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Home My WebLink AboutO-1063-11-913850 320 ORDINANCE NO. 1063-11-91 m AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A PORTION OF A SANITARY SEWER EASEMENT LOCATED ON o A TRACT OF LAND SITUATED IN THE G. W. FORD SURVEY, ABSTRACT NO. m 328, AND FURTHER BEING A PART OF THE COTTONWOOD BEND NORTH PHASE II, AN ADDITION TO THE CITY OF ALLEN, AS RECORDED IN CABINET G, PAGE 24, 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 Phase II; 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, at the request of the Cottonwood Bend North developer, has recommended that the portion of sanitary sewer easement be abandoned; and, WHEREAS, ttie' 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" is 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. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 II 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" ' PRQVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 21 s t� iDA�MIYOVEMBER, 1991. V r, - APPROVED: • ' ` % Jda Farmer, MAYOR ATTXST: ' J y Mo' icon, CITY SECRETARY EXHIBIT "A" ORDINANCE 1063-11-91 ti i.FIELD NOTES 3850 33 1 _ SEWER EASMUMT ABANDONKENT 1972.esm/wp8 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 - Replat, an addition to the City of Allen, Texas, as recorded in Cabinet G, Page 24, of the Land 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.); THENCE, N 0* 23' 30" W, along said East line of Ashwood Drive, a distance of 122.89 feet to the PLACE OF BEGINNING; THENCE, N 080 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 - Replat, said point also being on the North line of a 16' wide alley; THENCE, N 890 541•11" E, along said North line of Cottonwood Bend North, Phase II - Replat, and the said North line of a 16' wide alley, a distance of 30.31 feet; THENCE, S 08' 19' E, leaving said North line of Cottonwood Bend North, phase II - Replat, a distance of 898.85 feet to a point on the said East line of Ashwood Drive; 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 30,262 square feet or 0.6947 acres of land. S C M EXHIBIT "B" 385-0 333 ORDINANCE 1063-11-91 N 89•54'11"E G3 eel eT to e! DON A. TMON, INC. SEWER EASEMENT . ABANDONMENT CON3Ul71M0IMIN[LRS COTTONWOOD BEND NORTH PHASE II M WAUMRw erre e.wv. ma ALLEN TEXAS, ' Drawn Checked I Date I Scale NO. C.L. D.A.T. 1 I t— 86 I`- iA0• I I942 ..,...��. -.5 - �h. W x � zl'a t4 es O m YOUPON :e, c+ DRIVE U 1- £ 0 ` : s f4 ! COTTONWOOD BEND NORTH 1 *` PHASE II -114 m i, WILLOW DRIV <! 44 l 4JLJ �' 44 4S O 'V HOLLY CIRCLE Place Of Begieniti eo61 o•t!'eo-w Iee.89• -. SG Pate Of Commencing BETHANY ";' ROAD w •.r J,.., a ..0 7Cf !fl L X7 ,YTY&.1 t11j.w DON A. TMON, INC. SEWER EASEMENT . ABANDONMENT CON3Ul71M0IMIN[LRS COTTONWOOD BEND NORTH PHASE II M WAUMRw erre e.wv. ma ALLEN TEXAS, ' Drawn Checked I Date I Scale NO. C.L. D.A.T. 1 I t— 86 I`- iA0• I I942 ..,...��. -.5 - Return To: CITY SECRETARY City of Allen One Butler Circle Allen, Texas 75002 3 85 0 334 A - WHII,H RESTRiCTS ri{r nR FUt;�k pk MCE'iS ofrTHE DESCRIBEFC RICAI. f appERi UfF a t;Fr IMAM AHO ba"F&CEREIE UNDER THE STME BOIL R S i niF NUmoc� Seqq fence COON he earthYi`ne tarn. ma> 'luly CrCURDt.D 1 Mreby cemty that this rostrument of Cuilrr Lc mtr 1e " an on the date and the time �Iamp� in the official Public Records of Real ProperAh oE� 0 5 Iss, r�M1I , l C Ui COCLERK TEXAS `�a ,i %+� 1991/12/05 1:13:03 91-0067%6 OR 1.00 COVIN COINTY, TX STATE OF TEXAS COUNTY OF COLLIN Filed on the date and time stamped hereon by me and was duly recorded in the volume and page of the named records of Collin County. Tpxgs as stamoed hereon by me DEC 0 61991 COUNTY CLERK. Coi:in County. Texas AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1063-11-91 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday. November 27, 1991 and which was issued on November 27 . 1991 _ , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this ` day of !�>A.D. 19 iLA ` Y.A. TODD11 V d, J, MY COMMISOM ExflAE3 5,102 'ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $13.50 ___ CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, November 21, 1991 (Title Clause only): Ordinance No. 1063-11-91: An Ordinance of the City of Allen, Collin County, Texas, Abandoning a Portion of a Sanitary Sewer Easement Located on a Tract of Land Si- tuated in the G. W. Ford Survey, Abstract No. 328, and Further Being a Part of the Cottonwood Bend North Phase II, an Addi- tion to the City of Allen, as Recorded in Cabinet G, Page 24, of the Deed Records of Collin County, Texas; Providing for Exhi- bits "A" and "B'; Providing for a Severabil- ity Clause; and Providing for an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison 1� AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1063-11-91 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Sunday .• DecQ ber_ 1 , 1991 and which was issued on December 1 , 1991 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publiRtion is attached hereto. ."..SUB. - 113 -ED AND SWORN to before me this day of `*\ V.A. TODD MY CCMMIS610N EXPIRES 19 9a ARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 13.50 __ —_ CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, November 21, 1991 (Title Clause only): Ordinance No. 1063-11-91: An Ordinance of the City of Allen, Collin County, Texas, Abandoning a Portion of a Sanitary Sewer Easement Located on a Tract of Land Si- tuated in the G. W. Ford Survey, Abstract No. 328, and Further Being a Part of the Cottonwood Bend North Phase Il, an Addi- tion to the City of Allen, as Recorded in Cabinet G, Page 24, of the Deed Records of Collin County, Texas; Providing for Exhi- bits "A" and "B'; Providing for a Severabil- ity Clause; and Providing for an Effective Date. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002. /s/ Judy Morrison,