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ORDINANCE NO. 26134-07
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS ABANDONING TWO WALL MAINTENANCE EASEMENTS
DESCRIBED AND DEPICTED 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 of Allen, acting pursuant to law and upon the request of DR Horton Texas, Ltd., the
owner of the property, hereinafter referred to as Grantee, deems it advisable to abandon and quitclaim the
hereinafter described tracts of land to Grantee, and is of the opinion and finds that said tracts are 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 DR Horton Texas, Ltd.., the
owner, the two wall maintenance easements located in the tracts of land described in Exhibit "A" attached
hereto and made a part hereof for all purposes, the same as if fully copied herein.
SECTION 2. Said wall maintenance easements are abandoned, vacated and closed as to the right, title and
interest of the public to such easements. That the City of Allen does not abandon any other interest other
than those described in Exhibit "A," but does hereby abandon all of its right, title and interest in and to those
certain tracts of land described in Exhibit "A," 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 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 Grantee, of all the right,
title or interest of the City of Allen in and to said wall maintenance easements 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
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 areas described in Exhibit "A" 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.
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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.
DULY PASSER AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TE
jj THIS THE 10TH DAY OF APRIL, 2007.
O. A4�.
` APP VED:
Stipheh Terrell, MAYOR
APPROVEiA ASWOM'ORM ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley Georg , ITY SECRETARY
Ordinance No. 2613-4-07, Page 2
EXHIBIT "A"
3' WALL MAINTENANCE EASEMENT
BEING a tract of land located in the D.B. HEARNE SURVEY, ABSTRACT NO. 427,
City of Allen, Collin County, Texas and being a part of Lot 1, Block A of MORGAN
CROSSING PHASE ONE, an Addition to the City of Allen according to the Plat
thereof recorded in Document Number 20061027010004680, Map Records, Collin
County, Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found at
the most Northerly Northeast comer of said Lot 1;
THENCE South 45 degrees 12 minutes 09 seconds East, along the East line of said Lot
1 and the West right-of-way line of Merrimac Drive, a variable width right-of-way, a
distance of 14.09 feet to a point for comer;
THENCE South, continuing along said East line and said West right-of-way line, a
distance of 4.23 feet to a point for corner,
THENCE North 45 degrees 12 minutes 09 seconds West, leaving said East line and
said West right-of-way line, a distance of 15.82 feet to a point for corner;
' THENCE South 89 degrees 32 minutes 05 seconds West, a distance of 113.75 feet to a
point for corner in the West line of said Lot l;
THENCE North 00 degrees 27 minutes 55 seconds West, along said West line, a
distance of 3.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
found at the Northwest corner of said Lot 1;
THENCE North 89 degrees 32 minutes 05 seconds East, leavingmid West line and
along the North line of said Lot 1, a distance of 115.00 feet to the POINT OF .
BEGINNING and containing 388 square feet or 0.009 acres of land, more or less.
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Ordinance No. 2613-4-07, Page 3
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' EXH£BTT "A"
3' WALL MAINTENANCE EASEMENT
BEING a tract of land located in the D.B. HEARNE SURVEY, ABSTRACT NO. 427,
City of Allen, Collin County, Texas and being a part of Lots 1-7, Block F of MORGAN
CROSSING PHASE ONE, an Addition to the City of Allen according to the Plat
thereof recorded in Document Number 20061027010004680, Map Records, Collin
County, Texas and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found at
the most Northerly Northeast comer of said Lot 7;
THENCE South 40 degrees 37 minutes 23 seconds East, along the East line of said Lot
7 and the West right-of-way line of Bluestone Lane, a variable width right-of-way, a
distance of 15.07 feet to 1/2 inch iron rod with a yellow plastic cap stamped "DAA"
found for comer;
THENCE South 00 degrees 24 minutes 17 seconds East, continuing along said
common line, a distance of 55.00 feet to a point for comer;
THENCE South 89 degrees 35 minutes 43 seconds West, leaving said common line, a
' distance of 3.00 feet to a point for comer,
THENCE North 00 degrees 24 minutes 17 seconds West, a distance of 53.90 feet to a
point for comer;
THENCE North 40 degrees 37 minutes 23 seconds West, a distance of 12.88 feet to a
point for corner at the beginning of a non -tangent curve to the left having a central
angle of 09 degrees 50 minutes 26 seconds, a radius of 837.00 feet and a chord bearing
and distance of North 85 degrees 29 minutes 04 seconds Weal; 14158 feet;
THENCE Westerly, along said curve to the left, an arc distance of 143.75 feet to a
point for comer,
THENCE South 89 degrees 35 minutes 43 seconds West, a distance of 353.03 feet to a
point for comer;
THENCE South 44 degrees 47 minutes 51 seconds West, a distance of 11.72 feet to a
point for comer,
THENCE South, a distance of 53.76 feet to a point for comer,
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1 and the East right-of-way line of Merrimac Drive, a 50 foot wide right-of-way;
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Ordinance No. 2613-4-07, Page 5
' THENCE North, along said West line and said East right-of-way line, a distance of
55.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for
corner;
THENCE North 44 degrees 47 minutes 51 seconds East, continuing along said West
line and said East right-of-way line, a distance of 14.19 feet to a 1/2 inch iron rod with a
yellow plastic cap stamped "DAA" found for comer at the Northwest comer of said Lot
1 and the Southwest comer of Lot IX, Block F of said Addition;
THENCE North 89 degrees 35 minutes 43 seconds East, along the South line of said
Lot 1X, a distance of 354.27 feet to a point for comer at the beginning of a curve to the
right having a central angle of 09 degrees 54 minutes 53 seconds, a radius of 840.00
feet and a chord bearing and distance of South 85 degrees 26 minutes 50 seconds East,
145.18 feet;
THENCE Easterly, continuing along said South line and along said curve to the right,
an we distance of 145.36 feet to the POINT OF BEGINNING and containing 1,902
square feet or 0.044 acres of land, more or less.
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Ordinance No. 2613-4-07, Page 6
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