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20J60 1100048148 00/11 /20J6 03 02 23 PP OR 1l5
ORDINANCE NO. 2503-3-06
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING AN UTILITY 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 Michael Onofrio, the owner of
the abutting 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 Michael Onoftio., the abutting
' owner, the utility 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 20 Said utility easement is abandoned, vacated and closed as to the right, tide 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 30 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 utility 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.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 2e DAY OF MARCH, 2006.
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APPRYIVE FOIIM:=
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Peter G. SAftoGIWXTTORNEY
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APPROVED:
Stephen errell, MAYOR
ATTEST:
Shelley B. GeorgerRmc, CITY SECkETARY
Ordinance No. 2503-3-06, Page 2
Exhibit "A"
LEGAL DESCRIPTION
' Being a tract of land situated in the William Snider Survey, Abstract No. 821 in the City of Allen, Collin
County, Texas, being part of Lot 34, Block A, out of the Amending Plat of Round Rock Phase B, an addition
to the City of Allen, Collin County, Texas, as described in Volume N, Page 127, of the Plat Records of Collin
County, Texas and being more particularly described as follows:
COMMENCING at a 1/2" iron rod found at the northeast corner of said Lot 34, Block A, also being in the
west line of San Marcos Drive (60' R.O.W.);
THENCE, South 00000'01" East, along said west line of San Marcos Drive, for a distance of 5.00 feet to the
POINT OF BEGINNING:
THENCE, South 00000'01" East, continuing along said west line of San Marcos Drive, for a distance of
125.00 feet;
THENCE, South 89059'59" West, departing said west line of San Marcos Drive, for a distance of 15.00 feet;
THENCE, North 00000'01" West, for a distance of 125.00 feet;
THENCE, North 89 59'59" East, for a distance of 15.00 feet to the POINT OF BEGINNING and containing
1875 square feet of land.
Ordinance No. 2503-3-06, Page 3
Exhibit `B^
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Ordinance No. 2503-3-06, Page 4