O-1910-12-0004838 01459
ORDINANCE NO. 19104240 2001- 0007000
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN A
PORTION OF AUSTIN DRIVE, SOUTH OF MCDERMOTT DRIVE, BEING MORE
PARTICULARLY DESCRIBED IN EXHIBIT "A"; PROVIDING FOR THE
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; PROVIDING FOR THE
CITY MANAGER TO EXECUTE DOCUMENTS; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, acting pursuant to law and upon the request of Wilho
Properties, 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 Wilbo Properties, Inc., the
abutting owner, the prescriptive right-of-way (mown as Austin Street, south of McDermott Drive described in
Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. The aforesaid street nght-of-way is abandoned, vacated and closed insofar as to the right,
title and interest of the public to such surfaces are concerned. That the City of Allen, Texas, 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 the right -o& -way, described in Exhibit "A," either in fee simple or by easement or
otherwise, together with and all improvements thereon, subject to the limitations and reservations sated
herein.
SECTION 3. The City Secretary is authorized and directed to prepare a certified copy of this ordinance
and famish the same to the abutting property owner, Wilbo Properties, Inc., 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 the abutting property owner, Wilbo Properties, Inc., of all the right, title
or interest of the City of Allen in and to the aforesaid street rights-of-way described in Exhibit "A," subject to
the limitations and reservations of this Ordinance.
SECTION 4. As a further condition of this abandonment and as 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 street right-of-way described in Exhibit "A," and Grantee hereby agrees to defend any and all
' suits, claims, or causes of action brought against the City of Allen, Texas, on account of the same, and to
discharge any judgement or judgements that may be rendered against the City of Allen, Texas, in connection
therewith.
04838 01460
SECTION 5. The City Manager is authorized to execute any documents necessary to complete the
abandonment contemplated herein.
' SECTION 6. This Ordinance shall take effect immediately from and after its passage 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 I ON THIS THE 21" DAY OF DECEMBER, 2000.
kir sop
APPROVED:
Stephen errell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, CrrY ATTORNEY Jug Morrion, CMC/AAE, CITY SECRETARY
Ordinance No. 1910-12-00, Page 2
r
EXHIBIT A 04838 0 1 4 6 1
n a - r i Ira
A tract of land being a portion of fhs griefs rLy retained in Volume 1 at Paps 132
of the Deed Records of Collin County, Taaas D. R. C. C. T.), Ey the Texas Contral
Railway Compary. and It's aucceaaon, said tract being aced by the City of Anon as
Austin Drive an being mon .particularly described by melp and bounds as follows.
Commencing for a tie, at a 1 7 rebar found, on the West right—of—way Of the S do P. RR
Co. right—of—way, far the South corner of the Alpha Self Storage Addition, cc i'.ed far
record In Volume J a.. Pooe 370 cf 8w PE i Records of Collin County, Texas (P. R. C. C.
T.);
Thence N 2700'15' E. along the aforementioned West right—of—way Oe and the
East boundary of the aforementioned Alpha Self Storage Addition, passing at 1154.68
feel a 1/Y mbar found far the Northeast comer of said addition and continuing for a total
distance of 118296 feet to the Point of Beginning of the tract of land herein described;
Ordinmee No. 1910-12-00 Page
Thence N 1404W F. generally along the West • of an existing asphalt
Ih»
1175.44, feet to
a t an 1M ectad t—cf—w
n
of
McDermoh
- Thmce S 7737`41' E.
along the aforementioned pro ed Southerly
right—of—way
Ona, 23.00 feat to an
described;
'+' chiseled for the Northeast corer of the
tract of land herein
Thence S 2700'15 W.
177.81 feet to the Point of Beginning.
Ordinmee No. 1910-12-00 Page