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Home My WebLink AboutO-1620-8-984233 2808 '38— 0091448 AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFPER-DFcrtrrnED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXWATELY 67.80 ACRES LOCATED IN THE GEORGE FTr6HUGH SURVEY, ABSTRACT NO. 320, AND THE GABRIEL FITZHUGH SURVEY, ABSTRACT NO. 318, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER -DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVH.EGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF SAID CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE WHEREAS, the City Council of the City of Allen has heretofore received a petition signed by the owners of all of the property hereinafter described, requesting the annexation of said land into the corporate limits of the City of Allen; and, WHEREAS, the City Council of the City of Allen finds that suchpetition is in writing, describes the area by metes and bounds, is duly acknowledged as required for deeds by each and every person or corporation having an interest in said land, has been properly filed with the City and fully complies with all the requirements of law; and, WHEREAS, after notices were duly published, public hearings on the proposed annexation were held by the governing body of the City of Allen on July 16,1998, all in stria compliance with V.T.CA., Local Government Code, Chapters 42 and 43; and, WHEREAS, the following described land is adjoining the present city limits of the City of Allen and the members of the City Council of the City of Allen have concluded that said area should be annexed and made a part of the City of Allen, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS, THAT. SECTION 1: The following -described territory be, and the same is hereby, annexed to include the said following -described territory within the city limits of the City of Allen, Texas, and the same shall hereafter be included within the territorial limits of the said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the ordinances, acts, resolutions and regulations of said City of Allen, Texas: Said land situated in Collin County, Texas, and hereby annexed is more fully described in Exhibit "A" attached hereto and made a part hereof as if copied in full herein. SECTION 2• In accordance with V.T.CA., Local Government Code §43.056, attached hereto and made a part hereof for all purposes is the Service Plan providing for municipal services in the newly annexed area. ' SECTION 3: It is not the intention of the City of Allen to annex any territory not legally subject to being annexed by the City, and should any portion of the above-described area not be subject to legal annexation by the City of Allen, such fact shall not prevent the City from annexing such territory which 4233 2809 is subject to legal annexation by the City, and it is the intention of the City of Allen to annex only such territory as may be legally annexed by it within the above-described area. SECTION 4: This ordinance shall take effect from and after its passage. DULY PASSED AND APPROVED BY THE CITY COUNCH.OF THE MY OF ALLEN, TEXAS, ON THE 6TH DAY OF AUGUST . 1998• d � APPRe AS, -FORM: r r, n L kIIw71101I dry Stephen Terrell, MAYOR ATTEST`. Ordinance No. 1620-8-98 Page 2 4233 2310 ORDINANCE NO. 1620-8-98 , EXHIBIT A LEGAL DESCRIPTION BEING, a tract of land situated in the George Fitzhugh Survey, Abstract No. 320 and the Gabriel Fitzhugh Survey, Abstract No. 318, in Collin County, Texas, and a part of a called 84.84 acre tract to E. S. Smith as described in Volume 404, Page 25 of the Deed Records of Collin County, Texas, being more particularly described as follows: BEGINNING, at the northwest comer of the aforementioned Smith tract; THENCE, North 90°00'00" East, with the north line of said tract for a distance of 318.33 feet to the northwest comer of a 6.00 acre tract to the Lovejoy Independent School District as described in Volume 880, Page 203, of said Deed Records; THENCE, South 13'00'00" West, with the west line of the 6.00 acre tract, for a distance of 301.95 feet to the southwest comer of said tract, same being the east corner of a 0.868 acre tract to the Lovejoy Independent School District as described in County Clerks File No. 95-0083288 of said Deed Records; THENCE, South 86°57'12" East, with the 0.868 acre tract, for a distance of 1194.92 feet to the west line of FM 1378 (Country Club Road); THENCE, South 13 °00'00" East, with the west line of FM 1378 for a distance of 316.46 feet; THENCE, South 14°20'18" East, continuing with the west line for a distance of 1322.39 feet to the south line of the 84.84 acre Smith tract; THENCE, with the southerly lines of the Smith tract the following 7 calls; South 83°20'00" West, 501.65 feet South 72°15'00" West, 411.84 feet South 83"20'00" West, 118.14 feet North 75°3900" West, 162.36 feet North 00°00'00" West, 314.16 feet North 82"45'00" West, 359.04 feet North 90000'00" West, 465.30 feet THENCE, North 00"15'56" East, with the west line of the Smith tract for a distance of 1745.70 feet to the POINT OF BEGINNING containing 67.80 acres of land, more or less. Bearings referenced to Volume 404, Page 25. OF 4 /.p�olyr'"f 9 TTTIII O , C. =TT s 44150';' o CVROIECISfNY,\SBi W MlmO0.GmemU.y1N�.Oo,"pE ~�' a U Pit" 4233 2814 then current policies of the city as to frequency, charges and so forth. 3. Solid waste collection through the use of containers shall be available to this property through and in accordance with the terms of the city's contract with a designated solid waste collection agency, beginning within 60 days of the effective date of the annexation ordinance. G. Streets 1. The City of Allen's existing policies with regard to street maintenance, applicable throughout the entire city, shall apply to this property beginning within 60 days of the effective date of the annexation ordinance. Streets will be maintained by the City of Allen in their current condition and not improved to city standards until traffic warrants. The decision to improve a street is at the discretion of the City of Allen. 2. As development, improvement or construction of streets to city standards commences within this property, the policies of the City of Allen with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property as is provided to city streets throughout the city. 4. Street lighting installed on streets improved to city standards shall be maintained by the electric utility providing street light service in accordance with current city policies. H Water Services ' 1. Connection to existing city water mains for water service for domestic, commercial, and industrial use within this property will be provided in accordance with existing city policies. Upon connection to existing mains, water will be provided at rates established by city ordinances for such service throughout the city. 2. As development and construction of subdivisions commence within this property, water mains of the city will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable city ordinances and regulations. Such extensions will be commenced within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development of a subdivision within this property, whichever occurs later. 3. Water mains installed or improved to city standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Allen beginning within 60 days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners, in accordance with existing policies applicable throughout the city. Sanitary Sewer Services 1. Connections to existing city sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing city policies. Upon connection, sanitary sewage service will be provided at rates established by city ordinances for such service throughout the city. 2. Sanitary sewage mains and/or lift stations installed or improved to city standards, located in dedicated easements, and which are within the annexed area and are connected to city Service Plan - Ordinance No. 1620-8-98 Page 3 J. 4233 2815 mains shall be maintained by the City of Allen beginning within 60 days of the effective date of the annexation ordinance. 3. As development and construction of subdivisions commence within this area, sanitary sewer mains of the city will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable city ordinances and regulations. Such extensions will be commenced within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development of a subdivision within the property, whichever occurs later. Miscellaneous 1. Any facility or building located within the annexed area and utilized by the City of Allen in providing services to the area will be maintained by the city commencing upon the date of use or within 60 days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration and administrative services of the city shall be available to the annexed area beginning within 60 days of the effective date of the annexation ordinance. 3. This plan further incorporates, where applicable, as though fully written herein, all requirements of V.T.C.A.. Local Government Code $43.056 relating to the provision of municipal services to areas annexed by municipalities. WNf VOW N"DN Me" 4Ft;.y'alt ;fr MM ORM OF TSE MCW" Pf(d RIJRNb eE a Gi WL MCf 16 INVPLJ MO YNENINCFQUIU DIIFEC A sUrtoE.ras� (COUMYOFMO M'gtlNry Ntl,lb im,NylYt!yp Li{rp blt. LiN NVriFW aq Je lima tW'MJ nuMpp iNf NEWY PFCCAmO''. N tltl ff. 0.TiGY PUGk PamwdPm'Pi%MdCdlba CaH r, w6M AUG 19 1998 Service Plan - Ordinance No. 1620-8-98 Page 4 COLLINfCOUNTY rTXin: HONORABLE HELH STARNES On 1998/08/19 At 4.34P Number: 98- 0091448 Type : OR 23.00