O-3355-2-16ORDINANCE NO. 3355-2-16
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, QUITCLAIMING AND ABANDONING ALL RIGHT, TITLE
AND INTEREST IN THE ALLEY ON THE NORTH SIDE OF 205 E. MAIN STREET
AND 207 E. MAIN STREET AND BEING MORE PARTICULARLY DESCRIBED IN
EXHIBIT "A" ATTACHED HERETO; RESERVING A GENERAL UTILITY AND
PUBLIC ACCESS EASEMENT; PROVIDING FOR THE RECORDING OF A
CERTIFIED COPY OF THIS ORDINANCE IN THE REAL PROPERTY RECORDS
OF COLLIN COUNTY, TEXAS, AS A QUFFCLAIM DEED; AUTHORIZING THE
CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO
COMPLETE ABANDONMENT; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to State law and upon request of
the abutting property owners, deems it advisable 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 and should be
abandoned and quitclaimed, subject to the reservations and conditions of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Subject to the reservations described in Section 2, below, the City of Allen, Texas, ("the
City") hereby abandons, vacates, and quitclaims in favor of the abutting property owners as provided by state
' law all of the City's right, title and interest in the public alley right-of-way north of 205 E. Main Street and
207 E. Main Street and being further depicted in Exhibit "A" attached hereto and made a part hereof for all
purposes.
SECTION 2. The City, does not by this Ordinance quitclaim or otherwise abandon, or otherwise convey,
and expressly reserves unto the City, on behalf of itself, franchised utility companies, and the public, a
General Utility and Public Access Easement depicted in Exhibit "B" with the non-exclusive right at any time
to lay, construct, and maintain telecommunication, electrical, gas, water, sanitary sewer, and storm sewer lines
and appurtenances in, above, over, and underneath as well as being utilized by any person or the general
public for ingress and egress to other real property, and for the purpose of general public vehicular and
pedestrian use and access in, along, upon, and across the real property described in Exhibit "B" for the benefit
of the City, authorized franchised utility companies, and the general public.
SECTION 3. The City Secretary is hereby authorized and directed to file a certified copy of this Ordinance
in the Real Property Records of Collin County, Texas.
SECTION 4. The City Manager is authorized to execute any documents necessary to complete the
abandonment contemplated herein.
SECTION 5. This ordinance shall take effect upon its adoption in accordance with the provisions of the
Charter of the City of Allen, and it is accordingly so ordained.
1
1
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 2P DAY OF FEBRUARY 2016.
APPROVED AS TO FORM:
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Peter G. Smith, CUrY ATTORNEY
(tm 2/I0/1@]5474)
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, CITY SECRETARV
Ordinance No. 3355-2-16, Page 2
EXHIBIT "A"
ALLEY ABANDONMENT
DESCRIPTION
BEING A 2,551 SQUARE FOOT PARCEL OF LAND OUT OF THE JAMES L. READ SURVEY, ABSTRACT NO.
758, BEING PART OF BLOCK 15, ALLEN ORIGINAL DONATION, AS RECORDED IN VOLUME 1, PAGE 114
OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, (DRCCT), AS SHOWN ON THIN ATTACHED
EXHIBIT "A". AND BEING MORE PARTICULARLY DESCRIED AS FOLLOWS:
IT IS THE INTENT TO DESCRIBE A 20 FOOT WIDE STRIP OF LAND FOR AN EXISTING ALLEY BEING
BOUNDED ON THE NORTH BY THE SOUTH LINE OF A TRACT OF LAND (TRACT 2), AS DEEDED TO
CIMKHANZEL & WOOLRIDGE PTR AND RECORDED IN COUNTY CLERKS FILE NO. 20150417000431780,
DROCT, BEING BOUNDED ON THE EAST BY THE WEST LINE OF THE RIGHT OF WAY FOR NORTH
CEDAR DRIVE, BEING BOUNDED ON THE SOUTH BY THE NORTH LINE OF A TRACT OF LAND (TRACT
1), AS DEEDED TO CIMRHANZEL & WOOLRIDGE FM AND RECORDED IN COUNTY CLERKS FILE NO.
201504170OD431780, DRCCT & THE NORTH LINE OF A TRACT OF LAND AS DEEDED TO JOHNNIE
CAPLINGER AND RECORDED IN COUNTY CLERKS FILE NO. 950011114, DRCCf, AND BEING
BOUNDED ON THE WEST BY THE EAST LINE OF THE FIRST BAPTIST CHURCH ADDITION, AN
ADDITION TO THE CITY OF ALLEN AS RECORDED IN CABINET M, PAGE 67, DRCCT:
The POINT OF BEGINNING is a half inch imn rod with cap marked BW2 set to made the northeast comer of the
parcel herein described, being the southeast corner of said Citmbanrel and Woolridge Tract 2, and being on the west
line of the Right of Way for North Cedar Drive;
THENCE South 10°37'24" West, with said Right of Way line, a distance of 20.00 feet to a half inch iron rod with cap
mashed BW2 set w spark the point, said point being the southeast comer of the parcel herein described, being on the
' west lire of the Right of Way forNodh Cedar Drive, and being the northeast comer of said Cimrhanml and Woolridge
Tract 1;
THENCE North 79°22'36' West, with the south line of said alley, being the north line of mid Cinuhaonel and
Woolridge Tract 1, and the north line of said Caplinger tract, a distance of 129.77 feet to a point, said point being the
southwest comer of the parcel herein described, and being on the east line of mid First Baptist Church Addition;
THENCE, North 24°51'52" East, with the cart line of said First Baptist Church Addition, a distance of 20.63 feet to a
half inch iron rod with cap marked BW2 set to mark the point, mid point being the northwest comer of the parcel
herein described, being on the east line of mid First Baptist Church Addition, and being the southwest comer of mid
Cimrhmzel & Woohidge Tract 2;
THENCE South 79°22'36" East, with the north line of mid alley, being the south line of said Cimrhanml & Woolridge
Tract 2, a distance of 125.00 feet to the POINT OF BEGINNING, and containing 2,551 square feet of land
NOTE:
All hearings are based on the Texas State Plane Coordinate System, N.A.D. 83 (1993 Adj.), North Central Zone.
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J MF. Wilder DATE
LS NO. 4295
Page 1 of 2
Ordinance No. 3355-2-16, Page 3
I
EXHIBIT "A"
SURVEY. JAMES L. READ SURVEY, ABSTRACT NO. 758
CITY OF ALLEN, TEXAS
LOCATION:ALLEN, COLLIN COUNTY, TEXAS
ALLEY ABANDONMENT
PLAT OF
EXNWIT A'. PARCEL AREA: 2,551 S.F.
NOTE: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE TEXAS STATE PLANE NAO83 NORTH CENTRAL ZONE (4202)
LOT 1, BLOCK 1
/2" LR.3. WITH •BW2• CAP E.C. /. ADDITION
CAB. PG. 186
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ALLEN ORIGINAL DONA77ON D. R.C.CT.
OWNER: OWNER:
JOHNNIE CAPLINOER CIMRHANZEL & WOOLRIDGE PTR
C.C. FILE NO. 85-0011114 C. C. FILE NO. 20150417000431780 1
.R.C.C.T. D.RC.C.T.
TRACT 1 I
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Ordinance No._ 3355-2-16, Page 4
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EXIMrr `B„
UTILITY AND ACCESS EASEMENT
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BEING A 2,551 SQUARE FOOT PARCEL OF LAND OUT OF THE JAMES L. READ SURVEY, ABSTRACT NO.
758, BEING PART OF BLOCK 15, ALLEN ORIGINAL DONATION, AS RECORDED IN VOLUME 1, PAGE 114
OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, (DRCC7), AS SHOWN ON THE ATTACHED
EXHIBIT "A", AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
IT IS THE INTENT TO DESCRIBE A 20 FOOT WIDE STRIP OF LAND FOR AN EXISTING ALLEY BEING
13OUNDED ON THE NORTH BY THE SOUTH LME OF A TRACT OF LAND CTRACT 21 AS DEEDED TO
CIMRHANZEL & WOOLRIDGE PTR AND RECORDED IN COUNTY CLERKS FILE NO. 20150417000431780,
DRCCT, BEING BOUNDED ON THE EAST BY THE WEST LINE OF THE RIGHT OF WAY FOR NORTH
CEDAR DRIVE, BEING BOUNDED ON THE SOUTH BY THE NORTH LINE OF A TRACT OF LAND (TRACT
1), AS DEEDED TO CIMRHANZEL & WOOLRIDGE PTR AND RECORDED IN COUNTY CLERKS FILE NO.
20150417000431780, DRCCT & THE NORTH LINE OF A TRACT OF LAND AS DEEDED TO JOHNNIE
CAPLINGER AND RECORDED IN COUNTY CLERKS FILE NO. 950011114, DRCCT, AND BEING
BOUNDED ON THE WEST BY THE EAST LINE OF THE FIRST BAPTIST CHURCH ADDITION, AN
ADDITION TO THE CITY OF ALLEN AS RECORDED IN CABINET M, PAGE 67, DRCCT:
The POINT OF BEGINNING is a half inch imn rod with cap marked BW2 set to mark the northeast comer of the
parcel herein described, being the southeast comer of said Cimrha=l and Woolridge Tract 2, and being on the west
line of the Right of Way for North Cedar Drive;
THENCE South 10°37.24" West, with said Right of Way line, a distance of 20.00 feet to a half inch hon rod with cap
marked BW2 set to mark the point, said point being the southeast corner of the parcel herein described, being on the
west line of the Right of Way for North Cedar Drive, and being the northeast comer of said Cimrhanzel and Woolridge
Tract 1;
THENCE North 79°22'36" West, with the south line of said alley, being the north line of said Cimrbenml and
Woolridge Tract 1, and the north line of said Caplinger tract, a distance of 129.77 feet to a point, said point being the
southwest comer of the parcel herein described, and being on the east line of said First Baptist Church Addition;
THENCE, North 24°51'52" East, with the east line of said First Baptist Church Addition, a distance of 20.63 feet to a
half inch iron rad with cap marked BW2 set to mark the point, said point being the northwest comer of the parcel
herein described, being on the east line of said First Baptist Church Addition, and being the southwest comer of said
Cimrharmel & Woolridge Tract 2;
THENCE South 79°22'36" East, with the north line of mid alley, being the south line of said Cimrharmel & Woch idge,
Tract 2, a distance of 125.00 fret to the POINT OF BEGINNING, and containing 2,551 square feet of land.
NOTE:
All bearings are baud on the Texas State Plane Coordinate System, N.A.D. 83 (1993 Adj.), North Central Zone.
Coha F. Wilder�
LS NO.4285
Page I of 2
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DATE
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Ordinance No. 3355-2-16, Page 5
1
EXIIIBIT `B"
SURVEY: JAMES L. READ SURVEY, ABSTRACT NO. 758
CITY OF ALLEN, TEXAS
LOCATION:ALLEN, COLLIN COUNTY, TEXAS
UTILITY AND ACCESS
PLAT OF EXIMT'AS PARCEL AREA: 2,551 S.F. EASEMENT
NOTE: THE BASIS OF BEARINGS FOR THIS SURVEY IS THE TEXAS STATE PLANE NAD83 NORTH CENTRAL ZONE (4202)
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LOT 1, BLOCK I
/2" I.R.S. WITH 'BW2' CAP EC.I ADDITION
CAB. 4 PG. 166 \\r1
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LOTS 86, 90 & tOa, BLOCK 15 1
ALLEN ORIGINAL DONATION I +t
I VOL 1, PG. 114 I
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OWNER:
CIMRHANZEL & WOOLRIDGE PTR
C.C. FILE NO. 20150417000431780
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TRACT 2
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5 79'22'36" E 125.00'
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ORIGINAL TORNSITE OF ALLEN
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LOTS 3b & 4b, BLOCK15 CA 368
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ALLEN ORIGINAL DONATION D. R C C. T
OWNER: OWNER:
JOHNNIE LINGER CIMRHANZEL & WOOLRIDGE PTR
C.C. FILE NO 95-00]1114 C.C. FILE NO. 20150417000431780
D.RCC. T. D.R.CC.T.
TRACT 1
0 F.
WILDER, R.P.L.S. No. 1285 DATE
ENGINEERS, INC.
JULY 2015 I°a"'° e" "e I ,e
Ordinance No._ 3355-2-16, Page 6
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Ordinance No._ 3355-2-16, Page 6
CITY OF ALLEN
CERTIFICATION
CITY OF ALLEN, TEXAS §
COLLIN COUNTY, TEXAS §
I, Rocio Gonzalez, Senior Administrative Assistant, Office of the City
Secretary of the City of Allen, Collin County, Texas, do hereby certify that the
attached is a true and correct copy of City of Allen Ordinance No. 3355-2-16, duly
passed and approved by the City Council of the City of Allen, Texas, on the 23rd
day of February, 2016.
WITNESS MY HAND AND SEAL OF SAID CITY, this the 24" day
of February, 2016.
Rocio Gonzalez
Senior Administrative Assistant
Office of the City Secretary
City of Allen, Texas
305 CENTURYPARKWAY• ALLEN, TEXAS 75013-8042.214 509.4100
WEB: www.atyofalimorg • EMAIL: 0oa@wtyofaI1w.ag
CITY OF ALIILIEINIIIIIIIII I VIII
I�di�a0i�a17T43I8a0IIll03I0i12016 03:40:02 PM OR 118
CERTIFICATION
CITY OF ALLEN, TEXAS
COLLIN COUNTY, TEXAS
1, Rocio Gonzalez, Senior Administrative Assistant, Office of the City
Secretary of the City of Allen, Collin County, Texas, do hereby certify that the
attached is a true and correct copy of City of Allen Ordinance No. 3355-2-16, duly
passed and approved by the City Council of the City of Allen, Texas, on the 23r4
day of February, 2016.
WITNESS MY HAND AND SEAL OF SAID CITY, this the 24'" day
of February, 2016.
`apluniPrTy
°qty 0F'A•<<��%
I V 1 " V
Rocio Gonzalez
Senior Administrative Assistant
Office of the City Secretary
City of Allen, Texas
305 CENTURY PARKWAY -ALLEN, TEXAS 75013-8042.214.509.4100
WEB c,tyofallmmg• EMAIL coaQntyoh11= o,g