Ordinance 1972-13
ORDINANCE NO. 7.1
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AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDON-
ING A UTILITY EASEMENT ON THE FOLLOWING DESCRIBED PROPERTY,
TO-WIT:
A tract of land located in Wylie, Collin County, Texas,
out of the S. B. Shelby Survey, Abstract No. 820 and
being a part of a 24-acre tract conveyed to M. M. Martin
by deed from S. B. Burns which is recorded in Volume 307,
page 633 of the deed records of Collin County, Texas,
and being part of a 21.1-acre tract conveyed to Raymond B.
Cooper and John L. Bostic, Jr., and being more particularly
described as follows:
COMMENCING at the intersection of North line of Old PIano
Road and West R.O.W. line of G.C. & S.F. Railroad, thence
West with the North R.O.W. of Old PIano Road 115.31 feet
to Place of Beginning;
THENCE North 8 deg. 13 min. East, 440.55 feet to point
for corner;
THENCE North 81 deg. 47 min. East 15 feet to point for
corner;
THENCE South 8 deg. 13 min. West, 442.71 feet to point
in North R.O.W. of PIano Road;
THENCE East along Old PIano Road, 15.15 feet to Place of
Beginning;
AND DECLARING AN EMERGENCY.
WHEREAS, Raymond B. Cooper and Iris Sue Cooper did grant
a utility easement to the City of Wylie on the property herein
described, on May 5, 1971, and
WHEREAS, the City Council of the City of Wylie, Texas,
has determined after due consideration at a public meeting of
the City Council that said utility easement is no longer neces-
sary to the City of Wylie for the construction,
reconstruction
or maintenance of utility facilities of the City, and
WHEREAS, the City desires to abandon such utility
easement in favor of the aforementioned Grantors, and to remove
the encumbrance thereof from the herein described property,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF WYLIE, TEXAS:
SECTION 1. That that certain utility easement granted
to the City of Wylie on May 5, 1971, by Raymond B. Cooper and
Iris Sue Cooper, on the following described property, to-wit:
A tract of land located in Wylie, Collin County, Texas,
out of the S. B. Shelby Survey, Abstract No. 820 and
being a part of a 24-acre tract conveyed to M. M. Martin
by deed from S. B. Burns which is recorded in Volume 307,
page 633, of the deed records of Collin County, Texas,
and being part of a 21.1-acre tract conveyed to Raymond B.
Cooper and John L. Bostic, Jr., and being more particularly
described as follows:
COMMENCING at the intersection of North line of Old PIano
Road and West R.O.W. line of G.C. & S.F. Railroad, thence
West with the North R.O.W. of Old PIano Road 1l5.31 feet
to Place of Beginning;
THENCE North 8 deg. 13 min. East, 440.55 feet to point
for corner;
THENCE North 81 deg. 47 min. East l5 feet to point for
corner;
THENCE South 8 deg. 13 min. West, 442.71 feet to point
in North R.O.W. of PIano Road;
THENCE East along Old PIano Road, 15.15 feet to Place of
Beginning;
be, and the same is hereby abandoned by the City of Wylie in
favor of the Grantors, Raymond B. Cooper and Iris Sue Cooper,
owners of the fee simple title thereof, their heirs, successors
or assigns, and the City of Wylie hereby relinquishes any and
all right it may have had under such utility easement to enter
upon such property for the purpose of construction or mainten-
ance of utility facilities. The City Secretary is hereby directed,
upon the passage of this ordinance, to supply the said Grantors,
or their heirs, successors or assigns, as the case may be, a
certified copy of this ordinance for filing in the Deed Records
of Collin County, Texas.
SECTION 2. The fact that it is necessary that such
utility easement be abandoned by the City of Wylie creates an
urgency and an emergency in the preservation of the public health,
safety and welfare, and requires that this ordinance take effect
immediately from and after its passage, as the law in such cases
provides.
DULY PASSED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS, ON THE
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DAY OF
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, 1972.
APPROVED:
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MA YOR
ATTEST:
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CI E Y