O-2199-8-03ORDINANCE NO. 2199-8-03
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING A STREET RIGHT-OF-WAY DESCRIBED IN
EXHIBIT "A," DEPICTED IN EXHIBITS "B," AND "C'; PROVIDING FOR THE
FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE
IN THE REAL PROPERTY RECORDS OF COLLIN COUNTY, TEXAS, AS A
QUITCLAIM DEED; PROVIDING FOR THE INDEMNIFICATION OF THE CITY
OF ALLEN AGAINST DAMAGES ARISING OUT OF THE ABANDONMENT; AND
PROVIDING AN EFFECTIVE DATE.
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 tinct
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 Exhibits
"B" and "C" 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 nght, 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 famish 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 Farmers, 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 depicted in Exhibits "B" and "C;' 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COI.LIN
' COUNTY, TEXAS, ON THIS TBE 20 DAY OF AUGUST, 2003.
APPROVED:
1
Stephen errell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CFIFY ATTORNEY Shelley B. CieerWTRWMC, CITY SECRETARY
Ordinance No. 2199-8-03, Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
BEING, a tract of land situated in the Catherine Parsons Survey, Abstract No, 711, in the City of
Allen, Collin County, Texas, being part of Twin Creek Phase IV B, an addition to the City of Allen,
as described in Volume K, Page 160, in the Plat Records of Collin County, Texas, and being more
particularly described as follows:
COMNIENCING, at a '% inch iron rod found at the southwest corner of Block D Lot 2, of Twin
Creeks Phase 4C, an addition to the City of Allen, Texas, as described in Volume N, Page 34, in said
Plat Records, also being in the east line of Comanche Drive (60' R.O. W.);
THENCE, North 11-59'22" West, along said east line and with the west line of said Block D Lot 2,
for a distance of 8 1. 16 feet, to a''/] inch iron rod found at the point of curvature of a curve to the left,
having a radius of 1030.00 feet, a central angle of 02°23'41", and a tangent of 21.53 feet;
THENCE, continuing along said lines and with said curve to the left for an arc distance of 43.05 feet
(Chord Bearing North 13011'13" West - 43.05 feet), to the POINT OF BEGINNING;
THENCE, continuing along said lines and with said curve to the left, through a central angle of
' 0204654", and a tangent of 25.01 feet, for an arc distance of 50.00 feet (Chord Bearing North
15°46'30" West - 50.00 feet), to a'h inch iron rod found;
THENCE, North 74113'29" East, departing the east line of said Comanche Drive and with said west
line of Block D, Lot 2, for a distance of 50.00 feet, to a 'h inch iron rod found;
THENCE, South 15°46'31" East, continuing along said west tine, for a distance of 50.00 feet, to a
inch von rod found;
THENCE, South 74013'29" West, continuing along said west fine, for a distance of 5 0. 00 feet, to the
POINT OF BEGINNING and containing 2489 square feet of land.
Ordinance No. 2199-8-03. Page 3
1
N0
L�aKV�
TNN VOI
e-
R -
L-
C-
B -
d
I*14:IIOY w l.0
i
a�
n
o�
4 p
" L
gAc
a P�
w74•I3-29"E
r 50.00'
r{ �M•ur
`574.13'29"W
50.00'
EXHIBIT 'A' - 2489 s0. ff.
TWIN GREENS PHASE IV B
CATHERINE PARSONS SURVEY- ABSTRACT NO. 711
CITY OF ALLEN
ML IN COUNTY. TEXAS
Ordinance No. 2199-8-03 Page 4
II
I j I
EXHIBIT "C"
Ordinance No. 2199-8-03, Page 5
cscrra • ��