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HomeMy WebLinkAboutO-1111-6-92ORDINANCE NO. 1111-6-92 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXIMATELY 63.111 ACRES LOCATED IN THE R. C. CD WHISENANT SURVEY, ABSTRACT NO. 1012, COLLIN COUNTY, TEXAS, AND o EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID 0 HEREINAFTER -DESCRIBED PROPERTY WITHIN THE CITY LEWTS 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 said 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 notices were duly published, public hearings on the proposed annexation were held by the City Council of Allen on May 21, 1992, all in strict compliance with V.T.C.A., Local Government Code, Chapters 42 and 43; 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 c.ithin the city limits of the City of Allen, Texas, and the same shall hereafter be included within the territorial 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 V.T.C.A., Local Government Code §43.056, 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 AND APPROVED BY THE CITY COUNCH. OF THE CITY OF ALLEN, TERAS, ON THE 18th DAY OF JUNE , 1992. APPROVED: I 0F. e i., �O`ED J•O FORM: 9 ��a 0000ca� J06 Farmer, MAYOR ATTEST: will CITY SECRETARY 1111-6-92 ' Ordinance No. Page 2 J� ,LEGAL DESCRIPTION EXHIBIT "A" ORDINANCE 1111-6-92 Being a tract -of land situated in the R.C. Whisenant Survey Abstract No. 1012, in the City of Plano, Collin County, Texas, and being part of a 104 acre tract as described in Volume 486, Page 361, of the Deed Records of Collin County, Texas, and part of a 25 acre tract as described in Volume 486, Page 369 of said Deed Records, and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod at the northeast corner of a 71.712 acre tract of land as described in Volume 3266, Page 108, of said Deed Records, said point being in the north line of said 104 acre tract, also being the southwest corner of a tract conveyed to Cottonwood Partners as described in Volume 2241, Page 755, of said Deed Records; THENCE, South 88023124" East with the north line of said 104 acre tract, being the south line of said Cottonwood Partners tract, for a distance of 254.14 feet to a 1/2 inch iron rod; THENCE, South 89'25123" East continuing with said north and. south lines for a distance of 550.24 feet to an axle found; THENCE, South 89033'01" East continuing with said north and south lines and the north line of the above referenced 25 acre tract for a distance of 553.54 feet to a 1/2 inch iron rod, said point being the southeast corner of said Cottonwood Partners tract; THENCE, South 88°53'05" East continuing with the north line of said 25 acre tract for a distance of 198.29 feet to a point in the centerline of Cottonwood Greek, said point also being in the west line of Heritage Park Greenbelt / Floodlain Dedication, as recorded in Volume G, Page 354, of the Plat Records of Collin County, Texas; THENCE in a southerly direction with the centerline of said Cottonwood Creek, being the west line of said Heritage Park Greenbelt / Floodplain Dedication, and the east line of said'25 acre tract, for the following five (5) calls: 1. South 02027126" West for a distance of 381.10 feet; 2. South 20042128" West for a distance of 392.21 feet; 3. South 09049158" West for a distance of 208.81 feet; 4. South 06'14155" East for a distance of 398.52 feet; 5. South 17'01145" East for a distance of 142.10 feet to a point in the centerline of said creek, being the northeast corner of a 6.37 acre tract of land as described in Volume 941, Page 459, of said Deed Records; THENCE, South 76°28127" West, departing the centerline of said creek and with the north line of said 6.37 acre tract, at 39.86 feet pass a 1/2 inch iron rod on the high bank of said creek, and continuing for a total distance of 775.62 feet to a 1/2 inch iron rod at the northwest corner of said 6.37 acre tract; THENCE, South 03°13118" West with the west line of said >6.37;acre tract, for a distance of 161.10 feet to a 1/2 inch iron�,zod;':�`�. THENCE, South 09'51'59" East, continuing with said westr"line'fo a distance of 85.20 feet to a 1/2 inch iron rod at the base of a'` corner post, being the southwest corner of said 6.37 at�te,tract, also being a point in the north line of a 6.55 acre tract as described in Volume 2161, Page 901 of said Deed Records; EXHIBIT "A" ORDINANCE NO. 1111-6-92 THENCE, South 89'38134" West with the north line of said 6.55 acre tract for a distance of 47.30 feet to a 1/2 inch iron rod in a fence line, said point being the northwest corner of said 6.55 acre tract; THENCE, South 03'18136" West, with the general course of said fence line, for a distance of 300.00 feet to a 1/2 inch iron rod, said point being the southwest corner of said 6.55 acre tract, and being in the south line of the above referenced 104 acre tract; THENCE, South 89'38134" West with the south line of said 104 acre tract for a distance of 653.93 feet to a 1/2 inch iron rod, said point being in the east line of Chaparral Road Right -Of -Way Dedication as recorded in Volume E, Page 194, of said Plat Records; THENCE, North 00°25146" East with the east line of said Chaparral Road Dedication, at 38.81 feet pass a 1/2 inch iron rod at the northeast corner of said Chaparral Road Dedication and being the southeast corner of the above referenced 71.712 acre tract, and continuing with the east line of said 71.712 acre tract for a total distance of 2236.40 feet to the POINT OF BEGINNING and containing 63.111 acres of land. SURVEYORS CERTIFICATE I do hereby certify that a survey was made on the ground under my supervision in October, 1991, and that this map correctly represents the facts found at the time of survey and that this professional service conforms to the current Texas Society of Professional Surveyors Standards and Specifications for Category 1A, Condition II. Q �v7 / doc'- Warren L. Corwin Registered Professional Land Surveyor No. 4621 r/ ,6 -?2- Date: EXHIBIT "A" ORDINANCE NO. 1111-6-92 CHAPARRAL R CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 1111-6-92 Date of Adoption of Annexation Ordinance: Acreage Annexed: 63.111 Acres June 18, 1992 Survey, Abstract & County: Located in the R. C. Whisenant Survey, Abstract No. 1012, Collin County, Texas. 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 B. C. 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 four and one-half (41/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Within four and one-half (41/2) years from the date of adoption of the annexation ordinance, the same level of police services will be provided to this area as are furnished throughout the city. 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 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 utilization, and population density of the area, as determined by the City Council, within four and one-half (41/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. 3. Within four and one-half (41/2) years from the date of adoption of the annexation ordinance, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the city. 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 D. E. F. 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 mentioned above, will be provided to this area beginning within 60 days of the effective date of the annexation ordinance. 5. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, 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. 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. 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. 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 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. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, 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. r: ;-, , I . , , Service Plan - Ordinance No. 1111-6-92 Page 2 13 G. E" I. 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. 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 the electric utility providing street light service in accordance with current city policies. Water Services 1. Connection to existing city water mains for water service for 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 four and one-half (4-1/2) 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. 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. Service Plan - Ordinance No. 1111-6-92 Page 3 '�� 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 be in accordance with applicable city ordinances and regulations. Such extensions will be commenced within four and one- half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development of a subdivision within the property, whichever occurs later. 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. 3. This plan further incorporates, where applicable, as though fully written herein, all requirements of V.T.C.A., Local Government Code §43.056 relating to the provision of municipal services to areas annexed by municipalities. Service Plan - Ordinance No. 1111-6-92 1 1992/07/14 10:19 W-OO4" OR 24-00 C&LIN C01111TY, TX 1 '•J Page 4 SI ANY THE IDI��IENSffCRN8 0 1 1 Y 1 s�1� I L OR RACE 1S ME S#j Of TEIV I All A AL LA II Mriry' wFreer4kt Is I umeM was FILE$ in the FINN IW /ale �n tM dMa dine siyu00 herein by me: and s iuly RE O DED. M fha 1 1uAlk IIIIacaN Al A l Prep ro of CON 0 County., we on - JUL 141992 w �:• Return To: CITY SECRETARY City of Allen One Butler Circle Allen, Texas 75002 2 0 50 100 200 SCALE I" - 100' CB 4 , LTD. ( 71.712 ac. ) VOL. 3266, PG. 206 Ti.L. VOL. , PG. 194 0 1� MH • Ili Q lqj- Ln N 0 0 0 COR. POST /2ItIR - 09051 1 .201 89038 1 34 11 411 YY — 47.30 DONALD WAYNE UNRUH ( 6.55 ac. ) VOL. 2161 , PG. 901 1/2" IR 63111GIc. BOUNDARY SURVEY R.C. WHISENANT SURVEY ABSTRACT N0. 1012 CITY OF PLANO, COLLIN COUNTY, TEXAS CORWIN ENGINEERING, INC'. 3023 ROUTH STREET DALLAS, TEXAS 75201 NOVEMBER 1991 FILE 9 124 a GRAVEL DRIVE o ; f� r' 0 T. ALONG SOUTHERN BOUNDARY VOL. 722, PG. 371 1/2 IR , 1 Y w w f r a f rM � a f �'a . �- r �. s . � w r 653.93 . • • � • P r , .. .: s . f • • a ' a . 09051 1 .201 89038 1 34 11 411 YY — 47.30 DONALD WAYNE UNRUH ( 6.55 ac. ) VOL. 2161 , PG. 901 1/2" IR 63111GIc. BOUNDARY SURVEY R.C. WHISENANT SURVEY ABSTRACT N0. 1012 CITY OF PLANO, COLLIN COUNTY, TEXAS CORWIN ENGINEERING, INC'. 3023 ROUTH STREET DALLAS, TEXAS 75201 NOVEMBER 1991 FILE 9 124 a 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 Public Hearina Mav 21 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Sunday. Mav 10. 1992 and which was issued on May 10, 1992 , by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this /a day oil fes'' V.A. TODDios bw 6, D MY COMMISSION FXPI Publisher's fee $ 12.38 A. D. 19 9a PUBLIC in and for COLLIN COUNTY, TEXAS CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Cbuncil will conduct a public hearing at their regular meeting to be held on Thur - day, May 21, 1992, at 1:00 p.m. and 7:30' p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, I Texas, to consider a. request to annex 63.111 acres of land located north of Cha- parral Road and west of Cottonwood Creek as requested by Issam Karonouh (CB4, Ltd.). .This request is on 63.111 acres of land in the R. C. Whisenant Survey, Abstract No., 1012, Collin County, Texas. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice their opinion. For further information, contact the, City Secretary, City of Allen, On 3 Butler Circle, Allen, Texas, or by telephoning 727-0105. /s/ Judy Morrison City Secretary r 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 #111E-6-92 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Wednesday June 24, 1992 & Sunday June 28, 1992 and which was issued on June 24, 1992 by City of Allen of COLLIN COUNTY, TEXAS. A printed copy of said publication -is attached hereto. SUBSCRIBED AND SWORN to before me this /to day of V.A. TODD MY COAAMIS610N EXPIRES DOOMbK 5,1092 Publisher's fee $ 31 . 50 .D. 19_9_� PUBLIC in and for COLLIN COUNTY, TEXAS 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, June 21, 1992 (Title only): Ordinance No. 1111-6-92: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Ter- ritory to the City of Allen,. Texas Approxi- mately 63.111 Acres Located in the R.C. Whisenant Survey, Abstract No. 1012, 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 i Inhabitants and Owners of Said Property All of the Rights and Privileges of Other I 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. A copy of this ordinance may be read or purchased in the office of the City Secret- I ary, City of Allen, One Butler Circle, Allen, f Texas 75002. /s/Judy Morrison I City Secretary 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, June 21, 1992 (Title only). Ordinance No 1111-6-92 An Ordinancei of the City of Allen, Collin County, Texas,i Annexing the Hereinafter -Described Ter -1 story to the City of Allen. Texas. Approxi- mately 63 111 Acres Located in the R C. Whisenant Survey, Abstract No. 1012, 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 � _ffective Date of Said Ordinance (15, copy of this ordinance may be read or Purchased in the office of the City Secret- .iry; City of Allen, One Butler Circle, Allen, .)-exas 75002 a -/Judy Morrison F;ity Secretary CITY OF ALLEN ORDINANCES & RESOLUTIONS YEAR (11M ORDINANCE/RESOLUTION IIH DRAWINGS) LOCATED HERE IN THE FILE, WERE FILMED ON A (number) 35MM MICROFILM ROLL. THE ORIGINAL ROLL WAS DUPLICATED, AND THE DUPLICATE ROLL LOADED INTO MICROFILM JACKETS. The 35mm microfilm jackets for the entire year are filed at the end of all 16mm microfilm jackets for that year. All 16mm and 35mm jackets are consecutively numbered.