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O-1676-1-9999— 0017703 WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to State law and upon request of ' the abutting property owner, Wilbo Properties, Inc., hereinafter referred to as Grantee, deems it advisable to abandon and quitclaim the hereinafter described rights -0f --way to Grantee, and is of the opinion and finds that said rights-of-way are 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City of Allen, Texas hereby abandons and quitclaims in favor of Within Properties, Inc., the abutting property owner, the two, alley rights-of-way, being further described as Tracts A and B in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The aforesaid alley rights-of-way are abandoned, vacated and closed insofar as to right, title and interest of the public to such surfaces are concerned. 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 those rights-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 limitations and reservations stated herein. SECTION 3. Upon the approval of a replat of Block 10, Lots 2, 5R, 7R and 8 of the Old Donation Addition which incorporates the alley rights-of-way abandoned herein into the Lots replatted, and the dedication of a temporary twenty foot utility easement within Tract A and a portion of Tract B by separate instrument by the owners of Tract A and Tract B, as depicted in Exhibit "B" that the City Secretary is ' authorized and directed to prepare a certified copy of this Ordinance and furnish the same to Wilbo Properties, Inc., 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 0 ORDINANCE NO. 1676-1-99 � to AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS ' ABANDONING ALL RIGHT, TITLE AND INTEREST IN A 20 FOOT ALLEY RIGHT-OF-WAY LOCATED EAST OF BUTLER STREET, SOUTH OF O N MCDERMOTT DRIVE, BEING MORE PARTICULARLY DESCRIBED AS TRACT A IN EXHIBIT "A" ATTACHED HERETO; AND ABANDONING A PORTION OF CJ rs A 25 FOOT ALLEY RIGHT-OF-WAY LOCATED SOUTH OF MCDERMOTT DRIVE, NORTH OF THE ALPHA STORAGE ADDITION AND BEING MORE PARTICULARLY DESCRIBED IN AS TRACT B 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 TIN CITY MANAGER TO EXECUTE ANY DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Allen, Texas, acting pursuant to State law and upon request of ' the abutting property owner, Wilbo Properties, Inc., hereinafter referred to as Grantee, deems it advisable to abandon and quitclaim the hereinafter described rights -0f --way to Grantee, and is of the opinion and finds that said rights-of-way are 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 RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City of Allen, Texas hereby abandons and quitclaims in favor of Within Properties, Inc., the abutting property owner, the two, alley rights-of-way, being further described as Tracts A and B in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The aforesaid alley rights-of-way are abandoned, vacated and closed insofar as to right, title and interest of the public to such surfaces are concerned. 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 those rights-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 limitations and reservations stated herein. SECTION 3. Upon the approval of a replat of Block 10, Lots 2, 5R, 7R and 8 of the Old Donation Addition which incorporates the alley rights-of-way abandoned herein into the Lots replatted, and the dedication of a temporary twenty foot utility easement within Tract A and a portion of Tract B by separate instrument by the owners of Tract A and Tract B, as depicted in Exhibit "B" that the City Secretary is ' authorized and directed to prepare a certified copy of this Ordinance and furnish the same to Wilbo Properties, Inc., 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 i,,. H 04351 02336 owner, Wilbo Properties, Inc., of all right, title or interest of the City of Allen, Texas in and to the aforesaid alley rights-of-way described in Exhibit "A". SECTION 4. As a 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 rights-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 judgment or judgments that may be rendered against the City of Allen, Texas in connection therewith. SECTIONS. That as a further condition of this abandonment and as a further part of the consideration for the quitclaim to Grantees herein, Grantee agrees to pay all costs associated with the relocation of any existing utilities located within the aforesaid alley rights-of-way. SECTION 6. That this ordinance shall take effect immediately from and after its passage in accordance with the provisions of the Chatter of the City of Allen, provided however the abandonment of the alley rights-of- way as described in Exhibit A, and the quitclaim thereof by the City of Allen to Wilbo Properties, Inc., shall not be effective unless and until the conditions set forth in Section 3 hereof have been fully satisfied, 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 21ST DAY OF JANUARY, 1999. APPROVED: Stephen Terrell, MAYOR YI�A Peter G. Smith, ACTING CITY ATTORNEY J dy Mo n, CMC, CITY SECRETARY • �` a a MEMO Ordinance No. 1676-1-99 Paget I , II S 88'00.+9\0.49 E W 2 F. XI�7�IT A McDERM? � o MRI VE Lot 7R Willbo Addition Alpha Self Staraja pgdltll.n V. 370 Vol. K, Pg. 96.E Lot 8, Block 10 UNITY CMTADVE PRCCT H� Original Donation m E _ EEEfff x Vol. 6, Pg. 152 W s V A PRCCT n ^ E Lot 5R Wlllbo Addltlon X00. Lot 2, Block 10 Vol. K, Pg. 96 CT s, a Original Donation Val. 6, 152 PRCCT /Errµ q To Ba Alby / taps k$ PRCCTCT saaadaab � ��'W Ndo RECEIVED Alpha Self Staraja pgdltll.n V. 370 DEC 011998 Lot 8, Block 10 UNITY CMTADVE Original Donation m E _ EEEfff Vol. 6, Pg. 152 W s V PRCCT n Lot 2, Block 10 Original Donation Val. 6, 152 _ PRCCTCT � RECEIVED Alpha Self Staraja pgdltll.n V. 370 DEC 011998 PRCCT UNITY CMTADVE 1• . m 12-at-1PPE RP 15946C ma. S Sparr Surveys P.C. 9. 12" oE. len, T.. 7aa1]ain SV� S na C N 1270 02/30 2,M Ordinance No. 1676-1-99 " F,XHIHIT A TRACT A BEING a tract of land situated In the Wf18am Penin Survey, Abstract No. 708, Collin County, Texas, and being a portion of an existing 25 foot wide alley located in Block 10 of the Original Donation, on addition to the City of Allen, Texas, according to the plat thereof recorded in Volume 6, Page 151 of the Plot Records of Collin County, Texas (PRCCT), and being more particularly described as follows BEGINNING at a 1/2 -Inch iron rod set in the east line of Butler Drin (80 foot right-of-way), of the southwest caner of Lot 7R of the Wdibo Addition, an addition to the City of Allen. Texas, according to the plot thereof recorded in Volume K, Page 96 PRCCT,• THENCE 5 7870'18' E, departing the east line of said Butler Drim, along the south line of said Lot 7R, 50.00 feet to a I/1 -Inch kai rod set at the southeast comer of said Lot 7R and Tying in the west line of a 25 foot wide alley, THENCE 5 1179'42 w, along the west line of said alley, 20.00 het to a 1/2 -Inch kon rod set at the northeast comer of Lot 8, Block 10 of sold Original Donation; THENCE N 7870'18' W. deporting the west line of said alley, along the north line of sold Lot 8, Block 10, 50.00 feet to a paint in the east line of said Butler Drive; THENCE N 117942" E, along the east line of said Butler OHM 20.00 feet to the POINT of BEGINNING and containing 1,000 square feet of land. TRACT B BEING o tract of land situated in the Wiliam Penin Survey Abstract No. 708, Collin County, Texas, and being o portion of an existing 25 foot wide alley located In Block 10 of the Original Donation, an addition to the City of Allen, Texas, according to the plat thereof recorded In Volume 6, Page 152 of the Plot Records of Collin County, Texas (PRCCT), and being more particularly described as fellows: ' BEGINNING of a 1/1 -inch kon rod set of the intersection of the west line of an existing 25 foot wide alley with the south line of an existing 25 foot wide alley, of the northeast caner of Lot 8, Block 10 of said Original Donation; THENCE 5 7870'18' E, departing the west line of said 25 foot wide alley, along the projected south line of an existing 25 foot wide alley, 25.00 feet to 0 1/2 -inch Iran rod set in the east line of an existing 25 foot wide alley, and lying In the west line of Lot 5R of the Wdlbo Addition, an odditfm to the City of Allen, Texas according to the plat thereof recorded in Volume K. Page 96 PRCCT THENCE 5 11'3942' W, along the east line of sold alley and west line of said Lot 5R, at 1514 feet passing the southwest comer of sold Lot 5R, some being the northwest caner of Lot 1, Block 10 of said Original Donation, continuing along the east line of said alley and west lime of sold Lot 1, in all a distance of 85.38 het to the southwest comer of sold Lot 1 and lyfng In the north line of a tract of land as desorbed In dead to Wdbo Properties, Inc recorded In Gerk's File No. 98-0132462: THENCE N 8877'53' W, deporting the east line of said alley, along the north line of said WVlbo tract 2541 feet to a pant in the west line of mid alley at the southeast comer of said Lot all THENCE N 1139'42' E, along the west line of said Way and east line of sold Lot 8. 89.92 feet to the POINT of BEGINNING and containing 2.191 square feet of land. RECEIVED ' '3701 DEC 011998 195%$p� CITY OF ALLEN RECISTE ED PROFESSIONAL LAND SURVEY COMMUNITY REVEL NO. 5701 S Sparr Surveys a r 1 eW E w.T SVM 5127 C w 1]—oe—lee! fx�'ns/sso-ee%IYTI w,.�So46C SHUT 2 OF P Ordinance No. 1676-1-99 0 N W W O, 04351 02339 TRACT NO.: Collin County Vol. 6, Page 152 TEMPORARY EASEMENT FOR RIGHT-OF-WAY CITY OF ALLEN STATE OF TEXAS COUNTY OF COLLIN That we, the undersigned, ("Grantors") for and in consideration of the sum of Ten DOLLARS ($10.00) to us cash in hand paid and other good and valuable considerations, paid by the CITY OF ALLEN ("Granted') the receipt of which is hereby acknowledged and confessed, have granted, sold and conveyed, and by these presents do grant, sell, and convey unto the City of Allen all easement and right-of-way in, across and through those certain premises owned by Grantors to construct, operate, reconstruct, perpetually maintain and remove facilities for the transportation of utilities, with all incidental equipment, and appurtenances, on, over, under, and through the following described lands situated in Collin County, Texas, to -wit: BEING temporary sanitary sewer easement containing 1,868 square feet of land over and across that certain tract of land recorded in Collin County File Vol. 6, Page 152 being the same land found in the William Perrin Survey, Abstract No. 708. SEE ATTACHED EXHIBIT "A" FOR DESCRIPTION. The Grantee herein, its successors and assigns, shall have, and it is hereby granted the right of ingress and egress for all purposes incidental to said grant. The Grantee shall utilize the easement for a utility. This temporary easement will be in effect until such time that either (a) the City removes the temporary buildings that house the Parks and Recreation Departments, or (b) the existing sewer line within this easement is relocated to the R.O.W. of Butler Drive, at the expense of the property owner, which ever occurs fust. The said Grantors herein, their heirs and assigns, shall have the right fully to use and enjoy the said premises covered by said above described easement except for the purpose of erecting buildings or permanent structures on and over said right-of-way. In addition to consideration above recited for the use of said easement, the Grantee will restore to a condition as good or better said property including but not limited to fences, driveways, drainage channels, terraces, and other improvements damaged through the use of said easement. PAGE ORDINANCE NO. 1676-1-99; EXHIBIT B II ILO EXHIBIT A M��ER M 50.00 1 V@fldbO � 'DRIVE w' 0..63' 5 77'J747" E 10.01 / HLot 7R u WNibo Addition Vol. K, Pg. g6 PRCCT / Ih POINT OF BEGINNING r/ x no J. 79' _/ j y Lot SR Wlllbo Addition Vol. K. Pg. 96 PRCCT W N 11 J9'42" E=5' 1D• Nide TrnPorary cc N �Jb51y" A, / Sanitary Suer Eaesnmt Aley Abandoned By O �l DNFcurm yann Ho. A16176-1-99 eJ8-1-B9 ai 03 W W ry m Lot B, Block h m" Original Donation 1i Vol. 6, 522 $ a = PRCCT 1 `od 8 Lot 2, Block 10 Original Donation �& Vol. PRCCT 152 N1111yo Praprikm. Inc. aedC. ills No. 08-01]5182 Alpha Self Storage Addition Vol. J, Pg. 370 PRCCT S Sparr Surveys Style ,• . Zn' P.O. Bot 1270 Date o, -2e-1999 eM n, M.Too SVM. Sulo G Ila. 72 ]]01]-127U 972/J90 -9Y]0 Jog N.: 15946D sas€T 1 OF 2 ORDINANCE NO. 1676-1-99; EXHIBIT B O W cn O N W 02342 BEING a tract of land situated In the Milan, Perrin Sormy, Abstract Na 703, City of Allen, Collin County, Texas, and being a portion of 20 and 25 foot wide alleys located In Block 10 of the Original Donation, an addition to the City of Allen, Texas, according to the plot thereof recorded in Volume 5, Page 152 of the Plot Records o1 Cash County, Texas (PRCCT), both of mid alleys being abandoned by City of Allen Ordinance No. 1576-1-99, and being more porticulady, described as follows: BEGINNING at o point in the east line of Butler Grim (60 foot right—of—way), said point being 5 119942' W, 3.79 het from a 1/2—inch bon rod found at the southwest comer of Lot 71? of the Wlllbo Addition, an addition to the City of Allen, Texas, according to the plat thereof recorded in Volume K, Page 96 PRCCT, and the northwest comer of Tract A as described in said alley abandonment; THENCE S 7710221' E, departing the east line of sold Butler Drive, 56.85 feet; THENCE N 1575104' E 120.18 feet to a point M the south line of McDermott Orme (variable width right—of—way); THENCE 5 77J747' E. along the south lure of said McOennoft Grimm 10.01 feet to a point from which the northwest corns of lot 5R of said 10bo Addition bean, 5 779747' E, 0.63 feet THENCE 5 1515'04' W. departing the south line of said McDermott Drive, 130.29 feet; THENCE N 77102'21' W, 66.23 feet to a point In the east line of sold Butler Drive; THENCE N 1199'42' E, along the east line of sold Butler Grim, 10.00 Poet to the POINT of BEGINNING and containing 1.868 square feet of land. NO. 3701 Sparr Surveys e.o. see tna em E lbin e4wt Arch a Dad m-ee-1900 xlM.�a9���lam 1 s9a6o ORDINANCE NO. 1676-1-99; EXHIBIT B