O-1374-10-95ORDINANCE NO. 1374-10-95
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ABANDONING A PORTION OF
SANITARY SEWER EASEMENTS LOCATED ON A TRACT OF LAND
SITUATED IN THE JOHN DAVIS SURVEY, ABSTRACT NO. 255 AND
THE SIMON BURNS SURVEY, ABSTRACT NO. 92, AND FURTHER
BEING A PART OF SHADOW LAKES PHASE A AND B, ADDITIONS
TO THE CITY OF ALLEN, AS RECORDED IN CABINET I, PAGE 452,
AND CABINET H, PAGE 729 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 concept plan for a residential development for Shadow Lakes Phase A and B,
WHEREAS, provision was made for realignment of a portion of the sanitary sewer; 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 Shadow Lakes developer, has recommended
that the portion of the sanitary sewer easement 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 E The portion of the sanitary sewer easement described herein, and in Exhibits "A" and
"B" is hereby forever abandoned. On Exhibit "A", two easements recorded in Volume 1234, page
365; and Volume 1234 page 371. On Exhibit "B", three easements recorded in Volume 1234, page
368; Volume 1818, page 912; and Volume 2015, page 104.
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 easements to be abandoned.
SECTION 3: All ordinances 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shall be, and same are hereby, repealed; provided, however, that all other provisions of said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 Shadow Lakes Phase A and B developments requires abandonment of
the portion of the sanitary sewer easements 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 5 TH DAY OF OCTOBER, 1995.
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APP.I�O',�T QS+T&FORM
A. rowder, CITY ATTORNEY
APPROVED:
Joe Farmer, MAYOR
ATTEST:
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J dy Mo son, CMC, CITY SECRETARY
Ordinance No. 1374-10-95 Page 2
ORDI UUNTC1117 NO. 1374-10-95
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Return To:
CITY SECRETARY
City of Allen
One Butler Circle
Allen, Texas 75013
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ANY MMSION HEREIN WHICH RESTRICTS THE SALE. RENTAL, OR USE OF THE
DESCRIBED REAL ngr�?:RCY &caA.11SE OF COLOR CR NA(V IS INVALID AND
UNENFORCEABLC UiNPLIH FEDERAL LAW
(THE STALE OF tC'MC)OUNSY OF CQLLIN)
I bitaby arllty tha-t t)is Instrument viae FILED In the Fi� ;.:niter Sequence
on the date and the time stOVEd t010n by nia, and was duty RECORDED,
on the Official Public Records of Rear Property of Collin County, Tem on
0 C T 2 n 1995
Filed for Record ins;
COLLIN COUNTY TX
HONORABLE HELEN STARNES
On 1995/10/20
At 3:098
Number: OR
er- 0017103
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 # 1374-10-95
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
October 11 & October 14, 1995
and which was issued on
October 11, 1995
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publication is aattached hereto.
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SUBSCRIBED ANN to before me this
day , A.D. 19�
rf aL4al_
NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $ 2 7 . 5 0
V. A. TODD
W COMMISSION EXPIRES
%'• December 5, 1996
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,
October 5, 1995 (Title only):
Ordinance No. 1374-10-95: An Ordi-
nance of the City of Allen, Collin County,
Texas, Abandoning a Portion of Sanitary
Sewer Easements Located on a Tract of
Land Situated in the John Davis Survey,
Abstract No. 255 and the Simon Burns
Survey, Abstract No. 92, and Further Being
a Part of Shadow Lakes Phase "A" and
'B'; Providing for a 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 Sutler Circle, Allen,
Texas 75013.
/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,
October 5, 1995 (Title only):
Ordinance No. 1374-10-95: An Ordi-
nance of the City of Allen, Collin County,
Texas, Abandoning a Portion of Sanitary
Sewer Easements Located on a Tract of gg
Land Situated in the John Davis Survey,l
Abstract No. 255 and the Simon Burns
Survey, Abstract No. 92, and Further Being
a Part of Shadow Lakes Phase "A" and
"B"; Providing for a 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 Morrison
City Secretary