HomeMy WebLinkAboutO-333-4-8113525 VOL 13 f " (PAGE 353
ORDINANCE NO. 333
AN ORDINANCE OF THE CITY OF ALLEN, TEXAS, ANNEXING TO THE CITY OF
ALLEN, TEXAS, A TOTAL OF 434.547 ACRES OF LAND, MORE OR LESS, IN
COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID
CITY SO AS TO INCLUDE SAID HEREINAFTER -DESCRIBED PROPERTY WITHIN
SAID CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF
SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS
AND BINDING ALL INHABITANTS BY THE ACTS, ORDINANCES, AND
REGULATIONS OF SAID CITY; AND PROVIDING A SEVERABILITY CLAUSE AND
PROVIDING FOR THE EFFECTIVE DATE OF THIS ORDINANCE.
WHEREAS, at the instance of the City Council of the City of Allen, Collin County,
Texas, and in full accordance with all requirements of the Municipal Annexation Act, Article
970a, V.T.C.S., a public hearing was held in the Council Chambers of the City of Allen on
March 5, 1981, providing all persons an opportunity to voice their opinion concerning the
annexation of 434.547 acres of land, more or less, involving numerous separate tracts of land
all in Collin County, Texas, into the city limits of the City of Allen; and,
WHEREAS, the City Council found and determined that the above-described tracts of
land are adjoining the present city limits of the City of Allen, Texas, and the City Council
further considered all testimony presented at said meeting, and upon conclusion of all
testimony presented, the City Council concluded that said areas 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
ALLEN, TEXAS, THAT:
Section 1. The findings of fact, recitations, and other matters set out in the preamble
of this ordinance are hereby incorporated in and made a part of the body of this ordinance, the
same as if they had been recited herein in full.
Section 2. All of the properties lying within the boundaries hereinafter described in
Exhibit "A", attached hereto and made a part hereof for all purposes, are hereby annexed to
the City of Allen, Texas, and the boundary limits of the City of Allen, Collin County, Texas,
Ordinance No. 333
M 13"177,- z)4
Page 2
be and the same are hereby extended to include said territory or territories within the city
limits of the City of Allen, and the same shall hereafter be included within the territorial
limits of said City, and the inhabitants thereof shall hereafter be entitled. to all rights and
privileges of other citizens of the City of Allen, and shall be bound by the acts, ordinances,
resolutions and regulations of said City. The properties extending the perimeter boundary of
the territories to be so annexed are more particularly described in Exhibit "A" hereto.
Section 3. It is the intention of the City Council to annex into the corporate limits of
the City of Allen all of the properties situated within the boundaries described in Exhibit "A"
attached to this ordinance and made a part hereof. The City Council hereby finds and
determines that the provisions of Articles 970a and 1175, V.T.C.S., and the City Charter of the
City of Allen have been complied with in effecting this annexation. It is not the intention of
the City Council to annex any territory which is not solely within the extraterritorial
jurisdiction of the City of Allen, Texas. The City Council hereby finds and determines that
the properties within the boundaries described in Exhibit "A" of this ordinance are solely
within the extraterritorial jurisdiction of the City of Allen; and it is the intention of the City
of Allen to annex only such territory or territories as may be legally annexed by it within the
limits of the above-described area.
Section 4. This ordinance shall take effect immediately from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THIS THE -)nra DAY OF APRIL, A.D., 1981.
M. B. Pierson, Mayor
Marty Hendrix; Ciq cretary
Yp�i r�`� ,,.,ate-.
APPRr � t� 9&9 "AS TO FORM:
A. Don Crowder, City Attorney
Attachment to Ordinance No. 333
EXHIBIT "A"
TRACT I
VOL 1317PAGE u53
Including all, according to re -survey of an 87.7 acre tract granted
by John Nix, et al to Mrs. Vivian Cothes by deed August 24, 1924,
Vol. 278, pg. 248, Deed Records, Collin County, Texas; as follows:
Beginning at stk. in center of Rowlett Creek, also center of County,
gravel road running from East to West, which point is also SEC of
tract of land now owned by C. J. Thomsen, for SWC of this tract;
Thence So. 88 degree 10 min. E. with center of said road along So.
line of said tract distance of 1040.8 feet to stk;
Thence So. 87 degree 37 min. E. with center of said road along
the So. line of tract distance of 504.3 feet to stk. in W. right-
of-way line of U. S. Highway 75;
Thence in northerly direction with W. ROW line of said Highway
as follows:
N. 2 degree 27 min. E. 32.0 ft. a ROW marker
N. 50 degree 35 min. E. 67.8 ft. a ROW marker
N. 27 degree 55 min. E. 253.7 ft. a ROW marker
N. 20 degree 58 min. E. 99.5 ft. a ROW marker
N. 14 degree 03 min. E. 661.4 ft. to stk. in east
line of said tract.
Same being in East line of said survey;
Thence N.0 degree 12 min. W. with E. line of said tract and East
line of said survey distance of 291.2 ft. to stk. in West ROW
line of U. S. Highway 75;
Thence in northerly direction with W. ROW line of said Highway
as follows:
N. 36 degree 18 min. W. 51.0 ft. stk;
N. 2 degree 48 min. W. 34.5 ft. stk;
N. 88 degree 48 min. E. 31.7 ft. to stk. in East
line of said tract.
Same also being in center of gravel road running North and South.
Same also being in E. line of said survey;
Thence N. 0 degree 12 min. W. with center of said road along
East line of said tract distance of 1201.6 ft. to stk;
Said stk. being in N.E.C. of said tract;
Thence N. 89 degree 24 min. W. with established fence along N.
line of said tract distance of 363.0 ft. to stk. in center line of
branch;
Thence down stream with center line meanders of said branch along
N. line of said tract as follows:
S. 40 degree 24 min. E. 105.6 ft. point;
S. 51 degree 36 min. W. 250.8 ft. point;
S. 33 degree 36 min. W. 108.9 ft. point;
S. 20 degree 24 min. E. 210.1 ft. point;
S. 89 degree 36 min. W. 91.0 ft. point;
S. 47 degree 30 min. W. 248.0 ft. point;
S. 84 degree 51 min. W. 259.0 ft. point;
S. 47 degree 20 min. W. 180.0 ft. point;
S. 8 degree 26 min. W. 80.7 ft. point;
Thence So. 84 degree 18 min. W. distance of 587.4 ft. to stk. in
center of Rowlett Creek. Same being NWC of said tract;
Attachment to Ordinance No. 333
EXHIBIT "A"
TRACT I (cont 'd)
VOL 1377FAGE 356
Thence following center of Rowlett Creek downstream and southward
with its meanders along East line of said tract formerly owned
by John W. Day, et al and now owned by C. J. Thomsen, said meanders
running by courses and distances approximately as follows:
S. 73 degree 53 min. E. 42.2 ft. to stk;
S. 6 degree 53 min. W. 108.5 ft. point;
S. 34 degree 17 min. W. 240.0 ft. point;
S. 25 degree 32 min. W. 149.8 ft. point;
S. 37 degree 37 min. W. 194.4 ft. point;
S. 13 degree 20 min. W. 278.8 ft. point;
S. 65 degree 08 min. E. 151.3 ft. point;
S. 33 degree 10 min. E. 157.5 ft. point;
S. 5 degree 37 min. W. 192.2 ft. point;
S. 10 degree 48 min. E. 111.9 ft. point;
S. 43 degree 53 min. E. 141.6 ft. point;
S. 43 degree 10 min. W. 202.4 ft. a point to beginning.
Contains 82.955 acres of land.
-2-
F3
Attachment to Ordinance No. 333
EXHIBIT "A"
TRACT II
VOL 1377PAGc 357
Beginning at a pipe set in the center line of a Public Road running
on hereinafter called Pegues Road, at its intersection with the
westward extension of the remnants of the old fence along the south
line of the east part of the Mrs. Lillian Shults tract described in
Volume 551, Page 10 of said Deed Records;
Thence N 000 17' W, along the west line of the 31.07 acre tract
described in deed from E. E. Shults to B. Thomas McElroy, recorded
in Volume 693, Page 339 of said Deed Records, along the center line
of Pegues Road, a distance of 2058.6 feet to a steel rod found, an
inside corner of the 217.837 acre tract conveyed to Charles B. Key
by deed recorded in Volume 744, Page of said Deed Records;
Thence N 860 33' E, along a south line of said Key tract, a distance
of 1211.9 feet to a steel rod found on the northwesterly line of
U. S. Highway 75, 160.0 feet northwesterly from its center line
on a 000 30' curve;
Thence southwesterly, along the northwesterly line of said Highway,
be northwesterly lines of the 16.878 acres conveyed by Mrs. Lillian
Shults to the State of Texas by deed recorded in Volume 509, Page 250
of said Deed Records, as follows:
S 290 16' W, 249.6 feet to a pipe, being 160.0 feet north-
westerly from said center line;
S 280 02' W, 251.07 feet to a pipe, being 160.0 feet north-
westerly from said center line;
S 210 32' W, 101.84 feet to a nail in wood Right of Way Marker,
being 150.0 feet N 630 05' W from said center line at the
southerly end of said curve, at Highway Dept. Chaining
Station 512 + 10.2;
S 260,55' W, and 150.0 feet northwesterly from and parallel
with said center line, a distance of 1792.8 feet to a pipe
for corner on said Shults south line;
Thence N 890 25' W, along said line, a distance of 110.6 feet to the
point of beginning;
Containing 31.112 acres
=10
Attachment to Ordinance No. 333
EXHIBIT "A" VOL 1377PAGE 15$
TRACT III
Being part of the John Fyke Survey, Abstract 325, the William J.
Jackson Survey, Abstract 484, and the Michael Lee Survey, Abstract
544, Collin County, Texas, being the 100 acres, the 96 acres, the
two 60.84 acre tracts described in conveyance to Mrs. Jean M. Logan
recorded in Volume 859, Page 652 of the Deed Records of Collin
County, and being described more particularly as follows:
Beginning at the southeast corner of said Fyke Survey, a pipe at
the intersection of the center lines of two undedicated Public
Roads, 50 feet wide, one running west along the south line of
said Fyke Survey (before curving), hereinafter called Rowlett Road,
and one running north along the east line of said Fyke Survey,
hereinafter called Pegues Road;
Thence S 890 52' W, along the center line of Rowlett Road, a
distance of 1154.93 feet to the beginning of a curve to the left;
Thence southwesterly, along said center line and said curve, having
a radius of 381.69 feet and a central angle of 300 331, a distance
of 203.52 feet to the end of said curve and the beginning of a
curve to the right;
Thence southwesterly along said center line and said curve, having
a radius of 557.0 feet and a central angle of 300 53', at 6.33 feet
passing the east line of the 4.0 acres in said Jackson Survey
described in said conveyance, at a point 75.47 feet N 000 12' E
from its southeast corner and 56.53 feet S 000 12' W from its north-
east corner, in all a distance of 300.23 feet to the end of said
curve;
Thence N 890 48' W, along said center line and the south line of
said 4.0 acres, a distance of 816.5 feet to the beginning of a
curve to the right;
Thence northwesterly along said center line and said curve, having
a radius of 616.67 feet and a central angle of 280 30', at 228.17
feet passing the west line of said 4.0 acres at a point 41.73 feet
N 000 12' E from its southwest corner and 90.27 feet S 000 12' W
from its northwest corner, in all a distance of 306.74 feet to
the end of said curve and the beginning of a curve to the left;
Thence northwesterly along said center line and said curve, having
a radius of 423.5 feet and a central angle of 280 081, a distance
of 207.95 feet to the end of said curve;
Thence N 890 26' W, along said center line, a distance of 943.2
feet to an angle;
Thence N 890 32' W, along said center line, a distance of 1461.6
feet to a pipe for corner, the southwest corner of said Lee Survey,
and the southeast corner of the 98.83 acre tract in the Henry
Brandenburg Survey, Abstract 110, conveyed to Mary Helen Gibson by
deed recorded in Volume 297, Page 217 of said Deed Records;
Thence N 000 20' E, along the west line of said Lee Survey and the
most southerly east line of said Brandenburg Survey, passing a
northeast corner of said Gibson tract and a southeast corner of
the 120 acre tract conveyed to Boyle K. Stacy by deed recorded in
Volume 298, Page 631 of said Deed Records, and along the general
line of old very crooked fences, a distance of 3247.2 feet to a
steel rod for corner;
Thence S 890 46' E, along the old fence and hedge on the most
easterly south line of said Stacy tract, a distance of 1261.5 feet
to a pipe at the southwest corner of Kittyhawk Estates Addition,
according to the plat thereof recorded in Volume 802, Page 334 of
said Deed Records;
-4-
Attachment to Ordinance No. 333
EXHIBIT "A"
TRACT III (cont'd)
VOL 137" mt, Jzrj9
Thence S 890 39' E, along the south line of Kittyhawk Estates,
along an old fence and hedge line, a distance of 1383.0 feet
to a pipe for corner on the west line of the 217.837 acre tract
conveyed to Charles B. Key by deed recorded in Volume 744, Page 598
of said Deed Records;
Thence S 000 03' W, along the west line of said Key tract, along
an old turn row, a distance of 1331.3 feet to a steel rod for
corner;
Thence N 890 58' E, along the south line of said Key tract, along
an old turn row, at 1336 feet begin along an old fence, at 2565.5
feet passing the most southerly southeast corner of said Key tract
, in all a distance of 2677.7 feet to a steel rod on the center
line of Pegues Road and the east line of said Fyke Survey;
Thence S 000 17' E, along the center line of Pegues Road, being
the west line of the 31.113 acre tract in the L. K. Pegues Survey,
Abstract 702, conveyed to Grady Jordan & Co., Trustee, by deed
recorded in Volume 836, Page 334 of said Deed Records, a distance
of 1921.6 feet to the place of beginning;
Containing 320.482 acres, including 4.212 acres in said roads,
and 0.466 acre in Texas Power & Light Co. Easement, or 315.804
acres, net.
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STATE OF TEXAS COUNTY OF COWN
I hereby certify that this instrument was
filed on the dale and time stamped hereon by me
and was duly recorded in the volume and page
If the named records of Collin County, Texas as
stamped hereon by me.
APR 2 91981
• COUNTY CLERK Collin County, isms
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CITY SECRETARY
CITY OF ALLEN
302 W. McOERMOTT
ALLEN, TEXAS 75002
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THE STATE OF TEXAS
COUNTY OF COLLIN
PROPOSED ORDINANCE
AN ORDINANCE of the City
of Allen, Texas, annexing to
the City of Allen, Texas, a
total of 434.547 acres of
land, more, or less, in Collin
County, Texas, and exten-
ding the boundary limits of
said city so as to include
said hereinafter -described
property within said city
limits and granting to all in-
habitants and owners of
said property all of the
rights and privileges of
other citizens and binding
all inhabitants by the acts,
ordinances, and regulations
of said city; and,providing a
severability clause'and pro-
viding for the effective date
of this ordinance.
Juanelle Dalsing
City Secretary
(Published In the Allen
American Monday, February
23, 1981) -
AFFIDAVIT AND PROOF OF PUBLICATION
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve months prior to publishing
A Af . --/—
of which the attached is a true and written copy,
was published in THE ALLEN AMERICAN on
and which was issued on by
of Collin County, Texas. A printed co of S"a4 publication is alAched hereto.
SUBSCRIBED AND SWORN to before me this day of y , A.D. 19_8
Notary Public in and for Collin County, Texas
P W,iher'. Fee $ L
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve month prior to publishing
of which the attached is a true and written copy, and which was P&*shed in THE ALLEN AMERICAN on
and which was issued on by
of Collin County, Texas. A printed copy Af said publication is
SUBSCRIBED AND SWORN to before me this day of
hereto.
, A.D. 19 .
Notary Public in and for Collin County, Texas
Publisher's Fee $
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AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been
by me duly sworn, on oath deposes and says:
That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre-
quently than once a week, having a general circulation in said county, and having been published regularly and con-
tinuously for more than twelve month prior to publishing
of which the attached is a true and written copy, and which was P&*shed in THE ALLEN AMERICAN on
and which was issued on by
of Collin County, Texas. A printed copy Af said publication is
SUBSCRIBED AND SWORN to before me this day of
hereto.
, A.D. 19 .
Notary Public in and for Collin County, Texas
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