O-2502-3-0600604110048144/lii/20 6 03 0223 " OR Ua
ORDINANCE NO. 2502-3-06
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST OF A
PORTION OF BETHANY DRIVE EAST, AND BEING MORE PARTICULARLY
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 Council of the City of Allen, Texas, acting pursuant to State law and upon request of the
abutting property owner, hereinafter referred to as "Grantee," deems it advisable to abandon and quitclaim the
hereinafter described rigbtsof-way to Grantee, and is of the opinion and finds that said 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 Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
' SECTION 1. The City of Allen, Texas, hereby abandons and quitclaims in favor of Hibachi, hie., the abutting
properly owner of the street right-of-way being a portion of Bethany Drive East, and being further 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 properly described in
said Exhibits "A" and "B."
SECTION 2. Said street right-of-way surface is abandoned, vacated and closed insofar as 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 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 abandonment of the street right -of --way herein is subject to and conditioned on the
approval by the City of Allen of a plat of the real property abutting the street right-of-way abandoned herein,
which incorporates the street right-of-way abandoned hereby.
SECTION 4. Upon approval of a plat in compliance with Section 3 hereof and the satisfaction of each of
the conditions set forth in this Ordinance, the City Secretary is authorized and directed to prepare a certified
copy of this Ordinance and furnish the same to the 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 Hibachi Rock, Inc., of all the right, title or interest of the City of Allen in and to the street right-of-
way described in Exhibits "A" and "B," subject to the limitations and reservations of this Ordinance.
SECTION 5. 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 depicted in Exhibit `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, Texas, in connection
therewith.
SECTION 6. 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 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 28" DAY OF MARCH, 2006.
N,NU1grytr
APPROYE6AS i ,c
1 <
Peter G. Smith, dTY ATTORNEY
1
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. Geo , TRMC, CITY
� Y
Ordinance No. 2502-3-06, Page 2
Exhibit "A"
Metes and Bounds Description
' 8,277 Square Feet or 0.190 Acre of Right -of -Way
Prestige Circle and Bethany Drive East
SEFUATED in the State of Texas, County of Collin and City of Allen, being part of the William Perrin
Survey, Abstract No. 708, being part of the dedicated right-of-way of Prestige Circle and Bethany Drive East
as recorded in Volume N, Page 966 of the Collin County Map Records with said premises being more
particularly described as follows:
BEGINNING at a 5/8 -inch iron rod found in the curving northeast right-of-way line of Bethany Drive East
marking the southeast comer of Lot IA of Allen Business Centre Tract 1A, an addition to the City of Allen
as recorded in Volume N, Page 966 of the Collin County Map Records;
THENCE South 37°31'08" West, 15.14 feet to a Roome Capped '/2 -inch iron rod set marking the southeast
comer of said premises;
THENCE with the southwest line of said premises as follows: Northwesterly along a curve to the left having
a central angle of 15°49'21" with a radius of 474.00 feet, for an are distance of 130.90 feet (chord = North
46°21'50" West, 130.48 feet) to the beginning of a non -tangent curve to the left; Northwesterly along said
curve to the left having a central angle of I1°04'17" with a radius of 688.00 feet, for an arc distance of 132.94
feet (chord = North 58008'19" West, 132.74 feet) to a Roome capped Ya -inch iron rod set marking the end of
said curve; North 68029'22" West, 92.78 feet to a Roome capped '/,inch iron rod set marking the beginning
of a comer clip;
' THENCE with the west line of said premises, North 06038'34" West, 23.61 feet to a Roome capped 'h -inch
iron rod set marking the end of said comer c lip and the beginning of a non -tangent curve to the right;
THENCE northeasterly along said curve having a central angle of 24025'53" with a radius of 247.45 feet, for
an arc distance of 105.51 feet (chord = North 54055'57" East, 104.72 feet) to a Roome capped '/2 -inch iron
rod set marking the beginning of a curve to the left; Northeasterly along said curve having a central angle of
18038'23" with a radius of 332.61 feet, for an arc distance of 108.20 feet (chord = North 58050'40" East,
107.73 feet) to a Roome capped '/2 -inch iron rod found;
THENCE South 5902449" East, 4.17 feet to a 1/2 -inch iron rod found in the existing southeast right-of-way
line of Prestige Circle marking the northwest corner of said Lot IA and the southwest corner of Lot 2A of
said addition;
THENCE with the southeasterly right-of-way line of Prestige Circle, a northwesterly line of said premises,
and the northwesterly line of Lot IA as follows: Southwesterly along said curve having a central angle of
20°51'38" with a radius of 305.00 feet, for an arc distance of 111.05 feet (chord = South 56°57'59" West,
110.43 feet) to a 5/8 -inch iron rod found marking the beginning of a curve to the left; Southwesterly along
said curve having a central angle of 20°53'01" with a radius of 235.00 feet, for an arc distance of 85.66 feet
(chord = South 56057'27" West, 85.18 feet) to a %-inch iron rod found marking the beginning of a comer
clip;
THENCE along said corner clip, the west line of said premises and the west line of Lot IA, South 12020'00"
East, 14.80 feet to the end of said corner clip in the northeast rightof-way, line of Bethany Drive East and a
' southwest comer of lot IA;
THENCE with the northeasterly right-of-way line of Bethany Drive East, the southwesterly line of said
premises and the southwesterly line of Lot IA as follows: South 68012'24" East, 136.47 feet; South 47046'53"
East, 100.00 feet to a Y inch iron rod found marking the beginning of a curve to the right; Southeasterly
Ordinance No. 2502-3-06, Page 3
along said curve having a central angle of I1004'53" with a radius of 602.49 feet, for an arc distance of
116.52 feet (chord= South 46028'27" East, 116.34 feet) to the point of beginning and containing 8,277 square
' feet or 0.190 acre of land.
1
Ordinance No. 2502-3-06, Page 4
Metes and Bounds Description
320 Square Feet or 0.007 Acre of Right -of -Way
' Prestige Circle
SITUATED in the State of Texas, County of Collin and City of Allen, being part of the William Perrin
Survey, Abstract No. 708, being part of the dedicated right-of-way of Prestige Circle as recorded in Volume
N, Page 966 of the Collin County Map Records with said premises being more particularly described as
follows:
BEGINNING at a Roome capped 1/2 -inch iron rod set in the curving southeast right-of-way line of Prestige
Circle and the curving northwest line of Lot 2A of Allen Business Centre -Tract Al, an addition to the City of
Allen as recorded in Volume N, Page 966 of the Collin County Map Records and marking the northeast
comer of the herein described premises;
THENCE southwesterly along the curving southeast right-of-way line of Prestige Circle and the curving
northwest line of said Lot 2A, a curve to the right having a central angle of 26018'29" with a radius of 265.85
feet, for an arc distance of 122.07 feet (chord = South 35005'06" West, 121.00 feet) to a 1/2 -inch iron rod
found marking the southwest corner of Lot 2A and the northwest comer of Lot IA of aid addition;
THENCE with the most southerly line of said premises, North 5902449" West, 4.17 feet to a Roome capped
1/2 -inch iron rod set marking the southwest comer of the herein described premises;
THENCE northeasterly along a curve to the left having a central angle of 23000'40" with a radius of 305.00
feet, for an aro distance of 122.49 feet (chord = North 37000'23" East, 121.67 feet) to the place of beginning
and containing 320 square feet or 0.007 acre of land.
Ordinance No. 2502-3-06, Page 5
1
EXHIBIT "B"
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Ordinance No. 2502-3-06, Page 7