The URL can be used to link to this page

Home My WebLink AboutO-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) mm,mmm, ro.ne a nem w.— e. mea e.. �. a rv..•m..e er m .m ,.eim m •a.•c m o-..a.mwa., eoo,.. a .m _ ... our w... a wee,...i .num SPIN BR�R 4� g x • I roc\ C\ ` I = QHNNNO i! -I 3 ��10 53i I0 a �