O-2138-2-03a I7 r] IiJV 19) 32WIPd91.1m
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING A STREET RIGHT-OF-WAY EASEMENT
DESCRIBED IN EXHIBITS "A," `B," AND "C"; 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 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 Mixon
Investment Company, Inc., 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 Mixon Investment Company,
hie., the abutting owner, the rightof--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 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 Mixon Investment Company, hic., 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 Mixon Investment Company, Inc., 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.
' DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE llra DAY OF FEBRUARY 2003.
1
APPROVED:
Stephen Terrell, MAYOR
B 99111111A al 174691 CU a) 00 /101176919
Peter G. Smith, CITY ATTORNEY Shelley B. George, ACTIM CITY SECRET Y
Ordinance No. 2138-2-03, Page 2
EXHIBIT "A"
' DESCRIPTION
BEING all that certain lot, tract or parcel of land situated
In the Shadrick Jackson Survey, Abstract No. 489, in the
City of Allen. Texas, and being a portion of those certain
tracts of land conveyed to Lula Elkin according to the deed
recorded in Volume 192. Page 156 of the Dead Records of
Collin County, Texas (DRCCT), and being more particularly
described by metes and bounds as follows:
BEGINNING at a 1-1/4' Iron pipe found in the south line of
the aforementioned Lula Elkin tracts from whence a 3/4' Iron
rod found at the southeast corner of the Second Tract
described in sold deed to Lula Elkin bears
N 89'10'56' E-1320.18 feet;
THENCE S 85'57'23 W, with the south line of sold Lula Elkin
tracts, 34.76 feet to a found 1/2" Iron rod;
THENCE N 00'59'45' W, departing the south line of said Lula
Elkin tracts, 1040.37 feet to an of uninum Texas Department
of Transportation disc found at the southeast corner of
that certain 5.441 acre tract conveyed to the State of Texas
according the deed recorded In Volume 4645, Page 1878,
DRCCT;
THENCE N 62'42'29" E. 46.94 feet to a 1/2" Iron rod with
plastic cap stamped NDM set of the southwest corner of that
certain 5.296 acre tract conveyed to the State of Texas
according the deed recorded In Volume 4855, Page 1956,
DRCCT, from whence a 2" Iron pipe found at the northwest
corner of acid 5.296 acre tract bears N 00'35'50' W. 195.76
feet;
THENCE S 00'35'50' E. 1059.34 feet to the POINT OF BEGINNING
and containing 0.9244 acres (40,268 square feet) of land,
more or less.
BASIS OF BEARINGS for the property shown and described
hereon Is the monumented east line, being S 00'59'45 E. of
that certain 5.441 acre tract of land conveyed to the State
of Texas, according to the deed recorded In Volume 4845,
Page 1878, DRCCT, said deed states that the bearings for
said 5.441 acres are based on the Texas State Plane
Coordinate System North Central Zone.
Ordinance No. 2138-2-03, Page 3
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Ordinance No. 2138-2-03, Page 5