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ORDINANCE NO. 2719-3-08
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING STREET RIGHT-OF-WAY KNOWN AS
COTTONWOOD CIRCLE 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 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 of Allen, acting pursuant to law and upon the request of Creekview Plaza, 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 Grantees, 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 COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. The City of Allen hereby abandons and quitclaims in favor of Creekview Plaza, 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, and the City reserves unto itself the right at any time to lay, construct, and
maintain water, storm and sanitary sewer lines and appurtenances in and upon the real property described in
said Exhibits "A" and "B"..
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 surface are concerned. 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 tracts 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 prepare a certified copy of this Ordinance and
furnish the same to Grantee, 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, 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 of the
street right-of-way 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 our of, or be accessioned 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 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 any judgment or judgments that may be rendered against the City of Allen in connection
therewith.
SECTION 5. This Ordinance shall take effect immediately from and after its passage as the law and the
Charter of the City of Allen provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 25TH DAY OF MARCH, 2008.
APPROVED:
Stephen 7errell, MAYOR
APPROVED AS TO FORM: ATTEST:
a If
j P r . Smi - 4ZLU-
CtrY/ATTOkNEY Sh Iley B. Geo IC, CITY CRETARY
Ordinance No. 2719-3-08, Page 2
EXHIBIT "A"
' LEGAL DESCRIPTION
COTTONWOOD CIRCLE AS DEDICATED
ON COTTONWOOD BUSINESS PARK
VOLUME E, PAGE 137
63,201 SQ. Fr. OR 1.45 ACRES
Being a 1.45 acre tract of land situated in the David Wetsel Survey, Abstract No. 977, and the G.W. Ford
Survey, Abstract No. 328, City of Allen, Collin County, Texas, and being a dedicated 60.00 foot right-of-
way, and portion of Cottonwood Business Park, an Addition to the City of Allen, Collin County, Texas,
according to the plat thereof recorded in Volume E, Page 137, of the Plat Records of Collin County, Texas,
and being more particularly described as follows:
BEGINNING at a point for comer, said point being the most southerly end of a comer clip at the southern
intersection of the southwest right-of-way line of said Cottonwood Circle, and the southeast right-of-way line
of Jupiter Road (a 90' right-of-way), said point being on the northwest line of said Cottonwood Business
Park;
THENCE North 30 deg. 00 min. 00 sec. East, along the common line of said Cottonwood Business Park, and
the southeast right-of-way line of said Jupiter Road, and crossing the intersection of said Jupiter Road and
said Cottonwood Circle, a distance of 100.00 feet to a point for comer, said point being the most northerly
end of a comer clip at the northern intersection of the northeast right-of-way line of said Cottonwood Circle,
and the southeast right-of-way line of said Jupiter Road;
THENCE through the interior of said Cottonwood Business Park, and along the dedicated right-of-way line
of Cottonwood Circle as follows:
South 15 deg. 00 min 00 we. East, along said corner clip, a distance of 28.28 feet to a point for corner;
South 60 deg. 00 min. 00 sec. East, a distance of 246.46 feet to a point for comer, said point being the
beginning of a curve to the right having a radius of 180.00 feet, and a delta angle of 51 deg. 37 min. 00 sec.;
Along said curve to the right, an arc distance of 162.16 fmt, and a chord bearing and distance of South 34
deg. 11 min. 30 sec. East, 156.73 feet to a point for comer;
South 08 deg. 23 min. 00 sec. East, a distance of 95.17 feet to a point for comer, said point being the
beginning of a curve to the right having a radius of 180.00 feet, and a delta angle of 97 deg. 12 min. 10 sec.;
Along said curve to the right, an we distance of 305.37 feet, and a chord bearing and distance of South 40
deg. 13 min. 05 sec. West, 270.05 feet to a point for comer;
South 88 deg. 49 min. 10 sec. West, a distance of 149.23 feet to a point for corner, said point being the
beginning of a curve to the right (cul-de-sac) having a radius of 60.00 feet, and a delta angle of 240 deg. 00
min. 00 sec.;
Along said curve to the right, an me distance of 251.33 feet, and a chord bearing and distance of North 28
deg. 49 min. 10 sec. East, 103.92 feet to a point for comer, said point being the beginning of a curve to the
left having a radius of 60.00 feet, and a delta angle of 60 deg. 00 min. 00 sec.;
Along said curve to the left, an arc distance of 62.83 feet, and a chord bearing and distance of South 61 deg.
10 min. 50 sea East, 60.00 feet to a point for comer;
North 88 deg. 49 min. 10 sec. East, a distance of 45.31 feet to a point for comer, said point being the
beginning of a curve to the left having a radius of 120.00 feet, and a delta angle of 97 deg. 12 min. 10 sec.;
Along said curve to the left, an arc distance of 203.58 feet, and a chord bearing and distance of North 40 deg.
' 13 min. 05 sec. East, 180.03 feet to a point for comer;
North 08 deg. 23 min. 00 sec. West, a distance of 95.17 feet to a point for comer, said point being the
beginning of a curve to the left having a radius of 120.00 feet, and a delta angle of 51 deg. 37 min. 00 sec.;
Ordinance No. 2719-3-08, Page 3
Along said curve to the left, an arc distance of 108.11 feet, and a chord bearing and distance of North 34 deg.
' I1 min. 30 sec. West, 104.49 feet to a point for comer;
North 60 deg. 00 min. 00 sec. West, a distance of 246.46 feet to a point for comer, said point being the most
northerly comer of the aforesaid comer clip at the southern intersection of the southwest right-of-way line of
said Cottonwood Circle, and the southeast right-of-way line of said Jupiter Road;
South 75 deg. 00 min. 00 sec. West, along said comer clip, a distance of 28.28 feet to the POINT OF
BEGINNING and containing 63,201 square feet or 1.45 acres of computed land.
I
Ordinance No. 2719-3-08, Page 4
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EXHIBIT "B"
COTTONWOOD CIRCLE COTICNII000 943NEW
AS DEDICATED ON VOL. 0. "c 211
COTTONWOOD BUSINESS PARK
VOL E, PG. 137 / !
63,201 SO. FT. OR 1.45 "»WWONWOOD BUSINESS PARK
ACRES VOL. E, PG. 137
11.21 ACRES/
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GRAPEYWE. TEAS 78051
517-181-1805 (0)
517 -b1 -19W (F)
Ordinance No. 2719-3-08, Page 5
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