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Home My WebLink AboutO-2378-3-05NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City of Allen hereby abandons and quitclaims in favor of Twin Creeks Partners, L.P., the abutting owner, the right-of-way located in the tract of land 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. SECTION 2. Said street right-of-way is abandoned, vacated and closed as to the right, title and interest of the public to such right-of-way. That the City of Allen does not abandon any other interest other than that described in Exhibit "A," but does hereby abandon all of its right, title and interest in and to that certain tract of land described in Exhibit "A," 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 City Secretary is authorized and directed to prepare a certified copy of this ordinance and furnish the same to Twin Creeks Partners, L.P., 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 Twin Creeks Partners, L.P., of all the right, title or interest of the City of Allen in and to said street right- of-way easement on the property described in Exhibit "A," subject to the limitations and reservations of this ordinance. SECTION 4. 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 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 in connection therewith. ' SECTION 5. This Ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. 2005- 0041623 ORDINANCE NO. 2378-3-05 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A 0.027± ACRE TRACT OF RIGHT-OF-WAY O Ul DESCRIBED IN EXHIBITS "A" AND "B"; PROVIDING FOR THE FURNISHING M OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL tD tD PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; PROVIDING FOR THE INDEMNIFICATION OF THE CITY OF ALLEN AGAINST C:) CIl DAMAGES ARISING OUT OF THE ABANDONMENT; AND PROVIDING AN -r- EFFECTIVE DATE. N v WHEREAS, the City Council of the City of Allen, acting pursuant to law and upon the request of Twin Creeks Partners, L.P, the abutting owner, hereinafter referred to as Grantee, deems it advisable to abandon and quitclaim the hereinafter described tract of land to Grantee, and is of the opinion and finds that said tract 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 hereby abandons and quitclaims in favor of Twin Creeks Partners, L.P., the abutting owner, the right-of-way located in the tract of land 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. SECTION 2. Said street right-of-way is abandoned, vacated and closed as to the right, title and interest of the public to such right-of-way. That the City of Allen does not abandon any other interest other than that described in Exhibit "A," but does hereby abandon all of its right, title and interest in and to that certain tract of land described in Exhibit "A," 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 City Secretary is authorized and directed to prepare a certified copy of this ordinance and furnish the same to Twin Creeks Partners, L.P., 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 Twin Creeks Partners, L.P., of all the right, title or interest of the City of Allen in and to said street right- of-way easement on the property described in Exhibit "A," subject to the limitations and reservations of this ordinance. SECTION 4. 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 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 in connection therewith. ' SECTION 5. This Ordinance shall take effect immediately from and after its passage as the law and charter in such cases provide. 05888 05428 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE a DAY OF MARCH. 2005. Peter G. Smith, CITY ATTORNEY E APPRO D: Stephen Terrell, MAYOR ATTEST: Shelley B. Georg RMC, CITY S=RETARY Ordinance No. 2378-3-05, Page 2 � R.• Ri Peter G. Smith, CITY ATTORNEY E APPRO D: Stephen Terrell, MAYOR ATTEST: Shelley B. Georg RMC, CITY S=RETARY Ordinance No. 2378-3-05, Page 2 05888 05429 EXHIBIT"A" ' EXHIBIT "A" 0.027 ACRE TRACT BEING A 0.027 ACRE TRACT OF LAND SITUATED IN THE JESSEA. GOUGH SURVEY, ABSTRACT NO. 347, IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS AND BEING A PORTION OF A TRACT OF LAND DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN VOLUME 667, PAGE 731, DEED RECORDS COLLIN COUNTY. TEXAS (D.R.C.C.T.). SAID 0.027 ACRE TRACT WITH REFERENCE BEARING BEING THE NORTH LINE OF TRACT 2, CALLED 34.605 ACRES, DESCRIBED IN DEED TO HILLWOOD RLD, L P, RECORDED IN COUNTY CLERKS FILE NO. 20D4-0013887, DR C.C.T. BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: COMMENCING AT A 518" IRON ROD CAPPED "CARTER BURGESS" FOUND FOR THE SOUTHEAST CORNER OF TWIN CREEKS PHASE 6A, AN ADDITION TO THE CITY OF ALLEN, RECORDED IN CABINET P, PAGE W. PLAT RECORDS COLLIN COUNTY, TEXAS, AND THE NORTH LINE OF SAID STATE OF TEXAS TRACT:. THENCE S 87°16'08" W, ALONG THE SOUTH LINE OF SAID TWIN CREEKS PHASE 6A, AND THE NORTH LINE OF SAID STATE OF TEXAS TRACT, A DISTANCE OF 175.58 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER BURGESS' SET FOR THE POINT OF BEGINNING, AND THE BEGINNING OF A NON - TANGENT CURVE TO THE LEFT; THENCE DEPARTING SAID COMMON LINE, OVER AND ACROSS SAID STATE OF TEXAS TRACT, THE FOLLOWING COURSES: ' SOUTHWESTERLY, ALONG SAID NON -TANGENT CURVE TO THE LEFT HAVING A RADIUS OF 250.00 FEET, A DELTA ANGLE OF 10°34.42", A LONG CHORD THAT BEARS S 09°26'14" W, A DISTANCE OF 46.09 FEET, AN ARC DISTANCE OF 46.16 FEET TO A POINT FOR CORNER; 1 S 87" 1 SW W. A DISTANCE OF 21.71 FEET TO A POINT FOR CORNER; N 02°43'52• W, A DISTANCE OF 45.06 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED TARTER BURGESS" SET FOR CORNER IN THENORTH LINE OF SAID STATE OF TEXAS TRACT, AND THE COMMON SOUTH LINE OF SAID TWIN CREEKS PHASE 6.1, FROM WHICH A 5/8" IRON ROD CAPPED "CARTER BURGESS" FOUND BEARS S 97°16'08" W, A DISTANCE OF 266.72 FEET; THENCE N 87'164)8"E. ALONG SAID COMMON LNN'E A DISTANCE OF 31.42 FEET THE PONN�INNING. AND CONTAINING 0.027 ACRES OF LAND, MORE OR LESS. a Aa"" x r Yx EDUARDO \7ARTINEZ REGIS"[FRED PROFESSIONAL LAND SURVEYOR - TEXAS REGISTRATION NO. 52?4 � f tael L'SI,DaTA'INCAlK�4270362UWau•0385R0)1.DOC SFa:Ef1 0F2 `$ , `*, q4 - Ordinance No. 2378-3-05, Page 3 SURVEYOR - TEXAS REGISTRATION NO. 52?4 � f tael L'SI,DaTA'INCAlK�4270362UWau•0385R0)1.DOC SFa:Ef1 0F2 `$ , `*, q4 - Ordinance No. 2378-3-05, Page 3 IC II SCALE: V = AO' S 87-16'08* W 266.72' 0.027 ACRES 05888 O543O lWE BEARING MSIANCC.I It 5 BTIB'00 W 21.>i '. t2 N D]'AS SI W X5.06 I U N BT1600" E 3LA2' I TWIN CREEKS PHASE 6A CABINET P. PAGE 846 P.R.C.C.T. / J g /po,-NT- 5- ECINNIN OY ING CIRS S BT16'08' W 175.58' Z; i> L1 PY IM MAODRIIYOTT OF" (A VARIABLE WIDTH R.O.W.) N STATE OF TEXAS VOLUME 667, PAGE 731 D.R.0.0 -:.mwc Ross a m ..Ica .:, s a ..vcs, � u RSLa'o ..,sux> wo.L n�rdleEA u m n l 1.t w ,.IA Z cucc* I EXHIBIT A SMEEF, 0,027 ACRE Carter. -Burgess TRACT aerEe R Owns• INC ( >s RI{. ATI[ s 2 a 2%55f I O0S R. C W[fM1 iPX1f eJAKY 19594^' x0..4J � M M CT ry MSiN. C6.W l0'NI� igJy Ordinance No. 2378-3-05, Page 4