O-1733-6-99d
99— 0094564
ORDINANCE NO. 1733-6-99
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN
CURTIS LANE BETWEEN EXCHANGE PARKWAY AND THE NORTH
PROPERTY LINE OF THE WAL-MART PROPERTY 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; 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 owners, hereinafter referred to as Gramm, deems it advisable to abandon and
quitclaim the hereinafter described rights-of-way to Grantees, and is of the opinion and fords that said
rights-of-way are not needed for public use and should be abandoned and quitclaimed to Grantees, 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:
SECTION 1. That the City of Allen, Texas, hereby abandons and quitclaims in favor of the abutting
property owners, the prescriptive street right-of-way known as Curtis Lane between Exchange Parkway
and the north property line of the Wal-Mart property, and being further described in Exhibit "A" attached
hereto and made a part hereof for all purposes.
SECTION 2. That the aforesaid street right-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-of-way described in Exhibit "A", either in fee simple or by
easement or otherwise, together with any and all improvements thereon, subject to the I'unitations and
reservations stated herein.
SECTION 3. That upon application for the first building permit for improvements to be constructed
on Abstracts 702, L.K. Peques Survey and Abstract 325, John Pyre Survey, Collin County, Allen,
Texas, the City Secretary is authorized and directed to prepare a certified copy of this Ordinance and
famish the same to the abutting property owners, and 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 owners, of all right, title or interest of the City of Allen, Texas, in and
to the aforesaid street rights-of-way described in Exhibit "A", subject to the limitations and reservations
of this Ordinance.
SECTION 4 That as a condition of this abandonment and as part of the consideration for the
quitclaim to Grantees herein, if the City of Allen requires access along Curtis lane, Grantees agree to
provide a temporary access easement from the north property line of the Wal-Mart property to
Exchange Parkway; and agree to participate with others to build an all weather surface road on this
easement; said easement to remain until the City of Allen does not require access along Curtis lane.
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SECTION 5. That as a further condition of this abandonment and as part of the consideration for the
quitclaim to Grantees herein, Grantees agree 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 Grantees
hereby agree 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 judgment or judgments that may be rendered
against the City of Allen, Texas, in connection therewith.
SECTION 6. That the City Manager is authorized to execute any documents necessary to complete
the abandonment contemplated herein.
SECTION 7. That 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, TEXAS, ON THIS THE 17th DAY OF JUNE, 1999.
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APPROV£04��JOtl�''Q`RIt
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Peter G. Smith, CITY ATTORNEY LJ4 M n, CMC, CITY SECRETARY
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Ordinance No. 1733-6-99 Page
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Ordinance No. 1733-b-991,
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