O-2941-8-10ORDINANCE NO. 2941-8-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN
COUNTY ROAD 149 BETWEEN RIDGEVIEW DRIVE AND ABANDONED
COUNTY ROAD 150 (VOLUME 6075, PAGE 4231 IN THE REAL PROPERTY
RECORDS OF COLLIN COUNTY) 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 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 the abutting property
owners, Toll TX V, L.P. and the Wines Family Irrevocable Trust, et al, the prescriptive street right-of-way
known as County Road 149 between Ridgeview Drive and former County Road 150 (abandoned by ordinance
2379-03-05 and recorded in Volume 6075, Page 4231 in the Real Property Records of Collin County), and
being further described 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 themon, 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
undemeath 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
furnish 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, 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 area described in Exhibit "A" and Grantees hereby agree to defend any and all suits, claims, or
causes of action brought against the City on account of the same, and to discharge anyjudgment orjudgments
that may be rendered against the City of Allen, Texas, in connection therewith.
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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEW1 q THIS THE 24TM
DAY OF AUGUST, 2010.
v.' -'ti ••
APPROVED:
•�
Stehen Terrell, MAYOR
APPROv1r6. A
ATTEST:
' Peter G. Smith, CITT ATTORNEY Shelley B. Georg TY SECRETA
Ordinance No. 2941-8-10, Page 2
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Ordinance No. 2941-8-10 Page 3