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Home My WebLink AboutO-2389-4-05Ii 20060 423000523950 lllill9ll4i1201I2�0I0NfiI 09 17 47 AM 9F 1/8 ORDINANCE NO. 238%-4-05 ' AN ORDINANCE OF THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS ABANDONING ALL RIGHT, TITLE AND INTEREST OF A PORTION OF EXCHANGE PARKWAY, AND BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B" ATTACHED HERETO; PROVIDING FOR TAE 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 rights-of-way to Grantee, and is of the opinion and finds that said right-of-way are 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 the abutting property owner, John L. Cole, Trustee and Managing Venturer of Allen Exchange Joint Venture, the street right-of-way known as Exchange Parkway, and being further described in Exhibit "A" and depicted in Exhibit `B," attached hereto and made a part hereof for all purposes, the more 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, stone and sanitary sewer lines and appurtenances in and upon the real property 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 dedicates right-of-way acceptable to the City of Allen for future Exchange Parkway. 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 famish 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 John L. Cole, Tmstee and Managing Venturer of Allen Exchange Joint Venture, 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, Q?f�WS THE Urn DAY OF APRIL, 2005. �l•'� APPROVED: z y ••:, y Step�MAYOR `," %C��C��••.... •gyp,. ATTEST: APPRO VE)fAijYis Peter G. Smith, CITY ATTORNEY Shelley B. Geo , TRMC, C1111 SECRETARY Ordinance No. 2389-405, Page 2 E7MIT "A" LEGAL DESCRIPTION ru I u= Chldlfllvlde rNmmvvM 1 iz69i SO. FT DESCRIPTION BEING a 1.6689 acre tract of lard stastedh the JOHN b9LLER SURVEY, ABSTRACT NO. 609, and Na W ETSAUL FISHER SURVEY, ABSTRACT NO. 323. Colin County, Tens and being pad of that raged 50.265 acre tract a land com n yed by deed to John Code, Trustee, recorded M Volume 2662, Page 001, Deed Records, Conn County. Tens and being moors partmilady desalaed as follows: BEGINNING at a point for comer in the easteM intersectionfine of Angel Parkway (a 120' R.O.W.), said point bears g S 01 cep, 11 min. 54 sea E. a distance of 414.62 feet from the intersection of Ne nodh ba: of said 50265 acre tad line One wan the easterly rightof-way fine of Angel Parkway (a 120' R.O.W.) said reference point also being the Wuthvrest comer of Summerfield No. 1 Addition, an addition M the City of Alen, recorded in Cabinet L, Page ?Be. Map Records, Collin County. T.W. THENCE N 88 deg. 48 min. 06 sec E, a distance of 10.00 feet M punt for corner; THENCE S 46 deg. DO min. DD see. E, a distance of 4238 feet M a point for comer, THENCE N 89 deg. 26 min. 54 sec E, a distance or 14.79 feat to a point for comisr and being the beginning of a cum w the ''ght having a central angle of 09 deg. 20 min, 02 aec, a radtis of 1105.00 feet and a chord which bears S 85 deg. 53 min. 05 sec. E, a Cstanas of 179.81 reek THENCE southwesterly, among the said curve, an am distance of 180.01 rest to a point for comer and being the end of sold curve; THENCE S 73 deg. 30 min. 10 sec E. a distance of 16090 feet to a point for comer and being me beginning of a nave M Ne right, he" a cental angle of O6 deg. 47 min. 01 sec, a radius of 1095.00 feet and a chord which bears S 69 deg. 58 nen. 38 sec. E, a distance of 129.57 feet THENCE southwesterly, along the said curve. an arc disfanee of 129.65 feel N a point for comer and being 01e end N said aeve; THENCE S 66 deg. 35 min. 08 sec E, a distance of 210AB feet to a point for comer, THENCE smrth. a distance of 97.46 feet to a point for comer, THENCE N 65 deg. 42 min. 52 sec. W, a distance of 249.21 feel to a point for comer and being Its, beginning of a merve b the k8 having a cental unfits of 05 deg. 02 min, 56 sec, a radars o1 1005.00 feet and a chord Which bears N 69 deg. 05 min. 36 sea , a distance of 89.53 feet THENCE numbwestady, along the said curve, en arc distance of 88.56 feet to a point for comer, THENCE N 79 deg. 44 min. 10 sec W, a distance of 149.45 feet to a point for comer and being the beginning Of a cora-tangent curve to the lek ha * a centra! angle of 10 deg. 995.00 feet arld a chord which bears N 95 deg. 22 min. OB see W, a distance u 179.76 feet THENCE northwesterly, along the said curve, an am distance of 180.01 feat to a Point for corner end being the and of said one. THENCE S 89 deg. 26 min. 54 sec. W, a distance of 13.77 feet W a point for comer, THENCE 5 44 deg. 01 mat. 19 sec W. a distance of 41.75 feet W a poet for comer, THENCE S 88 deg. 48 mar. 06 sec. W, a distance of 10.00 feet 10 a point for comer in the as&" night -of - way lire of said Angel Parkway. THENCE N 01 deg. 11 min. 54 sec. W, a dsti nes of 169AB feet to Oe POINT OF BEGINNING and containing 72.697 sq. R or 1.6689 some of land. ' Ordinance No. 2389-4-05 Page 3 i Ordinance No. 2389-9-05 Page ;� I I I EXHIBIT "B" Ordinance No. 2389-4-05 Page § ,m$ �, k � a � \|� |� �[