O-2950-9-10ORDINANCE NO. 2950-9-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN
BELMONT DRIVE (EAST OF ASH DRIVE) AND THE ALLEY (BETWEEN
BELMONT DRIVE AND MCDERMOTT DRIVE) 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 Grantees, deems it advisable to abandon and quitclaim
the hereinafter described rights-of-way to Grantees, 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 Grantees, subject to the reservations
and conditions of this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THIN 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 the abutting property
owners, the First Baptist Church of Allen (the "Grantee"), the street right-of-way of Belmont Drive (east of
Ash Drive) and the alley right-of-way (between Belmont Drive and McDermott Drive) and being further
depicted in Exhibit "A" attached hereto and made a part hereof for all purposes.
SECTION 2. 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 all existing easement rights of others, if any,
whether apparent or non -apparent, aerial, surface, underground or otherwise, and the City reserves unto itself
and franchised utility companies the non-exclusive right at any time to lay, construct, and maintain
telecommunication, electrical, water, gas, and storm sewer lines and appurtenances in, above, over, and
underneath the real property described in Exhibit "A" for the benefit of the City and authorized franchised
utility companies.
SECTION 3. The City Secretary is authorized and directed to prepare a certified copy of this ordinance and
famish the same to abutting property owners, 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, of all
the right, title or interest of the City of Allen, Texas, in and to said street right-of-way 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
Grantees 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,
Texps, 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 orjudgments
that may be rendered against the City of Allen, Texas, in connection therewith. As a further condition of the
abandonment street and alley right-of-way herein the Grantee agrees to re -plat the Grantee's abutting property
to incorporate the street and alley right-of-way abandoned herein.
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 upon its adoption in accordance with the provisions of the
Charter of the City of Allen, and it is accordingly so ordained.
I
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY TI
WW ON THIS THE 28'ra DAY OF SEPTEMBER, 2010.
OV At
��.• F(, APPROVED:
U.
Stephiff Terrell, MAYOR
APPROV +e�5�'.('O �` ATTEST:
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Peter G. Smith, CITrATTORNEY Shelley B. George, SECRETAIW
Ordinance No. 2950-9-10, Page 2
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EXHIBTT"A"
Ordinance No. 2950-9-10, Page 3
MAW STREET (FM. N0. 2170)
60' RbOW
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LOT 1
flRST BAPTIST CHURCH AODIiION
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CABINET M, PACE 67
"127
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MCDERMOTT DRIVE
110' ROW
Ordinance No. 2950-9-10, Page 3