HomeMy WebLinkAboutO-4165-7-25ORDINANCE NO. 4165-7-25
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING A PORTION OF W. McDERMOTT DRIVE AS
DESCRIBED IN EXHIBIT “A” HERETO; RESERVING ALL EXISTING EASEMENT
RIGHTS OF OTHERS, IF ANY, WHETHER APPARENT OR NON-APPARENT,
AERIAL, SURFACE, UNDERGROUND OR OTHERWISE; PROVIDING FOR THE
FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING
IN THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, AS A
QUITCLAIM DEED; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Allen (“City”) is the owner of portions of Lots 1 and 2, Block 1, Whisenant Addition,
an addition to the City of Allen, Collin County, Texas, according to the plat thereof in Volume 1, Page 52, Plat
Records, Collin County, Texas, more particularly described in Deed dated April 6, 1970, and recorded April
13, 1970, at Volume 755, Page 49, Deed Records, Collin County, Texas (the “City Property”); and,
WHEREAS, the City desires and intends for the City Property to be redeveloped as a publicly accessible
community gathering space and mixed-used development for community events and recreation; and,
WHEREAS, an undeveloped portion of W. McDermott Drive encumbers the City Property and creates a
physical restriction on the proposed development of the City Property; and,
WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to State law and to facilitate the
redevelopment of the City Property deems it advisable and in the public interest to abandon and quitclaim the
hereinafter described right-of-way, and is of the opinion and finds that said right-of-way is not needed for public
use as a public street 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 set forth in Section 2 of this Ordinance, the City of Allen, Texas,
hereby abandons, quitclaims, and vacates in favor of itself as the abutting property owner all of the City’s right,
title, and interest of the public of any kind or nature in and to the segment of the right-of-way of W. McDermott
Drive described on Exhibit “A” attached hereto and made a part hereof for all purposes, the same as if fully
copied herein, together with all improvements constructed on or below the surface thereof, if any.
SECTION 2. The abandonment, vacation, and quitclaim of the right-of-way described in Exhibit “A” hereto
is subject to all existing easement rights of others, if any, whether apparent or non-apparent, aerial, surface,
underground or otherwise owned by third parties. Further, the abandonment, vacation, and quitclaim of the
right-of-way described in Exhibit “A” hereto shall not be construed as an abandonment of any after -acquired
title to easements or rights-of-way conveyed by separate instrument or dedicated by a replat of the Property
executed or approved on or after the date of approval of this Ordinance.
SECTION 3. The City Secretary is authorized and directed to prepare a certified copy of this ordinance, and
the recording of this abandonment ordinance in the Official Public Records of Collin County, Texas, which
shall serve as the quitclaim deed of the City of Allen, Texas, in and to the street rights-of-way (but not the
underlying fee title), described in Exhibit “A”, subject to the limitations and reservations of this Ordinance.
SECTION 4. The City Manager is authorized to execute additional documents necessary to complete the
abandonment and quitclaim contemplated herein, if any.
Ordinance No. 4165-7-25, Page 3
EXHIBIT “A”
DESCRIPTION OF RIGHT-OF-WAY TO BE ABANDONED
Ordinance No. 4165-7-25, Page 4