O-2259-2-04J J J
ORDINANCE NO. 2259-2-04
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING ALL RIGHT, TITLE AND INTEREST IN tr7
TATUM DRIVE (OLD ALMA ROAD) WITHIN TRACT 7 OF ABSTRACT NO. 1017
AND BEING MORE PARTICULARLY ILLUSTRATED IN EXHIBIT "A" C3
ATTACHED HERETO; PROVIDING FOR THE FURNISHING OF A CERTIFIED CD
COPY OF THIS ORDINANCE FOR RECORDING IN THE REAL PROPERTY
RECORDS OF COLLIN COUNTY, TEXAS, AS A QUITCLAIM DEED; PROVIDING 4rl-
FOR THE INDEMNIFICATION OF THE CITY OF ALLEN, TEXAS, AGAINST tT
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, acting pursuant to law and upon the request of the
abutting property owner, hereinafter referred to as Grantee, deems it advisable to abandon and quitclaim the
hereinafter illustrated 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 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 hereby abandons and quitclaims in favor of Emerson Farm Company, Ltd.,
the abutting property owner, the right-of-way beginning at the southern right-of-way line of Alma Drive as
illustrated in Exhibit "A" attached hereto and made a part hereof for all purposes, the same as if fully copied
herein.
SECTION 2. Said street right-of-way is abandoned, vacated and closed as to the right, title and interest of
the public to such right-of-way. That the City of Allen does not abandon any other interest other than that
illustrated in Exhibit "A," but does hereby abandon all of its right, title and interest in and to that certain tract
of land illustrated 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 ordinance
and famish the same to the abutting property owner, 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 Emerson Farm Company, Ltd. of all the right, title or interest of the City of Allen in and to said street
right-of-way easement on the property illustrated 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 indemnity, 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 illustrated 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.
5610 01147
SECTION 5. This Ordinance shall take effect immediately from and after its passage as the law and
charter in such cases provide.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE IOra DAY OF FEBRUARY 2004.
AP�PRO/OVEE'jD��S��e�
Stephen Terrell, MAYOR
APPROVED AS TWOM: M: ATTEST:
1�N,it*�..•.
0
S2' _ T ate' �_-,
Shelley B. George, TRMC, CITY SECRETARY
Ordinance No. 2259-2-04. Page2
1
Plti
1
EXHIBIT "A" 5610 0r'49
TATUM DRIVE (OLD ALMA ROAD)
VCDERMDii DR
BETHANY DRIVE
WC7 14
i
Ordinance No. 2259-2-04 Page 3
ill