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HomeMy WebLinkAboutO-1651-11-984322 0047 98— 01442229 ORDINANCE NO. 1651-11-98 NORTHERN INTERSECTION WITH McDERMOTT DRIVE TO ITS WESTERN INTERSECTION WITH CENTURY PARKWAY, IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A'; RETAINING OWNERSHIP AS THE SOLE ABUTTING PROPERTY OWNER FOR THE PURPOSE OF CONSTRUCTION OF A CITY HALL COMPLEX; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS DEEMED NECESSARY TO COMPLETE ABANDONMENT; 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 determined it to be appropriate to close and abandon a portion of Allen Drive from its northem intersection with McDermott Drive to its western intersection with Century Parkway; and, WHEREAS, the City Council has determined that the public interest could better be served for future planning by closing and abandoning this section of right-of-way; and, WHEREAS, the City Council and City Staff have determined that there will be no detrimental effect on the City if the proposed right-of-way is abandoned and closed; and, ' WHEREAS, the City Council has authorized and constructed a portion of Butler Drive which replaces the connection between McDermott Drive and Century Parkway; and, WHEREAS, this section of right-of-way will continue to be owned by the City of Allen, Texas, as the sole abutting property owner, for future construction of the City Hall Complex. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: A portion of Allen Drive, from its northern intersection with McDermott Drive to its western intersection with Century Parkway, shall hereby be closed and abandoned as a right-of-way. A certified copy of this Ordinance may be recorded in the Collin County land records to reflect this abandonment; and the City Manager is hereby authorized to execute on behalf of the City of Allen, Texas, any instruments necessary to complete the abandonment of the subject right-of-way by the City of Allen. SECTION 2: Exhibit "A," attached hereto and made a pan hereof for all purposes, describes by metes and bounds the portion of the Allen Drive right-of-way to be closed and abandoned. SECTION 3: The City Council of the City of Allen hereby fads and determines that the closing and abandonment of the portion of Allen Drive described in Exhibit "A" attached hereto is in the public interest of the City of Allen, Texas, and its citizens, and will more to the benefit of the public generally. SECTION 4: The City of Allen, for the purpose of construction of a City Hall Complex and as the sole abutting property owner, shall retain ownership of the property, and it shall be platted accordingly as a portion of the City Hall Complex. SECTION 5: 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, AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, CLOSING AND ABANDONING A PORTION OF ALLEN DRIVE FROM ITS NORTHERN INTERSECTION WITH McDERMOTT DRIVE TO ITS WESTERN INTERSECTION WITH CENTURY PARKWAY, IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND FURTHER DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A'; RETAINING OWNERSHIP AS THE SOLE ABUTTING PROPERTY OWNER FOR THE PURPOSE OF CONSTRUCTION OF A CITY HALL COMPLEX; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS DEEMED NECESSARY TO COMPLETE ABANDONMENT; 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 determined it to be appropriate to close and abandon a portion of Allen Drive from its northem intersection with McDermott Drive to its western intersection with Century Parkway; and, WHEREAS, the City Council has determined that the public interest could better be served for future planning by closing and abandoning this section of right-of-way; and, WHEREAS, the City Council and City Staff have determined that there will be no detrimental effect on the City if the proposed right-of-way is abandoned and closed; and, ' WHEREAS, the City Council has authorized and constructed a portion of Butler Drive which replaces the connection between McDermott Drive and Century Parkway; and, WHEREAS, this section of right-of-way will continue to be owned by the City of Allen, Texas, as the sole abutting property owner, for future construction of the City Hall Complex. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: A portion of Allen Drive, from its northern intersection with McDermott Drive to its western intersection with Century Parkway, shall hereby be closed and abandoned as a right-of-way. A certified copy of this Ordinance may be recorded in the Collin County land records to reflect this abandonment; and the City Manager is hereby authorized to execute on behalf of the City of Allen, Texas, any instruments necessary to complete the abandonment of the subject right-of-way by the City of Allen. SECTION 2: Exhibit "A," attached hereto and made a pan hereof for all purposes, describes by metes and bounds the portion of the Allen Drive right-of-way to be closed and abandoned. SECTION 3: The City Council of the City of Allen hereby fads and determines that the closing and abandonment of the portion of Allen Drive described in Exhibit "A" attached hereto is in the public interest of the City of Allen, Texas, and its citizens, and will more to the benefit of the public generally. SECTION 4: The City of Allen, for the purpose of construction of a City Hall Complex and as the sole abutting property owner, shall retain ownership of the property, and it shall be platted accordingly as a portion of the City Hall Complex. SECTION 5: 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, 4322 0048 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. n L-1 SEMON & This Ordinance shall take effect November 30,1998, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE C=COUNCH,OF THE MY OF ALLEN, TEXAS, ON THW -5TH DAY OF NovEm= .1998. APPROVED: Stephen Terrell, MAYOR �tG rt• �t�'F � APPROVED AS TO FORM: ATfFS'r: a, •• � , w,n Ordinance No. 1651-11-98 Page 2 4322 0049 William Peron Survey October 6, 1998 Abstract No. 708 GBW No. 98-101 Collin County, Texas City of Allen DESCRIPTION ALLEN DRIVE FOR ABANDONMENT A 51,925 square foot parcel of land being all of the existing right-of-way for Allen Drive in the Allen City Complex Addition, an addition to the City of Allen as recorded in Cabinet G, Sheet 288 of the Deed Records of Collin County, Texas (DRCCT) and being more particularly described as follows: The POINT OF BEGINNING is a half inch iron rod set at the northwest comer of the right-of-way for Allen Drive, being on the south line of the right-of-way for McDermott Drive. THENCE, S 78°24'44" E with the north line of Allen Drive being the south line of McDermott Drive a distance of 76.92 feet to an iron rod set to mark the northeast comer of Allen Drive; THENCE, S 51034'16" W a distance of 19.26 feet to a point; THENCE, S 01 03544" W a distance of 45.89 feet to a point at the beginning of a tangent circular curve to the right having a radius of 330.50 feet; THENCE, with said curving right-of-way through a central angle of 88007'41" an arc distance of 508.35 feet and having a chord which bears S 45"39'35" W a distance of 459.70 feet to the point of tangent; THENCE, S 89°4325" W a distance of 321.72 feet to a point on the east right-of-way for Century Parkway; THENCE, N 00" 16'35" W with the west line of Allen Drive being the east line of Century Parkway, a distance of 61.00 feet to a point on the north right-of-way line for Allen Drive; THENCE, N 89°43'25" E a distance of 321.72 feet to the point at the beginning of a circular curve to the lett, having a radius of 269.50 feet; THENCE, with said curving right-of-way through a central angle of 88°07'41" an arc distance of 414.52 feet and having a chord which bears N 45 °39'34" E a distance of 374.85 feet to the point of tangent; THENCE, N 01 03544" E a distance of 71.62 feet to the POINT OF BEGINNING and containing 51,925 square feet of land. 4322 0050 r N a c t o � o Q N ---�� Z��a W •691CK M .11•6L00 S -- -- it Z V W W W WI Z a _\- a < \ m S aa — L 8 LL c AY ANHYd A21 IN33 o n � g a $ EXHIBIT "A" U"R7P. Iw 00'LT a0 c ad/1 6*22"10 -96 ,iagwnN UE21.9 ad Of/2T/966T u0 S3NNUIS N�13H 319UNONOH X1 A1H003 HIl103 :uT paooay ao; paTTJ 8661 0 £ 030 NTd Kl x'ryy�!q�Yy r'row iwN�� plik '�'�a'�''wmwry YCMWbsdR FM+N Ty M93iN�µr !dd'J.ti +.uq rn pe UttAx`i�.WxM� 4Me�MY; iiy MdN&wMPiwl QµMN �ry/1�y���y� �j I�ifC3Iry83W 3M W all f'jNMM 1�aY yl. M1FXwr3e+AHn YNY_aID{M.Yn IS00 ZZEh �71 J i ffl� CITY OF ALLEN TO: MI&TANGER, ACTING CITY MANAGER FROM: Ii�47TY, DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: CLOSING AND ABANDONMENT OF A PORTION OF ALLEN DRIVE DATE: OCTOBER l9, 1998 BACKGROUND As you know, the City Hall complex area was modified to allow the construction of the new City Hall in the location presently occupied by Allen Drive between McDermott Drive to the north and Century Parkway to the west. Although no official action has been taken, the approved location requires that this portion of Allen Drive be closed w a city street, and the right-of-way abandoned to the City for incorporation into the City Complex replat. In order to be able to provide information to the public about this closing, staff has drafted an ordinance that would be effective on November 30, 1998. This date was provided by the architect to City staff as the date that the right-of-way would be necessary to begin construction. ANALYSIS With the closing of this section of Allen Drive, it should be noted that the City has provided an alternate route for the traffic that would normally use this via Butler Drive between McDermott Drive and Century Parkway. Staff recommends approval of the attached ordinance which officially will close Allen Drive as a public street from McDermott to Century on November 30, 1998, and abandon the existing right- of-way into the ownership of the City for the replat of the Allen City Complex. ONEBUTLERCIRCLE ALLEN,TEXAS75013 9721727-0100 • FAX 9721727-0165 EMAIL: wa®cl.allen.la.us William Perrin Survey Abstract No. 708 Collin County, Texas DESCRIPTION ALLEN DRIVE FOR ABANDONMENT October 6, 1998 GB W No. 98.101 City of Allen A 51,925 square foot parcel of land being all of the existing right-of-way for Allen Drive in the Allen City Complex Addition, an addition to the City of Allen as recorded in Cabinet G, Sheet 288 of the Deed Records of Collin County, Texas (DRCCT) and being more particularly described as follows: The POINT OF BEGINNING is a half inch iron rod set at the northwest comer of the rigbt-of-way for Allen Drive, being on the south line of the right-of-way for McDermott Drive. THENCE, S 78°2444" E with the north line of Allen Drive being the south line of McDermott Drive a distance of 76.92 feet to an iron rod set to mark the northeast comer of Allen Drive; THENCE, S 51 °34'16" W a distance of 19.26 feet to a point; THENCE, S 01 °35'44" W a distance of 45.89 feet to a point at the beginning of a tangent circular curve to the right, having a radius of 330.50 feet; THENCE, with said curving right-of-way through a central angle of 88°07'41" an arc distance of 508.35 feet and having a chord which bears S 45°3935" W a distance of 459.70 feet to the point of tangent; THENCE, S 89"43'25" W a distance of 321.72 feet to a point on the east right-of-way for Century Parkway; THENCE, N 00'16`35" W with the west line of Allen Drive being the east line of Century Parkway, a distance of 61.00 feet to a point on the north right-of-way line for Allen Drive; THENCE, N 89043'25" E a distance of 321.72 feet to the point at the beginning of a circular curve to the lett, having a radius of 269.50 feet; THENCE, with said curving right-of-way through a central angle of 88 °07'41" an arc distance of 414.52 feet and having a chord which bears N 45'39'34" E a distance of 374.85 feet to the point of tangent; THENCE, N 01 °3544" E a distance of 71.62 feet to the POINT OF BEGINNING and containing 51,925 square feet of land.