O-354-7-81s
25100 AA
ORDINANCE NO. 354 VOL PAGE 123
AN ORDINANCE CORRECTING AND AMENDING ORDINANCE NO. 350,
PASSED AND APPROVED UNDER DATE OF JULY 2, 1981, AND PROVIDING FOR
THE ABANDONMENT OF A PORTION OF OLD BETHANY ROAD, COMPRISING
APPROXIMATELY 2.770 ACRES±, FROM U.S. HIGHWAY 75 (ON THE WEST) TO A
SPECIFIC POINT EAST THEREOF, 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 CHARLES A.
FORBES, TRUSTEE; PROVIDING FOR THE TERMS AND CONDITIONS OF THE
ABANDONMENT AND CONVEYANCE MADE HEREIN; 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 roadway will
not be needed for public use, and that same should be abandoned and all of the City's interest r
° therein should be assigned to Charles A. Forbes, 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
Charles A. Forbes, Trustee, Grantee, upon the conditions hereinafter more fully set forth;
WHEREAS, the City Council of the City of Allen, Texas, passed and approved Ordinance
No. 350 under date of July 2, 1981, and now desires to correct and amend such Ordinance so
that the same shall hereafter provide as follows;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS:
SECTION 1. That the tract of land, comprising approximately 2.770 acres more or
less, 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.
•�•, ,�,rr.�ei irk �ti., .
Ordinance No. 354 - Page 1
KM=
VoL 141PAGE 424
Subject, however, to the 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.
SECTION 2. That subject to 'the compliance with the conditions enumerated in
Section 3. below, the City of Allen does by these presents Grant, Bargain, Sell, Convey,
Release and Forever Assign unto the said Charles A. ' Forbes, Trustee, his successors and
assigns, all its right, title and interest in and to that certain tract or parcel of land 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 Charles A. Forbes, Trustee, his 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. (a) This abandonment ordinance, and the abandonment, sale and
conveyance herein, is conditioned upon and made subject to the simultaneous execution
and delivery by Charles A. Forbes, Trustee, of a dedication or special warranty deed to
the City of Allen, Texas, of that certain property and tract of land described more
particularly herein in Exhibit "B" attached hereto and made a part hereof which is to be
used as a part of the right-of-way in the proposed construction of new Bethany Road, all
as appears more particularly herein in Exhibit "D" attached hereto and made a part
hereof for all purposes; and,
(b) This conveyance is further conditioned upon and made subject to
the City of Allen's reserving the right to continue use and maintenance at the sole cost
of the City of Allen of the tract of land herein abandoned, referred to herein as Old
Bethany Road and more particularly described in Exhibit "A" hereto, for the benefit of
the public for a period not to exceed two (2) years from the date of the conveyance
provided for in Section 6 or until the date on which the portion of the proposed New
Bethany Road (see Exhibit "D" hereto) located between U. S. Highway 75 (on the west)
and the Southern Pacific Railroad tracks (on the east) is constructed and opened to
public use, whichever date occurs sooner, and on such date, all such reserved rights of
the City of Allen and the public in and to the tract of land described in Exhibit "A" shall
cease and terminate forever; and,
Ordinance No. 354 - Page 2
vot 1412ME 425
(c) This conveyance is further conditioned upon and made subject to
the City of Allen receiving from Exxon Corporation a dedication or special warranty
deed conveying to the City the additional right-of-way described in Exhibit "C" attached
hereto and made a part hereof, said tract and right-of-way needed for the construction
of the proposed New Bethany Road (see Exhibit "D" hereto); and,
(d) This conveyance and the conveyance to be made pursuant to the
provisions of Section 6 are subject to the respective apparent and visible easements of
Southwestern Bell Telephone Company and Texas Power & Light Company in their
respective existing locations on, over, across and under the tract of land described on
Exhibit "A" for the uses and pruposes for which each of said companies are presently
using their respective easements. Grantee, his successors and assigns, may maintain,
repair, landscape and pave over each of said easements.
SECTION 4. That the terms and conditions contained in this ordinance shall be
binding upon Grantee, his successors and assigns. Ordinance No. 350, passed and approved by
the City Council of the City of Allen under date of July 2, 1981, is hereby corrected and
amended by the within ordinance, and as so corrected and amended said Ordinance No. 350
shall hereafter read as herein set forth.
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 upon proof of Grantee's compliance with
the terms and conditions provided for in Section 3. hereof.
SECTION 8. This. ordinance shall take effect immediately from and after its passage
44 tf•��el�n
fFtLa Ka' ! JR s�
Ordinance No. 354 - Page 3
VOL 142PAGE 426
and publication in accordance with the provisions of the Charter of the City of Alien and it is
accordingly so ordained.
PASSED AND APPROVED this 16th day of July, A.D., 1981.
M. B. Pierson, Mayor
i Ai �.
Secretary
♦SII 111 ,rl 1111.. Ml`I r'.'- �
APPROVED AS TO FORM:
A. Don Crowder, City Attorney
Ordinance No. 354 - Page 4
Attachment to Ordinance No. 354
Tract #5: Bethany Road
SOL 1412PAGE 427
Situated -in Collin County, Texas, in the William Perrin Survey, Abst.
1708 and being part of Bethany Road.
BEGINNING at an iron stake at the intersection of the East right of way
line of Hwy #75 and the South line of Bethany road.
THENCE South 75 deg 56 min 18 sec East with the South line of Bethany road
a distance of 866.09 ft. to an iron stake at the Beginning of a curve to
the right with a central angle of 31 deg 28 min 44 sec and a radius of
781.42 ft.
THENCENorth 88 deg
19 min 22 sec
East
(cord
bearing)and an arc distance
of 429.32 ft. to an
iron stake in
the
end of
the said curve.
THENCE North 14 deg 01 min 44 sec East a distance of 5.0 ft. to an iron
stake in the North right of way line of Bethany road.
THENCE North 75 deg 58 min 16 sec West with the North line of Bethany road
a distance of 1274.16 ft. to an iron stake in the East right of way line
of U.S. Hwy #75.
THENCE South 14 deg,04 min 59 sec West with U.S. Hwy #75 right of way.
a distance of 120.0 ft. to the place of beginning containing 2.770 acres
of land.
This is to certify that I have this date
made an on the ground survey of the property
herein described.
June 17, 1981 OF,TF�
.....
.JOHN y. CgNTRELL
John.V. Cantrell ••�•.755
Registered Public Surveyor
G
Revised June 26, 1981
Revised: July 7, 1981
1AA' .-u"E YT13
ia YT'"iEXHIBIT A
Aa*.V! UJ
Attachment to Ordinance No. 354
Tract #7: VOL 1414.PAGE 420
Situated in Collin County, Texas, in the William Perrin Survey
Abst. #708 and being part of an 88.662 acre tract described in a
Deed from Leonard Green, et al to Charles A. Forbes, Trustee, and
recorded in Volume 1169 page 814 of the Collin County Deed Records
and being more fully described as follows:
BEGINNING at an iron stake in the Northwest corner of the said
tract in the East right of way line of U.S. Hwy. #75.
THENCE North 88 deg 25 min 30 sec East a distance of 226.0 ft.to
an iron stake.
THENCE North 88 deg 27 min 07 sec East a distance of 204.08 ft. to
an iron stake.
THENCE South 18 deg 21 min 30 sec East a distance of 79.68 ft. to
an iron stake. Said stake being the beginning of a curve to the
right with a central angle of 16 deg 51 min 43 sec a radius of
783.22 ft.
THENCE South 80 deg 04 min 22 sec West (cord bearing) an arc distance
of 230.50 ft. to the end of the said curve.
THENCE South 88 deg 25 min 30 sec West a distance of 256.54 ft. to
an iron stake in the West line of the said tract.
THENCE North 14 deg 01 min 57 sec East a distance of 114.19 ft. to the
place of beginning containing 1.103 acres of land.
This is to certify that I have this date
made an on the ground survey of the
property herein described..
July 17, 1981 �,E OF•r�
R vised: July 7, 981 c,'�`'•''•• '''�
s
JOIN V. CANT..ELL
John V. Cantrell .��. 755
Registered Public Surveyor
03
IWJA is YTI3
NE
vw arm ,6�IUA EXHIBIT 13
Attachment to Ordinance No. 354
Tract #2: VOL 1412PAGE 429
Situated in Collin County, Texas, in the William Perrin Survey, Abst.
1708 and being part of an 88.662 acre tract described in a Deed from
Leonard Green, et al to Charles A. Forbes, Trustee and recorded in Vol- '
ume 1169 page 814 of the Collin County Land Records and being more ful-
ly described as follows:
BEGINNING at an iron stake in the North line of the said tract. Said
stake bears South 88 deg 27 min 07 sec West a distance of 402.79 ft.
from the Northeast corner of the said tract.
THENCE South 64 deg 20 min 55 sec West a distance of 101.58 ft. to
an iron stake. Said stake being the beginning of a curve to the right
with a central angle of 7 deg 17 min 18 sec and a radius of 783.22 ft.
THENCE 'South 67 deg 59 rain 51 sec West (_cord bearing) an arc distance of 99.63 ft
to an iron stake.
THENCE North 18 deg 21 min 30 sec West a distance of 79.68 ft. to an
iron stake in the North line of the said tract.
THENCE North 88 deg 27 min 07 sec East with the North line of the tract
a distance of 209.05 ft. to the place of beginning containing 0.192
acres of land.
E This is to certify that I have
made an on the ground survey of
the property herein described. �� C F TF
June 17, 1981
.................:...
.JOHN V. CANTREL L
..
ohn V. Cantrell
Registered Public Surveyor
Revised July 7, 1981
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WILLIAM PERVIO SUR. r�,e '
ANSTRAcT we - � '
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19PI ,JUL 28 Pu 12: 11
IlELf `; iti°:;_ti,i•l-r .!t CC? , Y000RT
Cr:LLrhi CCU'+i Y. I LX ,iS
V i
STATE OF TEXAS COUNTY OF COLLIN
1 hereby certify that this Instrument was
Bled on the date and time stamped hereon by me
and was' duly recorded In the volume and page
Of the r:amed record; of Collin County, Texas as
stamped herecn by me.
a�
.JUL 291981
V".61 _Vat�
COUNTY CLERK, Collin County, Texas