O-2633-6-07IIIIIII071100II9SINIIIIiIINll7111l1200712 l LL 25 Pa OR 117
ORDINANCE NO. 2633-6-07
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS ABANDONING RIGHT-OF-WAY DESCRIBED IN EXHIBITS "A"
AND "C" AND DEPICTED IN EXHIBITS "B" AND "D" 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 of Allen, acting pursuant to law and upon the request of Wal-Mart Stores East, Inc.,
and Dr. Charles B. Key, owners of the adjacent properties, hereinafter referred to as Grantees, deems it
advisable to abandon and quitclaim the hereinafter described tract of land to Grantces, and is of the opinion
and finds that said tract is not needed for public use and should be abandoned and quitclaimed to Grantees,
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 Wal-Mart Stores East, hrc., and
Key Partnership No. 2 LTD, the adjacent property owners, the right-of-way located in the tracts of land
described in Exhibits "A" and "C" and depicted in Exhibits "B" and "D" attached hereto and made a part
hereof for all purposes, the same as if fully copied herein.
SECTION 2. Said right-of-way 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 "C", but does hereby abandon all of its right, title and interest in and to that certain tracts
of land described in Exhibits "A" and "C", 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 document and
furnish the same to the Grantees, 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 "C", 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 our
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 "C" 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 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.
I
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 26TH DAY OF JUNE, 2007.
APPROVED: ^T �x�J
Stephen Terrell, MAYOR
0406*3In
Shelley B. George, SECRE WRY
Ordinance No. 2633-6-07, Page 2
EXEMIT "A"
' METES & BOUNDS DESCRIPTION
Curtis Road Easement: Wal-Mart tract
Being a 121 I acre tract of land situated in the L.K. Pegues Survey, Abstract Number 702 and tin
John Fyke Survey, Abstract Number 325, Collin County, Texas, being a portion of the tract of
land described in the deed to Wal-Mart Stores East, Inc, recorded in Volume 4461, Page 1588,
Deed Records of Collin County, Texas, said 1.211 acre tract of land being mora particularly
described as follows:
COMMENCING at a point in the northerly right-of-way line of Exchange Parkway (variable
width right-of-way) and being the most southerly southwest corner of said Wal-Mart Stores East
Inc, tract for the beginning of a curve to the right having a radius of 1055.00 feet;
THENCE with the northerly rightof-way, line of Exchange Parkway Southeasterly along said
curve through a central angle of 19047'28" an arc length of 364.42 feet with a chord bearing of
South 86°51'37" East and a chord distance of 362.61 feet to the POINT OF BEGINNING;
THENCE departing the northerly rightof-way line of Exchange Parkway North 00°17'00" West
a distance of 982.19 feet to a point on a northerly line of said Wal-Mart Stores East, Inc. tract;
THENCE with a northerly line of said tract, North 89058'00" East a distance of 25.00 feet to a
point being a re-entmct comer of said Wal-Mart Stores East, Inc. tract;
' THENCE with a westerly line of said Wal-Mart Stores East, Inc. tract, North 00°17'00" West a
distance of 132.00 feet to a point being a re-entraet corner of said Wal-Mart Stores East, Inc.
tract:
[1
THENCE with a northerly line of said Wal-Mart Stores East, Inc. tract, North 86°33'00" East a
distance of 25.04 feet to a point;
THENCE South 00°17'00" East at a distance of 107.5 feet passing the beginning of a wire fence.
continuing generally along the line of a wire fence at a distance of 628.5 feet passing the end of a
wire fence in all a total distance of 1,128.60 feet to a point in the northerly right-of-way line of
Exchange Parkway in a non -tangent curve to the left, the radius point of said curve being situatex
South 15°50'35" West a distance of 1,055.00 feet from said point;
THENCE with the northerly right of way line of Exchange Parkway, Northwesterly along said
curve through a central angle of 2°48'28" an arc distance of 51.70 fcet with a chord bearing of
North 75°33'39" West and a chord distance of 51.70 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 1.211 acres (52,740 square feet) of land.
Note: Bearings cited herein are referenced to the westerly line of the tract of land
described in the Deed recorded in Volume 4461, Page 1588, Deed Records of Collin
County, Texas.
Ordinance No. 2633-6-07, Page 3
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EXHIBIT "B"
Ordinance No. 2633-6-07, Page 4
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EXHIBIT "C"
' METES & BOUNDS DESCRIPTION
Curtis Road Easement: The Key Partnership tract
Being a 0.190 acre tract of land situated in the L.K. Pegues Survey, Abstract Number 702 and t
John Fyke Survey, Abstract Number 325, Collin County, Texas, being a portion of the tract of
land described in the deed to The Key Partnership No.2, LTD., recorded in Document ID #93-
0105764, Deed Records of Collin County, Texas, said 0.190 acre tract of land being more
particularly described as follows:
COMMENCING at a point in the westerly right-of-way line of U.S. Highway 75 (variable wid'
right-of-way) being the most easterly southeast corner of said The Key Partnership No. 2, LTD
tract of land;
THENCE with the southerly line of said The Key Partnership No. 2, LTD. tract South 86033'01
West a distance of 1186.91 feet to the POINT OF BEGINNING;
THENCE continuing with the said southerly line South 86°33'00" West a distance of 25.04 fee
to a re-entrant comer of said The Key Partnership No. 2, LTD. tract;
t THENCE with the easterly line of said tract South 00°17'00" East a distance of 132.00 feet to t
re-entrant comer of said Key Partnership No.2 LTD. Tract;
THENCE with the southerly line of said tract South 89058'00" West a distance of 25.00 feet to
point;
THENCE departing said southerly line North 000 1 T00" West at a distance of 184.0 feet passir
a point in a wire fence, continuing generally along the line of a wire fence in all a total distance
230.66 feet to a point for corner;
THENCE North 86033'00" East a distance of 50.08 feet to a point;
THENCE South 00°17'00" East a distance of 100.15 feet to the POINT OF BEGINNING;
CONTAINING a computed area of 0.190 acres (8,289 square feet) of land.
Note: Bearings cited herein are referenced to the westerly line of the tract of land
' described in the Deed recorded in Volume 4461, Page 1588, Deed Records of Collin
County, Texas.
Ordinance No. 2633-6-07, Page 5
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EXBIBTT `D^
Ordinance No. 2633-6-07, Page 6