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HomeMy WebLinkAboutO-550-10-843926 m%2293 msE772 ORDINANCE NO. 550-10-84 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXIMATELY 376.462 ACRES LOCATED IN THE JAMES T. ROBERT SURVEY, ABSTRACT NO. 777, 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 PRIVILEGES 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 such land into the corporate limits of the City of Allen; and, WHEREAS, the City Council of the City of Allen finds that such petition 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 notice was duly published, public hearings on the proposed annexation were held by the. City Council of Allen on September 6, 1984, all in strict compliance with Article 970a, V.A.T.C.S.; 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 ALLEN, TEXAS: SECTION 1. That 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 Ordinance No. 5 5 0 -10 - 8 4 - Page 1 Ba%2 53PIGE773 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. That in accordance with House Bill 1952 of the 67th Legislature, effective September 1, 1981, 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. That 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 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. That this ordinance shall take effect from and after its passage. DULY PASSED by the City Council of the City of Allen, Collin County, Texas, this the 4th day of OCTOBER _• A41 i '� ' _� ` ��'• APPROVED AS TO FORM: A., ity Attorney . 1984. APPROVED: 1 .,ILI , Donald P. flo_denbaujgh,Mj'�'� ATTEST: M , Nv, Marty Hendrix, qty Secretary Ordinance No. 550-10-84 - Page 2 Attachment to Ordinance No. 550-10-84 LEGAL DESCRIPTION SITUATED in Collin County, Texas in the James T. Roberts Survey, Abstract No. 777 and being a consolidation of a 139.155 acre tract of land and a 240.986 acre tract of land, less a 3.678 acre tract of land, said 240.986 acre tract of land being that same tract of land conveyed to A. P. Development, Inc. from West Energy, Inc. by deed dated July 11, 1983 and recorded in Volume 1690, page 693 of the Deed Records of Collin County, Texas, said 139.155 acre tract of land being that same tract of land conveyed to A. P. Development, Inc. from West Energy, Inc. by deed dated July 29, 1983 and recorded in Volume 1704, page 489 of the Deed Records of Collin County, Texas, said 3.678 acre tract of land lies within the right-of-way of proposed F.M. Hwy. #2768 a deed of which is recorded in Volume 1137, page 863 of the Deed Records of Collin County, Texas and said consolidation being more particularly described by metes and bounds as follows: COMMENCING at an iron rod found for corner in the center of Stacy Road (proposed F.M. Hwy. #2768) at the Northeast corner of the James T. Roberts Survey, Abstract No. 777 from which an iron rod found for reference in the west line of Malone Road (County Road No. 264) and the south line of a 3.678 acre tract of land out of the herein above described 240.986 conveyed by Jack Johannes to the State of Texas by deed recorded in Volume 1137, page 863 of the Deed Records of Collin County, Texas lies S 00 21' 58" E 55.93 feet and S 89 43' 50" W 30.01 feet; THENCE: SO 0 21' 58" E 55.93 feet to an iron rod at the POINT OF BEGINNING; THENCE: S 00 21' 58" E 2542.38 feet with the east line of said 240.986 acre tract and generally along the center of Malone Road and along the east line of the said Roberts Survey to an iron rod for corner found therein from which an iron rod found for reference lies S 880 45' 00" W 30.00 feet; THENCE: DUE SOUTH 2682.6 feet with the east line of the 139.155 acre tract and the east line of said J. T. Roberts Survey along and near a road to an iron rod for corner at the southeast corner of said Roberts Survey and at the southeast corner of said Roberts Survey and at the intersection of (Malone Road) County Rd. #264 with County Rd. #194 to the west; THENCE: S 890 25' W 2864.47 feet with the south line of said Roberts Survey and with the south line of said 139.155 acre tract and along and near a road to an iron rod for corner; THENCE: N 00 25' 30" W with the west line of said 139.155 acre tract and passing iron rods at 300.0 feet and 1552.72 feet and continuing for a total distance of 1553.82 feet to an iron rod for corner; THENCE: S 890 11' 45" W 560.48 feet, along the south line of said 240.986 acre tract which an existing fence crosses back and forth across the line, to an iron rod found for corner from which a fence corner for the land to the west lies West 2.0 feet and North 0.8 feet and a fence corner for the herein described tract lies East 1.0 feet and North 2.5 feet; THENCE: N 00 38' 45" W 1216.4 feet generally along and approximately 2 feet west of an existing fence line and along a hedgerow part of the way to an iron rod found against the north side of the base of a 24 inch diameter bois 'd arc tree used for the fence corner; THENCE: N 890 13' 30" W 535.3 feet generally along an existing fence and along a hedgerow to an iron rod found for corner near a fence corner post; THENCE: N 00 34' 15" W 897.5 feet generally along an existing fence and along a hedgerow to an iron rod found for corner at a fence corner post; THENCE: S 890 46' 45" E 1321.7 feet generally along the fence and along a hedgerow to an iron rod found for corner on the south edge of a 15 inch diameter fence corner post; Attachment to Ordinance No. 550-10-84 B02293 2293 PA075 THENCE: N 00 03' 00" W 1582.15 feet generally along an existing fence and hedgerow to an iron rod for corner in the south right-of-way line of proposed F.M. Hwy. #2768 having an existing 120.0 foot wide right-of-way, said iron rod bears S 00 03' E 68.44 feet from an iron rod in the north line of said Roberts Survey and in the center of Stacy Road; THENCE: With the south right-of-way line of proposed F.M. Hwy. #2768 as follows: N 890 00' 00" E 359.7 feet to an iron rod at a point of curve to the right; With said curve having an arc length of 98.60 feet, a central angle of 00 59' 4711, a radius of 5669.6 feet and a chord bearing and distance of N 890 30' 04" E 98.6 feet; N 890 59' 47" E 1584.6 feet to an iron rod; N 890 43' 50" E 614.80 feet to the POINT OF BEGINNING and containing 16,398,699 square feet or 376.462 acres of land more or less of which 5.161 acres of land lies within a public road for which no record of conveyance could be bound and 0.321 acres in a drainage easement to the State of Texas recorded in Volume 1704, page 343 of the Deed Records of Collin County, Texas and leaving 370.980 net acres of land more or less. BOOK2293 PAGE7 76 CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 550-10-g4 Date of Adoption of Annexation Ordinance: 10 - 4 - 8 4 Acreage Annexed: Approximately 376.462 Acres Survey, Abstract 6 County: Located in the James T. Roberts Survey, Abstract No. 777. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Allen, Texas, at the following levels and in accordance with the following schedule: A. Police Service 1. Patrolling, responses to calls, and other routine police services, within the limits of existing personnel and equipment, will be provided within 60 days of the effective date of the annexation ordinance. 2. As development and construction commence within this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization, and population density within the area as determined by the City Council within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the city. B. Fire Services 1. Fire protection and emergency ambulance equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire Ordinance No. 550-10-84 Service Plan - Page 1 god 2293 stations, will be provided to this area within 60 days of the effective date of the annexation ordinance. 2. As development and construction of subdivisions commence within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire and emergency ambulance services consistent with the characteristics of topography, land utiliziation, and population density of the area, as determined by the City Council, within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the city. C. Environmental Health and Code Enforcement Services 1. Enforcement of the city's environmental health ordinances and regulations, including but not limited to weed and brush ordinances, junked and abandoned vehicle ordinances, and animal control ordinances, shall be provided within this area within 60 days of the effective date of this annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated by existing personnel within 60 days of the effective date of the annexation ordinance. 2. The city's building, plumbing, electrical, gas, heating and air conditioning, and all other construction codes will be enforced within this area beginning within 60 days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The city's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within 60 days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City of Allen, but not Ordinance No. 550-10-84 Service Plan - Page 2 wx2293 w078 mentioned above, will be provided to this area beginning within 60 days of the effective date of the annexation ordinance. 5. As development and construction commence within this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the city. D. Planning and Zoning Services The planning and zoning jurisdiction of the city will extend to this area within 60 days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. Park and Recreation Services 1. Residents of this property may utilize all existing park and recreational services, facilities, and sites throughout the city, beginning within 60 days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Allen. This property will be included in all plans for providing parks and recreation services to the city. The same level of parks and recreation services shall be furnished to this property as is furnished throughout the city. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the city, be maintained and operated by the City of Allen, but not otherwise. F. Solid Waste Collection 1. Solid waste collection shall be provided to the property in accordance with existing city policies, beginning within 60 days of the Ordinance No. 550-10-84 Service Plan - Page 3 NOX2203 tksM,79 effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. 2. As development and construction commence within this property, and population density increases to the property level, solid waste collection shall be provided to this property in accordance with 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. Unless a street within this property has been constructed or is improved to the city's standards and specifications, that street will not be maintained by 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 which have been accepted by the City of Allen as is provided to city streets throughout the city. 4. Street lighting installed on streets improved to city standards shall be maintained by Texas Power & Light Company in accordance with current city policies. H. Water Services 1. Connection to existing city water mains for water service for Ordinance No. 550-10-84 Service Plan - Page 4 MM2293 enE180 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 two and one-half (2-1/2) 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. I. 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 mains shall be maintained by the City of Allen beginning within 60 days of the effective date of the annexation ordinance. Ordinance No. 550-10-84 Service Plan - Page 5 enoic2953 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 begin aaccordance with applicable city ordinances 14 and regulationve,Such 'extensions, will be commenced within two and one- half (2-1/2) years from'be effective date of the annexation ordinance, or upon commencement;of development of a subdivision within the property, whichever occurs lat6t'.5"•) J. 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. Ordinance No. 550-10-84 Service Plan - Page 6 1996 Rli 211 37 STALE OF MW CUM OF MM tit'd Cw tm data led HIS, 'j"wd Noma by - gad '"s j* f4cmded it, tan V&mv mi "P *I the "a" ,,ads et tett CrOdy, tar .1 9-"d low 11 ". JAN 221986 COMM CLER, Collin County, Tees ReAvir t, 4o: Cffy SECRETARY City d ARM I Butler Qrcle Allen, Texas 75002 By M OF STATE OF MW by mOWN e sold filed an it's to,# end time stompeCOd holle" and pill of Ind I'd ref dill, flcofdO it, ttd lolu'alme. wilds el t0ft C"A". Tills of "Am"d h"en by JAN 221986 Qy"j.." QtOM.-*j COUIM CLEM, C0113(1 T"38 Rel v r A'1 40. CITY SECRETARY City of Allen i Butler Circle Allen, Texas 15002 0 40 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared At5gX�6XXSM, 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 r,City of Allen Notice of Public Hearing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on August 20, 1984 and which was issued on August 20, 1984 ,by City of Allen of Collin County, Texas. A printed copy of said publication is attac whereto SUBSCRIBED AND SWORN to before me this 6th day of Se t e m b e r , A.D. 19 84 I_ Notary Public in and for Collin County, Texas Publisher's Fee $ R' Loo Dianne Kerr Commission Expires 10/14/87 CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the AilenCRyCoun- cif will conduct a public hearing at 7.30 p.m- on Thursday, September 6, 1984, in the Council Chambers of the Allen Municipal' Annex, .4 One Butler Circle, Allen, Texas, to consider a re- quest from Sam Ware of the Dabney Companies, Inc_, to annex approx- imately 376-462 acres of land out of the .lames'T- Roberts Survey, Abstract No. 777, located west of Malone Road, north of .Exchange' Boulevards and south of Stacy Rdad, into the City of Allen. Anyone wishing, to speak -either FOR' dr AGAINST this request is ipviteb to attend ; this hear5ngoand voice their opinion- ' For furtherintorma tion, contact - the AIIen Municipal Annex at - 727 -$171 or` (metro) 424-7518` f Marty Hendrix City Secretary (Published in the Allen American on Monday, 4 August 20, IM4.) AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared j0A%>5(XX (1W, 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 City of Allen Nn ice of Public Hearing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on August 2n, 1984 and which was issued on August 20, 1984 'by City of Allen of Collin County, Texas. A printed copy of said publication is attachedh,to. J a n SUBSCRIBED AND SWORN to before me this 6th-1day of September , A.D. 13 8 4 Publisher's Fee $ q1&0 : "CITY OF ALLEN NOTICE OF PUBLIC.HEARING ,Notice is hereby given that the City of Allen will cdriduct a.oublic'6earing. at'1:00 p.m. on Thursday, September 6,1984; in the Council Chambers of the Allen Municipal Annex, One Butler, Circle, Allen, Teiias, toconsider a re- quest from Sam Ware of 'the Dat3ney Companies, Inc., to 'annex apprdx- imately 376.462 acres of land out•6f the lames T. Roberts Survey, Abstract No. 777, Ibcated west of Malone,, Road,+ north of Exchange Boulevard, and south of Stacy Road, into the City of Allen. Anyone' Wishing oto speak either FOR or AGAINST this request is invited ;to ,attend this `hearing and.voicb their opinion. -I; For -further informa- tion, contact the Allen Municipol '*Annex at 727-9171 or, (metro) 424.7518. Notary Public in and for Collin County, Texas Dianne Kerr Commission Expires 10/14/87 CitySecretary (Published in tn he 'Alle American 'on Monday, August 20, 1984.)