O-2703-2-08(I2(� 803Ji4COC251i1�0��ii���03!6�)I!Q� 09 2710 AM OR 113
ORDINANCE NO. 2703-2-08
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING STREET RIGHT-OF-WAY KNOWN AS MAIN
STREET AS DESCRIBED IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B,"
ATTACHED HERETO; RESERVING ALL EXISTING EASEMENT RIGHTS OF
OTHERS, IF ANY, WHETHER APPARENT OR NON -APPARENT, AERIAL,
SURFACE, UNDERGROUND OR OTHERWISE; 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 INDEMNH+ICATION 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 of Allen, acting pursuant to law and upon the request of KBLC Investment, L.P., the
abutting owner, hereinafter referred to as "Grantee," deems it advisable to abandon and quitclaim the
hereinafter described street right-of-way to Grantee, and is of the opinion and finds that said street right-of-
way is not needed for public use and should be abandoned and quitclaimed to Grantee, subject to the
' reservations and conditions of this document.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
THAT:
SECTION 1. The City of Allen hereby abandons and quitclaims in favor of KBLC htvestment L.P., the
abutting property owner, the right-of-way located in the tract of land described in Exhibit "A" and depicted in
Exhibit "B," attached hereto and made a part hereof for all purposes, the same as if fully copied herein,
subject to all existing easement rights of others, if any, whether apparent or non -apparent, aerial, surface,
underground or otherwise.
SECTION 2. Said street right-of-way easement is abandoned, vacated and closed as to the right, title and
interest of the public to such easement. That the City of Allen does not abandon any other interest other than
that described in Exhibits "A" and "B," but does hereby abandon all of its right, title and interest in and to
that certain tract of land described in Exhibits "A" and `B," 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. The City Secretary is authorized and directed to preparea certified copy of this document
and furnish the same to Grantee, and the recording of this Ordinance in the real property records of Collin
County, Texas, shall serve as the quitclaim deed of the City of Allen, Texas, to the Grantees, of all the right,
title or interest of the City of Allen in and to said right-of-way described in Exhibits "A" and "B," 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
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 area described in Exhibits "A" and "B," 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 or
judgments that may be rendered against the City of Allen in connection therewith.
SECTION 5. This Ordinance shall take effect in accordance with the provisions of the Charter of the City of
Allen, and it is accordingly so ordained.
1
I
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 26TH DAY OF FEBRUARY, 2008.
APPROVED: ,[�_,�/^//�/
F
Stephen Terrell, MAYOR
APPROVED AS TO FORM ATTEST:
Peter G. Smith, C ATTORN tY She eyrD B. Georg CC SE RETARY
Ordinance No. 2703-2-08, Page 2
I
Exhibit "A"
LEGAL DESCRIPTION
BEING A TWELVE FOOT (12') WIDE STRIP OF LAND SITUATED IN THE J.A. TAYLOR SURVEY,
ABSTRACT NUMBER 908, IN THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING THAT
SAME STRIP OF LAND DEDICATED FOR STREET RIGHT-OF-WAY PURPOSES AS SHWON ON
AMENDED PLAT OF LOT 2, BLOCK B, EXXON ALLEN HEIGHTS ADDITION, AN ADDITION TO
THE CITY OF ALLEN, AS RECORDED IN VOLUME 2007, PAGE 275, PLAT RECORDS, COLLIN
COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS
FOLLOWS:
BEGINNING AT NORTHEAST CORNER OF LOT 1, BLOCK B, EXXON ALLEN HEIGHTS
ADDITION, AN ADDITION TO THE CITY OF ALLEN, AS RECORDED IN CABIMET K, PAGE 622,
PLAT RECORDS, COLLIN COUNTY, TEXAS;
THENCE, NORTH 89° 19'00" EAST, 300.04 FEET;
THENCE, SOUTH 00° 11' 00" WEST, 12.00 FEET:
THENCE, SOUTH 89° 19'00" WEST, 300.04 FEET;
THENCE, NORTH 00° ll' 00" EAST, 12.00 FEET TO THE PLACE OF BEGINNING AND
CONTAINING 3,600.48 SQUARE FEET OR 0.0827 ACRES OF LAND.
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$24 00 SHOPP
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Ordinance No. 2703-2-08, Page 3
Item # 6
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