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Home My WebLink AboutO-804-8-87ORDINANCE NO. 804-8-87 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DISANNEXING 8.614 ACRES OF LAND OUT OF THE SIMPSON M. PULLIAM SURVEY, ABSTRACT NO. 707, AND THE GEORGE WHITE SURVEY, ABSTRACT NO. 993, FROM THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, SO AS TO EXCLUDE SAID PROPERTY FROM THE CITY ,LIMITS; AND PROVIDING A SEVERABILITY CLAUSE AND AN EFFECTIVE DATE. WHEREAS, the 8.614 acres of land in the Simpson M. Pulliam Survey, Abstract No. 707, and the George White Survey, Abstract No. 993, presently lies within the city limits of the City of Allen, Texas; and, WHEREAS, the owner of said land has petitioned the City requesting that said land be disannexed from the City of Allen, Texas; and, WHEREAS, the City Council of the City of Allen, Texas, has determined that such territory is not suitable or necessary for City purposes at this time; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That all of the 8.614 acres of land in the Simpson M. Pulliam Survey, Abstract No. 707, and the George White Survey, Abstract No. 993, more particularly described by metes and bounds in Exhibit "A" attached hereto and made a part hereof for all purposes, be and the same is hereby disannexed from the City of Allen, Texas, so as to exclude the territory described in Exhibit "A" from the corporate limits of the City of Allen, Collin County, Texas. SECTION 2. That in- accordance with Article I, Section 1.01B(3) of the City Charter of the City of Allen, Texas, said territory shall still be liable for its pro rata share of any debts incurred while said area was a part of the City; and the City may continue to levy, assess and collect taxes on the property within said territory to pay any indebtedness incurred while said area was a part of the City as though the same had not beeen excluded from the boundaries of the City. SECTION 3. That the City Secretary is hereby directed to enter this Ordinance No. 804-8-87 - Page 1 Ordinance upon the minutes and records of the City of Allen, Texas, and is further directed to file with the County Clerk of Collin County, Texas, a certified copy of this Ordinance. SECTION 4. That it is the intention of the City Council of the City of Allen that this Ordinance and every provision thereof shall be considered severable and the invalidity of any seciton, clause or provision or part or portion of any section, clause or provision of this Ordinance shall not affect the validity of any other portion of this Ordinance. SECTION 5. That this Ordinance shall become effective immediately upon its passage and publication as required by law. 1987. DULY PASSED AND APPROVED this the 20th day of AUGUST , APPROVED: ATTEST: - i f Marty Hendrix, C18C, City Secretary ?ROVED AS TO FORM: A. Don Crowdbr, City A Ordinance No. 804-8-87 - Page 2 Page 2 Disannexation Request August 14, 1987 RECOMMENDATION Based on the agreement between Collin County and the Cities of Allen, Frisco, McKinney and Plano on the alignment of F.M. 2478 being just east of the Rowlett Cemetary and based on the existing agreement between the Cities of Plano and Allen, setting Custer Road as the boundary between the two Cities, it is the staff's recommendation that the Council approve this disannexation request. : 1'�,A�+0 GIT' PMIT—\\ CiT-r LIMIT •\ � co u NT �Y {�� \. ............. \ FM Hv4Y -ZA-10 fk UNINGoRPof-AT9b �VF- 1 I I I ^"aa GIT'r WMT S LS i " = 4ao i SITE BOUNDARY AND LOCATION SHOPPING CENTER, SWC CUSTER/121 D JBG PLANNERS, INC. COLLINCRAFT JOINT VENTURE Q D DALLAS, TEXAS July 17, 1987 Ms. Marty Hendricks City Secretary City of Allen One Butler Circle Allen, TX 75002 GIHON FINANCIAL CORPORATION 17304 PRESTON ROAD, SUITE 975 DALLAS, TEXAS 75252 214.931-0474 X, c 2 or v A�� C JUC 2j C!)y OF 198 , CITY 86QrrARy �0 COrLINCROFT JOINT VENTURE SEC/SWC CUSTER RD. AND S.H. 121 SITE (ATTACHED) REQUEST FOR DISANNEXATION FROM THE CITY OF ALLEN AND ANNEXATION BY THE CITY OF PLANO JOB NO. 86026 Dear Ms. Hendricks: Collincroft Joint Venture, the owners of the aforementioned property, hereby request disannexation from the city. Presently, we are applying for annexation and rezoning of the tract by the City of Plano; and, we have already filed our requests with Plano's Planning Department. if you have any questions, do not fail to contact our offices or Plano on our behalf. We believe this request for a change in city affiliation is in accordance with both cities' comprehensive plans and has already been coordinated. Please let me know if there are any further materials or information that you require. Sincerely, Calvin T. McKibben, Treasurer Gihon Financial Corporation Managing Partner CTM:ak enclosure CC: Mr. Frank Turner, AICP (Planning Director, City of Plano) Mr. Michael Barr (Fambro Companies) Mr. Joel B. Goldsteen, PH. D. , AICP (JBG Planners, Inc.) FIE N I ' SCALE: 1'=100' Ni� . o'f 111 O 06° cone. R.o.n 3' Me( WE uon.n..nl �fa.J9' / / IO/MT OF Jf01MMlMO I.R M22012'4 0'E 72.2 2' �\ Cone. P.O.W. / \�.011Vn1.11i CA M.Y. on., �r •l. L 0, ��. 330 O 0 T 'd 3 M21°2(' � 41.7s 10.1.1 1' 375,249 SO. FT. 8.615 ACRES 1/ s(7�•oJ•E / s..2(• Me a9b.1 2� Con o. R.0,1r, #ADAYm•al 20' Eam't, �J r.I..s7. Dutn.d Vol. d.0. P►. 772 1!'0('E 3.50• d. I.A. i .� slope** Y. Mtltu asro.lr 7 al.are.l No. 101 D ... Geerf. w►lt. ►ar.41. aNar..a A.. ► Coo e. wood R.O. = u•nu 4 7C'•• a• o+ LR. H.on lana (3(.20' SiT°OJ'22'w Sia°1('20'w I 1Y I NOTE: Approximate location and arc..=. as determined from National Flood Insurance Program, Flood Insurance Race Map Nu. 480131 0001 B. City.of Allen, dacet Juni: 1. 1978. Approximately 7.7 acres. 0 SURVEY PLAT DATE: September 12, 1984 SITUATED in the State of Texas and County of Collin, being a part of Simpson M. Pulliam Survey, Abstract No. 707 and a part of the George White Survey. Abstract No. 993, being the same premises described and conveyed as Tract I by deed recorded in Volume 917, Page 515 of the Collin County Deed Records and to which reference l is herein made for further description: BEGINNING on the couch line of State Highway No. 121 at an iron rod found marking the northeast end of a sight distance corner cutoff line to F. M. Highway No. 2478; THENCE with the south line of State Highway No. 121, North 66'52'10" East, a distance of 79.39 feet to a concrete monumencl THENCE continuing with the south line of State Highway No. 121, North 55'55'30" East, a distance of 101.81 feet to a concrete monument; THENCE continuing with the south line of State Highway No. 121, North 67.11'00" East, a distance of 495.72 feet to a concrete monument on the northwest end of a sight distance corner cutoff line co a county road; THENCE with said cutoff line. South 57'15'03" East, a distance of 44.28 feet to a concrete monument; THENCE North 69'44'08•' East, A distance of 23.50 feet to an iron rod found on the centerline of said -county road; THENCE with the centerline of said county road, South 0'45'27" East, a distance of 663.00 feet to the center of a creek; THENCE South 87'03'22" West, a distance of 538.20 feet to an iron rod found for angle point; THENCE South 89'15'20" Wesc, a distance of 36.50 feet to an iron rod found on the east line of aforementioned F. H. Highway No. 2478; THENCE with the east line of F. M. Highway No. 2478, North 21'25'10" West, a distance of 31.75 feet to an iron rod found for angle point; THENCE continuing with the east line of said F. M. Highway No. 2478, North 20'36'00•' West, a distance of 352.55 feet to a concrete monument found marking the southwest end of a sight distance corner cutoff line; THLNCE with said cutoff line. North 22'12'40" East, a distance of 72.22 feet LO the pincc of'beginning and containing 375,248 square feet or 8.614 acres. On the basis of my knowledge, information and belief. I certify to Fambro Company and Plano Title Company that as a result of a survey made on the ground to the normal standard of care of Professional Land Surveyors practicing in the Scare of Texas, 1 find that this survey was made as per the field notes shown on this survey and is true, correct, and accurate as to the boundaries and areas of the subject property and the: size, location and type of buildings and improvements thereon, if any, and as to the ocher matters shown hereon, and correctly shows the location of all visible easements and rights-of-way and of all rights-of- way, casements and any ocher matters of record of which I have knowledge or have been advised, whether or not of record, affecting the subject propertyy. Except as shown on the survey, there are no encroachments upon the aubjret property by improvements on adjacent property, there are no encroachments on adjacent property, streets, or alleys by improvements on the subject property, and there are no conflicts or protrusions. Adequate ingress to and egress from the subject property is provided by State Highway No. 121 and F. M. Highway No. 2478, same being paved, dedicated rights- of-way maintained by the State of Texas. Jack W. Roome. Registered Public urveyor, No. 295 City of Atien TO: MAYOR AND MEMBERS OF ALLEN CITY COUNCIL I ti— FROM: MCCARTY, CITY MANAGER SUBJECT: DISANNEXATION REQUEST DATE: AUGUST 14, 1987 BACKGROUND In mid-July the City received a request from a representative of the property owner asking that the City disannex the 8.6 acres located immediately at the southeast intersection of Custer Road and S.H. 121. This disannexation request was based upon the property owner's understanding that Custer Road (F.M. 2478) would be realigned to the east side of his property and because of the existing agree- ments between the Cities of Plano and Allen stipulating that Custer Road, its present or future alignment will serve as the boundary line between the two jurisdictions. ANALYSIS The present configuration of F.M. 2478 requires that either the northern section (north of S.H. 121) be realigned to accommodate the existing alignment of the roadway south of S.H. 121 or in the reverse. The intersection of Custer Road and S.H. 121 represents boundaries of four cities. On the northeast is McKinney, southeast is Allen, southwest is Plano, northwest is Frisco. I understand all four cities are in agreement with this proposed alignment. We also learned from Plano that they have an agreement with the State Department of Highways and Public Transportation requiring that the Highway Department construct F.M. 2478 from Legacy to McDermott with the City of Plano constructing F.M. 2478 from McDermott to S.H. 121. I understand from Plano representatives that Collin County will probably participate in the construction costs because multiple jurisdictions are involved. The City of Allen's participa- tion at this point will be to assist (through the planning process) in the acquisition of right-of-way for the proposed alignment. One Butler Circle - Allen. Texas i 5002.214/727-9171 Metro 214/424-7518 Attachment To bRDINANCE NO. 804-878.7 ADOPTED 8-2.0-87 "EXHIBIT All N CALF. 1"=100" IV 0 79.39 -� Ptd/NT OF LiEGI'VN]NG N2 012'40", 72.220 Conc. R.O.W. Monument CO C4 ' Hwy. srn`t, - Vol. 5 0, P0. 330 } CJ 0 00r, co N2 1'26" ' 2 fir' 1 31.76 Conc. R.O.W. -Monument ooO No ro i0 1 N66055'30"E 101.310 . 1 Iry v� cA Wood R.O. 'cf ' Monument ,-- Fd. 1. R. S89016 -'20"W 7 706 S 6 T�'5 'U3"E 4r a3, _ N69044'0VE X3.60' i Cone. ,Q,W; Mo -num t i Approx. 100 Yr. Flood Plain Line I 751148 Jr SQ. FT. 8.614 ACRE -8 S ra 1 0 1 X60 0.0 ` . 1 Iry v� cA Wood R.O. 'cf ' Monument ,-- Fd. 1. R. S89016 -'20"W 7 706 S 6 T�'5 'U3"E 4r a3, _ N69044'0VE X3.60' i Cone. ,Q,W; Mo -num t i Approx. 100 Yr. Flood Plain Line I 751148 SQ. FT. 8.614 ACRE -8 20' Esm`t, Vol. 407. Fig. 499 Defined Vol. 696, Pg. 772 LLJ simpoola M. pullfu,,M Surveys, Abstract No. 707 HIOh Bank Q 4 oox o Wtjit� our 48y, Abotraot No. 9 Crae� Bank Fd. 1. R. i NOTE: Approximate location and area as determined from National Flood Insurance Program, Flood Insurance Rate Map No, 480131 0001 B, City of Allen, dated June 1, 1978. Approximately 7.7 acres. I SURVEY PLAT DATE: September 12, 1984 SITUATED in the State of Texas and County of Collin, being a part of Simpson M. Pulliam Survey, Abstract No. 707 and a part of the George White Survey,. Abstract No. 993, being the same premises described and conveyed as "tract I by deed recorded in Volume 917, Page 515 of the Collin County Deed Records and to which reference is herein made for further description: BEGINNING on the south line of State Highway No. 121 at an iron rod found marking the northeast end of a sight distance corner cutoff line to F. M. Highway No. 2478; THENCE with the south line of State Highway No. 121, North 66"52'10" East, a distance of 79.39 feet to a concrete monument; THENCE continuing with the south line of State Highway No. 121, North 5555'30" East, a distance of 101.81 feet to a concrete monument; THENCE continuing with the south line of State Highway No. 121, North 67'11'00" East, a distance of 495.72 feet to a concrete monument on the northwest end of a sight distance corner cutoff line to a county road; THENCE with said cutoff line, South 57'15'03" East, a distance of 44.28 feet to a concrete monument; THENCE North 69°44'08" East, a distance of 23.50 feet to an iron rod found on the centerline of said county road; 'WHENCE with the centerline of said county road, South 0°45'27" East, a distance of 663.00 feet to the center of a creek; THENCE South 87"03'22" West, a distance of 538.20 feet to an iron rod found for angle point; THENCE South 89'15'20" West, a distance of 36.50 feet to an iron rod found on the east line of aforementioned F. M. Highway No. 2478; THENCE with the east line of F. M. Highway No. 2478, North 21°25'10" West, a distance of 31.75 feet to an iron rod found for angle point; THENCE continuing with the east line of said F. M. Highway No. 2478, North 20036'00" West, a distance of 352.55 feet to a concrete-: monument found marking the southwest end of a sight distance corner cutoff line; THENCE with said cutoff line, North 22012'40" East, a distance of 72.22 feet to the place of beginning and containing 375,248 square feet or 8.614 acres. On the basis of my knowledge, information and -belief, I certify to Fambro Company and Plano Title Company that as a result of a survey made on the ground to the normal standard of care of Professional Land Surveyors practicing in the State of Texas , I find that this survey was made as per the field notes shown on this survey and is true, correct, and. accurate as to the boundaries and areas of the subject property and the size, location and type of buildings and improvements thereon, if any, and as to the other matters shown hereon, and correctly shows the location of all visible easements and rights-of-way and of all rights-of- way, easements and any other matters of record of which I have knowledge or have been advised, whether or not of record, affecting the subject property. Except as shown on the survey, there are no encroachments upon the subject property by improvements on adjacent property, there are no encroachments on adjacent property, streets, or alleys by improvements on the subject property, and there are no conflicts or protrusions. Adequate ingress to and egress from the subject property is provided by State Highway No. 121 and F. M. Highway No. 2478, same being paved, dedicated rights- of-way maintained by the State of Texas. acT_W oome , Registered Ful is surveyor, No. 295 P O �� o �r49wOaaec .. . JACK{UV. RaoME ... . s v�aru uv ry wyy uJVt.ary b`tV9. 295 d Aro a t 6 Ski r N r \ I I X660 W.E. DAVENPORT / / h° / E%LSTNG f M. 2118 - 1 640 1 \ \ IMICHAEL KCEPAK rl I TRUSTEE \ I I—J / F.M. 2470 121 ASSOC.' i i i \ -7 \\ O I i \ MONTY \ ACKSONI b0 I . KNIGFIT\ � \ SAO i r av PROPOSEO �� l ` LW CU:i7Eq q0,\O e�0 OUARRY 650 - _ �� t — r _ E%ISTNO CUSTER ROAD / O CEMETERY i / o rn T R J / EXISTING CUS E ROAD_T EXISTIN PG ROPERTY LINE � 6T0 1) Sc.l. 1' Zoo' D.1. 6/22187 D..Ip ed by-. J.J. TONTR D,&*w b, N.J JAOKOWIAK chocked by. b). A.W. KELLY _--- A,Y,4v,1 by, ".W K611Y _ ►f.1.Cl N.. 04/2.01__ • � I I I , 1 I � 1 ' \\ ' $TA. 43.30 I i I / r \ +ter lob i Z •. \\ 1 r s l� a -- — I —� "C _ , �a /0 I i �i-- _ � _ \� _ H` \\ i Nrn \ VNi I ko D \ 0 1 (1 \ Efi GSp 1 �oCuslf 4040'-- -�� o — No. D.1• Review STATE HIGHWAY 121 PLAN SCHEMATIC DESIGN Barton-Aschm� Associates, Inc FM 2478 TO CUSTER ROAD COLLIN COUNTY ALTERNATIVE A DEPARTMENT OF PUBLIC WORKS