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Home My WebLink AboutO-1254-5-94ORDINANCE NO. 1254-5-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AUTHORIZING THE CITY MANAGER TO EXECUTE AN EASEMENT FOR A WATER PIPELINE TO THE NORTH TEXAS MUNICIPAL WATER DISTRICT, IN ACCORDANCE WITH THE EASEMENT DOCUMENTS ATTACHED HERETO AND MADE A PART HEREOF FOR ALL PURPOSES; FINDING AND DETERMINING THAT THE MEETING AT WHICH THIS ORDINANCE IS PASSED IS OPEN TO THE PUBLIC AS REQUIRED BY LAW. NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: That the City Manager be and is hereby authorized to execute an easement for a water transmission line to the North Texas Municipal Water District, in accordance with the easement document attached hereto and made a part of this ordinance for all purposes. SECTION 2: That it is hereby officially found and determined that the meeting at which this ordinance is passed is open to the public as required by law and that public notice of the time, place, and purpose of said meeting was given as required. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 19TH DAY OF MAY , 1994. APPROVED'A4 TO '1011M: APPROVED: Me Fanner, MAYOR ATTEST: A. Don Crowder, CITY ATTORNEY Ju Mo , CMC, CITY SECRETARY EASEMENT FOR WATER PIPELINE STATE OF TEXAS 9 9 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN 5 THAT the CITY OF ALLEN (hereinafter called "Grantor") for and in consideration of the sum of TEN AND N0/100 DOLLARS ($10.00) to it cash in hand paid, have granted, sold and conveyed, and by these presents does grant, sell, and convey unto the NORTH TEXAS MUNICIPAL WATER DISTRICT (hereinafter called "Grantee") an easement in, over, across and through those certain premises owned by Grantor to construct, operate, reconstruct, perpetually maintain and remove a pipeline for the transportation of water, with all incidental equipment and appurtenances, on, over, under and through the following described lands situated in Collin County, Texas, to -wit: BEING a strip of land for a water line easement eleven (11) feet in width. Being over, under and across a tract of land situated in the J. T. Roberts Survey, Abstract No. 777 and the Henry Wetsel Survey, Abstract 1026, Collin County, Texas.. Being in the Right -of - Way of Exchange Parkway from State Highway 5 to County Road 2164 (Malone Drive) in the City of Allen, Collin County, Texas. SEE ATTACHED EXHIBIT "A" FOR CENTERLINE DESCRIPTION. along with a temporary construction easement described in the attached Exhibit "A" for the purpose of excavation, construction, and laying of said pipeline. The said temporary Construction Easement granted herein and described in the attached Exhibit will terminate and cease upon completion of the installation and testing of said pipeline. The Grantees herein, their have, and it is hereby granted over the subservient estate for the easement herein granted. easement for water transmission nances. successors and assigns, shall the right of ingress and egress the limited purpose of accessing The Grantees shall utilize the pipeline and necessary appurte- The said Grantor herein, its successors and assigns, expressly reserves the right to fully use and enjoy the premises covered by the above described easement, including the right to install, operate and maintain public utilities or roadways within or across the easement area; and, further, to authorize public utility companies or developers extending public utilities similar rights, provided such use of the easement area by Grantor, its successors or assigns, shall be compatible with the use of the easement by the Grantee. Grantor, its successors or Page 1 EASEMENT FOR WATER PIPELINE assigns, shall not erect buildings or permanent structures over ( the said easement without the consent of the Grantee. The said Grantee further covenant and agree to pay for any damage that may be done to crops or fences by constructing and maintaining such pipeline and appurtenances. In addition to the consideration above recited for the use of said easement, the Grantee will restore to a condition as good or better said property including fences, driveways, drainage channels, and other improvements damaged through the use of said easement. TO HAVE AND TO HOLD unto the said North Texas Municipal Water District their successors and assigns, the above described easement, and the City of Allen does hereby bind itself and its administrators to warrant and forever defend all and singular the said premises to the North Texas Municipal Water District their successors and assigns, against every person whomsoever lawfully claiming or to claim th'e same or any part"thereof herein. WITNESS MY HAND this the 23rd day of May ACKNOWLEDG] THE STATE OF TEXAS 5 COUNTY OF COLLIN 5 MITSMy CITY OF ALLEN, TEXAS BEFORE ME, the undersigned authority, on this day personally appeared Jon McCarty known to me to be the person and officer whose name is subscribed to the foregoing instrument, and acknowledged to me that the same was the act of the said CITY OF ALLEN, a municipal corporation, and that he executed the same as the act of such corporation for the purposes and consideration therein expressed, and in the capacity therein stated. GIVEN under my hand and seal of office, this 23rd day of May 1994. NOTARY PUBLIC IN AN FOR EWWNR.MOMI,LION THE STATE OF TEXAS NftFftSftd IbIC®a6pi1110= - Page 2 - PLANO-MCKINNEY PIPELINE TRACT NO., E-301 DATE: APRIL 14, 1994 NORTH TEXAS MUNICIPAL WATER DISTRICT WATER LINE EASEMENT FIELD NOTE DESCRIPTION CITY OF ALLEN BEING a strip of land for a water line easement eleven (11) feet in width. Being over, under and across a tract of land situated in the J. T. Roberts Survey, Abstract 777 and the Henry wetsel Survey, Abstract 1026, Collin County, Texas. Being in the Right -of -Way of Exchange Parkway from State Highway 5 to County Road 264 (Malone Drive) in the City of Allen, Collin County, Texas. Said eleven (11) foot easement being five and one-half (5.5) feet right and left of the following described centerline: COMMENCING at the intersection of the South Right -of -Way line of Exchange Parkway and the East Right-of-way line of State Highway 5; THENCE North 230 28' 45" East 48.62 feet along the West Right - of -Way line of Exchange Parkway, also along the East Right -of -Way line of State Highway 5 to the POINT OF BEGINNING; THENCE the following course and distance North 890 42' 38" East 1186.62 feet, North 89° 47' 15" East 1444.40 feet, North 890 46' 35" East -1901.16 feet, North 890 23' 15" East 1207.36 feet and North 89° 23' 00" East 1567.22 feet being at all times five and one-half (5.5) feet South of and parallel with the North Right-of- way line of Exchange Parkway (501 R.O.W.), also being at all times forty-four and one-half (44.5) feet North of and parallel with the South Right -of -Way line of Exchange Parkway to a point of termination in the centerline of County Road 264 (Malone Drive), also in the West line of a called 50.265 acre tract (Volume 2662, Page 001) and containing, more or less, 1.845 acre of land. Also a temporary construction easement parallel -with and adjacent to the north line of the above described permanent easement, extending north to the north right-of-way line of Exchange Parkway. 5097E-301 Reese AMO Nk ok rrc CONSULTk40 040NEERS I.n w.w R Ano w EXCHANGE PARKWAY J.Q0 R. 0. W. cr 50' 50'- = EXISTING R.O.W. FUTURE K.O.W. o 9•5' 1 23 17.5' 17.5' 23' 9.5' o V) - - -- z B TO 6 B TO B 11.5' 12 11.5' tai 7 W o a ui a Oi of v 0� a' IL rte, 3-8-9-t N TO 93233 RD—EXCH.OWG J. W. G. NORTH TEXAS MUNICIPAL WATER DISTRICT PLANO — McKINNEY PIPELINE LOOKING WEST ON EXCHANGE PARKWAY h'IG► I POINT OF COMMENCING 1/2' I.R.F. N SCALE 1" = 400' O, S N23'28'45"E I 48.62 POINT OF BEGINNING W ' 00 cV cD av1 I o2 co I � ZI ESM T. \ I EASEMENT DETAIL CALLED 96.9132 ACRES WESTERN FEDERAL SAVINGS AND LOAN ASSOCIATION VOL. 3787, PAGE 164 �I a CC) p, o zl W x C7 o I v � U I _ ELEVEN (11) FT. WOE WI WATER LINE EASEMENT W� r� co Z CALLED 1.0 ES EUGENE HOLMES VOL. 1623, PAGE 951 I ELEVEN (11) FOOT WIDE EASEMENT EXCHANGE PARKWAY (50' R.Q.W.) CITY OF ALLEN COLLIN COUNTY, TEXAS L., PLAT 1 OF 3 NORTH ,TEXAS MUNICIPAL WATER DISTRICT WATER LINE EASEMENT PLAT PLANO - MCEINNEY PIPELINE CITY OF ALLEN APRIL 14, 1994 TRACT NUMBER 901 ff: �Z A SCALE 1" I = 300' CALLED 96.9132 ACRES 5.5'� I WESTERN FEDERAL SAVINGS AND LOAN ASSOCIATION Z11 I I VOL. 3787, PAGE 164 ESMT. I ED 1.0 ACRES I HOLMES [V:E:UG:ENE 623, PAGE 951 Z' - t~ ELEVEN (11) FT. MADE ^� H WATER LINE EASEMENT U EASEMENT DETAIL 11� M CALLED 20.0 ACRES B. M. GRANTLANO ti VOL. 2165, PAGE 707 w t Q ul) I CALLED 0.5 ACRES rn BILLY J. ENLOE Z VOL. 879. PAGE 169 W � a o I CALLED 300' X 300' TRACT to FLOYD E. BEDELL, JR. v VOL. 3105, PAGE 564 W I CALLED 1.0 ACRES DAVID R. WOR THAM IVOL. 3787 PAGE 164 I CALLED 376.462 ACRES EDWARD A. PETERSON, TRUSTEE VOL. 2665, PAGE 68 ELEVEN (11) FOOT WIDE EASEMENT EXCHANGE PARKWAY (50' R.O.W.) CITY OF ALLEN COLLIN COUNTY, TEXAS PLAT 2 OF 3 NORTH TEXAS MUNICIPAL WATER DISTRICT WATER. LINE EASEMENT PLAT PLANO - MCKINNEY PIPELINE --FCITY OF ALLEN APRIL 14, 1904 TRACT NUMBER 301 CALLED 1.0 ACRES DAVID R. WORTHAM VOL. 3787, PAGE 164 J ELEVEN (11) FT. WIDE WATER LINE EASEMENT J � I co I ESMT.I v I X W 1 SCALE 1" =300' LINE DIRECTION DISTANCE L1 N89'46'35"E 87.52' L2 N89 -2315'E 1207.36 L3 N89-23 00 E 1567.22 EASEMENT DETAIL -� CALLED 376.462 ACRES EDWARD A. PETERSON, TRUSTEE VOL. 2665, PAGE 68 ELEVEN (11) FOOT WIDE EASEMENT EXCHANGE PARKWAY (50' R.O.W.) CITY OF ALLEN COLLIN COUNTY, 'TEXAS COUNTY ROAD 264 (MALONE DRIVE) CALLED 50.265 ACRES JOHN COLE. TRUSTEE VOL. 2662, PAGE 001 PLAT 3 OF 3 NORTH ,TEXAS MUNICIPAL PATER DISTRICT WATER LINE EASEMENT PLAT PLANO — McE NNEY PIPELINE CITY OF ALLEN APRIL 13, 1994 TRACT NUMBER 301 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 XW@Fwar.raTa-=/jk��e 111111111 of which the attached is a true and written copy, and which was published in THE ALLENAMERICANon Wed. May 25 & Sunday May 29, 1994 and which was issued on May 25, 1994 by City of Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is_aqached hereto. SUBSCRIBED AND SWORN to before me this f day of��A.D 19gf/ V. A. TODD MY COMMISSION EXPIRES December 5,1996 Publisher's fee $ 2 2 . 5 0 Via. NOTARY 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, May 19, 1994 (Title only): Ordinance No. 1254-5-94: An Ordinance of the City of Allen, Collin County, Texas, Authorizing the City Manager to Execute an Easement for a Water Pipeline to the North Texas Municipal -Water District, in Accordance with the Easement Docu- ments Attached Hereto and Made a Part Hereof for all Purposes; Finding and Deter- mining that the Meeting at which this Ordi- nance is Passed is Open to the Public as Required by Law. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, Texas 75002-2773. /s/'Judy Morrison _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, May 19, 1994 (Title only): Ordinance No. 1254-5-94: An Ordinance of the City of Allen, Collin County, Texas, Authorizing the City Manager to Execute an Easement for a Water Pipeline to the North Texas Municipal Water District, in Accordance with the Easement Docu- ments Attached Hereto and Made a Part Hereof for all Purposes; Finding and Deter- rruning that the Meeting at which this Ordi- nance is Passed is Open to the Public as Required by Law. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, Texas 75002-2773. /s/ Judy Morrison City Secretary