O-2512-4-06JII 1I11II IIIIIIIIIIIIIIIIIIII 11111 1I 111111 11 02 49 08 Pn20060517000667490 05 OR t I6
ORDINANCE NO. 2512-4-06
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST OF A
PORTION OF MALONE ROAD, 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
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 rights-of-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 D.R. Horton -Texas, Ltd.,
the abutting property owner, the street right-of-way being a portion of Malone Road, 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 property 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 famish 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 D.R. Horton -Texas, Ltd, 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 PAS ��11'A'PPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, , t4 TPTHE 11- DAY OF APRJI , 2006.
rQJ
APPROVED:
Istenphentrerrell,MAYOR
APPROVED AS TO FORM: ATTEST:
;0
Peter G. Smith, CITY ATTORNEY Shelley B. George, C, CITY SECRETARY
Ordinance No. 2512-4-06, Page 2
Exhibit "A"
' LEGAL DESCRIPTION
BEING a tract of land located in the D.E. HEARNE SURVEY, ABSTRACT NO. 427, Collin County,
Texas and being a part of a tract of land described as a 0.6832 acre tract in Deed to The City of Allen Texas,
recorded in Volume 4244, Page 3622, Deed Records, Collin County, Texas and being more particularly
described as follows:
COMN[ENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found in the East line of
said 0.6832 acre tract at the most Westerly Northwest corner of a tract of land described as Tract 2 in Deed to
D.R. Hortan-Texas LTD., recorded in Document Number 2005-0167969, Deed Records, Collin County,
Texas;
THENCE South 00 degrees 00 minutes 09 seconds West, along the common line of said 0.6832 acre tract
and said Tract 2, a distance of 45.00 feet to the POINT OF BEGINNING of the tract herein described;
THENCE South, continuing along said common line, a distance of 61.65 feet to the Southeast comer of said
0.6832 acre tract;
THENCE West, leaving said common line, a distance of 30.00 feet to the Southwest comer of said 0.6832
acre tract;
THENCE North, along the West line of said 0.6832 acre tract, a distance of 61.44 feet to a point for corner,
' THENCE North 89 degrees 35 minutes 43 seconds East, leaving said West line, a distance of 30.00 feet to
the POINT OF BEGINNING and containing 1,846 square feet or 0.042 acres of land, more or less.
1
Ordinance No. 2512-4-06, Page 3
MALONE ROAD RIGHT-OF-WAY
ACROSS THE 38.5451 ACRE TRACT
0.7217 ACRES
BEING a tract of land out of the D.B. HEARNE SURVEY, Abstract No. 427 in the
City of Allen, Collin County, Texas and being a part of the 191.789 acre tract of
land described in deed to Dawnell Shelley, recorded in Volume 3841, Page 480
of the Land Records of Collin County, Texas and being more particularly de-
scribed as follows:
BEGINNING at a 112" iron rod found in Malone Road for the southwest comer of
the beforementioned 191.789 acre tract and the northwest comer of EASY
ACRES, an addition to the County of Collin, Texas according to the plat thereof
recorded in Volume 6, Page 87 of the Map Records of Collin County, Texas;
THENCE with the west line of the said 191.769 acre tract and along Malone
Road, North 00' 00'09' East, a distance of 1,047.95 feet to a point for corner;
THENCE leaving the west line of the said 191.789 acre tract, the following
courses and distances to wit
South 90' 00' 00" East, a distance of 30.00 feet to a point for corner,
South 00' 00'00" West, a distance of 1,047.73 feet to a point for the cor.
ner in the north line of EASY ACRES;
THENCE with the north line of said EASY ACRES, South 89' 35' 43" West, a
distance of 30.00 feet to the POINT OF BEGINNING and containing 0.7217
acres of land.
Bearing System based on the monuments found along the west line of the
191.789 acre tract of land, recorded in Volume 3841, Page 480 of the Land Rec-
ords of Collin County, Texas.
Ordinance No. 2512-06, Page 4
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I7AY 7118 Y IiS3:3Y
Ordinance No. 2512-4-06, Page 5