HomeMy WebLinkAboutO-479-12-83.
VOL 1810YA,OE 7 73
ORDINANCE NO. 479-12-83
3513
AN ORDINANCE PROVIDING FOR THE ABANDONMENT OF A
DEDICATED 80 -FOOT WIDE STREET SITUATED BETWEEN BLOCKS F
AND K OF OLD DONATION TO THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS; PROVIDING FOR THE SALE AND CONVEYANCE THEREOF TO
MORBRO, INC., TRUSTEE; PROVIDING FOR THE TERMS AND
CONDITIONS OF THE ABANDONMENT AND CONVEYANCE MADE
HEREIN; 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 dedicated street is not needed for public use, and that same should be abandoned
and all of the City's interest therein should be assigned to Morbro, Inc., 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 Morbro, Inc., Trustee, 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, comprising a dedicated 80 -foot wide
street situated between Blocks F and K of Old Donation, 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.
Ordinance No. 479-12-83 - Page 1
i
VOL 1810PIGE 7 14
SECTION 2. That subject to the compliance with the conditions enumerated in
Section 3. below, the City of Allen does by these presents Bargain, Sell, Release and
Forever Assign unto the said Morbro, Inc., Trustee, its successors and assigns, all its
right, title and interest in and to that certain tract or parcel of land described
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 Morbro, Inc., Trustee, its 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, its 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,
r i
Ordinance No. 479-12-83 - Page 2
Vol'S-'0PAGE 775
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 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, its 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, plus the fees for
publishing this ordinance, which Grantee shall likewise pay.
SECTION 8. This ordinance shall take effect immediately from and after its
f
Ordinance No. 479-12-83 - Page 3
vC�. nPAGE f ,Jt)
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 COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 1st DAY OF DECEMBER , 1983.
w�
t
APPROVED AS TO FORM:
APPROVED:
4M—. Pierson, Mayor
ATTEST:
� lc�
Marty Hendrix,y Secretary
Ordinance No. 479-12-83
- Page 4
VO! 1C� i)PluE 77
F XAiRTrP n A n
BEING in the City of Allen, Collin County, Texas, and being a dedicated 80 -foot wide
street situated between blocks F and K of Old Donation to the City of Allen, and being
described more particularly by metes and bounds as follows:
BEGINNING at the northwest corner of said Block K, said corner bears North 11042'
East, 98.50 feet from the intersection of the north line of F. M. Highway No. 2170 with
the east line of East Avenue D;
THENCE North 11042100" East, 80.00 feet along the east line of East Avenue D to the
southwest corner of said Block F;
THENCE South 79003100" East, 437.47 feet to the southeast corner of said Block F;
THENCE South 1028143" West, 81.11 feet to the northeast corner of said Block K;
THENCE North 79003100" West, 451.86 feet along the north line of said Block K to the
place of beginning and containing 35,570 square feet of land, more or less.
Ordinance No. 479-12-83
- Exhibit "A" - Solo Page
f
vf C. OURT
by—
EXAS
COU'q"Y ()F CULL
'd b,
lecorded in ft y M
Volume and pege
of f.to 2 : 3
5L,:rIpc� Ccuntl, TsxzZ
JAN I
"'�'�:�'``COUIVTY CLERK? Colli, County, Tcxas
C%j
V
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, 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
d_3 'z- -
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
and which was issued on -, `Z 1 , by
of Collin County, Texas. A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before llq s � gday of , A.D. 19 .
-,
f ��C� 1 _9__J t �_� I
Notary Public in and for Collin County, Texas
Publisher's Fee S a0-QO
.......
CITY OF ALLEN
PUBLIC NOTICE
The following or-
dinances were,adopted,
by the Allen City Council
In a regular session held
on Thursday, December
1, 1983 (Titles and Penal-
ty Clauses only).
Ordinance- - .,No.
478.12.83: An Ordinance
of the City of Allen, Col-
lin County, Texas, Amen- '
ding Planned Develop-
ment Zoning Ordinance
No. 370.10.81 to.lnclude.
the Attachment of a Pro-.„
Approved Site Plan,tor
Development of ' .9852
Acres of Land Out of the
Peter Wetsel •StJrvey,�
Abstract No. 990,
Recorded In Volume 909,
Page .580, of•the Collin
County Deed Records,
Presently Delineated on
the Official Zoning Map
as a Portion of PD -SC
No. 5; Providing for a
Penalty; Providing for an'
Effective Date; and Pro-
viding for Publication of.,
the Caption.
That any person, firm,-
or corporation violating
any of the provisions or
terms of this ordinance
shall be subject to the
same,penalty as provid-
ed for in the Planned'
Development Zoning Or-
dinance No. 370.10.81 of -
the City of Allen ' and ,'
upon conviction 'shall be
,punished by a fine not to,
exceed the sum of
$200.00 for each offense..
,.1' Ordinance— No..
479.12-63: An Ordinance
Providing for the Aban- 1
donment of a Dedicated
80 -Foot Wide Street
Situated Between 1
Blocks F and K of Old 1
Donation to the City of
Allen, Collin County,
Texas; Providing for the
Sale and Conveyance
Thereof to Morbro, Inc.,
Trustee; Providing for I
the Terms and Condi-
tions of the Abandon-
ment and Conveyance
Made Herein; Providing
2. Public Notices
for the Payment of the
Publication Fee; and Pro.
viding an Effective Date.
Copies of these or
dinances may'be read or
purchased In the office.
Of the City Secretary,
Allen Municipal Annex,
Ohe Butler Circle, Alien,
Texas, between the
hours of 8:00 a.m. to 5:00
p.m.
Marty Hendrix
City Secretary
(Published In the Allen
American on Monday,
December 5, 1983 and
Thursday, December 8,
1983.)
CITY O ALL N ,
PUBLIC NOTICE
The, following or-
dinances were adopted
by the Allen City Council
In a regular sesslon held
on Thtfraday; December
1. 1983 (Titles and Penal-'
ty Clauses only).
Ordinance No.
476-12.83: An Ordinance
of the Clty of Allen, Col-
lin County, Texas, Amen.
ding Planned Develop.
ment Zoning Ordinance'
No. 370.10.81 to Include
the Attachment of a Pro-
perty Description and
Approved Site Plan for
Development of .9852
Acnes of Land Out of the
Peter Wetsel 'Survey,
Abstract No. 990,
Recorded In Volume 909,
Page 580, of the Collin
County Deed Records,
Presently Delineated on
the Official Zoning Map
as a Portion of PO -SC
No. , 5, Providing for a
Penalty; Providing for an
Effective Date; and Pro-
viding for Publication of
the Caption.
That an pr+rson,, flan; j
hall be autQW6V' tb the
anie,,penalas provid-
d for In the Planned
ovelopment Zoning Or-
Inance No. 370.10.81 of
is City of Allen and
pon conviction shall be
unished by a fine not to
xceed the sum of
200.00 for each offense.
Ordinance No.
M12.83: An Ordinance
roviding for the Aban-
onment of a Dedicated
0 -Foot Wide Street
ituated Between
locks F and K of Old
onation to the C* of
lion, Collin County,
axes; Providing for the
ale and Conveyance
hereof to Morbro, Inc.,
rustee; Providing for
is Terms and Condl-
one of the Abandon -
went and Conveyance
lade Herein; Providing
)r the Payment of the
ublication Fee; and
Pro -ding an Effective Date.
Copies of these or-
Inances may be read or
purchased in the office
of the City Secretary,
Allen Municipal Annex,
One Butler Circle, Allen,
Texas, between the
hours of 8:00 am. to 5:00
P.m.
Marty Hendrix
City Secretary
(Publlahed In the Allen
American on Monday,
December 5, 1983 and
Thursday, December 8,
1983.)
n'
CITY OF ALLEN
January 9, 1984
MICKEY PIERSON
MAYOR
JOE FARMER
MAYOR PRO TEMPORE
Mr. David McCall
J. M.MCCLURE
Boyd, Veigel, Gay & McCall
COUNCILMAN. PLACE 2
1501 Downtown Center
REX WOMACK
Plano, Texas 75074
COUNCILMAN. PLACE 3
DON RODENBAUGM
Dear Dave
COUNCILMAN. PLACE e
G. WARD PAXTON
COUNCILMAN. PLACE B
Per the requirements of the ordinance adopted
DENNIS OFFUTT
COUNCILMAN. PLACE 6
by the Allen City Council to abandon the 801 street
JON MCCARTY
CITY MANAGER
right-of-way, enclosed you will find a copy of the
MAR" HENDIMx
CITY SECRETARY
affidavit and proof of publication of the ordinance
WALTER CUffM
TAX COLLECTOR
caption that was published on December 5th and 8th,
DON CROWDER
MUNICIPAL ATTORNEY
SPENCERKOPF
along with a statement for the costs of those
MUNICIPAL JUDGE
BOBACKER
publications.
FIRE MARSHAL
RICHARD CARROLL
POLICE
Please note that "The Allen American" charges
g
CHIEF OF
ER IE DIRECTOR
DI11[CTDR OF PUELIC WORKS
10� per word and we charged
P g you only for the caption
RON GENTRY
FIRE CHIEF
of your ordinance which is highlighted in red.
LINDA J. MIDTLING
FINANCE
Please make your payment out to the City of Allen
BILL PETTY
DIRECTOR �ELOPMENT
and send it to the attention of Barbara Perrin, Account
MARK THORNTON
Clerk.
DIRECTOR OF
PARKS AND RECREATION
SARBARABUEHLER
If you have any questions regarding this matter,
LIBRARY DIRECTOR
please contact me.
Sincerely,
M a-�
Marty Hend 'x
City Secretary
mh
Encls.
ONE BUTLER CIRCLE 0 ALLEN. TEXAS 75002 0 214/727-9171 0 METRO 214/424-7518
STATEMENT
CITY OF ALLEN
*Oman
One Butler Circle
Allen, Texas 75002
Mr. David McCall
Boyd, Veigel, Gay & McCall
1501 Downtown Center
L Plano, Texas 75074
AUM, TD(AS 75M
DATE January 6, 1984
Dote
DeKdption
BOW=
1/6/84
Publication of Ordinance No. 479-12-83 Caption Re:
Abandonment of Dedicated 80' Street Right -of -Way
69 words @ 100 per word = $6.90 per publication
Publications on 12/5/83 and 12/8/83
$ 13
80
MAKE CHECK OUT TO THE CITY OF ALLEN
AND SEND TO THE ATTENTION OF BARBARA PERRIN
i
i
„�
1-.. we
Prepared by the State Bar of Texas for use by lawyers only. Reviewed
1-1-76. Revised to inelude grantee's address (art. 6626, RCS) 1-1-52.
SPECIAL
WARRANTY DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
That the undersigned, CITY OF ALLEN, TEXAS, acting by and through its duly author-
ized City Manager, herein called "grantor",
of the County of Collin and State of Texas, for and in
consideration of the sum of TEN and No/100-------------------------------------------
---------------------------------------- ($10.00)---------------------- DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of
which is hereby acknowledged,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT, SELL AND CONVEY unto
MORBRO, INC., TRUSTEE, herein called "grantee",
of the County of Collin and State of Texas
, all of
the following described real property in Collin County, Texas, to -wit:
See Exhibit "A" attached hereto and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described premises, together Nvith all and singular the rights and
appurtenances thereto in an}wise belonging, unto the said grantee its successors Rkxs and assigns
forever; and it does �M hereby bind itself and its successors to
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , its
successors `
:acdxs and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof,
by, through or under it, but not otherwise.
EXECUTED this day of -CA. , A.D. 1983.
A TTEST:
a_j
Marty Hen rix, City Secretary
CI ---OF.- LLE N, -T S .. ........ ....
orty, Cit anage
Mailing address of each grantee:
Name: Morbro, Inc., Trustee
Address: 2425 N. Centra 1 Expressway
Suite 323
Richardson, Texas 75080
Name:
Address:
(Acknowledgment)
STATE E OF TEXAS l
COI: N IY OF- Collin
This instrument \vas ackno\\ledged before me on the day of A, 19
b� Jon McCarty, City Manager of the City of Allen,, Texas, a municipal corporation, on
behalf of said municipal corporation. '
M\ commission exoires:i ............... j_ [��f/.GTL.r.S<��!..-!.`r....................
N ary Publicilme of Texas
/..... �� Notary's printed name:
(Acknowledgment)
STATE OF TEXAS 1
COUNTY OF f
This Instrument was acknowledged before me on the
b\ .
NI\ commission expires:
day of
, 19
--------------.............................................................. ......................
Notary Public, State of Texas
Notary's printed name:
(Corporate Acknowledgment)
STATE OF TEXAS
COUNTY OF
This instrument was acknowledged before me on the day of
by ,
Of
a corporation, on behalf of said corporation.
IMy commission expires:
AFTER RECORDING RETURN TO:
M orbro, Inc., Trustee
2425 N. Central Expressway
Suite 323
Richardson, Texas 75080
, 19
•----•.................••--•---..........-----..----------•----......---•---••-•---•------------..-•----•.
Notary Public, State of Texas
Notary's printed name:
RXNTRTT nAn
BEING in the City of Allen, Collin County, Texas, and being a dedicated 80 -foot wide street
S ituated between blocks F and K of Old Donation to the Citv of Allen, and being described
more particularly by metes and bounds as follows:
BEGINNING at the northwest corner of said Block K, said corner bears North 11042' East, 98.50
feet from the intersection of the north line of F. M. Highway No. 2170 with the east line of
East Avenue D; 'I
I
THENCE North 11042100" East, 80.00 feet along the east line of East Avenue D to the I
southwest corner of said Block F;
h
THENCE South 79003100" East, 437.47 feet to the southeast corner of said Block F;
THENCE South 1028143" West, 81.11 feet to the northeast corner of said Block K;
4
THENCE North 79003100" West, 451.86 feet along the north line of said Block K to the place of I
beginning and containing 35,570 square feet of land, more or less. I
ML
Prepared by the State Bar of Texas for use by lawyers only. Reviewed
1-1-76. Revised to include grantee's address (art. 6626, RCS) 1-1-82.
SPECIAL
WARRANTY DEED
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
That the undersigned, CITY OF ALLEN, TEXAS, acting by and through its duly author-
ized City Manager, herein called "grantor",
of the County of Collin and State of Texas, for and in
consideration of the sum of TEN and No/100-------------------------------------------
------------------------------------------ ($10.00)---------------------- DOLLARS
and other valuable consideration to the undersigned paid by the grantee herein named, the receipt of
which is hereby acknowledged,
have GRANTED, SOLD AND CONVEYED, and by these presents do GRANT. SELL AND CONVEY unto
MORBRO, INC., TRUSTEE, herein called "grantee",
of the County of Collin and State of Texas
, all of
the following described real property in Collin County, Texas, to -wit:
See Exhibit "A" attached hereto and made a part hereof for all purposes.
TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and
appurtenances thereto in anywise belonging, unto the said grantee , its successors Jggm and assigns
forever; and it does & hereby bind itself and its successors to
WARRANT AND FOREVER DEFEND all and singular the said premises unto the said grantee , its
successors `
JqodRS and assigns, against every person whomsoever lawfully claiming or to claim the same or any part thereof,
by, through. or under it, but not otherwise.
EXECUTED thus ��� day of Q CQ, , A.D. 19 83.
ATTEST:
Marty Hen rix City Secretary
CI OF ALLEN, T S
�y ..- ........ . � . .................... ....
on Carty, Ctt} anager
Mailing address of each grantee:
Name: Morbro, Inc., Trustee Name:
Address: 2425 N. Centra l Expressway Address:
Suite 323
Richardson, Texas 75080
(Ackuowledgment)
Sl \TE Ol: TEXAS �
COUNTY OF Collin /
This instrument was acl.no%%ledeed before me on the �9 ��1 day of /I C—C 4-'1 GC.e/4� 19
b, Jon McCarty, City Manager of the City of Allen, Texas, a municipal corporation, on
behalf of said municipal corporation.
M% conun,;sion expires: •--- ••--- ' . -' ---- `�
ar Publi State of Texas
Notary' , s printed name:
(Acknowledgment)
STATE OF TEXAS 1
COUNTY OF 1
This insuUnum was ZiCknOMledged before me on the
bx
My commission expires:
day of
Notary Public, State of Texas
Notary's printed name:
(Corporate Acknowledgment)
STATE OF TEXAS 1
COUNTY OF f
This instrument was acknowledged before me on the day of
by
Of
a
My commission expires:
I
corporation, on behalf of said corporation.
AFTER RECORDING RETURN TO:
Morbro, Inc., Trustee
2425 N. Central Expressway
Suite 323
Richardson, Texas 75080
, 19 ,
, 19
-----•--------------------• ............................... ...............................................
Notary Pub!ic, State of Texas
Notary's printed name:
EXHIBIT "A"
BEING in the City of Allen, Collin County, Texas, and being a dedicated 80 -foot wide street
situated between blocks F and K of Old Donation to the Citv of Allen, and being described
more particularly by metes and bounds as follows:
BEGINNING at the northwest corner of said Block K, said corner bears North 11°42' East, 98.50
feet from the intersection of the north line of F. M. Highway No. 2170 with the east line of
East Avenue D;
THENCE North 11042100" East, 80.00 feet along the east line of East Avenue D to the
southwest corner of said Block F;
THENCE South 79003100" East, 437.47 feet to the southeast corner of said Block F;
THENCE South 1028143" West, 81.11 feet to the northeast corner of said Block K;
THENCE North 79003100" West, 451.86 feet along the north line of said Block K to the place of
beginning and containing 35,570 square feet of land, more or less.
CERTIFICATE
THE STATE OF TEXAS S
S
COUNTY OF COLLIN §
THAT I, Marty Hendrix, City Secretary of the City of Allen, Texas, hereby
certify that the foregoing is a true and correct copy of Ordinance
No. 479-12-83 duly passed and approved by the City Council of the City of
Allen, Texas, on the 1st day of DECEMBER , 1983.
WITNESS MY HAND this the 6th day of December , 1983.
Marty Hendrix
THE STATE OF TEXAS S
5
COUNTY OF COLLIN S
BEFORE ME, the undersigned, a Notary Public in and for said State, on this day
personally appeared MARTY HENDRIX, City Secretary 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 she executed the same for the purposes and consideration
therein expressed and in the capacity as therein stated.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, this the 6th day of
December , 1983.
Notary Public, State of Texas
My Commission Expires:
Ordinance No. 479-12-83
- Certificate - Solo Pae
g ,
I
ALLEN CITY COUNCIL
December 1, 1983
Consider a Request to Abandon
an Existing 80' Right -of -Way
Within the City of Allen
and
Ordinance No. 479-12-83: An Ordinance
Providing for the Abandonment of a
Dedicated 80 -Foot Wide Street Situated
Between Blocks F and K of Old Donation
to the City of Allen, Collin County,
Texas; Providing for the Sale and
Conveyance Thereof to Morbro; Inc.,
Trustee; Providing for the Terms and
Conditions of the Abandonment and
Conveyance Made Herein; Providing for
the Payment of the Publication Fee;
and Providing an Effective Date.
Page 6
(Agenda Item VI)
David McCall, III, an attorney with Boyd, Veigel, Gay &
McCall, spoke before the Council on a request to abandon an
existing 80' right-of-way within the City of Allen located
between Blocks "F" and "K" of the Old Donation.
City Manager McCarty advised the Council that the city
staff had reviewed the request and saw no objections with the
abandonment of this property and advised that the city had
checked with the engineering consultants on the need for this
right-of-way and they had advised that it was not needed.
MOTION: Upon a motion made by Councilman Womack and seconded
by Mayor Pro Tem Farmer, the Council voted 7 - 0 to
approve the request and to adopt Ordinance No. 479-
12-83, as captioned above. The motion carried.
Holiday Season Schedule
(Agenda Item VII -A)
City Secretary Marty Hendrix advised the Council of the
proposed date for the City of Allen's Christmas Party, being
Tuesday, December 20, 1983, and that invitations would be
forthcoming.
City Manager McCarty advised the Council of the dates that
City Hall would be closed, being Friday, December 23rd, Monday,
December 26th, and Monday,January 2, 1984.
This item was received as a matter of information, there
was no action taken on this item.
City Maps Agenda Item VII -B)
City Manager McCarty advised the Council of the need to
i update the city limits map which was a project between the
City of Allen and the Allen Chamber of Commerce which was done
I approximately every 18 months to 2 years. Mr. McCarty advised
that this project cost was approximately $4,000, with the
city's portion of the cost being $2,000.
MOTION: Upon a motion made by Councilman Paxton and seconded
by Councilman McClure, the Council voted 7 - 0 to
appropriate the expenditure of funds in the amount
of $2,000 for the update and copies of the city
limits map. The motion carried.
i
len
MICKEY PIERSON
MAYOR
JOE FARMER
MAYOR PRO TEMPORE
J M MCCLURE
COUNCILMAN. PLACE I
REX WOMACK
COUNCILMAN PLACE 9
DON RODENBAUGH
COUNCILMAN RACE 4
G WARD PAXTON
COUNCILMAN PLACE 7
DENNIS OFFUTT
COUNCILMAN PLACE 6
JON MCCARTY
CITY MANAGER
MARTY HENDRIX
CITY SECRETARY
WALTER CURTIS
TAX COLLECTOR
DON CROWDER
MUNICIPAL ATTORNEY
SPENCER KOPF
MUNICIPAL JUDGE
BOB ACKER
FIRE MARSHAL
RICHARD CARROLL
CHIEF OF POLICE
ERNIE HOBACK
DIRECTOR OF PUBLIC WORKS
RON GENTRY
FIRE CHIEF
LINDA J MIOTLING
FINANCE
BILL PETTY
DIRECTOR OF
COMMUNITY DEVELOPMENT
MARK THORNTON
DIRECTOR OF
PARKS AND RECREATION
BARBARA BUEHLER
LIBRARY DIRECTOR
CITY OF ALLEN
November 9, 1983
Mr. Don Crowder
CROWDER & MATTOX
P. 0. Box 45
Allen, Texas 75002
Dear Don:
Attached is a request to abandon an existing right-
of-way within the City of Allen. My letter to the
property owner concerning that request is attached.
I would like you to review this and check out the
procedures that need to be followed to abandon this
right-of-way should the Council decide to do so.
JMcC/jm
Encl.
ncerely,
Jon McCarty
CitylManager
ONE BUTLER CIRCLE 0 ALLEN. TEXAS 75002 0 214/727-9171 9 METRO 214/424-7518
J. MICHAEL AMIE
JOHN O'KEEFE BARRY
BILL BOYD
ROLAND BOYD
JAMES R. CRAIG
LAWRENCE FISCHMAN
JOHN E. GAY
LEWIS L. ISAACKf
JERRY A. KAGAY
T. JAMES LANE
J. KATHRYN LINDAUER
DAVID MCCALL
RICHARD L. ROBERTSON
JOHN R. STOOKSBERRY
EDWARD J. VEIGEL
OF COUNSEL
GRACE D. RUNGE
LAW OFFICES
BOYD, VEIGEL, GAY & MCCALL
A PROFE.BBIONAL CORPORATION
1501 DOWNTOWN CENTER MCKINNEY OFFICE,
PLANO, TEXAS 75074 210 EAST LOUISIANA
P. O. DRAWER B
(214) 424-8001 MCKINNEY, TEXAS 76069
(214)
November 7, 1983 4
METRO: (2I4) 1 4 4241
24.6344
DALLAS OFFICE:
D (• �%� }1 SUITE
n II \IrT16ld jUl ONE GALLERIA IA TOWER
14243 NOEL ROAD
Ir R1 DALLAS, TEXAS 74240
(214) 266.0063
NOV 9 ��
CITY Or ALLEN
CITY MANAGER
Mr. Jon McCarty
City Manager -City of Allen
One Butler Circle
Allen, Texas 75002
Re: Abandonment of 80 Ft. Strip
City of Allen
Dear Jon,
Thank you very much for your recent letter regarding
the abandonment of an 80 foot strip across a tract of land
which is owned by myself and other parties.
Please consider this a formal request on behalf of the
owner to abandon the right of way. We understand that all
cost associated with that abandonment, including development
of the ordinance quit claim deed and other documents shall be
our responsibility.
I have obtained the metes and bounds description of the
80 foot strip and have prepared a quit claim deed, which I
have enclosed.
Please advise me if it is your desire that I prepare
the city ordinance abandoning that property, if the city
council so chooses.
Your kind assistance in this matter is greatly appreciated.
Sincerely,
David B. McCall, III.
DBm/d 1
Enclosure
16
10
Prepby the State Bar of Texas for use by Lawyer ly.
N 0 T I C To se the proper Dorm, Jill in blank spaces, strike ..Jorm provisions
or insert special terms constitutes the practice of -law. No "standard
form," can meet all requirements.
THE STATE OF TEXAS
COUNTY OF COLLIN
QUITCLAIM DEED
KNOW ALL MEN BY THESE PRESENTS:
That the undersigned, CITY OF ALLEN, TEXAS, acting herein by and through
its duly authorized City Manager, herein called "grantor"
of the County of'- .- - .-Collin ..................... . .. ......... . State of .... ........ Texa-s . ............--......, for and
in consideration of the sum of- . - ....--.--TEN AND N0/.1-00.. ($.1__0_-.0_0.).7 - - ---...-....-._.-_ DOLLARS
in hand paid by the grantee . herein named, the receipt of which is hereby acknowledged, have QUIT-
CLAIMED, and by these presents do QUITCLAIM unto .---- . MORBRO, ..INC . , TRUSTEE
- - - ------------------- --- ------------ --•- ....-- ..... . ........--- .. -- ---- - ..------------ ---- ----- ---- ............... ..... .... of the
County of-- Collin , State of.--- . -Texas , all of -. ---its -- --right,
title and interest in and to the following described real property situated in.. - - Co 11 in County,
Texas, to -wit:
BEING in the City of Allen, Collin County, Texas, and being a dedicated
80 foot wide street situated between Blocks F and K of Old Donation to
the City of Allen, and being described more particularly by metes and
bounds as follows:
BEGINNING at the northwest corner of said Block K. said corner bears
North 11°42' East, 98.50 feet from the intersection of the north line of
F. M. Highway No. 2170 with the east line of East Avenue D;
THENCE North 11°42'00" East, 80.00 feet along the east line of East
Avenue D to the southwest corner of said Block F;
THENCE South 79°03100" East, 437.47 feet to the southeast corner of
said Block F;
THENCE South 1°28143" West, 81.11 feet to the northeast corner of
said Block K; ,
THENCE North 79°03100" West, 451.86 feet along the north line of
said Block K to the place of beginning and containing 35,570 square feet
of land, more or less.
TO HAVE AND TO HOLD all of ... it s ....... right, title and interest in and to the above described property
and premises unto the said grantee..., .. itS -- -- . heirs and assigns forever, so that neither .-- i -t -------------- nor
...... its ........ heirs, legal representatives or assigns shall have, claim or demand any right or title to the
aforesaid property, premises or appurtenances or any part thereof.
EXECUTED this.--.....-th y of - -- November .........-, A. D. 19..8.3.--.
da -- - -
ATTEST: CITY OF ALLEN TEXAS
- ..................... ---- ---- _5. ... ........ ..................
By:
Marty Hendrix, City Secretary-----------
................................................ ... .
Jon McCarty, City Manager
(Acknowledgment)
THE STATE OF TERAS
COUNTY OF I
Before me, the undersigned authority, on this day personally appeared
known to me to be the person ... whose name .. . subscribed to the foregoing instrument, and acknowledged to me that
he executed the same for the purposes and consideration therein expressed.
Given under my hand and seal of office on this the
THE STATE OF TERAS 1
COUNTY OF COLLIN /}
day of
,A.D.19
. .............. . .... ................ . ............
Notary Public in and for County, Texas.
(Acknowledgment)
Before me, the undersigned authority, on this day personally appeared
Jon McCarty, City Manager of 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 expresse in the capacity therein
stated and as the act and deed of said City of Alen, Texas.
Given under my hand and seal of office on this the day of November , A. D. 1983,
Notary Public in and for State -of ?(76iYdiyl( Texas.
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Before me, the undersigned authority, on this day personally appeared
Jon McCarty, City Manager of 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 expresse in the capacity therein
stated and as the act and deed of said City of Alen, Texas.
Given under my hand and seal of office on this the day of November , A. D. 1983,
Notary Public in and for State -of ?(76iYdiyl( Texas.
CITY OF ALLEN
MICKEY PIERSON
MA•O.
November 4, 1983
JOEFARMER
MAYOR NO TEMPORE
J M MCCLURE
COUNCILMAN PLACE T
REX WOMACK
:OUNCILVAN PLACES
Mr. David B. McCall, III
DON RODENBAUGH
BOYD, VEIGEL, GAY & MCCALL
'-OL'✓iMAN PLACE
1501 Downtown Center
G WARD PAXTON
Plano, Texas 75074
:OUNCILMAN PLACE 5
DENNIS OFFUTT
Dear David:
COUNCILMAN PLACE G
JON MCCARTYCil• MANAGER
You requested that the City staff review the
MARTY HENDRIX
possibility of the City of Allen abandoning the
�;- SE•:RE•ARY
dedicated 80 foot street across a tract of land
WALTER CURTIS
that you own within the City of Allen.
TAA COLLECTOR
DON CROWDER
The City staff has reviewed your request and it is
MUNICIPAL ATOPNEY
our opinion that the right-of-way will not be needed
SPENCER KOPF
for the following reasons:
MUP41CIPAL JUDGE
BOBACKER
F•RE MARSLAL
• presently the existing right-of-way is unimproved.
RICHARD CARROLL
iM EF OF POLICE
'
• The right-of-way intersects with the Cottonwood
ERNIE HOBACK
Creek approximately at the rear of the Cottonwood
DIRECTOR OF PUBLIC WORKS
Creek Shopping Center and therefore could not
RON GENTRY
be extended eastward beyond its present termination
FRE' MIEF
point at the Creek.
LINDA J MIDTLING
FINANCE
• At one point the right-of-way is within 100 feet
BILL PETTY
DIRECTOR OF
of the existing right-of-way along F.M. 2170.
COMMUNITY DEVELOPMENT
F.M. 2170 should be able to handle the traffic
MARK THORNTON
within this corridor.
DIRECTOR OF
PARKS AND RECREATION
• The right-of-way divides your tract of land into
BARBARA BUEHLER
L'BRARY DIRECTOR
two pieces, making the northern tract less
useful than it might otherwise be without the
existence of the right-of-way.
ONE BUTLER CIRCLE 0 ALLEN, TEXAS 75002 0 214/727.9171 0 METRO 214/424-7518
r . I
Page 2
Mr. David B. McCall, III
November 4, 1983
For these reasons we do not anticipate the need to
arise for the City to use that existing right-of-way.
I should point out, as I'm sure you understand, that
the possibility does exist, depending upon your use
of the property, that an internal street within the
tract may be necessary. Also, based upon our conversa-
tions with a traffic engineering firm, we have found
that it will be necessary for Dogwood to be constructed
within its right of way that presently lies immediately
west of your tract of land.
If you desire that the City abandon this right-of-way,
a formal request by the property owner should be made
to the City Council as soon as possible. In cases
where the City Council has been requested to abandon
a right-of-way, all costs associated with that abandonment
including development of the ordinance, quit claim
deed, and other documents are the responsibility of
the petitioner. Once I have received your request and
the other necessary documentation, I will refer the
matter to our attorney for his review.
If you have any questions, please contact me.
JMcC/jm
cc: Bill Petty
Sincerely,
Jon McCarty
City Manager
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