmont Drive and buried facilities on Birch Drive that would need to be relocated to accommodate the partial street closings proposed in your letter. The cables on Belmont can not be removed or relocated until the Allen ISD moves from their quarters. Once service is no longer needed by AISD, the cables on Belmont could be removed by bringing an alternate feed from Main Street down Ash to Belmont. The buried cable on Birch could be abandoned once cables are routed from Birch and Main west to Ash then north for 300 feet and from Birch and Main east to Cedar the north 300 feet. We request that a utility easement be maintained where our present facilities are on Belmont and Birch until they have been relocated. The approximate cost for First Baptist Church would be between $16,000 and $19,000. The work could be completed in 60.90 days. Please call me at 975-569-4756 if you need additional information or when you are ready for x to begin the relocation process. Sincerely, Terry Lemaster Manager -Engineering (D) /a Southwestern Bea Telcphooe Pngirccing Dept 2301 RiESev Drive Pleoo.Tx 75023 FM 972 569476/ 7 CIT �ryl, Y OF ALLEN TO: ML STANGER, ACTING CITY MANAGER THROUGH: RONALD GENTRY, FIRE CHIEF FROM: CRAIG GILLIS, FIRE MARSHAL----� SUBJECT: ACCESS - FIRST BAPTIST CHURCH DATE: NOVEMBER 30, 1998 In lieu of the First Baptist Church committing to completely fire sprinklering new and existing buildings and constructing fire lanes from Main Street to McDermott Drive, the fire department has no objection to the closure of Belmont Drive. The fire lanes shall be constructed prior to the closure. ONEBUTLERCIRCLE ALLEN,TEXAS75013 97VM-0100