O-2379-3-05ORDINANCE NO. 2379-345
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN
COUNTY ROAD 150 BETWEEN STATE HIGHWAY 121 AND STACY ROAD AND
BEING MORE PARTICULARLY DESCRIBED IN EXHIBIT "A" ATTACHED
HERETO; PROVIDING THE EFFECTIVE DATE OF SUCH ABANDONMENT WILL
OCCUR AT THE TIME WAITERS ROAD IS COMPLETED AND ACCEPTED BY
THE CITY; 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 owners, hereinafter referred to as Grantees, deems it advisable to abandon and quitclaim the
hereinafter described rights-of-way to Grantees, and is of the opinion and finds that said rights-of-way are not
needed for public use and should be abandoned and quitclaimed to Grantees, 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 the abutting property
owners, Blue Star Allen Land L.P., Charles B. Bush at al Donna, Paul and Virginia Lehner, William E.
Campbell, Jr., and the Wines Family Irrevocable Trust, et al, the prescriptive street rightof-way known as
County Road 150 between State Highway 121 and Watters Road, and being further described in Exhibit "A"
attached hereto and made a part hereof for all purposes.
SECTION 2. The aforesaid street right-of-way is abandoned, vacated and closed insofar as to the right,
title and interest of the public to such surfaces are concerned and such abandonment is to take effect at the
time Watters Road is constructed between State Highway 121 and Stacy Road and said roadway is accepted
by the City of Allen. That the City of Allen, Texas, 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 the right-of-way
described in Exhibit "A," either in fee simple or by easement or otherwise, together with any and all
improvements thereon, 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 non-exclusive right
at any time to lay, construct, and maintain eleetrical, water, storm and sanitary sewer lines and appurtenances
in and underneath the real property described in Exhibit "A," without substantial interference of the surface
rights to said property.
SECTION 3. The City Secretary is authorized and directed upon the completion of Watters Road and the
acceptance by the City to prepare a certified copy of this ordinance and furnish the same to abutting property
owners, 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, of all the right, title or interest of the
City of Allen, Texas, in and to said street easement described in Exhibit "A," subject to the limitations and
reservations of this ordinance.
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SECTION 4. As a condition of this abandonment and as a part of the consideration for the quitclaim to
' Grantees herein, Grantees agree 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 Grantees hereby agree 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 5. The City Manager is authorized to execute any documents necessary to complete the
abandonment contemplated herein.
SECTION 6. This ordinance shall take effect following completion of construction of Watters Road and
acceptance thereof by the City and 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 SP DAY OF MARCH. 2005.
OF'ACtI r'r.
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APPRl�WSTO�
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Peter G. Smith, CrPY ATTORNEY
77
APPROVED:
Az:�o -e a,
Stephen errell, MAYOR
ATTEST:
Shelley
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Shelley B. Geo TRMC, CITY CRETARY
Ordinance No. 237 Page 2
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Ordinance No. 2379-3-05 Page 3
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CIN SECRETARY
City of Allen
One Allen Civic Plaza
Allen Texas 75013