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Home My WebLink AboutO-990-8-903328 096 41195 ORDINANCE NO. 990-8-90 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN AND TO A SANITARY SEWER EASEMENT SITUATED IN THE CITY OF ALLEN AND BEING A SURVEY OF PART OF TRACT 5 OF THE (ALLEN TOWNE CENTER) AS SHOWN ON THE PLAT RECORDED IN VOLUME E, PAGE 139, COLLIN COUNTY DEED RECORDS, AND BEING DESCRIBED BY METES AND BOUNDS IN EXHIBIT "A" HEREIN; QUITCLAIDIIING ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SUCH EASEMENT TO PROPERTY OWNERS TO THE EXTENT OF THE CITY OF ALLEN'S INTEREST; AUTHORIZING CITY MANAGER TO EXECUTE ANY DOCUMENTS DEEMED NECESSARY; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Allen, Texas, has been requested to abandon all right, title and interest of the City in and to a portion of the Sanitary Sewer easement on Tract 5 Allen Towne Center which is located within the City of Allen, Collin County, Texas, and which is more particularly described by metes and bounds in Exhibit "A" attached hereto and incorporated herein; and, WHEREAS, the City Council has determined that there will be no detrimental effect on the City if the proposed easement is abandoned and quitclaimed to the property owners to the extent of the city's interest; and, WHEREAS, the City staff has reviewed the request and the City Council and has determined that there will be no detrimental effects on the City if the requested easement is abandoned and quitclaimed to the extent of the City's interests to the property owners; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1: All right, title and interest of the City of Allen, Texas in and to the Sanitary Sewer easement on Tract 5 Allen Towne Center as described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes is hereby abandoned; and all right, title and interest of the City in and to the easement is hereby quitclaimed to the property owners in accordance with the City of Allen's respective interest. A certified copy of this Ordinance many 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 easement by the City of Allen . Ordinance No. 990-8-90 Page No. 1 3328 097 5 SECTION 2: Exhibit "A" attached hereto and incorporated herein describes by metes and bounds the portion of the Sanitary Sewer easement on Tract 5 Allen Towne Center. SECTION 3: The City Council hereby finds and determines that the abandonment of the Sanitary Sewer easement Tract 5 Allen Towne Center 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 4: This Ordinance shall take effect from and after its passage and upon filing of a abandonment document. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 2ND DAY OF AUGUST, 1990. "ACn. APPROVED: 4196rw� toe Farmer, MAYOR SECRETARY Ordinance No. 990-8-90 Page No. 2 a 13 24. 099 EXHIBIT A (1) ORDINANCE NO. 990-8-90 LEGAL DESCRIPTION OF 10 FOOT SANITARY SEWER EASEMENT Situated in the City of Allen, Collin County, Texas, in the Peter Wetsel Survey, Abstract No. 990 and being a part of a 0.624 acre tract as described in a deed from Paul Parker. to Weston L. Blair and recorded in Volume 3265, Page 763 of Collin County Land Records and also being known as Tract 5 of the Allen Towne Center, and•addition to the City of Allen, Collin County, Texas, according to the filed plat recorded in Volume E, Page 139 of the Collin County Map and Plat Records and being more fully described as follows: BEGINNING at a point in the West line of the said 0.624 acre tract and the East right-of- way line of State Highway No. 5. Said point bears South 30 deg. 53 min. 58 sec. West a distance of 130.69 feet from the Northeast corner of the said 0.624 acre tract. THENCE South 01 deg. 04 min. 29 sec. West a distance of 216.80 feet to a point in a curve in the Northeast right-of-way line of Jupiter Road. Said curve having a central angle of 03 deg. 36 min. 01 sec. and a radius of 230.00 feet and a bearing to the radius point of South 49 deg. 04 min. 32 sec. West. THENCE in a Northwesterly direction along the are of the said curve to the left and the North- east right-of-way line of Jupiter Road an arc length distance of 14.45 feet to a point. THENCE North 01 deg. 04 min. 29 sec. East a distance of 188.92 feet to a point in the West line of the said 0.624 acre tract and the East right -or -way line of State Highway No. 5. THENCE North 30 deg. 53 min. 58 sec. East with the West line of the said 0.624 acre tract and the East riqht-of-way line of State Highway No. 5 a distance of 20.11 feet to the place of beginning and containing 0.047 acres of land. June 23, 1990 V vS✓ ,John V. Cantrell Registered Professional Land Surveyor JOHN V. CA TRELL �\19 755 LCI '- �- o -v t o �� N R cn :{3 Lo _ Irl 1RM 11i' t, i •1�I'q .B JUi t • - } CANTRELL SURVEY/NGCOMPANY "6W. LOUIS/ANA Sr McKINNEY, TX. 75069 214-542-5873 .108NO 4534 -CRA -ALL -6-90 FLAT F/LE •A" tj Return To: CITY SECRETARY City of Allen One Butler Circle Allen, Texas 75002 3IN-. I00 E SALE, ANY PROVISION HEREIN WHICH BED REAL CTS RENTAL PROPERTY RENTAL OR USE OF THE DESCRIBED BECAUSE OF COLOR OR RACE IS INVALID AND UNEM FORCEABLE UNDER FEDERAL S T A T E OF TEXAS COUNTY OF COLLM F,ied rm the date and time sbmped Iw�011byMtodRts duty recorded in the volume tmd pp d tb• wW Mc0* of Coihn County. Texas as sbmped bnon by ML AUG 48. 40 I 0,,.� C10Z'Iisea' V , 13 I0--.11 ✓V .11 u 1F COUNTY CLERIL Cam Cm*. Tart 098 EXHIBIT A (2) ORDINANCE NO. 990-8-90 SURVEY PLAT �P:Tar P.,e / A00 PLACE OF BEG/NN/NG 0own 6 - \ti it 1 R F Down Err water vanes / i I F.re Rreronr /z '50—fort Serer L,�* Per Srr.ry P/or bl Groloo / Assorr:rer.or.d � / I I1ell / `1�4 PLACE OFBEG/NNIISG 0 OF 0047ACRE TRACT .� • °o Q N 53 58'E. j Pal Sol.., Plot Dy l0 -C Gronom Alsocrores oh 7 Parer Pel. —ti. -j / W I - 30 Apondonod 60'R o W I, n sco/e: / Retarded m Vol 1076, _ Pop. do/ ofthe Carrvn LCe.nty Lane Retard#—� I 3 re+os Parer and Lrplor Go), Anchor - £ase-onr and Rghr-at.War i� r1• —_ I C� / ROC:reel r n Volume 1140, Popa fM�—60'----"-----I-� N �2 .L'. 57eol tha Colnn Co.n1r Oeed Records (Rare no per were or one nor tVon,# on t �`�• I ,::n, 01 JF \,ya / ti set":• a I / ySy v t IO y •/rt" tn C / i� �•°�/O'Uf,Crrr East -ant Pal Ptor Recorded a�J Q� Z wai ^ I I rn Vol—* £, Pope /39 r 1., CN/.n y 1 I/l` — ----,h/ I C.rnrr nr0a •ne Plot Rove -de +'o,c+'�°4 Acres / / ts'earlaPnp of d ` I i t1" / rter ''—'0. ' /O Sonrrory Sewer co"...' Per S.Pier / \ 11.1 l Alracr Ns Me Per solo, P/er by drohom 7-'4.07 rAslocroras /nc dared 7-14-07 0.047Acres IN.10:d //r44 59013r04"W " A ,Y 2.00, I 36.82' I ' It "sennet, sa.er cin. I Per S.rrer Mar by Grnhv- _ •�� Associate# lac dosed V G N 89°00X0241 CWve Dora ' z"I R F d = 03036'0/ ' \6/. BO r \ <r \\ �Q R- 230.00', a, L=/4.45' / o. \ IO'Son/Tarr Sewer £nemanr preen t ✓ I 1y A.P S 0 Retarded -Vel 100.1, \ _ Pape S4 at Plot C.rlrn Cwaty Load �O IO'Otr/rrr £e#a-ant Per Plat Raceree0 9 in rot. -e £, Pip 159 at rhe Carlin Co."), Maio end Prat Racards 1;AT it , AFFIDAVIT AND PROOF OF PUBLICATION I THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on"this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance 4990-8-90 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday, August 8, 1990 & Sunday August 12, 1990 and which was issued on August 8. 1990 _ , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. S BS R 4Rn AAgj g;a OR N to before me this/_ day of 4'A.D. 19 90 !"''!� • V.A. TODD MY COMMISSION EXPIRES �P/ December 5,1992 ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 31 . 50 _ 15 ,- 4SI16 424 Legal Notices T' T-' { CITY -OF ALLEN PUBLIC NOTICE 'Notice is hereby given that the Allen City,. Council adopted the following ordinance a their regular meeting held on Thursday; August 2_1990 (Title only). I - ! ORDINANCE NO. 990 8-90: An Ordi-, •nance of the City of -Allen, Collin County,, Texas, Abandoning all"Right, Title and,ln- terest in and to a Sanitary Sewer'Ease- .ment,Situated in the City of Allen_and_being a Su�Ley'of Part of -'Tract 5 of the (Allen Towne Center) as Shown on the Plat.Re corded ,in Volume E, Page 139,, Collin County -Deed Records, and being De- scribed by Metes and Bounds in Exhibit - "A" Herein: Quitclaiming all Right, Title and Interest of the City in -Such Easement to Property Owners to the Extent of the City of� Allen's Interest! Authorizing City Manager to Execute any Documents Deemed Necessary, and Providing an Effective Date. A Copy of this ordinance may be'read or purchased in the office of the' City Secret- afy. City of Allen, One Butler Circle, Allen, Texas 75002. /s;Judy Morrison„ City Secretary f ;424 `Legal Notices Af A, s ' ' Ir CITY OF,ALLEN I ) PUBLIC NOTICE ' Notice is hereby given that the Allen City Council adopted the followi6g ordinance at their '(edOlar. meeting' held on Thursbay; August 2,,� 1990 (Titleronly): ORDINANCE NO. 990-8-90: An. Ordi= nance_of'the City'of Allen, Collin County;- Texas, Abandoning all Right, Title' and In, tere'st in and to a Sanitary Sewer Ease- ment Situated in the City of Allen and being a Survey of Part of Tract 5 of the' (Allen Towne Center) as Shown on the Plat Re- corded in Volume, E; Page -139, Collin, County Deed Records, and being De- scribed by Metes andBounds in Exhibit "A" Herein;'Quitclaiming all Right, Title and' Interest'of the City In Such' Easement to Property Owners to the Extent of the City of Allen's Interest; "Authorizing City Manager to ;Execute any Documents_ Deemed, Necessdry;, `and Providing an * Effective - Date: _ ` A Copy of `thla'ordl`nance may be read cim . purchased In the office of the City Secret= ary,. Clty of'Allen, One Butler Clrcle?Allen f Texas 75002:- - • • 1 - /a/Judy Morrla n Cltv Secretaryr 4 +� 1 V , `z LECA"L DEKRU`.L' ON OF 1U FOOT -SANITARY 6k;Wt;R t1;Ab'UMiVX . to t.e.' . ' t i led, Col tin County,Texas in the Peter Wet:sel. Serve • Abst.ract No. 0 an. Y� ,- ,q' being a :paf of a 0.624, acre. tract as descr�:bd- in a, deed frolm Pain Var.ker:.tn West•0n. Land Records anal. al so being la�,r ra'.d recc e'd n Volume 3265, Page 763 of Co lin County ' � j h A `1"awne G x t er and addition. to the City of :l ri CQ1 I is Count kbown. as Tr en , r ' '; a c ro -to t4: f�ile'd plat recorded in Volumes E, Page 139 of the o111n County Map n P at, R6cerds and being more fully described: as follows Power bole a-' MCI INI C ak: a point in the West IIne of the said 0.624 acre tract and the East rlghtyof-- PL QAC " OF BEGINNING grog line of to �.e Highway No . i 5 . Said point bears South 3 0 decd . 53 min. 58 sec. West a distance of 130.69 feet from the Northeast corner of the said 0.624 acre -tract. G -tract. 112"t R, F. 'THENCE South 01 deg. 04 min. 29 sec. West a distance of 216.80 feet. -to a point in a curve in Down Guy- 'the Northeastright-of-way line of Jupiter Read. Said curve having a central angle of 03 deg. ,! 36 min. 01 sec. and a radius of 230.00 feet and a bearing to the radius print of South 49 deg. Water Valves fireHydront 04 min. 32 sed.-. West. .00 i. THENCE in a Northwesterly direct -Lon alo l2 SonilarySewerLine east right-of-way ng the arc of the said curve to the left and the North - , line of Jupiter Road an arc length distance of 14.45 feet to a point. Per Survey Plat by Gro a" j I y p Associates doted i -lel -Bl � tI THENCE North 01 deg. 04 rain. 29 sec, East a distance of 1$8-.92 feet to a point in the West (0 I � line of the said 0.624 acre tract and the East right -or -way line of State Highway No. .5. THENCE North 30 deg. 53 min. 58 sec. East with the West line of the said 0.624 acre tract and the East right-of-way line of State Highway No. 5 a distance of 20.11 feet to the place of �°�• g y beginnl.ng and containing 0.047 acres of land. 1b °`4Qt June 23, 1990 v 4 `n)g �e j x OF i PLACE OF 8EG/NN46 w� 4,, qc I I �,��,� � � � � �► �,1 � i E �, #•�'� OF Q 047 ACRE 7R,A lO b• .� I rs, ego: €sti John V. C a n t r e l lWELL .•«� , Registered Professional Land Surveyor JOHN V. ;fir h � fit Power Po/0 53 Ir Nap 0 01 0 or / Per. Survey Plot 41)y U Graham Associates I =a { Inc. doted /-/9-81 A n , { P s ado the p07 6,. County Land 861;ords N SUR 4" /N P N 116-W LOUISIANA 5T McKINNEY, TX, 75069 214_540-5V3 ,108'NO. 4534- CRA. -A44-6790 FLAr FYGE,A„