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HomeMy WebLinkAboutO-280-11-79VOL 1206paGE 720 38230 AN ORDINANCE OF THE CITY OF ALLEN, TEXAS ORDINANCE NO. 2 8 0 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF THE NORTH -SOUTH ALLEY LOCATED IN BLOCK 4 OF THE OLD DONATION FROM MAIN STREET TO BOYD STREET IN THE CITY OF ALLEN AND COUNTY OF COLLIN, TEXAS, WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED; PROVIDING FOR THE SALE AND CONVEYANCE THEREOF TO ELIZABETH MOSELEY; PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT AND CONVEYANCE MADE HEREIN; PROVIDING FOR THE CONSIDERATION TO BE PAID TO THE CITY OF ALLEN; PROVIDING FOR THE PAYMENT OF THE PUBLICATION FEE; AND PROVIDING AN EFFECTIVE DATE. DULY PASSED by the City Council of the City of Allen, Texas, on the 1st day of November, 1979. APPROVED: MAYOR ATTEST: CITY SECRE GARY fi i Published in the Allen American November 5 and November 29, 1979 r ORDINANCE NO. 2 8 0 VOL 12Mniq 721 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF THE NORTH -SOUTH ALLEY LOCATED IN BLOCK 4 OF THE OLD DONATION FROM MAIN STREET TO BOYD STREET IN THE CITY OF ALLEN AND COUNTY OF COLLIN, TEXAS, WITHIN THE LIMITS HEREINAFTER MORE FULLY DESCRIBED; PROVIDING FOR THE SALE AND CONVEYANCE THEREOF TO ELIZABETH MOSELEY; PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT AND CONVEYANCE MADE HEREIN; PROVIDING FOR THE CONSIDERATION TO BE PAID TO THE CITY OF ALLEN; PROVIDING FOR THE PAYMENT OF THE PUBLICATION FEE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to law, and upon the request and petition of the Grantee herein, deems it advisable to abandon and convey the hereinafter described tract of land to Grantee and is of the opinion that said alley -is not needed for public use, and that same should be abandoned and quitclaimed to Elizabeth Moseley, Grantee, as hereinafter provided, for the consideration, hereinafter stated; and, WHEREAS, the City Council of the City of Allen, Texas, is of the opinion that the best interest and welfare of the public will be served by abandoning and conveying the same to Elizabeth Moseley, Grantee, for the consideration hereinafter more fully set forth; Now, Therefore, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION'1. That the tract of, land in the City of Allen and County of Collin, Texas, more particularly described as the North-South alley located in Block 4 of the Old Donation from Main Street , to Boyd Street in the City of Allen, Texas, be and the same is hereby abandoned, vacated and closed insofar as the right, title and easement of the public are concerned; subject, however, to the conditions, reservations and exceptions hereinafter more fully set out. Subject, however, to the retention of all utility easements over, under and across the entire tract described above, as more fully set out in Section 3 below, and subject also to the other conditions outlined in said Section 3. SECTION 2. That for and in consideration of the sum of One h ,ndr d And - 1 - VOL 1206PAGE 722 1-_seenty f; TP dal 1 arm paid by Elizabeth Moseley, the City of Allen does by these presents Bargain, Sell, Release and Forever Quitclaim unto the said Elizabeth Moseley, her successors and assigns, all its right, title and interest in and to that certain tract or parcel of land described above. TO HAVE AND TO HOLD the said premises, together with all and singular the rights, privileges, hereditaments and appurtenances thereto in any manner belonging, unto the said Elizabeth Moseley, her successors and assigns forever, so that neither it, the said City of Allen, Texas, nor its successors, nor any person or persons claiming under it shall, at any time hereafter, have, claim or demand any right or title to the aforesaid premises and appurtenances, or any part thereof. SECTION 3., This conveyance is made subject to all present zoning and deed restrictions, if the latter exist, and is subject to all existing easement rights of others, if any, whether apparent or nonapparent, aerial, surface, underground, or otherwise, and is subject to any existing utilities or communication facilities presently located within the abandoned area, owned and/or operated by the City of Allen or any utility or communications company, public or private, and to any vested rights presently owned by any public or private utility for the use of the abandoned area for facilities presently located within the boundaries of said abandoned area; and the relocation, removal, or adjustment of any or all such utilities or facilities, including water and 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, shall be at the expense of Grantee herein, her successors or assigns. It is the intent of the foregoing that there shall be hereby reserved and excepted unto any and all utility companies or departments, hereinafter referred to as utilities, an easement for facilities which currently exist over, under, through, across, or along the tract of land described above. No building, fences, trees, or other improvements shall be constructed or placed upon, over or across the easement; provided, however, that Grantee may maintain, repair, upgrade, fill in, minimally landscape, or pave over and across the easement area. Except with respect to the improvement for construction and maintenance of which has heretofore been granted to Grantee, said utilities shall have the right to remove and keep removed all or parts of any buildings, fences, shrubs, trees, or other improvements or growths which may in any way endanger or interfere with the construction, maintenance or efficiency -2- VOL 1206hot 723 of its system on the easement, and said utilities, as hereinabove described, shall at all times have the full right of ingress and egress to or from and upon the said easement for the purpose of repairing, reconstructing, inspecting, patrolling, maintaining, adding to or removing all or part of its respective sytems. A Grantee shall indemnify and save all utility companies or departments harmless from any and all claims, costs, losses, suits and judgments, or damages, against any of the said utilities, or for injuries or damages resulting to any person or property during the exercise of the rights herein conveyed, except it is understood that Grantee and any utility companies or departments shall each be responsible for its own acts of negligence or intentional conduct. Grantee will be held liable for any damages to water and/or sanitary sewer mains resulting from the construction, maintenance or operation by Grantee within the easement. SECTION 4. That the terms and conditions contained in this ordinance shall be binding upon Grantee, her successors and assigns. SECTION 5. That the abandonment and conveyance provided for herein shall extend only to the public right, title easement and interest, and shall be construed to extend only to that interest the Governing Body of the City of Allen may legally and lawfully abandon and vacate. SECTION 6. This abandonment shall be made subject to the Grantee constructing or modifying, at her sole cost and expense, any curbs or drive approaches deemed necessary by the Director of Public Works in order to create a smooth flow of traffic. All such construction shall be done subject to the approval of the Director of Public Works. SECTION 7. That the City Attorney is hereby, authorized to prepare and deliver a quitclaim deed with regard to the area abandoned and conveyed herein, should such be requested by Grantee hereunder, same to be executed by the Mayor or City Manager, if any, on behalf of the City of Allen, and attested by the City Secretary. SECTION 8. That the City Secretary is hereby authorized and directed to certify a copy of this ordinance to be recorded in the Deed Records of Collin County, Texas, and a certified copy of same shall be delivered to Grantee upon receipt of such consideration, plus the fees for publishing this ordinance, which Grantee shall likewise pay. -3- VOL 1206po 724 SECTION 9. This ordinance shall take effect immediately 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. R PASSED AND APPROVED this 1st day of November, A.D., 1979. M. B. Pierson, Mayor ATTEST: Juba 611e Cooksey, City Secretar APPROVED AS TO FORM: A. Don Crowder, City Attorney * •- ' r •y L -4- e s ,^ ti STATE OF�TE�(Ai ' ..,...�mw�i 1YaaN flla0 on (D I mft no gilds tM dab and thea abnnpad baron by M. SMP.d h.Of thO Collin County, Taxn a c tea. O �- Damon � DY m.. i_. cj —� ca COUNTY CLERK, Colvin County, Tena I Z AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve monthsprior to publishing of which the attached is a true and written copy, and *hich was published'm THE ALLEN AMERICAN on At and which was issued on<!L/e /9 '7/ , by e- �� ^-�Qz of said publication is a ached hereto. of Collin County, Texas. A printed copy SUBSCRIBED AND SWORN to before me this Publisher's Fee $ day of , A.D. 19. Notailhublic in and for Collin County, Te NOTICE A Public Hearing will be held , on November 1, 1979, 7: a 'p,,- -,rrequest to i abandon an ��, North and the middle Of oBlock 4, p a � I Donation. This lot is located { just east of Moseley's Super. E market :Anyone wishing to speak For or Against this re- quest should be present at this meeting to be held at the r'Library, of Rountree'Eleiaen.,tarJ Y School, 800, E. Main. I ! s=Junynelle Cooksey, City Secretary (To be published in the Allen American I Monday, October 22, 1979). , r AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing �,t �-) ��, �:2Po of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on 22g, � /5 z 9 and which was issued on 2zE�i ,�i % / , by of Collin County, Texas. A printed copy of said publication is at9ched hereto. SUBSCRIBED AND SWORN to before me this dpy-ef , A.D. 19-2 . Publisher's Fee $ 9 Public in and for Collin County, 7 - Legal Legal Notices ORDINANCE NO. 280 i An ordinance ,providing for the abandonment of the north -south alley located in Block 4 of the Old Donation from Main Street -to -Boyd Street in the -City of Allen and County of Collin, TexasA within the limits hereinafter more fully described; pro- viding for the sale and con- veyance thereof to Elizabeth Moseley; ,pro viding for `the terms , andtio condins of,the abandon- ment and conveyance,made herein; providing fog the consideration to be paid to the City. of Allen; providing for' tfiel payment, I of the publication fee;- and pro- Kviding-an effective date. - DULY, PASSED by.the Ci- ty Council -of the City of Allen, Texaston the 1st day, of November 1979. a t, Id }Approved: -s-M.B. Pierson, Mayor Attest: -s-Jusnelle Cooksey, _ _ City Secretary AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing 1'�e, 2J`0 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on / /97� , by �- and which was issued on � of Collin County, Texas. A printed copy of said publication is ap ched hereto. SUBSCRIBED AND SWORN to before me this Publisher's Fee $ PIZ LZAA q!t4=� 9-0 , A.D. 19 7 ` ary Public in and for Collin County, xas r k s Legal Notice: ORDINANCE NO. 280 An ordinance providing for the abandonment of the north -south alley located in'i Block 4 of the Old Donation' from Main Street to Boyd Street in the City ot Allen I and County of Collin, Texas, within the limits hereinafter more fully described; pro- viding for the sale and con-, veyance thereof to- Elizabeth Moseley; pro -t viding for the terms and conditions of the abandon -y I ment and conveyance made i herein; providing for the' consideration to be paid to the City of Allen; providing for the payment of the' publication fee; and pro -1 v!ding an effective date. DULY PASSED by the Ci- ty Council of the City 'of ? Allen, Texas, on the 1st day of November 1979. 1 Approved: -s-M.B. Pierson, Mayor Attest: -s-Juanelle Cooksey, City Socretary Elizabeth Moseley Box 11 Allen, Texas 75002 11-30-79 11-1-79 Legal, filing and publication fees for abandoning alley 125 00 Hen CITY OF ALLEN P.O. BOX 487 ALLEN, TEXAS 75002 NOTICE A„Public Hearing will be held on November 1, 1979, 7:30 P.M., on a request to abandon an alley running North and South dividing the middle of Block 4, Old Donation. This lot is located just east of Moseley's Supermarket. Anyone wishing to speak for or against this request should be present at this meeting to be held at the Library of Rountree Elementary School, 800 E. Main. Juanelle Cooksey City Secretary To be published in the Allen American Monday, October 22, 1979 302 W WDERMOTT 0 214-727-3336 0 214-424-5918 (DALLAS LINE)