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O-1652-11-9898— 0126093 ORDINANCE NO. 1652-11-98 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, O CLOSING AND ABANDONING THE 20 -FOOT BY 180 -FOOT ALLEY RIGHT- r OF -WAY LOCATED SOUTH OF LOTS 1 AND 3, AND NORTH OF LOT 4, N tp BLACK 21, OLD DONATION, SITUATED IN THE CITY OF ALLEN, COVIN COUNTY, TEXAS, AND FURTHER DESCRIBED BY METHS AND BOUNDS O IN EXHIBIT •A"; RETAINING OWNERSHIP AS THE SOLE ABUTTING t� PROPERTY OWNER FOR THE PURPOSE OF CONSTRUCTION OF A CITY HALL COMPLEX; AUTHORit3NG THE CITY MANAGER TO EXECUTE co ANY DOCUMENTS DEEMED NECESSARY TO COMPLETE ABANDONMENT; PROVIDING FOR A SEVERAIR ITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to law, has been determined it to be appropriate to close and abandon a portion a 20 -foot by 180 -foot alley right-of-way located south of Lots 1 and 3, and north of Lot 4, Block 21, Old Donation, situated in the City of Allen, Collin County, Texas; and WHEREAS, the City Council has determined that the public interest could better be served for future planning by closing and abandoning this section of right-of-way; and, WHEREAS, the City Council and City Staff have determined that there will be no detrimental effect on the City if the proposed right-of-way is abandoned and closed; and, WHEREAS, this section of right-of-way will continue to be owned by the City of Allen, Texas, as the sole abutting property owner, for future construction of the City Hall Complex. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: The 20 -foot by 180 -foot alley right-of-way located south of Lots I and 3, and north of Lot 4, Block 21, Old Donation, situated in the City of Allen, Collin County, Texas, shall hereby be closed and abandoned as a right-of-way. A certified copy of this Ordinance may be recorded in the Collin County land records to reflect this abandonment; and the City Manager is hereby authorized to execute on behalf of the City of Allen, Texas, any instruments necessary to complete the abandonment of the subject right-of-way by the City of Allen. SECTION 2: Exhibit "A," attached hereto and made a part hereof for all purposes, describes by metes and bounds the 20 -foot by 180 -foot alley right-of-way to be closed and abandoned. SECTION 3: The City Council of the City of Allen hereby finds and determines that the closing and abandonment of the right-of-way described in Exhibit "A" attached hereto is in the public interest of the City of Allen, Texas, and its citizens, and will inure to the benefit of the public generally. SECTION 4: The City of Allen, for the purpose of construction of a City Hall Complex and as the sole abutting property owner, shall retain ownership of the property, and it shall be platted accordingly as a portion of the City Hall Complex. SECTION5: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this Ordinance are severable; and if any phrase, clause, sentence or section of this Ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any 04291 02482 other remaining phrase, clause, sentence, paragraph or section of this Ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION b: This Ordinance shall take effect November 5, 1998, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, ON THE 5TH DAY OF [aoMCM .1998. 4: Stephen Terrell, MAYOR APPAMED A$ TO FORM: ATTEST: Ordinance No. 1652-11-98 Page 2 IP It 16 William Perrin Survey Abstract No. 708 Collin County, Texas DESCRIPTION ABANDONMENT OF ALLEY 04291 02483 October 9, 1998 GBW No. 98-101 City of Allen A 3,567 square foot parcel of land being out of Block 21 of the Old Donation, an addition to the City of Allen as shown on the attached Exhibit "A" and being more particularly described as follows: COMMENCING FOR REFERENCE at a found "X" cut in concrete, said point being the southwest comer of the intersection of McDermott Drive and Butler Drive, said point being the northeast comer of a tract of land as deeded to the City of Allen and recorded in Clerks File 98-0054129; THENCE, S 11"3632" W with the east line of the tracts deeded to the City of Allen, and the west line of said Butler Drive a distance of 112.14 feet to the POINT OF BEGINNING, said point being the northeast comer of the alley herein described; THENCE, S 11'3632" W continue with the east line of said alley, being the west line of Butler Drive a distance of 20.00 feet to a point, being the northeast comer of a tract as deeded to the City of Allen and recorded in Clerks File 98-0043638; THENCE, N 79"0042" W with the south line of said alley, being the north line of said City of Allen tract a distance of 176.37 feet to a point on the east line of Lot 2 of Allen City Complex as recorded in Cabinet G, Slide 288 of the Deed Records of Collin County, Texas (DRCCT); THENCE, N 00"28' 17" E with the west line of said alley being the east line of Lot 2 a distance of 20.34 feet to a point, being the southwest comer of a tract as deeded to the City of Allen and recorded in Clerks File 98-0043635 DRCCT; THENCE, S 79°00'42" E with the south line of said City of Allen tract and the south line of a tract of land as transferred to the City of Allen, Case No. 3-397-98, Court Records of Collin County, Texas, a distance of 180.30 feet to the POINT OF BEGINNING and containing 3,567 square feet of land. =IBTT "A" N 00'28'17" E 20.34' JJ T 2 COMPUEX REVISED �AB. G, SLIDE 288 (DR.CCFJ 1/2- IRF McDERMO ��- `I DRIVE (FM el 70) •--1-...� . 1/2" IRF CITY OF ALLEN 981-0043635 CITY OF ALLEN (DRCCT) 98-0054129 /-1" PIPE (DRCCT) 1" PIPE N 19'08'06" E CITY OF ALLEN CASE NO. 3-397-98 (CRCCT) EXIS ALLEY ' w 42" E 18O"30' N 79.00'42" 3.567 S0. F.T. W 176.37'_ CITY OF ALLEN 98 38 (DCT) BLOCK 21 OLD DONATION 2" PIPE -- IRS LOT 1 RODENBAUGH SOUTH ADDITION CAB. C. SLIDE 490 ' D.R.C.C.T. Ills 60 0 60 acele 1" = 50' feet 7 x" CDT P.O.C. 9'57'31' E / P.O.B. S 11'36'32 W 20.00' q � 1 a` W / DESCRIPTION OF ALLEY FOR BLOCK 21 OLD DONATION FOR ABANDONMENT PURPOSES ALLEN, TEXAS 04291 02485 u,nr eW�s< a wa as arca'¢ mvwq uq aaw,;�wo�fExcx um r�.unuv±na; iron o�a� fJf momnmmm nnMwxera�� amm dAyM� yp� MM; clam airy ML4A0f0, M a�0AbY Moue 4mry. aesm NOV 10 1998 [K[INf86U4gf'%'n: HONORABLE HELEN STRRNES On 1998/11/10 At 3:54P Number: 98- 0126093 Type : OR 17.00 CITY OF ALLEN TO: MICAAEL STANGER, ACTING CITY MANAGER FROM: , DIRECTOR OF COMMUNITY DEVELOPMENT SUBJECT: ALLEY RIGHT-OF-WAY ABANDONMENT ON CITY COMPLEX DATE: OCTOBER 19, 1998 BACKGROUND The City purchased the seven properties at the southeast comer of Butler Drive and McDermott Drive to facilitate the development of the Allen City Complex. At that time it was determined that the Old Donation Plat recognized an alley right-of-way off the western right-of-way line of Butler Drive 20 feet wide and extending to the west for 180 feet. This piece of alley right-of-way serves no function, either at the present, or for future development. Therefore, staff is requesting that it be abandoned into the ownership of the City of Allen, and incorporated into the replat of the Allen City Complex. ANALYSIS Abandonment of this alley right-of-way is basically a housekeeping effort, as it serves no purpose for any type of transportation. RECOMMENDATION Staff recommends approval of the attached ordinance abandoning this alley right-of-way into the ownership of the City of Allen for the replat of the Allen City Complex. ONEBUTLERCIRCLE ALLEN,TEXAS75013 9721/27-0100 • FAX 977!127-0165 EMAIL:.0ci.allm.mw William Perrin Survey October 9, 1998 Abstract No. 708 GBW No. 98-101 Collin County, Texas City of Allen DESCRIPTION ABANDONMENT OF ALLEY A 3,567 square foot parcel of land being out of Block 21 of the Old Donation, an addition to the City of Allen as shown on the anached Exhibit "A" and being more particularly described as follows: COMMENCING FOR REFERENCE at a found "X" cut in concrete, said point being the southwest comer of the intersection of McDermott Drive and Butler Drive, said point being the northeast comer of a tract of land as deeded to the City of Allen and recorded in Clerks File 98-0054129; THENCE, S 11'36'32" W with the east line of the tracts deeded to the City of Allen, and the west line of said Butler Drive a distance of 112.14 feel to the POINT OF BEGINNING, said point being the northeast comer of the alley herein described; THENCE, S 11 °36'32" W continue with the east line of said alley, being the west line of Butler Drive a distance of 20.00 feel to a point, being the northeast comer of a tract as deeded to the City of Allen and recorded in Clerks File 98-0043638; THENCE, N 79°00'42" W with the south line of said alley, being the north line of said City of Allen tract a distance of 176.37 feet to a point on the east line of Lot 2 of Allen City Complex as recorded in Cabinet G, Slide 288 of the Deed Records of Collin County, Texas (DRCCT); THENCE, N 00°28'17" E with the west line of said alley being the east line of Lot 2 a distance of 20.34 feet to a point, being the southwest comer of a tract as deeded to the City of Allen and recorded in Clerks File 98-0043635 DRCCT; THENCE, S 79°00'42" E with the south line of said City of Allen tract and the south line of a tract of land as transferred to the City of Allen, Case No. 3-397-98, Court Records of Collin County, Texas, a distance of 180.30 feet to the POINT OF BEGINNING and containing 3,567 square feet of land. FZ4-IM17 "A" so