O-1219-2-94ORDINANCE NO. 1219-2-94
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, COLLIN COUNTY, TEXAS
ABANDONING ALL RIGHT, TITLE AND INTEREST IN AND TO A PORTION OF THE
ALLEY RIGHT-OF-WAY SITUATED IN TRACT 20, ABSTRACT NO. 758, ORIGINAL
DONATION, BEGINNING AT ALLEN DRIVE AND TERMINATING AT BUTLER
DRIVE IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR THE
CONVEYANCE THEREOF TO THE ABUTTING PROPERTY OWNERS; PROVIDING
FOR THE TRANSFER OF RESPONSIBILITY OF A SECTION OF A SANITARY SEWER
LINE AND CONSTRUCTION OF A SANITARY SEWER MANHOLE; QUITCLAIMING
ALL RIGHT, TITLE AND INTEREST OF THE CITY IN SUCH RIGHT-OF-WAY TO
ABUTTING PROPERTY OWNERS; AUTHORIZING THE CITY MANAGER TO
EXECUTE ANY DOCUMENTS DEEMED NECESSARY; PROVIDING FOR A
SEVERABIIITY CLAUSE; AND PROVIDING FOR AN DATE.
WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to law, has been requested
to abandon to abutting property owners all right, title, and interest, in and to the alley right-of-way that
begins at Allen Drive and terminates at Butler Drive in the City of Allen, said right-of-way being
approximately 250 feet in length and 20 feet wide and lying between Lots 1-5 and 6-10 of Tract 20 of
the Original Donation of the City of Allen, Abstract 758, and being more particularly described in
Exhibit "A" attached hereto and incorporated herein for all purposes; and,
WHEREAS, the City Council has determined that there will be no further public need for this alley
right-of-way and abandonment of said right-of-way and quitclaiming it to the abutting property owners,
Joe King, Mike Williams, Sarah Chumbley and John Reitinger ("Grantees"), to the extent of the city's
interests will best serve the public good and welfare and will have no detrimental effect on the City of
Allen; and,
WHEREAS, it has been determined that a portion of a sanitary sewer line that is located within the
right-of-way of said alley would no longer be accessible by the City of Allen and construction of a
sanitary sewer manhole by the Grantees is required in the west parkway of Butler Drive;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: All right, title, and interest of the City of Allen, Texas, in and to that portion of said
alley right-of-way, as described 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 requested right-of-way are
hereby quitclaimed to the abutting property owners in accordance with the City of Allen's respective
interests. A certified copy of this Ordinance may 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 right-of-way by the City of Allen.
SECTION 2. The abandonment and quitclaim is without prejudice to any and all improvements,
facilities, equipment, or lines of any public utility, municipal or otherwise, if any, which are presently
located within any portion of the proposed abandoned right-of-way. Any such utility shall have the
continued right to locate, maintain, repair, reconstruct, preserve, or relocate improvements, facilities,
equipment, or lines in such portion of the abandoned alley right-of-way.
SECTION 3: Grantees shall indemnify and hold harmless the City of Allen and its utility companies
or departments from any or all claims, costs, losses, suits, and judgments or damages resulting to any
person or to any property from the relocation, removal or adjustment of any or all such utilities or
facilities, including water, sanitary sewer lines, gas lines, storm sewers, communication facilities and
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electrical facilities if such relocation, removal or adjustment is made necessary by Grantees' use of the
said subject property. All such actions shall be at Grantees' expense, or their successors or assigns.
SECTION 4: Exhibit "A" attached hereto and incorporated herein describes the portion of the
abandoned alley right-of-way.
SECTION 5: The ownership and maintenance of a portion of a six (6) inch sanitary sewer line that
is located in said alley right-of-way and is west of the proposed manhole shall become the responsibility
of Grantees. Grantees shall construct the manhole in conformance with the City of Allen Water and
Sanitary Sewer Standard Construction Details. The general location of the said sanitary sewer manhole
shall be in the west parkway of Butler Drive where the sanitary sewer line exists, and the specific
location of the said manhole shall be between the west curb of Butler Drive and the west right-of-way
line of Butler Drive. The sanitary sewer manhole shall become the service point for any remaining
properties serviced by said line and shall become the property of the City of Allen.
SECTION 6: After the abandonment of the alley right-of-way by the City of Allen, a temporary
easement for maintenance of the sewer line shall be maintained until a permanent sanitary sewer
manhole is constructed by Grantees. Once the permanent sanitary sewer manhole is constructed, then
the temporary easement shall be abandoned by the City of Allen.
SECTION 7: The terms and conditions contained in this ordinance shall be binding upon Grantees,
their successors and assigns.
SECTION 8: The City Council hereby finds and determines that the abandonment of the of the alley
right-of-way described in Exhibit "A" attached hereto is in the public interests of the City of Allen,
Texas, and its citizens, and will inure to the benefit of the public generally.
SECTION 9: 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
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 10: This Ordinance shall take effect 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS,
ON THE 3RD DAY OF FEBRUARY , 1994,
APPROVED:
00,
Jbe Farmer, MAYOR
APPROVED AS TO FORM:
A. Don ro RNEY
ATTM-
Juq MorrWn, CMC, CITY SECRETARY
Ordinance No. 1219-2-94 Page 2
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EXHIBIT "A" ORDINANCE NO. 1219-2-94
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AEIPRBENEPPRTRESTRICTS ID
THE
REAL Y BECE OF COLOR OR FACE is AND
UNENFORCEABLE UNDER FECERAL LA'il COUNTY OF COLLIN)
rh,E STATE OF TEXAS)
1 hereby eerttfy that thls Ins rumeM vm FI) ED In the File Number S6 Me
on the Othe 0NfeBl and the
Rieoorrdds of R#W Property of Colme; and lin County,, TORDEon
FEB 1 1 1994
COUNTY CLERK GOWN COUNTY. TEXAS *
Filed for Record inil
,COLLIN COUNTY TX
HONORABLE HELkN STARNES
On 1994/02/11
„., At 2:24P
Number: 94- 0014482
Type a OR 15.00
AFFIDAVIT AND PROOF OF PUBLICATION
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
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN ofd e d . , Feb . 9, 1994 & Sun. , Feb. 13, 1994
and which was issued on February 9, 1994
Citv of Allen
of COLLIN COUNTY,TEXAS
A printed copy of said publication is attached hereto.
SUBSCRIBED AND SWORN to before me this /9- day of ,A.D 19 �Y
1
V. A. TODD I
MY COWASSION EXPIRES
:•` December 5, 19W
23.qI,,,,
Publisher's fee $ 3 6
PUBLIC in and for COLLIN
�L CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
February 3, 1994 (Title only):
Ordinance No 1219-2-94: An Ordinance
of the City of Allen, Collin County, Texas,
Abandoning All Right, Title and Interest in
and to a Portion of the Alley Right -of -Way
Situated in Tract 20, Abstract No 758, Or-
iginal Donation, Beginning at Allen Drive
and Terminating at Butler Drive of the City
of Allen, Collin County, Texas, Providing
for the Conveyance Thereof to the Abutting
Property Owners, Providing for the Trans-
fer of Responsibility of a Section of a Sanit-
ary Sewer Line and Construction of a Sa-
nitary Sewer Manhole; Quitclaiming All
Right, Title and Interest of the City in Such
Right -of -Way to Abutting Property Own-
ers; Authorizing the City Manager to Exe-
cute any Documents Deemed Necessary;
Providing for a Severability Clause; and
Providing for an Effective Date.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy Morrison
Citv Secretary
COUNTY, TEXAS
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
11- their regular meeting held on Thursday,
February 3, 1994 (Title only):
Ordinance No. 1219-2-94: An Ordinance
bf the City of Allen, Collin County, Texas,
Abandoning All Right, Title and Interest in
and to a Portion of the Alley Right -of -Way
Situated in Tract 20, Abstract No. 758, Or-
iginal Donation; Beginning at Allen Drive
and Terminating at Butler Drive of the City
of Allen, Collin County, Texas, Providing
for the Conveyance Thereof to the Abutting
Property Owners; Providing for the Trans-
fer Qf Responsibility of a Section of a Sanit-
ary' Sewer Line and Construction of a Sa-
,nitary Sewer Manhole; Quitclaiming All
"Right, Title and Interest of the City in Such
.Right -of -Way to Abutting Property Own-
ers; Authorizing the City Manager to Exe-
cute any Documents Deemed Necessary;
('Providing for 'a Severability Clause; and
Providing for an Effective Date.
A,cgRy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas 75002.
/s/ Judy Morrison
'City Secretary w