O-246-2-795898
ORDINANCE NO. 246
VOL I1.59ma 407
AN ORDINANCE PROVIDING FOR THE ABANDONMENT
OF A PORTION OF ALLEN DRIVE 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 E_;,T. BOON AND A. E. VITA; PROVIDING FOR THE TERMS
AND CONDITIONS OF THE ABANDONMENT AND CONVEYANCE
MADE HEREIN; PROVIDING FOR THE CONSIDERATION TO BE PAID
TO THE CITY OF ALLEN; 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 Grantees Nereid, 'deems it advis-
able to abandon and convey the hereinafter described tract of land to Grantees and
is of the opinion that said portion of Allen Drive is not needed for public use, and
that same should be abandoned and quitclaimed to E�;T�, Boon and A. E. Vita,
Grantees, as hereinafter provided, for the 'consideration 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,E� T. Boon and A. E. Vita, Grantees, 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 in the City of Allen and County of
Collin, Texas, more particularly described in Exhibit "A" attached hereto, 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 in Exhibit "A", as more fully set out in Section
3 below, and subject also to the other conditions outlined in said Section 3.
VOL R%AGE 408
SECTION 2. That for and in consideration of the sum of
One hundred and twenty live dollars paid by !E. T.. Boon and A.
E. Vita, the City of Allen does by these presents BARGAIN, SELL, RELEASE
AND FOREVER QUITCLAIM unto the said`E_.. T. Boon and A. E. Vita, their suc-
cessors and assigns, all its right, title and interest in and to that certain tract or
parcel of land described in Exhibit "A" . TO HAVE AND TO HOLD the said prem-
ises, together with all and singular the rights, privileges, hereditament and appur-
tenances thereto in any manner belonging, unto the saidIC .Boon and A. E. Vita,
their successors and assigns forever, so-thatneither 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 aban-
doned 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 Grantees' use of the said subject property, shall
be at the expense of Grantees herein, their 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,
VUL 1159PAct 409
through, across, or along the tract of land described in Exhibit "A". No build-
ings, fences, trees, or other improvements shall be constructed or placed upon,
over or across the easement; provided, however, that Grantees may maintain,
repair, upgrade, fill in, minimally landscape, or pave over and across the ease-
ment area. Except with respect to the improvement for construction and main-
tenance
tenance of which has heretofore been granted to Grantees, 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 inany way endanger
4$
V
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
s
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 systems.
Grantees shall indemnify and save all utility companies or departments
harmless from any and all claims, costs, losses, suits and judgments, or dam-
ages, 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 Grantees and any utility companies or departments shall each be
responsible for its own acts of negligence or intentional conduct. Grantees will
be held liable for any damages to water and/or sanitary sewer mains resulting
from the construction, maintenance or operation by Grantees within the easement.
SECTION 4. That the terms and conditions contained in this ordinance
shall be binding upon Grantees, their 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 con-
strued to extend only to that interest the Governing Body'of the City of Allen may
legally and lawfully abandon and vacate.
SECTION 6. This abandonment shall be made subject to the Grantees
VOL 1159PAse 412
constructing or modifying, at its sole cost and expense, any curbs or drive
approaches deemed necessary by the Director of Public Works in order to create
a smooth flow of traffic. All such construction shall be done subject to the appro-
val of the Director of Public Works.
SECTION 7. That the City Attorney is hereby authorized.to prepare and
deliver a quitclaim deed with regard to the area abandoned and conveyed herein,
should such be requested by Grantees hereunder, same to be executed by the
Mayor or City Manager, if any, on behalf of the City of Allen, and attested by the
City Secretary.
SECTION 8. 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 Grantees upon
receipt of said consideration, plus the fees for publishing this ordinance, .which
Grantees shall likewise pay.
SECTION 9. 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 15th day of gebrnary A. D. ,
1979.
APPROVED AS TO FORM:
A . er, ity rney
ATTEST:
i } ' r i i
M. B. Pierson, Mayor
k
a
CC
STATE'OF TEXAS.
COUNTY OF COLLIN
I hereby certify that this instrument was
filed. on the date and time stamped here-
on by me and was duly recorded on the-
day of A.D. 19, 7f in the
Volume and page as shown hereon in the
records of Collin County, Texas.
County Clerk, Collin 'County Tom
4ti
DESCRIPTION 1867 Square feet of Land
von 1159PAGE 411
SITUATED in the City of Allen, Collin County, Texas, being a survey of a
strip of land off the North portion of the Right—of—Way of Boyd Drive, (an 80'
R.O.W.) formerly Balano Street, as shown on the revised map of ALLEN, Collin
i County, Texas, recorded in Volume 6, Page 376 of the Collin County Deed Records,
being described by metes and bounds as follows:
BEGINNING at a bronze marker set in concrete, stamped UNITED STATES POSTAL
SERVICE, at the Southeast corner of an 82217.44 square foot lot from Blanche E.
Tidwell, et al to the United States Postal Service, dated December 24, 19742
recorded in Volume 943, Page 670 of the Collin County Deed Records;
THENCE NORTH 4.94 feet to an iron pin set in the North R.O.W. line of
Boyd Drive for a corner; same being the Southwest corner of Lot #2, Block ##28
as shown on said revised map of Allen;
THENCE South 780 40' 43" East 94.75 feet with said North R.O.W. line and
with the South line of Lots 1 & 2 of said Block #28 to an iron pin set in the
West R.O.W. line of North Allen Drive for a corner; same being the Southeast
corner of Lot #1 of said Block #28;
THENCE South 110 19' 17" West 13.0 feet extending the West R.O.W. of North
Allen Drive to an iron pin set for a corner;
THENCE North 870 41' 22" West 90.43 feet to an iron pin set for a corner;
THENCE NORTH 22.76 feet to the PLACE OF BEGINNING and containing 1867 square
feet of land.
DESCRIPTION 2396 Square feet of Land
SITUATED in the City of Allen, Collin County, Texas, being a survey of the
20 foot alley running through Block #28 of the town, -of Allen, as'shown on the
revised map of Allen, Collin County, Texas, recorded in Volume 6, Page 376 of
the Collin County Deed Records, being described by metes and bounds as follows:
CO.•IMENCING at a bronze marker set in concrete, stamped UNITED STATES POSTAL
SERVICE, at the Southeast corner of an 82217.44 square foot lot from Blanche
E. Tidwell, et al to the United States Postal Service, dated December 24, 19742
recorded 'i n -Volume 943, Page -670 of the Collin County Deed Records; THEN CE North --
122.22 feet with the East line of said Postal Service Land and with the West line
of Block #`28 to the Northwest corner of Lot #2, Block #28 as shown on said
revised Map of Allen for a PLACE OF BEGINNING;
THENCE NORTH 20.40 feet with the East line of said Postal Service land to
the Southwest corner of Lot #3 of said Block #28 for a corner;
THENCE South 780 40' 43" East 121.78 feet with the North line of said alley
and with the South line of Lots 3, 4 & 5 of said Block ##28 to the Southeast
corner of said Lot #5 for a corner; same being in the West R.O.W. line of
North Allen Drive;
THENCE South 110 191 17" West 20.0 feet with said West R.O.W. line to a point
at the Northeast corner of Lot'#1 of said Block #28 for a corner; -
THENCE North 780 4o' 43" West 117.77 feet with the South line of said alley
and with the North line of Lots 1 & 2 of said Block 28 to the PLACE OF BEGINNING
AND Containing 2396 square feet of land.
DESCRIPTION 796 Square Feet of Land
SITUATED in the City of Allen, Collin County, Texas, being a triangular strip
Of land off the South portion of the Right—of—Way of Coates Street, (an 80' R.O.W.)
formerly Alabama Street, as shown on the revised map of ALLEN, recorded in Volume
6, Page 376 of the Collin County Deed Records, being described by metes and
bounds as follows:
C0t'iMENCING at a Bronze Marker set in Concrete, stamped UNITED STATES POSTAL
SERVICE at the Southeast corner of an 82217.44 square foot lot from Blanche E.
idwe'l 1, ct ai to United States Postal Service dated December 24, 1974, recorded
in Volume 943, Page 670 of the Collin County Deed Records; THENCE North 259.90
feet with the East line of Postal Service lot and with the West line of Block
28 of said revised map of ALLEN to an iron pin set at the Northwest corner of
said Block 28 for a PLACE OF BEGINNING;
THENCE South 830 01' 26" East 145.22 feet to an iron pin set in the West R.O.W.
line of North Allen Drive for a corner;
THENCE South 110 191 17" West 11.0 feet with said West R.O.W. line to an
iron pin set at the Northeast corner of Lot 5 of said Block 28 for a corner;
THENCE North 780 40, 43" West 144.8 feet with the South R.O.W. line of
Coatcs Street and with the North line of Lots 3, 4 & 5 of said Block 28 to the
PLACE OF BEGINNING and containing 796 square feet of land. ,
SURVEYED AND CERTIFIED CORRECT ON THIS THE
4th day of January, 1979 A.D.
EXHIBIT A i
G. M. GEER, REGISTERED PROFESSIONAL ENGINEER, NO. 6653
SHEET 2 af-2
VOL 1 59PAG .410
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VOL. E, PG. 37 ro
COLLIN CCONT\' D -LD RECORDS
OFFICIAL RECEIPT
JAS. R. WEBB
COUNTY CLERK
COLLIN COUNTY, TEXAS j
C
NO. 37030 1
FROM: ( ! l�./' (%AIVI ;
DATE: 1-7-N/ -r,C i V -A if ❑ Cash V' Check
Recording Fee....�_fK`f /f .................
Financing Statements .................................
Marriage License ........................................
Lunacy.........................................................
—Civil .............................................................
Probate..................................................../�
n
Criminal...........................................1�,5.�.
Copies.........................................*..J„.
....
Notary Bonds ...................... i�.a'...........
Wills............................................................
Brands.........................................................
Other............................................................
Dueor Refund..........................................................
TOTAL
Issued by: A 'ice Deputy
1.8-4
Clinic�',
E. T. BOON, D.D.S.
Allen Medical e� •��t'.
Allen, Texas 75002 r,I�
727-3941 - 423-7878
Pune 22. 1978
Dean. Mayon. 8 Counci.L:
(ue wouLd .Line to a4h that the ci. y abandon appn0xurate4 tlwity fleet
o4 pAopeRty on the north and thxA4 fleei on the .south o4 .Lots. 1 -2 -3 -4 -5 -
Rock
23-4-5
Rock 28-0.1d donation .Located on A.LLen dAive just eat o� the Post Ogic,
-9mmed.i.ute comtJucction o� a b ui,Ld ing on t1z is site is being con&idezed.
Veuy Re&pecf�uLCy
�.7" oon
A.6, vita
0
STATEMENT
CITY OF ALLEN
BOX 487 ALLEN, TEXAS 75002
F
E.T,Boon DATE
Box 21
Allen, Tex 75002. 2 -a -'T9
L Boon & Vita
Date
Description
Balance
0-�14 0a 946
2M6-79
Atttorn'IG fees, Publication fees, Filing fees, for the ordinance
abandoning a portion of the right-of-way in the City of Allen.
125,,;0
r
CROWDER & MATTOX
ATTORNEYS AND COUNSELORS
ONE CEDAR SPRINGS PLACE
2017 CEDAR SPRINGS ROAD
DALLAS, TEXAS 75201
A. DON CROWDER
JAMES A. MATTOX
DAVID H. CAIN
RONALD W. CHAPMAN
DENNIS SCHWARTZ February 7, 1979
Mayor M. B. Pierson and
The Allen City Council
P. O. Box 487
Allen, Texas 75002
Gentlemen:
4�� `
AREA CODE 214
744-5161
Enclosed is the original and three copies of an ordinance abandoning a por-
tion of a right-of-way in the City of Allen which was requested by E. T. Boon and
A. E. Vita.
My instructions in preparing this ordinance did not make provision for pay-
ment by Drs. Boon and Vita to pay the City for this piece of property, and it is my
recommendation that at least some consideration be paid to the City for this partic-
ular tract of land. If nothing e� a sum should be collected sufficient to cover
attorney's fees, publication fees, filing fees, etc. I would estimate these to be at
least $125.00. If the area in question is large, then I suggest someone appraise
the property and obtain an estimate of fair market value. However, if the Council
is of the opinion that no payment should be required, then in Section 2, the blank
could be filled in with the words, "Ten Dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged".
Should Drs. Boon and Vita request, I will gladly prepare a quitclaim deed
in connection herewith.
Yours very truly,
ER & MATTOX
Crowder
ADC:db
Enclosures
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, 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
of which the attached is a true afid written copy,
and which was issuedd on `' ZZ , by
of Collin County, Texas. A p ' ted c y of said publication is
day of s ,A.D. 192—E .
CkLp
Notary Public in and for Collin County, Texas
SUBSCRIBED AND SWORN to before me this
Publisher's Fee $
in THE ALLEN AMERICAN on
hereto.
,. .;lot
at L9 , 9't�zv, J 1 71
Publ i
A public hearing will be held at
:30 p.m. on Thursday, July 20,
978 in the Municipal Building at I
he City of Allen, Texas, to
onsider abandoning 'a 30 foot
trip of propdrty on the north side
and a 30 foot strip of property on +
.he south side of Allen Drive and, �
3oyd. y
qj. 17 197
.•;•: _•;•: c. -:•:•:•::•:•:..:•:..::...•:%:•.•:moo a
Pubk--notice
................. .
A public hearing will be held at
7:30 p.m. on Thursday, July 20,
1978 in the Municipal Building -at
the City of Allen, Texas, to
consider -abandoning a 30 foot
strip of property on the north side
and a 30 foot strip of,property on
the south side of;Allen Drive`and
Boyd. t
Anyone wishing' to -speak "For"
or "Against" this proposal is
invited to attend.
_ y --�