O-1349-8-95ORDINANCE NO. 1349-8-95
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
ABANDONING A PORTION OF A SANITARY SEWER EASEMENT LOCATED ON
A TRACK OF LAND SITUATED IN THE R.C. WHISENANT SURVEY, ABSTRACT
NO. 1012, AND FURTHER BEING A PART OF HERITAGE PARK PHASE III, AN
ADDITION TO THE CITY OF ALLEN, AS RECORDED IN CABINET H, PAGE 792
OF THE LAND RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR
EXHIBITS "A" AND "B", PROVIDING FOR A SEVERABILITY CLAUSE; AND
PROVIDING FOR AN EFFECTIVE DATE.
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WHEREAS, the Planning and Zoning Commission and the City Council of the City of Allen approved a
t la. for a reEide-n,+ial development for Heritage Park Phase III; and,
co:�cip� p.u�..o... _ _ _ _ g
WHEREAS, provision was made for realignment of a portion of the sanitary sewer; and,
WHEREAS, the final plat approved by the Planning and Zoning Commission reflected a portion of the
sanitary sewer easement to be abandoned in the future; and,
WHEREAS, the sanitary sewer has been satisfactorily rerouted in accordance with the City of Allen
engineering designs; and,
WHEREAS, the City Engineer, at the request of the Heritage Park developer, has recommended that the
portion of sanitary sewer easement to be abandoned; and,
WHEREAS, the City Council is in agreement with the City Engineer and has stated their intent to abandon
such portion of the sanitary sewer easement as described herein;
NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS THAT:
SECTION 1: The portion of the sanitary sewer easement described in Exhibits "A" and "B" is hereby
forever abandoned.
SECTION 2: Exhibits "A" and "B" are attached hereto and made a part hereof for all purposes and further
describe the portion of sanitary sewer easement to be abandoned.
SECTION 3: All ordinance of the City of Allen in conflict with the provision of this ordinance shall be,
and same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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 4: It appears the Heritage Park Phase III development requires abandonment of the portion of
sanitary sewer easement described herein in order to permit its proper development and, in order to protect
the public interest, comfort and general welfare of the City of Allen, creates an urgency and an emergency
for the preservation of the public health, safety and welfare, requires that this ordinance shall take effect
immediately from and after its passage and publication of the caption of said ordinance as the law in such
cases provides.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 17TH DAY OF AUGUST, 1995.
�A PftQj► D` �� FORM:
'A�.rowdl4, CITY ATTORNEY
APPROVED:
- '4�pei��
J e Farmer, MAYOR
ATTEST:
Ju"orrisU, CMC, CITY SECRETARY
1349
Ordinance No. -8-9' Page 2
ORDLNANCE NO. 1349-8-95
EXHIBIT "A"
SANITARY SEWER EASEMENT ABANDONMENT
FIELD NOTES
3843. sse
BEING a portion of a 20' Sanitary Sewer Easement (Volume 1234, Page 343) as being across
Lots 3-7, Block E of Heritage Park Phase III -3, an addition to the City of Allen, Collin County,
Texas, as recorded in Cabinet H, Page 792 of the Land Records of Collin County, Texas, and
being more particularly described as follows:
BEGINNING at a point on the West line of Heritage Parkway South (a 60' ROW), said point
being 31.59 feet along said West line of Heritage Parkway South from the Southeast comer of
Lot 7, Block E of said Heritage Park Phase III -3;
THENCE, N 28' 01' 10" W, a distance of 108.70 feet;
THENCE, N 21' 38' 20" E, a distance of 157.44 feet;
THENCE, along the said West line of Heritage Parkway South and around a non -tangent curve
to the Left having a central angle of 06' 25' 32", a radius of 617.20 feet, and a chord bearing
of S 04' 50' 06" W, an arc distance of 69.22 feet;
THENCE, S 21' 38' 20" W, a distance of 81.96 feet;
THENCE, S 28' 01' 10" E, a distance of 62.38 feet;
THENCE, S 00' 19' 55" W, along said West line of Heritage Parkway South, a distance of
42.12 feet to the PLACE OF BEGINNING and containing 4,060 square feet of land.
V
ORDINANCE NO. 1349-8-95
M,
A - 067532"
R 617.20'
7 34.64'
L 69.22'
CD ; 69.16'
CD BRG - SO450'06"W
20' Son(. Swr. Easement
• (Vol.1234, Pg.343)
Sanitary Sewer Easement Abandonment
TI TON ENGINEERING. INC. HERITAGE PARK PHASE III - S
J 6330 Belt Line Rood — Suite C
Garland, Texas 75043, Ph. No. 226-2967 R.C. WHISENANT SURVEY — ABST. N0. 1012
DRAWN CHECKED I DATE I SCALE Jos NO. CITY OF ALLEN, COLLIN COUNTY, TEXAS
08/95 f" = 100' 3843 EXHIBIT B
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HERITAGE PARK PHASE III - 3
1 (Cab. H, Pg.
792)
A - 067532"
R 617.20'
7 34.64'
L 69.22'
CD ; 69.16'
CD BRG - SO450'06"W
20' Son(. Swr. Easement
• (Vol.1234, Pg.343)
Sanitary Sewer Easement Abandonment
TI TON ENGINEERING. INC. HERITAGE PARK PHASE III - S
J 6330 Belt Line Rood — Suite C
Garland, Texas 75043, Ph. No. 226-2967 R.C. WHISENANT SURVEY — ABST. N0. 1012
DRAWN CHECKED I DATE I SCALE Jos NO. CITY OF ALLEN, COLLIN COUNTY, TEXAS
08/95 f" = 100' 3843 EXHIBIT B
Return To:
CITY SECRETAP
Clty of A116h
: One Butler Circle
f Allen, Texas 75013
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AUO 2z 1995
Filed for Record in:
COLLIN COUNTY TX
HONORABLE HELEN STARNES
On 1995/08/22
At 11:03A
Number: 95- 0060657
Type : OR 17.00
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 X61349-8-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
August 23 & August 26, 1995
and which was issued on
August 23,1995
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is attached hher`etoo..
04-�
SUBSCLRIBED AND WORN to before me this
//f day , A. D. 19�
�Z-
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 27 . 00
V. A TODD
e,
rdy COMMISSION EXPIRES
December 5, 1996
i
T 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,
August 17, 1995 (Title Only):
Orc(inance No. 1349-8-95:.An Ordinance
of the City of Allen, Collin County, Texas,
Abandoning a Portion of a Sanitary Sewer
Easement Located on a Track of Land Si-
tuated in the R.C. Whisenant Survey, Ab-.
strict No. 1012, and Further Being a Part
of Heritage Park Phase III, an Addition to
the City of Allen, as Recorded in Cabinet H,
Page 792 of the Land Records of Collin
County, Texas; Providing for Exhibits "A"
and "B," 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, Allen,
Texas 75013.
/s/ Judy Morisson
'City Secretary
CITY OF ALLE'—
PUBLICN01fICE
Notice is hereby giverithat the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
August 17, 19966 (Title Only):
Ordinance No. 1349-8-95: An Ordinance
Of the City of Allen, Collin County, Texas,
Abandoning a Portion of a Sanitary Sewer
Easement Located on a Track of Land Si-
tuated in the R.C. Whisenant Survey, Ab-
stract No. 1012, and Further Being a Part
of Heritage Park Phase III, an Addition to
the City of Allen, as Recorded in Cabinet H,
Page 792 of the Land Records of Collin
County, Texas; Providing for Exhibits "A"
and "B," 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, Alle ,
Texas 75013.
/s/ Judy Morisson
City Secretary _