R-669-12-85RESOLUTION NO. 669-12-85(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, DECLARING APPROVAL BY THE CITY
OF ALLEN OF THE STATE OF TEXAS PROPOSAL TO RELEASE AN
EASEMENT DETERMINED BY THE STATE OF TEXAS TO BE SURPLUS
PROPERTY BY A QUITCLAIM TO THE OWNER OF THE FEE IN THE
LAND; ATTACHING A FIELD NOTE DESCRIPTION OF THE SUBJECT
PROPERTY AND STATING THAT AN INDEPENDENT DETERMINATION HAS
BEEN MADE, "THAT THE LAND IS NO LONGER NEEDED FOR DRAINAGE
OR FOR OTHER PUBLIC PURPOSE."
WHEREAS, the State Department of Highways and Public Transpor-
tation has requested consideration be given to quitclaiming of the
State's easement as described in the attachment of Exhibit "A"; and
WHEREAS, after State investigation, it was found the easement
shown on the attached Exhibit "A" is in fact surplus to their
present and foreseeable requirements, and they would be willing
to recommend its release; and
WHEREAS, State regulations require as a prerequisite to the
release of surplus property the concurrence of local governmental
authority; and
WHEREAS, if it is found to merit the City of Allen's approval,
it is requested a Resolution be passed:
1. Including a field note ides-cription;
2. Stating that an independent determination has been
made "that the land is no longer needed for drainage
or for other public purpose"; and,
3. Declaring approval by the City of Allen of the State's
proposal to release the easement by quitclaim to the
"owner of the fee in the land"; and,
WHEREAS, a determination has been made by the City of Allen
that the land is no longer needed for drainage or for other public
purpose; and,
WHEREAS, the City Council is in agreement with the State's
proposal to release the easement by quitclaim to the "owner of the
fee in the land";
NOW, THEREFORE, be it resolved by the City Council of the
City of Allen, Texas, that:
SECTION 1: The field note describing said easement is
attached to this Resolution as Exhibit "A."
SECTION 2: An independent determination has been made by
the City of Allen "that the land is no longer needed for drainage
or for other public purpose."
RESOLUTION NO. 669-12-85(R)
PAGE TWO
SECTION 3: The City Council of the City of Allen, Collin
County, Texas, hereby declares approval of the State's proposal
to release the easement described in Exhibit "A" by quitclaim
to the "owner of the fee in the land."
,DULY PASSED AND APPROVED AND THE ALLEN CITY COUNCIL ON THIS
THE 19th DAY OF DECEMBER, 5.
Donald P. Ro e Baugh, Mayo
ATTEST:
Marty Hendrix, 6
ity Secretary
APPROVED AS TO FORM:
A. Don Crowder, City Attorney
EXHIBIT "A"
FIELD NOTES
BEING 0.0628 of an acre (2,737 square feet) of land, more or less, situated in the
William Perrin Survey, Abstract No. 708, City of Allen, Collin County, Texas, and
being out of and a part of a tract of land conveyed to the State of Texas by
easement recorded in Volume 509, Page 281, Deed Records of said county; said 0.0628
of an acre (2,737 square feet) of land, more or less, being more particularly
described by metes and bounds as follows:
COMMENCING at the intersection of the northern right of way line of Bethany Road
with the eastern right of way line of U. S. Highway 75;
THENCE North 88° 25' 30" East (reference), along said northern right of way for a
distance of 138.72 feet to the POINT OF BEGINNING;
THENCE
along the
perimeter of said easement as
follows;
(1)
North 44°
01'
57"
East, for a distance
of 88.85 feet;
(2)
South 45°
58'
03"
East, for a distance
of 40.00 feet;
(3)
South 44°
01'
57"
West, for a distance
of 47.99 feet;
(4)
THENCE South
88°
25' 30" West, along said
northern right of way line, for a
distance
of 57.18
feet to the POINT OF
BEGINNING, and containing an area of
0.0628 of
an
acre
(2,737 square `eet) of land, more or less.
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588025'30"W
COMMISSION STATE DEPARTMENT OF HIGHWAYS ENGINEER -DIRECTOR
ROBERT C. LANIER, CHAIRMAN
AND PUBLIC TRANSPORTATION MARK G. GOODE
ROBERT H. DEDMAN P. 0. Box 3067
JOHN R. BUTLER, JR. Dallas, Texas 75221-3067
August 30, 1985
ERLY REFER TO
NO.
Surplus Easement Release
Collin County C1 TY MA(` A6 ?
Control 47 -
U.S. 75: east quadrant at Bethany Road
in Allen
Mr. Jon McCarty
City Manager
City of Allen
One Butler Circle
Allen, Texas 75002
Dear Mr. McCarty:
The owner of land at the above location has requested consideration be
given to quitclaiming of the State's easement interest therein.
Upon investigation, w e find the easement, shown on the attached sketch,
is in fact surplus to our present and foreseeable requirements, and we
would be willing to recommend to our Administration its release.
Because our regulations require, as a prerequisite to the release of
surplus property, the concurrence of local governmental authority, this
letter will submit the matter for your consideration and request it be
presented to your City Council. If it is found to merit their approval,
it is requested a resolution be passed (1) including the attached field
note description, (2) stating an independent determination has been made
"that the land is no longer needed for drainage or for other public purpose,
and (3) declaring approval by the City of Allen of the State's proposal
to release the easement by quitclaim to the "owner of the fee in the land."
Your forwarding a copy of this resolution to us will be appreciated 4nd
:8161 S6
SESQW;,cMSENr';'M
Mr. Jon McCarty -2- August 30, 1985
Control 47-6
will implement further processing. Please contact us at 320-6252 if
there are questions or if we may be of other assistance.
Yours very truly,
Robert L. Yielding-/ 'f
District Engineer ,
MDH:sr
Enclosures