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Home My WebLink AboutO-1528-9-9797— 0076695 ORDINANCE NO. 1528-9-97 WHEREAS, the City Council of the City of Allen, acting pursuant to state law, has been requested to abandon to abutting property owners all right, title and interest in and to the 25 -foot strip of right-of-way located in Block 1 of Old Donation Addition, being located perpendicular and south of McDermott Drive, between Ash Street and Cedar Drive, between Lots 3, 4, 5B to the west and Lot 6 to the east, being ±3,050 square feet, or ±0.07 acres of land City of Allen, Collin County, Texas, said right-of-way ' being more particularly describe in Exhibit "A" attached hereto and made a part hereof for a0 purposes; and WHEREAS, the City Council of the City of Allen has determined that there will be no further public need for this right-of-way and that abandonment of said right-of-way and quitclaiming it to the abutting property owners 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. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: From and after the effective date of this ordinance, all right, title and interest of the City of Allen, Texas, in and to that 25 -foot strip of right-of-way located in Block 1 of Old Donation Addition, being located perpendicular and south of McDermott Drive, between Ash Street and Cedar Drive, between Lou 3, 4, 5B to the west and Lot 6 to the cast, being ±3,050 square feet, or 10.07 acres of land, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes, shall be abandoned; and all right, title and interest of the City of Allen in and to the requested right-of-way shall be 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 liens in such portion of the abandoned street right-of-way. SECTION 3: Grantee shall indemnify and hold harmless the City of Allen, utility companies or AN ORDINANCE OF THE CITY OF ALLEN. COLLIN COUNTY. TEXAS, ABANDONING ALL RIGHT, TITLE AND R-TrMEST IN AND TO A 25 -FOOT W vD STRIP OF RIGHT-OF-WAY LOCATED IN BLOCK 1 OF OLD DONATION ADDITION, BEING LOCATED PERPENDICULAR AND SOUTH OF MCDERMOTT DRIVE, BETWEEN ASH STREET' AND CEDAR DRIVE, p BETWEEN LATS 3, 4, 5B TO THE WEST AND IAT 6 TO THE EAST, BEING o ±3,050 SQUARE FEET, OR ±0.07 ACRES OF LAND, CITY OF ALIEN, N tD COLIIN COUNTY, TEXAS; PROVIDING FOR THE CONVEYANCE TFIFREOF TO THE ABUTTING PROPERTY OWNERS; QUITCLAIMING ALL RIGHT, 71711E AND INTEREST OF THE CITY OF ALLEN IN SUCH RIGITT- OF-WAY TO ABUTTING PROPERTY OWNERS; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY DOCUMENTS DFEMED NECESSARY; PROVIDING FOR A SEVERABH= CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Allen, acting pursuant to state law, has been requested to abandon to abutting property owners all right, title and interest in and to the 25 -foot strip of right-of-way located in Block 1 of Old Donation Addition, being located perpendicular and south of McDermott Drive, between Ash Street and Cedar Drive, between Lots 3, 4, 5B to the west and Lot 6 to the east, being ±3,050 square feet, or ±0.07 acres of land City of Allen, Collin County, Texas, said right-of-way ' being more particularly describe in Exhibit "A" attached hereto and made a part hereof for a0 purposes; and WHEREAS, the City Council of the City of Allen has determined that there will be no further public need for this right-of-way and that abandonment of said right-of-way and quitclaiming it to the abutting property owners 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. NOW, THEREFORE, BE TT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT: SECTION 1: From and after the effective date of this ordinance, all right, title and interest of the City of Allen, Texas, in and to that 25 -foot strip of right-of-way located in Block 1 of Old Donation Addition, being located perpendicular and south of McDermott Drive, between Ash Street and Cedar Drive, between Lou 3, 4, 5B to the west and Lot 6 to the cast, being ±3,050 square feet, or 10.07 acres of land, City of Allen, Collin County, Texas, described in Exhibit "A" attached hereto and made a part hereof for all purposes, shall be abandoned; and all right, title and interest of the City of Allen in and to the requested right-of-way shall be 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 liens in such portion of the abandoned street right-of-way. SECTION 3: Grantee shall indemnify and hold harmless the City of Allen, utility companies or 3997 0030 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, sanitaiy sewer lines, gas lines, storm sewers, communication facilities, and electrical facilities if such relocation, removal or adjustment is made necessary by Grantee's use of the said subject property. All such actions shall be at Grantee's expense, or its successors or assigns. SECTION 4: The terms and conditions contained in this ordinance shall be binding upon Grantee, its successors and assigns. SECTION S: The City Council hereby finds and determines that the abandonment of the of the section of right-of-way described in Exhibit "A" attached hereto is in the public interest of the City of Allen, Texas, and its citizens, and will inure to the benefit of the public generally. SECTION 6: 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 S: 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 COUNCILOF THE CITY OF ALLEN, TEXAS, ON THE 4TH DAY OF SEPTEMBER 1997. APPROVED, Stephen Terrell, MAYOR APPROVF,D AS TO FORM: ATTEST. A. Don Crer, CITY ATTORNEY Jay Mo n. CMC, CITY SECRETARY Ordinance No. 1528-9-97 Page 2 - 3997 0031 "EXHIBIT A" MC OERMn P'T DRrvE l� 14 .r N r.i rr BI a 6 Z 0I 0I� N V I ....r F� 3 Lzr. Z. ,<..., .ww.n 'i::•.n r"aab ASMNA`Y ' l�