O-2193-7-0365411 01514 2003'_ 0155428
ORDINANCE NO. 2193-7-03
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN OLD
BETHANY ROAD WITHIN TRACT 2-9 OF ABSTRACT NO. 500 AND BEING
MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" 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; AOND PRCArIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to law and upon the request of the
abutting property owner, hereinafter referred to as Grantee, deems it advisable to abandon and quitclaim the
hereinafter illustrated 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 Emerson Partners, Inc. and
Emerson Famr Company, Ltd. the abutting property owners, the righto&-way beginning at the southern right-
of-way line of New Bethany Drive, south and west across Tract 2-9 Abstract 500 to the western boundary of
Tract 2-9 Abstract 500, as described in Exhibit "A" 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 illustrated 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 the abutting property owner 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 Emerson Farm Company, Ltd., 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
hamdess 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.
05477 07575
SECHON 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, COLLIP
COUNTY, TEXAS, ON THIS THE 22ND DAY OF .IDLY, 2003.
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. George, C, CITY SECr&TARY
Ordinance No. 2193-7-03 Page 2
1
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EXHIBIT "A"
N
N
PIMP
WEST BETHANY DRIVE
Q�F
0
FTRACT 2-9
OLD BETHANY ROAD
TRACT 24
NOTE:
1. TRACT DATA REF COLLIN CAD PROPERTY INFORMATION
ROW ABANDONMENT DRAWN1 FJP
ABSTRACT 500 TRACT 2-9 DATE: 7/14/2003
OLD BETHANY ROAD SHEET 1 OF 1
Ordinance No. 2193-7-03, Page 3