O-1298-11-94f
ORDINANCE NO. 1298-11-94
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ABANDONING A UTILITY EASEMENT AS RECORDED IN
VOLUME 1744, PAGE 832 OF THE DEED RECORDS OF COLLIN COUNTY,
LOCATED ON A TRACT OF LAND SITUATED IN THE RUFUS SEWELL SURVEY,
ABSTRACT NO. 875, AND FURTHER BEING A PART OF ENTERPRISES
ADDITION II, AN ADDITION TO THE CITY OF ALLEN FILED IN CABINET G,
SHEET 457 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING
FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the City of Allen no longer requires the described utility easement; and,
WHEREAS, the abandonment of the utility easement is requested by the landowner, InteCom Incorporated;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS THAT:
SECTION 1: The utility easement to the City of Allen, filed in Volume 1744, Page 832 of the Deed
Records of Collin County, Texas, as shown in Exhibit "A", is hereby forever abandoned.
SECTION 2: All ordinances of the City of Allen in conflict with the provisions of this ordinance
shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances
not in conflict herewith shall remain in full force and effect.
SECTION 3: This Ordinance shall become effective immediately upon its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 3RD DAY OFNOVEMBER , 1994.
p• F
AQl9YlkD.0L4 FORM:
oder, CITY ATTORNEY
APPROVED:
J e Farmer, MAYOR
ATTEST:
dy M rison, CMC, CITY SECRETARY
i
EXHIBIT "A„ ORDINANCE NO. 1298-11-94
THE STATE OF TEXAS ' KNOW ALL ME
COUNTY OF COLLIN N BY THESE PRESENTS.
THAT InteCom, Inc.
of Collin County, Texas , in consideration of the' sum of
Ten and no/100s dollars ($10.00) and other good and valuable consideration
In hand paid by the City of Allen receipt of which is hereby acknowledged, do by
these presents grant, bargain, sell and convey unto to the City of Allen , the free
and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following
described property,
owned by Grantor Situated in Collin County, Texas, in the
Rufus Sewell Survey, Abstract No. 8 7 5.
DESCRIPTION
BEING 2 (two) tracts of land lying and being situated in the RUFUS SEWEtt SURVEY.
ABSTRACT NO. 875, in the City of Allen, Collin County, Texas, and being more particu-
larly described as follows:
TRACT I
BEGINNING at a point in the Easterly line of Enterprise Boulevard (60' R.0 W.)
said point being S 11.30'00" W. 1429.82 feet, as measured along said Easterly line
from the Northeast corner of Enterprises Addition No. 1, recorded in Cabinet 228,
Page 11278 of the Hap Records of Collin County, Texas; a point for corner;
THENCE S 78.30'00" E, 9.41 feet to a point for corner;
THENCE S 08:00'45' W, 129,48 feet to a point for corner;
THENCE S 49'45111" E, 171.16 feet to a point for corner;
THENCE S 40.14'49' W, 10.00 feet to a point for corner;
THENCE N 49.45111" W. 176.68 feet to a point for corner;
THENCE N 08.00'45" E. 125.59 feet to a point in the Eastgrly line of Enterprise
Boulevard, a point for corner;
THENCE N 11.30'00' E. along the Easterly line of Enterprise Boulevard 10.00 feet
to the POINT OF BEGINNING and containing 0.070 Acre (3,062 square feet) Of land, more
or less.
TRACT
I COMENCING at the intersection of the South line of Intecom Drive (50' R.O.W.) with !
the West
line
S 11.30'00" W. alongethedWest'line of)Enterpriseo
t corn
THENCEBoulevatd 1374.00 feet !
to a point for corner;
THENCE N 78.30100" W, 10.00 feet to the POINT OF BEGINNING, a point for corner; I
THENCE S 11.30'00' W. 10.00 feet to a point for corner;
THENCE N 78.30'00' W, 144.00 feet to a point for corner;
THENCE N 11.30'00" E. 10.00 feet to a point for corner.
THENCE S 78.30100" E. 144.00 feet to the POINT OF BEGINNING and containing 0.033
Acre (1,440 square feet) of land, more or less.
i
And it is further agreed that the said Grantor
in consideration of the benefits above set out, will remove from the property above described, such fences,
I'
buildings and other obstructions as may now be found upon said property. ! ,
For the purpose of constructing any and all public utilities
in, along, upon and
across said premises, with the right and privilege at all times of the
grantee herein, his or its agents; �
employees, workmen and representatives having ingress, egress, mnd regress in, along upon and across
said premises for the purpose of making additions to, improvements on and repairs to the said public ; 1
utili -ies or
,c
uny pari thereof. , I
TO HAVE AND TO HOLD unto the said City of Allen as aforesaid for
the purposes aforesaid the premises above described. I'
I,
Witness my hand , this the 30th day of September 1'
D�-8 ;
Robert L. St wart
Sr. Vice-president, Operations
IV .e
ORDINANCE NO. 1298-11-94
SINGLE ACKNOWLEDGMENTTHE STATE OF TEXAS
COUNTY OF.... _,�./�u.lj�il. z } BEFORE ME, the undersigned authority,
In and for said County, Texas, on this day personally appeared. U r.r,_pr_EGi dent
o£ ... Opera tI ons._fnr_.SnteCom..... Inr-. __-,_
known to me'Fp,kq,th' pt4;tson
...... _Whose name ..... is.—..subscribed to the foregoing instrument, and acknowledged to me
that ...... •h6 ,��( eted, the same for the purposes and consideration therein expressed.
UNbi i11LY HAND AND SEAL OF OFFICE, This..._30t day of__September A.D.
�rl$ )'
...........
Notary Public,Cd_
�L..r-Count..y, Texas
ITY Commission Expires -
SINGLE ACKNOWLEDGMENT
THE STATE OF TEXAS, 1
COUNTY OF__.._._._.__..._ r BEFORE ME, the undersigned authority,
in and for said County, Texas, on this day personally appeared
..own to me to be the person.... --whose name ..... _...... _.. subscribed to the foregoing instrument, and. acknowledged to me
that ........he....... executed the same for the purposes and consideration therein expressed.
GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.._....____.,.day cf , A.D. 19.....
(L.S.)
Notary Public, .—__
TIp Commission Expires
County, Texas
WI:+E'S SEPARATE ACICI [OWLEDGMENT
THE- STATE OF TEXAS,
COUNTY OF �EFORE DIE. the undersigned authority,
In "nd for said County, Texas, on this dny Personally appeared.............
...................................................................................................
........................................................................I................., wife of ......
.................................................. ........... :............ .................
known to me to bo 1110 person whose name is subscribed to tho foregoink instrument, and haul..g been examined by mo privily
"nd "part from her husband, and having the same fully explained to her, she, the said ..............
acknowledged such instrument to be her act and deed, and
she <irriared that she hail willingly signed the same for the pu1•poses and consideration therein expressed, and that she did
not wish to retrnct it,
GIVEN U,_.NDLR MY HAND AND SEAL Or OFFICE,This ............................duy of..................................... A.D. 19............
:•cl,.s.� �
................................................................................,..............................
i�'y .1.,CM Ti; Y'WnNJ-!d'.N??y'yTl,",", rPIYY.k Notary Public, ..
5'•'_', , o ..County, Texas
nt
` r - LIt+" ^r+,!�ac;.,,•, .! My Commission Expires
CLERK'S CERTIFICATE
COUNTYOF ....... :�..... I................................................................................................ County
Clerl - of th�an�uiltyE Cq rt; of,,"said Count do herebycertify that the foregoing Instrument of writingdated on the
....................................................... A. D. 19.........., with Its -Certificate of Authentication, was filed for
reegra;'in my office on t
.}.._r.........`day of .................................................. A. D. 10.........., at .............. o'clock ..............M., and dui
'recorded this.. =`^°�.....a xof....-,c.:I.� `sem . y
yl; ..... ... ....................................................A. D, 19........, at ................ o'clock ................M., in the
::.:..:.....:...............:............. ........... :..........................................Records of said County, in Volume...................., on pages.......................
WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office In .....................................
......................................................................................... the day and year last above written.
FILED FOR RE OR DAY A.D. 1983, at
RECORDED-,29aDAY
"
iH inty, Texas.
OF'
A.D.'1983.
HELEN STAR ES, CUNTY
C ECOLLIN
COUNTY, TEXAS.
�•� Deputy.
BY:
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DEPUTY.
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Return To:
CITY SECRETARY
City of Allen
One Butler Circle
Allen, Texas 75002
ANY INVA ION NEREIN WN= RWMCTS THE SALE. REWAL.OR USE OFTM
DESCRIUD AM PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND
UNE LE UNDER FEDERAL LAW COLUN)
(M STATE OF TEXAS) (CDUffrY OF
1 mrsbp cw* NW MN Minims R wn FILED IA IN Fk Number SwuIRCS
on BN daft and Oft Oma swresd Mrew by To; Yid was duty RECORDED.
ah BM OfReYI Po1Ne Raoo* of RW p"" of Coo Coo". Tana on
N 0 V 10 1994
COUNTY CLERK COI.M COUNTY. TM +
Filed for Record in:
COLLIN COUNTY TX
HONORABLE HEUN STARNES
On 1994/11/10
At 11:55A
Number: 94- 010065E
Type : OR 15.00
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
Ordinance #1298 -11 -
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
Nov. 9, 1994 & Nov. 12, 1994
and which was issued on
November 9. 1994
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said p ca ' n is attached hereto.
SUBSCRIBED AND SW to before me this
da A.D. 19
V. A. TODD
'+ •' MY COMMISSION EXPIRES
December 5, 1996 OTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee 3 2 7. 0 0
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
cCouncil adopted the following ordinance at
their regular meeting held on Thursday,
[November 3, 1994 (Title only):
Ordinance No. 1298-11-94: An Ordinance
of the City of Allen, Collin County, Texas,
Abandoning a Utility Easement as Re-
corded in Volume 1774, Page 832 of the
Deed Records of Collin County, Located
—On a Tract of Land Situated in the Rufus
Sewell Survey, Abstract No. 875, and
Further Being a Part of Enterprises Addi-
tion II, an Addition to the City of Allen Filed
,in Cabinet G, Sheet 457 of the Deed Re-
cords of Collin County, Texas; Providing
for a Severability Clause; and Providing for
an Effective Date.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, 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
ih)eir regular meeting held on Thursday,
November 3,-1994 (Title only): IV
Ordinance No. 1298-11-94: An Ordinance
of the City of Allen, Collin County, Texas,
Abandoning a Utility Easement as R�-
corded in Volume 1774, Page 832 of the
Deed Records of Collin County, Located
on a Tract of Land Situated in the Rufus,j,
Sewell Survey, Abstract No. 875, and
Further Being a Part of Enterprises Addi-
tion ll, an Addition to the City of Allen Filed
in Cabinet G, Sheet 457 of the Deed Re-
cords of Collin County, Texas; Providing
for a Severability Clause; and Providing for
an Effective Date. k
A copy of this ordinance may a read or
purchased in the office of the C ty Secret-
ary, City of Allen, One Butler C, cle, Texas
75002-2773
/s/ Judy Morrison
,City Secretary,
CITY OF ALLEN
October 6, 1994
Dale Clemments
Miller Commercial
5001 Spring Valley, Suite #1100W
Dallas, Texas 75244
RE: Easement Abandonment
InteCom
Dear Dale:
The location of the new easement that correctly depicts the true location of the
utility line has been recorded by Texas Utilities. Texas Utilities has also released
their rights to the two old easements in which no utility was located. The records
have been researched and only one of the old easement lines was declared as a City
of Allen easement. The City is requesting in writing InteCom's approval to
abandon the old utility easement dated September 30, 1983, recorded in Vol. 1744,
page 832 of the Official Public Records of Real Property of Collin County, Texas.
You will note below a signature block for their execution. Please forward this for
their review and signature and return the original to me and the City of Allen will
proceed to have the old easement(s) deleted from the record.
Sincerely,
George T onner, P. E.
Director of Public Works
ACKNOWLEDGED AND CCEPTED thi b Today of 1994.
By:
Name: . Walch
Title: 4�lph
hief Financial Officer
Company: InteCom
ONE BUTLER CIRCLE ALLEN, TEXAS 75002-2773
214/727-0100
ffr��
CITY OF ALLEN
TO: JON MCCARTY, CITY MANAGER
F�
FROM: GEORGE CONNER, DIRECTOR OF PUBLIC WORKS
SUBJECT: ABANDONMENT OF A CITY UTILITY EASEMENT
DATE: OCTOBER 26, 1994
BACKGROUND
6 ZL
The City retains a 10 foot wide utility easement located on Enterprises Addition II,
platted by InteCom Incorporated. The utility easement was obtained by the City
on September 30, 1983 and filed in Volume 1744, Page 832 of Collin County
Records. Miller Commercial, representing InteCom Incorporated, is requesting the
abandonment of this easement by City Ordinance. Attached is a letter with
InteCom's approval of the abandonment dated October 6, 1994.
ANALYSIS
The utility easement is no longer required by the City and has been cleared of all
existing utilities.
FISCAL IMPACT
None
RECOMMENDATION
Staff recommends the ordinance be passed abandoning the utility easement and that
staff be instructed to file the abandonments at the office of the Collin County
Clerk.
ONE BUTLER CIRCLE ALLEN, TEXAS 75002
214/727-0100