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HomeMy WebLinkAboutO-350-7-81ORDINANCE NO. 350 VOL 14 J. ?.PAGE415 25099 AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A PORTION OF OLD BETHANY ROAD, COMPRISING APPROXIMATELY 1.7 ACRES±, FROM U.S. HIGHWAY 75 (ON THE WEST) TO A SPECIFIC POINT EAST THEREOF, 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 CHARLES A. FORBES, TRUSTEE; PROVIDING FOR THE TERMS AND CONDITIONS OF THE ABANDONMENT AND CONVEYANCE MADE HEREIN; 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 roadway will not be needed for public use, and that same should be abandoned and all of the City's interest therein should be assigned to Charles A. Forbes, Trustee, Grantee, as hereinafter provided and upon the conditions 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 Charles A. Forbes, Trustee, Grantee, upon the conditions hereinafter more fully set forth; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS:- SECTION EXAS SECTION 1. That the tract of land, comprising approximately 1.7 acres more or less, in the City of Allen and County of Collin, Texas, more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes, 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 subject to the compliance with the conditions enumerated in kitf ��,.1�JY q •L� l �} .� {f Ordinance No. 350 VOL 141?WPAGE 416 Page 2 Section 3. below, the City of Allen does by these presents Bargain, Sell, Release and Forever Assign unto the said Charles A. Forbes, Trustee, his successors and assigns, all its right, title and interest in and to that certain tract or parcel of land described in Exhibit "A" hereto. 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 Charles A. Forbes, Trustee, his 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. (a) This abandonment ordinance, and the abandonment, sale and conveyance herein, is conditioned upon and mads subject to the simultaneous execution and delivery by Charles A. Forbes, Trustee, of a dedication or special warranty deed to the City of Allen, Texas, of that certain property and tract of land described more particularly herein in Exhibit "B" attached hereto and made a part hereof which is to be used as a part of the right-of-way in the proposed construction of new Bethany Road, all as appears more particularly herein in Exhibit "D" attached hereto and made a part hereof for all purposes; and, (b) This conveyance is further conditioned upon and made subject to the City of Allen's reserving the right to continue use and maintenance of the area proposed to be abandoned herein, referred to herein as Old Bethany Road and more particularly described in Exhibit "A" hereto, for the benefit of the public for a period not to exceed two (2) years from the date of the conveyance contemplated herein or until that portion of the proposed New Bethany Road (see Exhibit "D" hereto) located between U. S. Highway 75 (on the west) and the Southern Pacific Railroad tracks (on the east) is constructed and opened to public use, whichever comes sooner; and, (c) This conveyance is further conditioned upon and made subject to the City of Allen receiving from Exxon Corporation a dedication or special warranty deed conveying to the City the additional right-of-way described in Exhibit "C" attached hereto and made a part hereof, said tract and right-of-way needed for the construction of the proposed New Bethany Road (see Exhibit "D" hereto); and, (d) This conveyance is further conditioned upon and made subject to r i Ordinance No. 350 VOL 141?WPAGE 416 Page 2 Section 3. below, the City of Allen does by these presents Bargain, Sell, Release and Forever Assign unto the said Charles A. Forbes, Trustee, his successors and assigns, all its right, title and interest in and to that certain tract or parcel of land described in Exhibit "A" hereto. 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 Charles A. Forbes, Trustee, his 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. (a) This abandonment ordinance, and the abandonment, sale and conveyance herein, is conditioned upon and mads subject to the simultaneous execution and delivery by Charles A. Forbes, Trustee, of a dedication or special warranty deed to the City of Allen, Texas, of that certain property and tract of land described more particularly herein in Exhibit "B" attached hereto and made a part hereof which is to be used as a part of the right-of-way in the proposed construction of new Bethany Road, all as appears more particularly herein in Exhibit "D" attached hereto and made a part hereof for all purposes; and, (b) This conveyance is further conditioned upon and made subject to the City of Allen's reserving the right to continue use and maintenance of the area proposed to be abandoned herein, referred to herein as Old Bethany Road and more particularly described in Exhibit "A" hereto, for the benefit of the public for a period not to exceed two (2) years from the date of the conveyance contemplated herein or until that portion of the proposed New Bethany Road (see Exhibit "D" hereto) located between U. S. Highway 75 (on the west) and the Southern Pacific Railroad tracks (on the east) is constructed and opened to public use, whichever comes sooner; and, (c) This conveyance is further conditioned upon and made subject to the City of Allen receiving from Exxon Corporation a dedication or special warranty deed conveying to the City the additional right-of-way described in Exhibit "C" attached hereto and made a part hereof, said tract and right-of-way needed for the construction of the proposed New Bethany Road (see Exhibit "D" hereto); and, (d) This conveyance is further conditioned upon and made subject to Ordinance No. 350 VOL 14PPAGE 417 Page 3 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 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. 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 Ordinance No. 350 VOL 141 ?PAGE AX18 from the construction, maintenance or operation by Grantee within the easement. ti Page 4 SECTION 4. That the terms and conditions contained in this ordinance shall be binding upon Grantee, his 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. That the City Attorney is hereby authorized to prepare and deliver an assignment and/or special warranty 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 to by the City Secretary. SECTION 7. 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 proof of Grantee's compliance with the terms and conditions provided for in Section 3. hereof. SECTION 8. 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. PASSED AND APPROVED this 2nd ��E•r "..�' �r . "MaFt e;-4rfx; C& Secretary AP S TO FORM: A. Don Crowder, City Attorney day of JULY , A.D., 1981. M. B. Piers n, Mayor Attachment to Ordinance No. 350 Tract #5: Bethany Road VOL 141?PAGE19 Situated in Collin County, Texas, in the William Perrin Survey,-Abst. #708 and being part of Bethany Road. BEGINNING at an iron stake at the intersection of the East right of way line of Hwy #75 and the South line of Bethany road. THENCE South 75 deg 56 min 18 sec East with the South.line of Bethany road a distance of 866.09 ft. to an iron stake at the Beginning of a curve to the right with a central angle of 31 deg 28 min 43 sec and a radius of 781.42 ft, THENCE in an Easterly direction following the said curve an arc distance of 429.31 ft. to an iron stake in the end of the said curve. THENCE North 14 deg 01 min 44 sec East a distance of 5.0 ft. to an iron stake in the North right of way line of Bethany road. THENCE North 75 deg 58 min 16 sec West with the North line of Bethany road a distance of 1274.16 ft. to an iron stake in the East right of way line of U.S. Hwy #75. THENCE.South 14 deg 04 min 59 sec West with U' -S. Hwy #75 right of way. a distance of 120.0 ft. to the place of beginning containing 2.770 acres of land. This is to certify that I have this date made an on the ground survey of the property herein described. June 17, 1981 /John V. Cantrell Registered Public Surveyor LATA B IT I I., Attachment to Ordinance No. 350 Tract #7 VOL 1412PACE 420 Situated in Collin -County, Texas, in the William Perrin Survey Abst. #708 and being part of an 88.662 acre tract described in a Deed from Leonard Green, et al to Charles A. Forbes, Trustee, and recorded in Volume 1169 page 814 of the Collin County Land Records and being more fully described as follows: - BEGINNING at an iron stake in the Northwest corner of the said tract in the East right of way line of line of U.S. Hwy #75. THENCE North 88 deg 25 min 30 sec East a distance of 429.90 ft. to an iron stake. THENCE South 18 deg 21 min 30 sec East a distance of 79.68 ft. to an iron stake. Said stake being the Beginning of a curve to the right with a central angle of -16 deg'50 min -48 sec,a, radius of 783.22 ft. THENCE in a Westerly direction with the said curve an arc distance of 230.29 ft. to the end of the said curve: THENCE South 88 deg 25 min 30 sec West a distance of 256.64 ft. to an iron stake in the West A ine.:of the said tract. THENCE North 14 deg 04 min 59 sec East a distance of 114.19 ft. to the place of beginning containing 1.103 acres of land. -This is to certify that I have this date made an on the ground survey of the property herein described.' June 17, 1981 John V. Cantrell Registered Public Surveyor IRAT.3032 i`.la W 313 Y113 y1elluWX soil tj M JUA EXHIBIT B 1Q1� U F.T f.�9 ......................:... JOHN V: CANTRELL 1 ........................... 755 0 0 I. X. Attachment to Ordinance No. 350 VOL 14112PAGE 421 Tract #2:. c4. 2 Situated in Collin County, Texas, in the William Perrin Survey, Abst. #708 and being part of an 88.662 acre tract described in a Deed from Leonard Green, et al to Charles A. Forbes, Trustee and recorded in Vol- ume 1169 page 814 of the Collin County Land Records and being more ful- ly described as follows: BEGINNING at an iron stake. -in the.North line of the said tract. Said stake bears South 88 deg 27 min 07 sec West a distance of 402.79 ft. from the Northeast corner of the said tract. THENCE So4th 64 deg 20 min 55 sec West a distance of 101.58 it. to an iron stake., Said stake being the beginning of a curve to'the right with a central angle of 7 deg 17 min 18 sec.and a radius of 783.22 ft. THENCE in a Westerly direction with said curve an arc distance of 99.63 ft. to an iron stake. THENCE North 18 deg 21 -mi -n 30 sec West a distance of 79.68 ft. to an iron stake in the North line of the said tract. THENCE North 88 deg 27 min 07 sec East with the North line of the tract a distance of 209.05 ft. to the place of beginning containing 0.192 acres of land. This is to -certify that I have made an on the ground survey of the property herein described.;.:,:. 1Q� '0 F jr June 17, 1981 =« ..................... JOHN V. CANTRELL ............................ 755 u 'Q G fGIS �� k 'y ioh��n' V. Cantrell Registered Public Surveyor EXHIBIT C SQL h Ific- P12o� !DEERE t�Zon r* F04 *4AG � Ir C �peo J 2 *Y fol, RD = iJ I d 1�'�lfbRnow� z 9TM""Y 1 u I 1 1,3 Ac-) 1 ' � -'DEEeE Peop. � u � 1 F I 1 N 1 1 W I 1 � TRAC k • FoRL36S TIZor. \ APPe4e 10, 208 A zt S PROP. .- - •! Ac FRRES tkdP A Arpow Old AC dP . i �IGHT Of WAY To, Dec aH = t. i,►c Y F3rtiras i U.S 79 'fkaner� fZopoSE D roe PZARCHAt'!r' T�Y FMj6) CO(ZP. - AI.Le'W i -T*VAT !� - 'Dmc ?RoP, — 4.0 Ac CA r?949) Zo - Foitber Tfao P. - 10, Sob A C (AW¢.x ) lar. 14 8 Ac • to 15e DEDiCAMP Foe RIGHT of "Y pY > PCW . 10 A c , • To BQ '1E0Ieirero - Fr2 EIGKT or WAY ,bY TvRtQS Exxcv ped, Apply "A C ---so -1 o To Pp- sw• riec P,y Ate a AN o C MN of A w,w , 1.3Aa ane Pwo,, 'R it 1.7,tc op rxisr. oL-THMIY PL. E)cxoy ?k4p. A PPeex 1,1 A c C� m WILLIAM PEQRI#J Sule,._r ABSTRAcT A Ll.t"N 'roc. i Ge L1:I N -c0-& TX, M1 JUL 28 F1; 12: 1 I'=Li TF"i'S rl rRi;.Ct,i; -T'i COURT �.1,"i7 . I „i•.nJ BY ---_ DEPUTY Srpr£ of T s ailed on fheeby certify CCUNry PedOf the nn re"daac �dedte andlm that t arV dnherreoent Wash ecn pY me of Collin vo Coy y Tea pa e Alt, q198I_'�/ COUNTY CLERK Collin Co, nty. Texas v -- SPECIAL WARRANTY DEED THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That the CITY OF ALLEN, TEXAS in Collin County, State of Texas (hereinafter referred to as "Grantor"), acting herein by and through its City Manager, hereunto duly authorized by Ordinance No. 350, passed, approved and adopted by the City Council of the City of Allen, Texas on July 2, 1981, for and in consideration of the sum of One and No/100 Dollars ($1.00) cash in hand paid by CHARLES A. FORBES, TRUSTEE to Grantor and pursuant to the provisions of the hereinabove referred to Ordinance No. 350 authorizing the abandonment of a portion of "Old Bethany Road", being the real property hereinafter described, and authorizing its conveyance by Grantor to CHARLES A. FORBES, TRUSTEE, has GRANTED, SOLD AND CONVEYED, and by these presents DOES HEREBY GRANT, SELL AND CONVEY unto CHARLES A. FORBES, TRUSTEE (referred to herein as "Grantee"), all of that certain real estate (the "Property") lying and being situated in Collin County, Texas, more particularly described in Exhibit "A", attached hereto and made a part hereof. The conveyance of the Property is expressly made subject to the following (hereinafter called the "Permitted Encumbrances"): (a) Existing Southwestern Bell Telephone Company line situated on the Property not evidenced by an instru- ment of record in the Deed Records of Collin County, Texas; and (b) Existing Texas Power and Light Company electric lines situated on the property not evidenced by an instru- ment of record in the Deed.Records of Collin County, Texas. Grantee by its acceptance of the delivery of this Deed agrees that this conveyance is subject to the reservation by SPECIAL WARRANTY DEED, Page 1. Grantor of the right to cc_.tini!e to use and maintain, at the sole cost and expense of Grantor, Old Bethany Road, located on the Property, for the benefit of the public for a period not to exceed two (2) years from the date of this conveyance or until the date on which the portioq of the proposed realigned __1 Bethany Road located between U.S. Higrw_ay 75 (on the west) and the Southern Pacific Railroad tracks (on the east) is constructed and opened to public use, whicheber date occurs sooner, and on such date any and all rights of the City of Allen and the public, whether herein reserved or however created, granted or obtained, shall cease, terminate and come to an end forever. TO HAVE AND TO HOLD the Property, together with all and singular the rights and appurtenances thereto in anywise belong- ing, unto the said CHARLES A. FORBES, TRUSTEE, his successors and assigns, forever. Subject to the Permitted Encumbrances and the rights reserved by Grantor as hereinabove set forth, Grantor does hereby bind itself, its successors and assigns, to warrant and defend all and singular the Property unto the Grantee, his successors and assigns, against every person whomsoever lawfully claiming or to claim the same, or any part thereof, by, through or under the City of Allen, Texas but not otherwise. EXECUTED as of the J1' -,day of �Lt , 1981. 1� � l C \Y \OF EN, TEXA BY :\"-- /�a JON Mc`CARTY-, ffY MANAGER .1 ATTEST: C/ i os- MARTY HENDRIX CITY SECRETARY SPECIAL WARRANTY DEED, Page 2. U THE STATE OF TEXAS § § COUNTY OF § BEFORE ME, the undersigned, a Notary Public*in and for said County and State, on this day personally appeared JON McCARTY, City Manager of the City of Allen, Texas, known to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed and in the capacity therein stated. GIVEN QNDER.MY HAND AND SEAL OF OFFICE, this the L day of , 1981. Nota •y Public in and for the State of Texas My Commission E Aires: SPECIAL WARRANTY DEED, Page 3. 8 Tract #5: Bethany Road Situated in Collin County, Texas, in the William Perrin Survey, Abst.. T708 and being part of Bethany Rcad. BEGINNING at an iron stake at the intersection of the East right of way line of Hwy #75 and the South line of Bethany road. THENCE South 75 deg 56 min 18 sec East Vith the South line of Bethany road a distance of 866.09 ft. to an iron stale at the Beginning of a curve to the right with a central angle of 31 des 2S min 48 sec and a radius of 781.42 ft. t" THENCE North 88 deg 19 min 22 sec East (cord "bearin,q)and -an arc distance of 429-3Z ft. to an iron stake in the end of the said curve. THENCE North 14 deg 01 min 44 sec East a distance of 5.0 ft. to an iron stake in the North right of way line of Bethany road. THENCE North 75 deg 58 min 16 sec West with the North line of Bethany road a distance of 1274.16 ft. to an iron stake in the East right of way line of U.S. Hwy #75. THENCE South 14 deg 04 min 59 sec West with U.S. Hwy #75 right of way, a distance of 120.0 ft. to the place of beginning containing 2.770 acres of land. This is to certify that I have this date made an on the ground survey of the property herein described. June 17, 1981 E OF /John.V. N V. CANTRELL Cantrell �':�� 755��•.��•/•J 1 •. Registered Public Surveyor li••- I Revised June 26, 1981 Revised: July 7, 1981 MICKEY PIERSON MAYOR JOE FARMER MAYOR PRO TEMPORE J.M MCCLURE COUNCILMAN. PLACE 2 H R. DAUGHERTY COUNCILMAN PUCE 3 GLENN ANDREW COUNCILMAN, PLACE 4 G WARD PAXTON COUNCILMAN. PLACE S RICHARD L. CHUMBLEY COUNCILMAN. PUCE 6 JON MCCARTY CITY MANAGER MARTY HENDRIX CITY SECRETARY WALTER CURTIS TAX ASSESSOR -COLLECTOR DON CROWDER MUNICIPAL ATTORNEY HOWARD SHAPIRO MUNICIPAL JUDGE BOB ACKER FIRE MARSHAL RICHARD CARROLL CHIEF OF POLICE ROLAND H COMMONS LIBRARIAN JIMMY EATON WATER Q SEWER SURT RON GENTRY FIRE CHIEF LINDA J MIDTLING FINANCE BILL PETTY BUILDING OFFICIAL JOHN ULAND DIRECTOR OF PARKS AND RECREATION 3 CITY OF ALLEN July 21, 1981 Mrs. Betty Jones Southwestern Bell Telephone Company 307 N. McKinney McKinney, Texas 75069 Dear Betty: For your information, attached is a copy of Ordinance No. 354 adopted by the Allen City Council on July 16, 1981, which abandons a portion of the old Bethany Road from U. S. 75 to the Southern Pacific Rail- road Tracks. Please reference Section 3, paragraph (d), of the ordinance which speaks to the easements on the property for Southwestern Bell Telephone. If you have any questions regarding this ordinance, please contact my office. mh Encl. Sincerely, Marty Hendrix IJ City Secretary P 0 ROX 487 0 302 W MCDERMOTT 0 ALLEN. TEXAS 75002 0 214/727-3336 0 METRO 2 14/424-5918 MICKEY PIERSON MAYOR JOEFARMER MAYOR PRO TEMPORE J M MCCLURE COUNCILMAN. PLACE 2 H. R. DAUGHERTY COUNCILMAN, PLACE 3 GLENN ANDREW COUNCILMAN PLACE A G WARD PAXTON COUNCILMAN PLACE !3 RICHARD L. CHUMBLEY COUNCILMAN. PLACE G JON MCCARTY CITY MANAGER MARTY HENDRIX CITY SECRETARY WALTER CURTIS TAX ASSESSOP{OL LECTOR DON CROWDER MUNICIPAL ATTORNEY HOWARD SHAPIRO MUNICIPAL JUDGE BOB ACKER FIRE MARSHAL RICHARD CARROLL CHIEF OF POLICE ROLAND H COMMONS LIBRARIAN JIMMY EATON WATER & SEWER SUR RON GENTRY FIRE CHIEF LINDA J MIDTLINC FINANCE BILL PETTY BUILDING OFFICIAL JOHN ULAND DIRECTOR OF PARKS AND RECRF ATION CITY OF ALLEN July 21, 1981 Mr. Jerry Lockhart Texas Power & Light Company P. O. Box 340 McKinney, Texas 75069, Dear Mr. Lockhart: For your information, attached is a copy of Ordinance No. 354 adopted by the Allen City Council on July 16, 1981, which abandons a portion of the old Bethany Road from U. S. 75 to the Southern Pacific Rail- road Tracks. Please reference Section 3, paragraph (d), of the ordinance which speaks to the easements on the property for Texas Power & Light Company. If you have any questions regarding this ordinance, please contact my office. mh Encl. Sincerely, Marty Hendri� City Secretary PO BOX 487 • 302 W MCDERMOTT • ALLEN. TEXAS 75002 • 21 4/727.3336 • METRO 2 14/424-591 8 ALLEN CITY COUh%-IL July 16, 1981 Review of Bids Received and Award of Contracts on Reed Park and Walden and Rolling Hills Parks (cont'd) Page 4 (Agenda Item VII) Walden & Rolling Hills Parks: (Contract No. 810206A) Landscape Design & Construction $94,828.00 Council discussed with Ron Rana, with Ronald E. Fix & Associates, the reason the bids came in so high, the difference in the number of calendar working days, the low number of bids received, notification to the bidders of the bid date, the number of addendums sent out to bidders, the grant funds for Reed Park, and the timetable for con- struction of Reed Park in connection with the grant. Mayor Pierson advised that it was the City Engineer's recom- mendation to reject all bids and readvertise for bids. Upon a motion made by Councilman Andrew and seconded by Council- man Chumbley, the Council voted 7 - 0 to reject all bids for the two contracts, being Contracts No. 810206 (Reed Park) and 810206A (Walden & Rolling Hills Parks) and to readvertise for bids to be received prior to the second City Council meeting in August. Approval of By -Laws for the Parks and Recreation Board (Agenda Item VIII) John Uland, Director of Parks & Recreation, spoke before the Council on the proposed By -Laws for the Parks & Recreation Board. Upon a motion made by Councilman Paxton and seconded by Council- man McClure, the Council voted 6 - 0 in favor of the motion. (Mayor Pro Tem Farmer had stepped away from the bench.) Ordinance No. 354: Correcting and Amending Ordinance No. 350 Passed and Approved Under Date of July 2, 1981, and Providing for the Abandonment of a Portion of Old Bethany Road, Comprising Approximately 2.770 Acres +, from U. S. Highway 75 (on the west) to a Specific Point East Thereof, 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 Charles A. Forbes, Trustee; Providing for the Terms and Conditions of the Abandonment and Conveyance Made Herein; and Providing an Effective Date. (Agenda Item IX) _City Manager Jon McCarty reviewed with the Council the proposed ordinance amending Ordinance No. 350 and what the changes consisted of in the proposed ordinance. I ALLEN CITY COU_..._L July 16, 1981 Page 5 Ordinance No. 354: (cont'd) (Agenda Item IX) Upon a motion made by Councilman McClure and seconded by Mayor Pro Tem Farmer, the Council voted 7 - 0 to adopt Ordinance No. 354, amending Ordinance No. 350, as presented. Police Report - June, 1981 and Quarterly Report - January - June, 1981 (Agenda Item X -A) Police Chief Richard Carroll reviewed with the Council the Summary of Activities of the Allen Police Department as of June, 1981 and the Quarterly Report of January - June, 1981. There was no action taken on this item. Update on Vick's Trucking (Agenda Item X -B) City Manager Jon McCarty updated the Council on the status of the pending litigation in the Vick's Trucking matter and reviewed the history of the violations to City Ordinances with the Council. It was the consensus of the City Council to pursue the lit- igation against Vick's Trucking. Update on Status of Service Center/ City Hall Annex (Agenda Item X-C) City Manager Jon McCarty updated the Council on the status of the Service Center/City Hall Annex by presenting a revised floor plan containing 11,200 sq. ft. and a site plan showing the entry driveway, visitor and employee parking, the Service Center/City Hall Annex Building and landscaping. He advised that the floor plan had been reduced from the original 12,800 sq. ft. to the 11,200 sq. ft. due to a recent cost analysis which indicated that construction would be over the projected figure of $480,000. The cost analysis of the 12,800 sq. ft. building was estimated at $757,986. In a review of the cost by the architects and cost consultant, the figure was revised to $538,569, which resulted in a $42.00 per square foot cost. Thus a reduction to an 11,200 sq. ft. structure at a cost of $42.00 a square foot would result in a total figure of $470,400. Mr. McCarty further advised that at this time the School District is considering renovation of the old middle school for their Administrative Offices and anticipate having additional space available for leasing. This lease space might be an option for a location of City functions. There was considerable discussion among Council on the concept plan of the 11,200 sq. ft. building as opposed to the 12,800 sq. ft. building, the renovation of the old middle school for lease space, the cost factor involved, elimination of air conditioning in other spaces, the architects Providing their services for the interior design of the new facility, and bidding some aspects of the Service Center/City Hall Annex building as options in order to keep the costs of the project in line. CI11 i ' OF ALLEN P.O. BOX 487 ALLEN, TEXAS 75002 i July 13, 1981 To: Mayor and Members of the Allen City Council From: Jon McCarty, City Manager Subj: Abandoning Bethany Road You will recall at your July 2 meeting, the Staff requested that you favorable act on Ordinance No. 350 which abandoned old Bethany right-of-way to the adjoining property owners with the provision that the property owners also dedicate the new right-of-way realigning Bethany Road to' intersect with the underpass at Highway 75. After the Council acted favorably on this ordinance, it was reviewed in some detail by attorneys for John Deere Company, Charles A. Forbes, Trustee, and Exxon Corporation and they are requesting that the Council favorably consider amending Ordinance 350 and correcting some of the original language. Included for your review is a copy of Ordinance 350 and the proposed amendment. As you can see by reviewing these documents, they contain different language but accomplish the same end. Don Crowder, the City Attorney, has reviewed the proposed changes and has no problem with them. The changes include some corrections and some language changes. For example, on page 3 of Ordinance 350, the middle paragraph states, "It is the intent of the foregoing that there shall be'hereby reserved and accepted unto any and all utility companies or departments hereinafter referred to as utilities an easement for facilities The attorneys for the requesting parties suggest that this language allows the City to, in effect, give at some future date, an easement to a utility company across the old right-of-way. Although the City does wish to reserve a right-of-way for the 302 W WDERMOTT 0 214.727.3336 • 214-424-5g 1 R (n Ai i ac i mri - Memo: Mayor and MF -ers of the Allen City Coi L1 Subj: Abandoning ] hany Road PAGE: 2 existing utilities, it was never our intent to provide for any future easements in the old right-of-way. Any additional easements should, by convenience and necessity be located in the new realigned right-of-way. The Staff and City Attorney have reviewed both documents thoroughly and recommend the Council amend Ordinance 350 by passing the attached ordinance. It is unfortunate that all parties did not have an opportunity to review Ordinance 350 prior to Council action, but the logistics made it next to impossible. All parties involved have reviewed the amendment and request your cooperation in adopting the amending ordinance. ALLEN CITY COUNCIL July 2, 1981 Page 4 1 Mayor Pierson recessed the regular session of the Allen City Council at 8:40 p.m. The meeting reconvened at 9:00 p.m. Authorize Execution of Contracts Related to the Acquisition of Right -of -Way on Bethany Road (Agenda Item VII) City Manager Jon McCarty presented to the Council a small plat showing the existing Bethany Road, the proposed realignment of Bethany Road, and the adjacent property owners, those being Exxon'Corporation, Charles Forbes, and John Deere Company. Mr. McCarty reviewed the plat with the Council and provided an update on the agreements between the property owners for some land exchanges which will be closed on July 13th. At that time, the property owners involved will dedicate the right-of-way for the new proposed realignment of Bethany Road, the City of Allen will in turn abandon the old right-of-way of the existing Bethany Road (see proposed Ordinance No. 350), and commitments will be made as to the paving of Bethany Road (see proposed Resolution No. 351) . Mr. McCarty reviewed the following proposed ordinance and resolution with the Council: Ordinance No. 350: Providing for the Abandonment of a Portion of Old Bethany Road, Comprising Approximately 1.7 Acres +, from U. S. Highway 75 (on the west) to a Specific Point East Thereof, in the City of Allen and County of Collin, Texas, Within the Limits Hereinafter More Fully Described; Providing for the Sale and Con- veyance Thereof to Charles A. Forbes, Trustee; Providing for the Terms and Conditions of the Abandonment and Conveyance Made Herein; and Providing an Effective Date. Resolution No. 351: Authorizing the Execution of Certain Contracts Concerning the Construction and Reconstruction of a Portion of Bethany Road in the City of Allen. The Council discussed with the City Manager the status of paving Bethany Road from the Southern Pacific Railroad Tracks to State Highway 5 and the verbal commitment of the adjacent property owners to pay for the paving of it. Two property owners had recently indicated their reluctance to pave that portion at this time due to the heavy financial burden it would impose upon them. There was further discussion on the status of the paving of Bethany Road from State Highway 5 to Jupiter Road and the continued extension of Bethany Road to Allen Heights Drive in the future as a major thoroughfare of the City of Allen and the development of property adjacent to it.