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Home My WebLink AboutO-799-7-87ORDINANCE NO. 799-7-87 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A PORTION OF A SANITARY SEWER EASEMENT LOCATED ON A TRACT OF LAND SITUATED IN THE G. W. FORD SURVEY, ABSTRACT NO. 328, AND FURTHER BEING A PART OF COTTONWOOD BEND NORTH PHASE TWO, AN ADDITION TO THE CITY OF ALLEN, AS RECORDED IN CABINET F, PAGE 751, OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBITS "A" AND "B"; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the City Council of the City of Allen approved a concept plan for a residential development for Cottonwood Bend North; and, 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 has recommended that the portion of 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, TEXAS: SECTION 1: That the portion of the sanitary sewer easement described in Exhibits "A" and "B" are hereby forever abandoned. SECTION 2: That 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. Ordinance No. 799-7-87 - Page 1 SECTION 3: That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall be and the same are hereby repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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: That it appears the Cottonwood Bend North Phase Two 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, and 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, TEXAS, ON THE 2nd DAY OF JULY , 1987. APPROVED: 4 Donald P. Rodenbaugh,ayor ATTEST: ' Mary Hendrix, CMry, City Secretary APPROVED AS TO FORM: A.on rowder, City Attorney Ordinance No. 799-7-87 - Page 2 N 69054'll"E 65 •i' �iT ie 49 c y 19 I itol I el I t e W y D: v' e4 is c YOUPON .k` Ari DRIVE 0 2 !4 35 Z COTTONWOOD BEND NORTH� �� Q PHASE II WILLOW DRIVI 43 44 I, W O� 44. 45 ' .^� in a O N HOLLY CIRCLE "' 00 rs61 — SO BETHANY EXHIBIT "A" Place Of beginning 0't3' SO" W ice—eq, vv� ace Of ROAD 0 CITY OF ALLAN ENGINEEMNS DEPT. DEC 3 1986 ECEIVE FIELD NOTES SEWER EASEMENT ABANDONMENT BEING a tract of land situated in the G.W. Ford Survey, Abstract No. 328, City of Allen, Texas, and further being part of Cottonwood Bend North, Phase II, an addition to the City of Allen, Texas, as recorded in Cabinet F, Page 751 of the Deed Records of Collin County, Texas, and being more particularly described as follows: COMMENCING at the intersection of the North line of Bethany Road (a 120' R.O.W.), with the East line of Ashwood Drive (a 50' R.O.W.), a point for corner; THENCE N 0' 23' 30" W, along said East line of Ashwood Drive, a distance of122.89 feet to the PLACE OF BEGINNING, a point for corner; THENCE N 8' 19' W, leaving said East line of Ashwood Drive, a distance of 1,118.69 feet to a point on the North line of said Cottonwood Bend North, Phase II, said point also being on the North line of a 16' wide alley, a point for corner; THENCE N 89° 54' 11" E, along said North line of Cottonwood Bend North, Phase II, and the said North line of a 16' wide alley, a distance of 30.31 feet to a point for corner; THENCE S 8' 19' E, leaving said North line of Cottonwood Bend North, Phase II, and the North line of a 16' wide alley, a distance of 898.85 feet to a point on the said East line of Ashwood Drive, a point for corner; THENCE S 0' 23' 30" E, along said East line of Ashwood Drive, a distance of 217.59 feet to the PLACE OF BEGINNING and containing 30,263 square feet or 0.6947 acres of land. CITY OF ALLAN ENGINEERING DEPT. r) EC 3 1986 0 EC E 0 V E EXHIBIT "B"' �o Ln." DI'ti net.4.0'D10- M.3+i0 N. ( I -ro" VO/Ve Cons+. 4�D'D(a. M.1 I. 1 ti `I - Firms Nyd�� o � �2 LF Of -- vier Pirie Ai;e- \ W. ri." �i vlip 1 CFf77T J � ' A5 WOO U /✓Ea, /-S'�x o "Ape `/-8" valve "valve lrs al/.- 2-, (/-61,16 11T N �... ✓� � �/-Fire Ny s �-� E rri7O I Its r Ui1/ V6 -F 5+40 Ln F J 2 J;4 �(J 3 ° 1 ( h /Ol— r 1� 1 . i 36 R 37 lea, c sv W& %LLOv �� C/Miall.' 25' 7 �/ Fl;re ,vvdl j 4/ OQ! E _ O 4411 Zoo? Cn •"G "�---- —�— �' end Cleonouf 'A/ C c _8" Volk O • ''- EXHIBIT "D" - `� ,. mss.-•;\\� +�� !� 1 ,� �+ .1 IN t � /. 11 �\ I � I / Mme• 0 • `\\' S �� \ � ��_ �i � '`"$ETH 1�IJlI� � . ' / I f' _tel.-_�:�...�� T� _-� �� • - -� `„ to �'� , � � .•/ � � � �INi ^- 4 I D ----------------- EXHIBIT "C" *An a AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared R. WAYNE NVEDG ENVORTH, 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 li-cyuently than once a week, having a general circulation in said county, and having been published regularly and continuously lir more than twelve months prior to publishing Public Notice - Ordinance # 799-7-87 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on July 12, 15, 1987 and which was issued on July 12, 1987 b City of A len of Collin County, Texas. A printed copy of said publication i atta • e he eto. 7 A � A J• SUBSCRIBED AND SWORN to before me this17th day of u9uSt A.D. 19 87 Publisher's fee s 32.40 a Notary Pub 6 in and for Collin County, Tc.Vas DUE TO THE OMISSION, by the Allen American the following legal'notice will be published Sunday, July}12tti,,& Wednes- day, July 15th. i' / R l� CITY OF ALLEN w, ' PUBLIC NOTICE Notice is hereby given that the Alle ity Council adopted the following ordinance at their regularlmeeting' held on Thrusday, July 2111987 (Title only):L. .tet' 31 Ordinance'6. 799�87::An Ordinance of the City of Allen;t Collin County; OTexas; Abandoning a Portion of a Sanitary�Sewer Easement Located76n;a Tract;of7Land Situated in the G.W! Ford Survey'At6ract No,328, Further Being Part of Cottonwood Bend North Phast,Two, an'Additi6n1to the City;of Allen, as,Recorded in Ca6met F, Page 751, of the' Deed 'Records bf Collin County Texas; Providing for Exhibits "A" and•"B"; Providing for a Severability Clause; and Providing*for -an Effective Date. A copy of this ordianance may tie read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas. Ss +frti ktMarty Hendrix r CMCI CITY SECRETARY I TO BE PUBLISHED IN THE ALLEN AMERICAN ON WEDNESDAY, JULY 8 1987 AND SUNDAY, JULY 12, 1987. DUE TO THE OMISSION by the Allen American the following legal notice will be published Sunday, July 12th,J& Wednes- day, July 15th: CITY OF ALLEN ` PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thrusday, July 2, 1987 (Title 0nly):4 Ordinance No., 799-T-87; An Ordinance of the City of Allen, Colliin,County, Texas, Abandoning a Portion of a Sanitary Sewer Easement Located on, a Tract of [Land Situated in the G.W. Ford Survey, Absfract No. 328, Further Being Part of Cottonwood Bend North Phast Two, an Addition to the City of Allen, as Recorded,; in Cabinet F, Page 751, of the Debd Records of Collin County, Texas; Provlding'pr Exhibits "A" and "B"; Providingrfor;VSeverability Clause; and Providing Iforx an Effective Date. �. A copy of this ordianance may be read or purchased in the office of the City, Secret- ary, City of Allen, One Butler'Circle, Allen, Texas. Marty Hendrix CMC CITY SECRETARY i 11 TO BE' PUBLISHED IN THE ALLEN AMER ICAN•ONIWEDNESDAY; JULY 8 1987 AND SUNDAY, JULY 12,'1987.•