Loading...
O-3910-5-22ORDINANCE NO. 3910-5-22 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A PORTION OF GLENWICK PLACE LOCATED WITHIN ROLLING HILLS ESTATES ADDITION, AN ADDITION TO THE CITY OF ALLEN, TEXAS, AS DESCRIBED IN EXHIBIT “A” HERETO; RESERVING ALL EXISTING EASEMENT RIGHTS OF OTHERS, IF ANY, WHETHER APPARENT OR NON-APPARENT, AERIAL, SURFACE, UNDERGROUND OR OTHERWISE; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the City of Allen (“City”) is the owner of the following real property: (i) Lot 30, Block J, Rolling Hills Estates Addition, an addition to the City of Allen, Collin County, Texas, according to the plat thereof in Volume 9, Page 52, Plat Records, Collin County, Texas and (ii) a 2.932 acre tract out of the James L. Read Survey, Abst. No. 758, City of Allen, Collin County, Texas, more particularly described in Special Warranty Deed dated May 17, 2017, and recorded May 19, 2017, as Instrument No. 20170519000646450, Official Public Records, Collin County, Texas (collectively, the “Property”); and, WHEREAS, the City desires and intends to develop the Property as a public park; and, WHEREAS, the two parcels of the Property are bisected by Glenwick Place, a public street; and, WHEREAS, the City desires to develop the park on the Property as a single contiguous tract of land and to replat the Property into a single platted lot; and, WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to State law and to facilitate the development and replat of the Property deems it advisable and in the public interest to abandon and quitclaim the hereinafter described rights-of-way, and is of the opinion and finds that said rights-of-way are not needed for public use as a public street and should be abandoned and quitclaimed, subject to the reservations and conditions of this Ordinance; and, WHEREAS, the City Council further finds it to be in the public interest to authorize the re -platting of the Property, inclusive of the right of way abandoned hereby, in accordance with applicable provisions of the Allen Land Development Code, as amended. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. Subject to the reservations set forth in Section 2 of this Ordinance, the City of Allen, Texas, hereby abandons, quitclaims, and vacates in favor of itself as the abutting property owner all of the City’s right, title, and interest of the public of any kind or nature in and to the segment of the right-of-way of Glenwick Place described on Exhibit “A” attached hereto and made a part hereof for all purposes, the same as if fully copied herein, together with all improvements constructed on or below the surface thereof, if any. SECTION 2. The abandonment, vacation, and quitclaim of the right-of-way described in Exhibit “A” hereto is subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface, underground or otherwise owned by third-parties. Further, that the abandonment, vacation, and quitclaim of the right-of-way described in Exhibit “A” hereto shall not be construed as an abandonment of any after-acquired Ordinance No. 3910-5-22, Page 3 EXHIBIT “A” DESCRIPTION OF RIGHT-OF-WAY TO BE ABANDONED Ordinance No. 3910-5-22, Page 4