O-2916-6-10ORDINANCE NO. 2916-6-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING WATER LINE, FIRE LANE, ACCESS, AND
UTILITY EASEMENTS DESCRIBED IN SECTION ONE; PROVIDING FOR THE
FURNISHING OF A CERTIFIED COPY OF THIS ORDINANCE FOR RECORDING
IN THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS, AS A
QUITCLAIM DEED; AUTHORIZING THE CITY MANAGER TO EXECUTE ANY
DOCUMENTS NECESSARY TO COMPLETE ABANDONMENT; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, having found that the herein described water line, fire lane, access, and utility easements are no
longer needed for public use, and the abandonment of said water line, fire lane, access, and utility easements
is an obligation of the terms of the Conveyance Agreement with Allentowne Mall, LLC, approved on August
11, 2009, the City Council of the City of Allen, Texas, finds it to be in the public interest to abandon and
quitclaim the hereinafter described water line, fire lane, access, and utility easements, subject to the
reservations and conditions of this document.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. Except as described in Section 2 below, the City of Allen, of behalf of the public, hereby
abandons and quitclaims all of the City's right, title and interest in the water line, fire lane, access, and utility
' easements, along with any improvements located thereon or therein, as identified in Exhibit "A" attached
hereto (collectively the "Easements"), in favor of the current record owners of the underlying fee simple
interest in the real properly described in Final Plat of Allen Retail Center, filed April 26, 1983, recorded
April 27, 1983, Instrument Number 19830427000182100, Deed Records, Collin County, Texas.
SECTION 2. The City of Allen, by this Ordinance, does not abandon the 30 -foot utility easement or right-
of-way parcel "6R" abutting the west side of US Highway 75 as identified in Exhibit "A."
SECTION 3. The City of Allen by this Ordinance, does not abandon, and expressly reserves unto itself,
any other interest other than that described in the Easements, including, but not limited to, any other interest
in the real property described in the Easements that may have been given, granted, sold, conveyed, or
dedicated by or to the City of Allen by instrument other than the Easements.
SECTION 4. The City Secretary is authorized and directed to prepare a certified copy of this Ordinance
upon final passage and to file such copy in the Official Public Records of Collin County, Texas, and, upon
receipt of the recorded instrument from the Collin County Clerk to provide a certified copy to the record
owners of the underlying fee simple of the property described in the Easements.
SECTION 5. The City Manager is hereby authorized to sign, on behalf of the City, any other documents as
may be reasonable and necessary to complete the abandonment and quitclaim of the Easements.
SECTION 5. This ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE a DAY OF JUNE, 2010.
APPROVED:
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Stephenyferrell, MAYOR
APPROVED AS TO FORM: ATTEST:
Peter G. Smith, LEITY ATTORNEY Shelley B. Geo C, CITY SECRETAST
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Ordinance No. 2916-6-10, Page 2
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Exhibit "A"
Ordinance No. 2916-6-10, Page 3