The URL can be used to link to this page

Home My WebLink AboutO-2502-3-0600604110048144/lii/20 6 03 0223 " OR Ua ORDINANCE NO. 2502-3-06 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST OF A PORTION OF BETHANY DRIVE EAST, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B" ATTACHED HERETO; PROVIDING FOR THE FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF ALLEN, TEXAS, AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT; 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 owner, hereinafter referred to as "Grantee," deems it advisable to abandon and quitclaim the hereinafter described rigbtsof-way to Grantee, and is of the opinion and finds that said right-of-way is not needed for public use and should be abandoned and quitclaimed to Grantee, 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. The City of Allen, Texas, hereby abandons and quitclaims in favor of Hibachi, hie., the abutting properly owner of the street right-of-way being a portion of Bethany Drive East, and being further described in Exhibit "A" and depicted in Exhibit "B," attached hereto and made a part hereof for all purposes, the same as if fully copied herein, subject to all existing easement rights of others, if any, whether apparent or non -apparent, aerial, surface, underground or otherwise, and the City reserves unto itself the right at any time to lay, construct, and maintain water, storm and sanitary sewer lines and appurtenances in and upon the real properly described in said Exhibits "A" and "B." SECTION 2. Said street right-of-way surface is abandoned, vacated and closed insofar as the right, title and interest of the public to such surface are concerned. That the City of Allen does not abandon any other interest other than that described in Exhibits "A" and "B," but does hereby abandon all of its right, title and interest in and to that certain tract of land described in Exhibits "A" and "B," either in fee simple or by easement or otherwise, together with any and all improvements thereon, subject to the limitations and reservations stated herein. SECTION 3. The abandonment of the street right -of --way herein is subject to and conditioned on the approval by the City of Allen of a plat of the real property abutting the street right-of-way abandoned herein, which incorporates the street right-of-way abandoned hereby. SECTION 4. Upon approval of a plat in compliance with Section 3 hereof and the satisfaction of each of the conditions set forth in this Ordinance, the City Secretary is authorized and directed to prepare a certified copy of this Ordinance and furnish the same to the Grantee, and the recording of this abandonment Ordinance ' in the real property records of Collin County, Texas, shall serve as the quitclaim deed of the City of Allen, Texas, to Hibachi Rock, Inc., of all the right, title or interest of the City of Allen in and to the street right-of- way described in Exhibits "A" and "B," subject to the limitations and reservations of this Ordinance. SECTION 5. As a condition of this abandonment and as a part of the consideration for the quitclaim to Grantee herein, Grantee agrees to indemnify, defend, release and hold the City of Allen, Texas, whole and harmless against any and all claims for damages, costs or expenses to persons or property that may arise out of, or be occasioned by or from, the abandonment, closing, vacation, and quitclaim by the City of Allen, Texas, of the area described in Exhibit "A" and depicted in Exhibit `B," and Grantee hereby agrees to defend any and all suits, claims, or causes of action brought against the City on account of the same, and to discharge any judgment or judgments that may be rendered against the City of Allen, Texas, in connection therewith. SECTION 6. This ordinance shall take effect 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 COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 28" DAY OF MARCH, 2006. N,NU1grytr APPROYE6AS i ,c 1 < Peter G. Smith, dTY ATTORNEY 1 APPROVED: Stephen Terrell, MAYOR ATTEST: Shelley B. Geo , TRMC, CITY � Y Ordinance No. 2502-3-06, Page 2 Exhibit "A" Metes and Bounds Description ' 8,277 Square Feet or 0.190 Acre of Right -of -Way Prestige Circle and Bethany Drive East SEFUATED in the State of Texas, County of Collin and City of Allen, being part of the William Perrin Survey, Abstract No. 708, being part of the dedicated right-of-way of Prestige Circle and Bethany Drive East as recorded in Volume N, Page 966 of the Collin County Map Records with said premises being more particularly described as follows: BEGINNING at a 5/8 -inch iron rod found in the curving northeast right-of-way line of Bethany Drive East marking the southeast comer of Lot IA of Allen Business Centre Tract 1A, an addition to the City of Allen as recorded in Volume N, Page 966 of the Collin County Map Records; THENCE South 37°31'08" West, 15.14 feet to a Roome Capped '/2 -inch iron rod set marking the southeast comer of said premises; THENCE with the southwest line of said premises as follows: Northwesterly along a curve to the left having a central angle of 15°49'21" with a radius of 474.00 feet, for an are distance of 130.90 feet (chord = North 46°21'50" West, 130.48 feet) to the beginning of a non -tangent curve to the left; Northwesterly along said curve to the left having a central angle of I1°04'17" with a radius of 688.00 feet, for an arc distance of 132.94 feet (chord = North 58008'19" West, 132.74 feet) to a Roome capped Ya -inch iron rod set marking the end of said curve; North 68029'22" West, 92.78 feet to a Roome capped '/,inch iron rod set marking the beginning of a comer clip; ' THENCE with the west line of said premises, North 06038'34" West, 23.61 feet to a Roome capped 'h -inch iron rod set marking the end of said comer c lip and the beginning of a non -tangent curve to the right; THENCE northeasterly along said curve having a central angle of 24025'53" with a radius of 247.45 feet, for an arc distance of 105.51 feet (chord = North 54055'57" East, 104.72 feet) to a Roome capped '/2 -inch iron rod set marking the beginning of a curve to the left; Northeasterly along said curve having a central angle of 18038'23" with a radius of 332.61 feet, for an arc distance of 108.20 feet (chord = North 58050'40" East, 107.73 feet) to a Roome capped '/2 -inch iron rod found; THENCE South 5902449" East, 4.17 feet to a 1/2 -inch iron rod found in the existing southeast right-of-way line of Prestige Circle marking the northwest corner of said Lot IA and the southwest corner of Lot 2A of said addition; THENCE with the southeasterly right-of-way line of Prestige Circle, a northwesterly line of said premises, and the northwesterly line of Lot IA as follows: Southwesterly along said curve having a central angle of 20°51'38" with a radius of 305.00 feet, for an arc distance of 111.05 feet (chord = South 56°57'59" West, 110.43 feet) to a 5/8 -inch iron rod found marking the beginning of a curve to the left; Southwesterly along said curve having a central angle of 20°53'01" with a radius of 235.00 feet, for an arc distance of 85.66 feet (chord = South 56057'27" West, 85.18 feet) to a %-inch iron rod found marking the beginning of a comer clip; THENCE along said corner clip, the west line of said premises and the west line of Lot IA, South 12020'00" East, 14.80 feet to the end of said corner clip in the northeast rightof-way, line of Bethany Drive East and a ' southwest comer of lot IA; THENCE with the northeasterly right-of-way line of Bethany Drive East, the southwesterly line of said premises and the southwesterly line of Lot IA as follows: South 68012'24" East, 136.47 feet; South 47046'53" East, 100.00 feet to a Y inch iron rod found marking the beginning of a curve to the right; Southeasterly Ordinance No. 2502-3-06, Page 3 along said curve having a central angle of I1004'53" with a radius of 602.49 feet, for an arc distance of 116.52 feet (chord= South 46028'27" East, 116.34 feet) to the point of beginning and containing 8,277 square ' feet or 0.190 acre of land. 1 Ordinance No. 2502-3-06, Page 4 Metes and Bounds Description 320 Square Feet or 0.007 Acre of Right -of -Way ' Prestige Circle SITUATED in the State of Texas, County of Collin and City of Allen, being part of the William Perrin Survey, Abstract No. 708, being part of the dedicated right-of-way of Prestige Circle as recorded in Volume N, Page 966 of the Collin County Map Records with said premises being more particularly described as follows: BEGINNING at a Roome capped 1/2 -inch iron rod set in the curving southeast right-of-way line of Prestige Circle and the curving northwest line of Lot 2A of Allen Business Centre -Tract Al, an addition to the City of Allen as recorded in Volume N, Page 966 of the Collin County Map Records and marking the northeast comer of the herein described premises; THENCE southwesterly along the curving southeast right-of-way line of Prestige Circle and the curving northwest line of said Lot 2A, a curve to the right having a central angle of 26018'29" with a radius of 265.85 feet, for an arc distance of 122.07 feet (chord = South 35005'06" West, 121.00 feet) to a 1/2 -inch iron rod found marking the southwest corner of Lot 2A and the northwest comer of Lot IA of aid addition; THENCE with the most southerly line of said premises, North 5902449" West, 4.17 feet to a Roome capped 1/2 -inch iron rod set marking the southwest comer of the herein described premises; THENCE northeasterly along a curve to the left having a central angle of 23000'40" with a radius of 305.00 feet, for an aro distance of 122.49 feet (chord = North 37000'23" East, 121.67 feet) to the place of beginning and containing 320 square feet or 0.007 acre of land. Ordinance No. 2502-3-06, Page 5 1 EXHIBIT "B" 6astI179 Presb'ge Cirda IS Bethany Drive East Rlght af-Way 8,277Sq.Ft oralWAcre NB y „e w e.l�• Q l"°r� �... rm�i � IWMntlMIE� eyfwvr mmaro n»sa i TY®TTbIIVM' IYN 0 0 Atlee Bushels CCMnrnciAf ✓d N Pg. B66 CCMR Lo! IA A Swhxa CaiOo-T Al M K Rg.WL'G1Wt I ROOMEIWSURVEYINGi !NC 3pA + 6 SUITE alD x. nc 79ma . Ind ..0 mo: Ordinance No. 2502-3-06. Page 6 I 0 Existing Prestige Circle East Right -of -Way 320Sq.Ft. or 0.007ACre de Gviopl 5Vq0 o p ��rexn• Q p�"°O� s.. al y O�Tl9'SPVE� srnrmw "I" Q RDOINE LAND SURVEYING, INC. 4 2000 E BURrr S .10 9ta PLIWG. T% 7lO74 11m�ILn4� 19J �iTlT! Ordinance No. 2502-3-06, Page 7 Ido 'hM x�mq fd IA O/r Aa»&aMyC 7WAf Yd. N P, bV6CG11R Q mne ue �m C�11YII1T OMSIIfY L1LI1' �� N � M G� I L j✓ wwxlVM tai 4ok I" - 60 srnrmw "I" Q RDOINE LAND SURVEYING, INC. 4 2000 E BURrr S .10 9ta PLIWG. T% 7lO74 11m�ILn4� 19J �iTlT! Ordinance No. 2502-3-06, Page 7