O-1254-5-94ORDINANCE NO.
1254-5-94
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN
EASEMENT FOR A WATER PIPELINE TO THE NORTH TEXAS MUNICIPAL
WATER DISTRICT, IN ACCORDANCE WITH THE EASEMENT DOCUMENTS
ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES;
FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS
ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS THAT:
SECTION 1: That the City Manager be and is hereby authorized to execute an easement for a water
transmission line to the North Texas Municipal Water District, in accordance with the easement document
attached hereto and made a part of this ordinance for all purposes.
SECTION 2: That it is hereby officially found and determined that the meeting at which this ordinance
is passed is open to the public as required by law and that public notice of the time, place, and purpose of
said meeting was given as required.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 19TH DAY OF MAY , 1994.
APPROVED'A4 TO '1011M:
APPROVED:
Me Fanner, MAYOR
ATTEST:
A. Don Crowder, CITY ATTORNEY Ju Mo , CMC, CITY SECRETARY
EASEMENT FOR WATER PIPELINE
STATE OF TEXAS 9
9 KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN 5
THAT the CITY OF ALLEN (hereinafter called "Grantor")
for and in consideration of the sum of TEN AND N0/100 DOLLARS
($10.00) to it cash in hand paid, have granted, sold and conveyed,
and by these presents does grant, sell, and convey unto the
NORTH TEXAS MUNICIPAL WATER DISTRICT (hereinafter called
"Grantee") an easement in, over, across and through those certain
premises owned by Grantor to construct, operate, reconstruct,
perpetually maintain and remove a pipeline for the transportation
of water, with all incidental equipment and appurtenances, on,
over, under and through the following described lands situated
in Collin County, Texas, to -wit:
BEING a strip of land for a water line easement eleven
(11) feet in width. Being over, under and across
a tract of land situated in the J. T. Roberts Survey,
Abstract No. 777 and the Henry Wetsel Survey, Abstract
1026, Collin County, Texas.. Being in the Right -of -
Way of Exchange Parkway from State Highway 5 to County
Road 2164 (Malone Drive) in the City of Allen, Collin
County, Texas.
SEE ATTACHED EXHIBIT "A" FOR CENTERLINE DESCRIPTION.
along with a temporary construction easement described in the
attached Exhibit "A" for the purpose of excavation, construction,
and laying of said pipeline. The said temporary Construction
Easement granted herein and described in the attached Exhibit
will terminate and cease upon completion of the installation
and testing of said pipeline.
The Grantees herein, their
have, and it is hereby granted
over the subservient estate for
the easement herein granted.
easement for water transmission
nances.
successors and assigns, shall
the right of ingress and egress
the limited purpose of accessing
The Grantees shall utilize the
pipeline and necessary appurte-
The said Grantor herein, its successors and assigns,
expressly reserves the right to fully use and enjoy the premises
covered by the above described easement, including the right
to install, operate and maintain public utilities or roadways
within or across the easement area; and, further, to authorize
public utility companies or developers extending public utilities
similar rights, provided such use of the easement area by Grantor,
its successors or assigns, shall be compatible with the use
of the easement by the Grantee. Grantor, its successors or
Page 1
EASEMENT FOR WATER PIPELINE
assigns, shall not erect buildings or permanent structures over
( the said easement without the consent of the Grantee. The said
Grantee further covenant and agree to pay for any damage that
may be done to crops or fences by constructing and maintaining
such pipeline and appurtenances. In addition to the consideration
above recited for the use of said easement, the Grantee will
restore to a condition as good or better said property including
fences, driveways, drainage channels, and other improvements
damaged through the use of said easement.
TO HAVE AND TO HOLD unto the said North Texas Municipal
Water District their successors and assigns, the above described
easement, and the City of Allen does hereby bind itself and
its administrators to warrant and forever defend all and singular
the said premises to the North Texas Municipal Water District
their successors and assigns, against every person whomsoever
lawfully claiming or to claim th'e same or any part"thereof herein.
WITNESS MY HAND this the 23rd day of May
ACKNOWLEDG]
THE STATE OF TEXAS 5
COUNTY OF COLLIN 5
MITSMy
CITY OF ALLEN, TEXAS
BEFORE ME, the undersigned authority, on this day personally
appeared Jon McCarty known to me to be the
person and officer whose name is subscribed to the foregoing
instrument, and acknowledged to me that the same was the act
of the said CITY OF ALLEN, a municipal corporation, and that
he executed the same as the act of such corporation for the
purposes and consideration therein expressed, and in the capacity
therein stated.
GIVEN under my hand and seal of office, this 23rd day
of May 1994.
NOTARY PUBLIC IN AN FOR
EWWNR.MOMI,LION THE STATE OF TEXAS
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- Page 2 -
PLANO-MCKINNEY PIPELINE
TRACT NO., E-301
DATE: APRIL 14, 1994
NORTH TEXAS MUNICIPAL WATER DISTRICT
WATER LINE EASEMENT
FIELD NOTE DESCRIPTION
CITY OF ALLEN
BEING a strip of land for a water line easement eleven (11)
feet in width. Being over, under and across a tract of land
situated in the J. T. Roberts Survey, Abstract 777 and the Henry
wetsel Survey, Abstract 1026, Collin County, Texas. Being in the
Right -of -Way of Exchange Parkway from State Highway 5 to County
Road 264 (Malone Drive) in the City of Allen, Collin County, Texas.
Said eleven (11) foot easement being five and one-half (5.5) feet
right and left of the following described centerline:
COMMENCING at the intersection of the South Right -of -Way line
of Exchange Parkway and the East Right-of-way line of State Highway
5;
THENCE North 230 28' 45" East 48.62 feet along the West Right -
of -Way line of Exchange Parkway, also along the East Right -of -Way
line of State Highway 5 to the POINT OF BEGINNING;
THENCE the following course and distance North 890 42' 38"
East 1186.62 feet, North 89° 47' 15" East 1444.40 feet, North 890
46' 35" East -1901.16 feet, North 890 23' 15" East 1207.36 feet and
North 89° 23' 00" East 1567.22 feet being at all times five and
one-half (5.5) feet South of and parallel with the North Right-of-
way line of Exchange Parkway (501 R.O.W.), also being at all times
forty-four and one-half (44.5) feet North of and parallel with the
South Right -of -Way line of Exchange Parkway to a point of
termination in the centerline of County Road 264 (Malone Drive),
also in the West line of a called 50.265 acre tract (Volume 2662,
Page 001) and containing, more or less, 1.845 acre of land.
Also a temporary construction easement parallel -with and adjacent
to the north line of the above described permanent easement,
extending north to the north right-of-way line of Exchange
Parkway.
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NORTH TEXAS MUNICIPAL WATER DISTRICT
PLANO — McKINNEY PIPELINE
LOOKING WEST ON EXCHANGE PARKWAY
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POINT OF COMMENCING
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EASEMENT DETAIL
CALLED 96.9132 ACRES
WESTERN FEDERAL SAVINGS
AND LOAN ASSOCIATION
VOL. 3787, PAGE 164
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CALLED 1.0 ES
EUGENE HOLMES
VOL. 1623, PAGE 951
I
ELEVEN (11) FOOT WIDE EASEMENT
EXCHANGE PARKWAY (50' R.Q.W.)
CITY OF ALLEN
COLLIN COUNTY, TEXAS
L.,
PLAT 1 OF 3
NORTH ,TEXAS MUNICIPAL WATER DISTRICT
WATER LINE EASEMENT PLAT PLANO - MCEINNEY PIPELINE
CITY OF ALLEN APRIL 14, 1994 TRACT NUMBER 901
ff:
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SCALE 1" I = 300'
CALLED 96.9132 ACRES
5.5'� I WESTERN FEDERAL SAVINGS
AND LOAN ASSOCIATION Z11
I I VOL. 3787, PAGE 164
ESMT. I ED 1.0 ACRES
I HOLMES
[V:E:UG:ENE
623, PAGE 951 Z' -
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ELEVEN (11) FT. MADE ^� H
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EASEMENT DETAIL 11�
M CALLED 20.0 ACRES
B. M. GRANTLANO
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CALLED 0.5 ACRES
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to FLOYD E. BEDELL, JR.
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VOL. 3105, PAGE 564
W I CALLED 1.0 ACRES
DAVID R. WOR THAM
IVOL. 3787 PAGE 164
I CALLED 376.462 ACRES
EDWARD A. PETERSON, TRUSTEE
VOL. 2665, PAGE 68
ELEVEN (11) FOOT WIDE EASEMENT
EXCHANGE PARKWAY (50' R.O.W.)
CITY OF ALLEN
COLLIN COUNTY, TEXAS
PLAT 2 OF 3
NORTH TEXAS MUNICIPAL WATER DISTRICT
WATER. LINE EASEMENT PLAT PLANO - MCKINNEY PIPELINE
--FCITY OF ALLEN APRIL 14, 1904 TRACT NUMBER 301
CALLED 1.0 ACRES
DAVID R. WORTHAM
VOL. 3787, PAGE 164
J
ELEVEN (11) FT. WIDE
WATER LINE EASEMENT
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SCALE 1" =300'
LINE DIRECTION DISTANCE
L1
N89'46'35"E
87.52'
L2
N89 -2315'E
1207.36
L3
N89-23 00 E
1567.22
EASEMENT DETAIL
-� CALLED 376.462 ACRES
EDWARD A. PETERSON, TRUSTEE
VOL. 2665, PAGE 68
ELEVEN (11) FOOT WIDE EASEMENT
EXCHANGE PARKWAY (50' R.O.W.)
CITY OF ALLEN
COLLIN COUNTY, 'TEXAS
COUNTY ROAD 264 (MALONE DRIVE)
CALLED 50.265 ACRES
JOHN COLE. TRUSTEE
VOL. 2662, PAGE 001
PLAT 3 OF 3
NORTH ,TEXAS MUNICIPAL PATER DISTRICT
WATER LINE EASEMENT PLAT PLANO — McE NNEY PIPELINE
CITY OF ALLEN APRIL 13, 1994 TRACT NUMBER 301
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally
appeared DEBBIE TACKETT, who having been by me duly sworn, on oath
deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a
newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once
a week, having a general circulation in said county, and having been published
regularly and continously for more than twelve (12) months prior to publishing
XW@Fwar.raTa-=/jk��e 111111111
of which the attached is a true and written copy, and which was published in THE
ALLENAMERICANon Wed. May 25 & Sunday May 29, 1994
and which was issued on May 25, 1994
by City of Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is_aqached hereto.
SUBSCRIBED AND SWORN to before me this f day of��A.D 19gf/
V. A. TODD
MY COMMISSION EXPIRES
December 5,1996
Publisher's fee $ 2 2 . 5 0
Via.
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
May 19, 1994 (Title only):
Ordinance No. 1254-5-94: An Ordinance
of the City of Allen, Collin County, Texas,
Authorizing the City Manager to Execute
an Easement for a Water Pipeline to the
North Texas Municipal -Water District, in
Accordance with the Easement Docu-
ments Attached Hereto and Made a Part
Hereof for all Purposes; Finding and Deter-
mining that the Meeting at which this Ordi-
nance is Passed is Open to the Public as
Required by Law.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, Texas 75002-2773.
/s/'Judy Morrison
_City Secretary
CITY OF ALLEN;
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
May 19, 1994 (Title only):
Ordinance No. 1254-5-94: An Ordinance
of the City of Allen, Collin County, Texas,
Authorizing the City Manager to Execute
an Easement for a Water Pipeline to the
North Texas Municipal Water District, in
Accordance with the Easement Docu-
ments Attached Hereto and Made a Part
Hereof for all Purposes; Finding and Deter-
rruning that the Meeting at which this Ordi-
nance is Passed is Open to the Public as
Required by Law.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, Texas 75002-2773.
/s/ Judy Morrison
City Secretary