O-2625-6-07Il20C-li7U20III8987i.IIIIIIIII07/0I f2OOII
eoe�woz000eeano o�roz rzow oe 37 ss an OR va
ORDINANCE NO. 2625-6.0
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING A SANITARY SEWER EASEMENT DESCRIBED
IN EXHIBIT "A" AND DEPICTED IN EXHIBIT "B," 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 Toll Tx. V, LP., the owner of
the property, hereinafter referred to as Grantee, deems it advisable to abandon and quitclaim the hereinafter
described tract of land to Grantee, and is of the opinion and finds that said tract 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 Toll Tx. V, LP., the owner, the
sanitary sewer easement 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.
SECTION 2. Said sanitary sewer 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 Exhibit "A," but does hereby abandon all of its right, title and interest in and to that certain
tract 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 sanitary sewer easement 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 area 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.
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.
EXHIBIT "A"
SANITARY SEWER EASEMENT
PARCEL SS -2
Being a sanitary sewer easement situated in the Francis Dosser Survey, Abstract No. 280, Collin
County, Texas, and in the City of Allen, Texas, and being a part of a tract of land conveyed to
Charles B.Bush by deed recorded in Volume 1598. Page 373, Deed Records of Collin County,
Texas (D.R.C.C.T.), and being more particularly described by metes and bounds as follows:
Beginning at a point in the west line of mid Charles B.Bush tract, said point being South no
degrees 42 minutes 07 seconds East 1.76 feet from a found 318 inch iron rod for the northwest
comer of said Charles B. Bush tract, said point being on the west line of a tract conveyed to
Wines Family Irrevocable Trust and Walter S. Henrion in Volume 2774, Page 373, and Volume
1474, Page 79, D.R.C.C.T.;
Thence South 86 degrees 09 minutes 17 seconds East 215.47 feet to a point;
Thence North 86 degrees 47 minutes 47 seconds East 199.61 fee to a point;
Thence North 89 degrees 22 minutes 31 seconds East 500.19 feet to a point;
Thence North 88 degrees 57 minutes 41 seconds East 454.48 feet to a point, said point being on
the east line of said Charles B. Bush tract, said point being South no degrees 52 minutes 03
seconds East 18A8 feet from a found 12 inch iron rod for the northeast comer of said Charles B.
' Bush tract, said point being on the west line of a tract conveyed to Continental Mortgage &
Equity, recorded in Volume 3983, Page 1084 (County Clerks File #97-0070020), D.R.C.C.T.;;
Thence South no degrees 52 minutes 03 seconds East, along said east line of Charles B. Bush
tract, 20.00 feet to a point;
Thence South 88 degrees 57 minutes 41 seconds West 454.49 feet to a point;
Thence South 89 degrees 22 minutes 31 seconds West 499.81 feet to a point;
Thence South 86 degrees 47 minutes 47 seconds West 200.39 feet to a point;
Thence North 86 degrees 09 minutes 17 seconds West 130.42 fact to a point;
Thence North 83 degrees 18 minutes 50 seconds West 85.13 feet to a point, said point being on
the said west line of Charles B.Bush tract;
Thence North no degrees 42 minutes 07 seconds West 15.83 feet to the Point of Beginning and
containing 0.625 acres (27,217 square feet) of land.
FIELD NOTES PREPARED BY:
I
Halff Associates; Inc.
4000 Fossil Crack Boulevard
Fort Worth, Texas 76137
Ordinance No. 26256-07, Page 3
I
EXEIIBTT MB^
j CONTINENTAL MORTGAGE \
S EDUITY
CC -97�013076
I SBB'09'11'E •)
j 215.47'
! N86Y7'47'E% C•B�I L' '\ ], LYIN, TTGAOEJ
A EQUITY
i 199F1' ' a n7-0013076
- RTGAGE A
i00'42'OTYi j._.- _ - CC MO97-000130]6 •\ •\
POINT OF %' N8500.1
BEGINNING y4.0q' 20' 500.19' OCAP
BOAT' 'I].2 N98.51_NE IM6.0.6 une {,7.V'
NO .7 922.I'll15%'!w018,48'
rE
SOW52-03-E
SB6'4T'! ! ! 20.00'
200.]9'91
190. TT W SANITARY i l i
SEWER EASEMENT
! i
N83Y8'50'W i
85.13'
$Niloss
i
FREVOCABLE as *a.
TRUST
WA�LTEfl As xENnloxi @OR'p®$a*� i i
CONTINENTAL
VOL. 1474, P6. Ts CHARLES B.BUSH ! ! MCMT�
a•0 .,Wlj VOL. 1598, PG. 373 i i CC zi-ooTioozo
WJsq,F i
i
WILLIAM E. I 11¢ 1
CAMPBELL, j
TRUSTEE
CC •9Y0005199
i 1 I I
ijflR__----- ._.._..___.._.._--_.._.._--_.._-._.._.-_.._..y 1
ai ! ! !
N _ VOL.AR2526, PG 153 1 ! 1
i ! i
I
I ! i
i
EXHIBIT 'A'
SANITARY SEWER EASEMENT
e Te tiE,.... lE
TRACT T ,p,.o\s TE,j; ...;
In
FRANCIS DOSSER SURVEY _j!.ERR?L..._.,_.., .
ABSTRACT NO.280
COLLIN COUNTY, TEXAS
In the UPa
CRY OF ALLEN
SANITARY SEWER EASEMENT 10
AV0, IN53 SCH4 I••SOV Mf AB6o Le
GATE, OCTOBER 2001 653CSSlrlllON PAR EL SS -2
Ordinance No. 26256-07, Page 4
I
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 12TH DAY OF JUNE, 2007.
,(�iiiil,lllry
4 f ( � •
Peter G. Smith: CITY ATTORNEY
APPROVED:
ATTEST:
Shelley George, C#Y SECRETARY
F�:etl antl R.cortletl
3 Lc
u1 Pcc I tc Records
Ulacey NemP
collet Oouct, TEXAS
07 022
08 37 55 AM
E28 00 BNOPP
20010702000898770
Ordinance No. 26256-07, Page 2