O-2230-10-035542 000079 22003- 02222023
ORDINANCE NO. 2230-10-03
' - AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING PUBLIC RIGHT-OF-WAY DESCRIBED IN
EXHIBIT "A"; 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 AGAINST DAMAGES ARISING
OUT OF THE ABANDONMENT; AND PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Council of the City of Allen, acting pursuant to law and upon the request of the First
Christian Church of Allen, the abutting owner, 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 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 the First Christian Church of
Allen, the abutting owner, the right-of-way located in the tract of land described 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
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 3. The City Secretary is authorized and directed to prepare a certified copy of this ordinance
and furnish the same to the First Christian Church of Allen, 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 the First Christian Church of Allen, of all the right, title or interest of the City of Allen in and to
said street right-of-way easement on the property 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 immediately from and after its passage as the law and
charter in such cases provide.
1
5542 000080
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 287 DAY OF OCTOBER 2003.
APPROVED:
Stephen T rell, MAYOR
AP _ R11� ATTEST:
Peter G. Smith, CITY ATTORNEY Shelley B. George, C, CITY SECRETARY
Ordinance No. 2230-10-03, Page 2
5542 000081
EXHIBIT "A"
EOctober 14, 2003 034052
DESCRIPTION
RIGHT OF WAY GRANT TO
FIRST CHRISTIAN CHURCH OF ALLEN
A 337 SQUARE FOOT TRACT OF LAND OUT OF THE JAMES L. REED SURVEY, ABSTRACT
NO. 758, COLLIN COUNTY, TEXAS, BEING OUT OF THE EXISTING RIGHT OF WAY FOR
MAIN STREET AND ALLEN DRIVE ACCORDING TO THE MAP OF THE OLD DONATION FOR
THE CITY OF ALLEN, BEING ADJACENT TO THE J.M. WHISENANT ADDITION, AN
ADDITION TO THE CITY OF ALLEN, TEXAS AS RECORDED IN VOLUME 1, PAGE 52 OF THE
DEED RECORDS OF COLLIN COUNTY, TEXAS, (DRCCT), AND BEING ADJACENT TO LOT
1, BLOCK 28 OF THE OLD DONATION, CITY OF ALLEN, TEXAS, AS SHOWN ON THE
ATTACHED EXHIBIT 'A, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS:
COMMENCING FOR REFERENCE at a half inch iron rod with cap set for the intersection of the
north line of Main Street (50 fool Right of Way) with the east line of Anna Drive (50 foot Right of
Way);
THENCE North 89'03'36' East, with the south line of Said Whisenant Addition, being the north
line of the Right of Way for Main Street, a distance of 283.90 feet to a point being the southeast
comer of said Whisenant Addition, and being on the west line of the Right of Way for Allen Drive;
' THENCE North 00°56'24' West, with the east line of the Whisenant Addition, being the west line
of the Right of Way for Allen Drive, a distance of 13.77 feet to the POINT OF BEGINNING;
THENCE North 00'58'24' West, continue with said common line, a distance of 27.03 feet to a
point being at the intersection of the west line of the Right of Way for Allen Drive with the north
line of the Right of Way for Main Street;
THENCE South 79'14'37' East, with the south line of said Lot 1, being the north line of the Right
of Way for Main Street, a distance of 21.19 feet to a point,
THENCE South 10°4523' West, departing said common line and crossing the Right of Way for
Main Street and Allen Drive, a distance of 7.17 feet;
THENCE South 49°54'30' West, a distance of 24.89 feet to the POINT OF BEGINNING, and
containing 337 square feet or 0.0077 acres of land.
thin F. Wider, RPLS 4285
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Ordinance No. 2230-10-03, Page 3
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5542 000082
EXHIBIT "A"
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Ordinance No. 2230-10-03, Page 4