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Home My WebLink AboutO-1298-11-94f ORDINANCE NO. 1298-11-94 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A UTILITY EASEMENT AS RECORDED IN VOLUME 1744, PAGE 832 OF THE DEED RECORDS OF COLLIN COUNTY, LOCATED ON A TRACT OF LAND SITUATED IN THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, AND FURTHER BEING A PART OF ENTERPRISES ADDITION II, AN ADDITION TO THE CITY OF ALLEN FILED IN CABINET G, SHEET 457 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City of Allen no longer requires the described utility easement; and, WHEREAS, the abandonment of the utility easement is requested by the landowner, InteCom Incorporated; NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS THAT: SECTION 1: The utility easement to the City of Allen, filed in Volume 1744, Page 832 of the Deed Records of Collin County, Texas, as shown in Exhibit "A", is hereby forever abandoned. SECTION 2: 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 3: This Ordinance shall become effective immediately upon its passage. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 3RD DAY OFNOVEMBER , 1994. p• F AQl9YlkD.0L4 FORM: oder, CITY ATTORNEY APPROVED: J e Farmer, MAYOR ATTEST: dy M rison, CMC, CITY SECRETARY i EXHIBIT "A„ ORDINANCE NO. 1298-11-94 THE STATE OF TEXAS ' KNOW ALL ME COUNTY OF COLLIN N BY THESE PRESENTS. THAT InteCom, Inc. of Collin County, Texas , in consideration of the' sum of Ten and no/100s dollars ($10.00) and other good and valuable consideration In hand paid by the City of Allen receipt of which is hereby acknowledged, do by these presents grant, bargain, sell and convey unto to the City of Allen , the free and uninterrupted use, liberty and privilege of the passage in, along, upon and across the following described property, owned by Grantor Situated in Collin County, Texas, in the Rufus Sewell Survey, Abstract No. 8 7 5. DESCRIPTION BEING 2 (two) tracts of land lying and being situated in the RUFUS SEWEtt SURVEY. ABSTRACT NO. 875, in the City of Allen, Collin County, Texas, and being more particu- larly described as follows: TRACT I BEGINNING at a point in the Easterly line of Enterprise Boulevard (60' R.0 W.) said point being S 11.30'00" W. 1429.82 feet, as measured along said Easterly line from the Northeast corner of Enterprises Addition No. 1, recorded in Cabinet 228, Page 11278 of the Hap Records of Collin County, Texas; a point for corner; THENCE S 78.30'00" E, 9.41 feet to a point for corner; THENCE S 08:00'45' W, 129,48 feet to a point for corner; THENCE S 49'45111" E, 171.16 feet to a point for corner; THENCE S 40.14'49' W, 10.00 feet to a point for corner; THENCE N 49.45111" W. 176.68 feet to a point for corner; THENCE N 08.00'45" E. 125.59 feet to a point in the Eastgrly line of Enterprise Boulevard, a point for corner; THENCE N 11.30'00' E. along the Easterly line of Enterprise Boulevard 10.00 feet to the POINT OF BEGINNING and containing 0.070 Acre (3,062 square feet) Of land, more or less. TRACT I COMENCING at the intersection of the South line of Intecom Drive (50' R.O.W.) with ! the West line S 11.30'00" W. alongethedWest'line of)Enterpriseo t corn THENCEBoulevatd 1374.00 feet ! to a point for corner; THENCE N 78.30100" W, 10.00 feet to the POINT OF BEGINNING, a point for corner; I THENCE S 11.30'00' W. 10.00 feet to a point for corner; THENCE N 78.30'00' W, 144.00 feet to a point for corner; THENCE N 11.30'00" E. 10.00 feet to a point for corner. THENCE S 78.30100" E. 144.00 feet to the POINT OF BEGINNING and containing 0.033 Acre (1,440 square feet) of land, more or less. i And it is further agreed that the said Grantor in consideration of the benefits above set out, will remove from the property above described, such fences, I' buildings and other obstructions as may now be found upon said property. ! , For the purpose of constructing any and all public utilities in, along, upon and across said premises, with the right and privilege at all times of the grantee herein, his or its agents; � employees, workmen and representatives having ingress, egress, mnd regress in, along upon and across said premises for the purpose of making additions to, improvements on and repairs to the said public ; 1 utili -ies or ,c uny pari thereof. , I TO HAVE AND TO HOLD unto the said City of Allen as aforesaid for the purposes aforesaid the premises above described. I' I, Witness my hand , this the 30th day of September 1' D�-8 ; Robert L. St wart Sr. Vice-president, Operations IV .e ORDINANCE NO. 1298-11-94 SINGLE ACKNOWLEDGMENTTHE STATE OF TEXAS COUNTY OF.... _,�./�u.lj�il. z } BEFORE ME, the undersigned authority, In and for said County, Texas, on this day personally appeared. U r.r,_pr_EGi dent o£ ... Opera tI ons._fnr_.SnteCom..... Inr-. __-,_ known to me'Fp,kq,th' pt4;tson ...... _Whose name ..... is.—..subscribed to the foregoing instrument, and acknowledged to me that ...... •h6 ,��( eted, the same for the purposes and consideration therein expressed. UNbi i11LY HAND AND SEAL OF OFFICE, This..._30t day of__September A.D. �rl$ )' ........... Notary Public,Cd_ �L..r-Count..y, Texas ITY Commission Expires - SINGLE ACKNOWLEDGMENT THE STATE OF TEXAS, 1 COUNTY OF__.._._._.__..._ r BEFORE ME, the undersigned authority, in and for said County, Texas, on this day personally appeared ..own to me to be the person.... --whose name ..... _...... _.. subscribed to the foregoing instrument, and. acknowledged to me that ........he....... executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY HAND AND SEAL OF OFFICE, This.._....____.,.day cf , A.D. 19..... (L.S.) Notary Public, .—__ TIp Commission Expires County, Texas WI:+E'S SEPARATE ACICI [OWLEDGMENT THE- STATE OF TEXAS, COUNTY OF �EFORE DIE. the undersigned authority, In "nd for said County, Texas, on this dny Personally appeared............. ................................................................................................... ........................................................................I................., wife of ...... .................................................. ........... :............ ................. known to me to bo 1110 person whose name is subscribed to tho foregoink instrument, and haul..g been examined by mo privily "nd "part from her husband, and having the same fully explained to her, she, the said .............. acknowledged such instrument to be her act and deed, and she <irriared that she hail willingly signed the same for the pu1•poses and consideration therein expressed, and that she did not wish to retrnct it, GIVEN U,_.NDLR MY HAND AND SEAL Or OFFICE,This ............................duy of..................................... A.D. 19............ :•cl,.s.� � ................................................................................,.............................. i�'y .1.,CM Ti; Y'WnNJ-!d'.N??y'yTl,",", rPIYY.k Notary Public, .. 5'•'_', , o ..County, Texas nt ` r - LIt+" ^r+,!�ac;.,,•, .! My Commission Expires CLERK'S CERTIFICATE COUNTYOF ....... :�..... I................................................................................................ County Clerl - of th�an�uiltyE Cq rt; of,,"said Count do herebycertify that the foregoing Instrument of writingdated on the ....................................................... A. D. 19.........., with Its -Certificate of Authentication, was filed for reegra;'in my office on t .}.._r.........`day of .................................................. A. D. 10.........., at .............. o'clock ..............M., and dui 'recorded this.. =`^°�.....a xof....-,c.:I.� `sem . y yl; ..... ... ....................................................A. D, 19........, at ................ o'clock ................M., in the ::.:..:.....:...............:............. ........... :..........................................Records of said County, in Volume...................., on pages....................... WITNESS MY HAND AND SEAL OF THE COUNTY COURT of said County, at office In ..................................... ......................................................................................... the day and year last above written. FILED FOR RE OR DAY A.D. 1983, at RECORDED-,29aDAY " iH inty, Texas. OF' A.D.'1983. HELEN STAR ES, CUNTY C ECOLLIN COUNTY, TEXAS. �•� Deputy. BY: IN DEPUTY. ' 'y 'q d '3 S. ; 1 CC w H c i I i 2 a, , i •,, 5 ,� ' n w i A , t 1 � W• � �'' y n1 2: Czl t :� I i� I 1 C.qC art• G Return To: CITY SECRETARY City of Allen One Butler Circle Allen, Texas 75002 ANY INVA ION NEREIN WN= RWMCTS THE SALE. REWAL.OR USE OFTM DESCRIUD AM PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNE LE UNDER FEDERAL LAW COLUN) (M STATE OF TEXAS) (CDUffrY OF 1 mrsbp cw* NW MN Minims R wn FILED IA IN Fk Number SwuIRCS on BN daft and Oft Oma swresd Mrew by To; Yid was duty RECORDED. ah BM OfReYI Po1Ne Raoo* of RW p"" of Coo Coo". Tana on N 0 V 10 1994 COUNTY CLERK COI.M COUNTY. TM + Filed for Record in: COLLIN COUNTY TX HONORABLE HEUN STARNES On 1994/11/10 At 11:55A Number: 94- 010065E Type : OR 15.00 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 #1298 -11 - of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Nov. 9, 1994 & Nov. 12, 1994 and which was issued on November 9. 1994 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said p ca ' n is attached hereto. SUBSCRIBED AND SW to before me this da A.D. 19 V. A. TODD '+ •' MY COMMISSION EXPIRES December 5, 1996 OTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee 3 2 7. 0 0 CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City cCouncil adopted the following ordinance at their regular meeting held on Thursday, [November 3, 1994 (Title only): Ordinance No. 1298-11-94: An Ordinance of the City of Allen, Collin County, Texas, Abandoning a Utility Easement as Re- corded in Volume 1774, Page 832 of the Deed Records of Collin County, Located —On a Tract of Land Situated in the Rufus Sewell Survey, Abstract No. 875, and Further Being a Part of Enterprises Addi- tion II, an Addition to the City of Allen Filed ,in Cabinet G, Sheet 457 of the Deed Re- cords of Collin County, Texas; Providing for a Severability 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, 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 ih)eir regular meeting held on Thursday, November 3,-1994 (Title only): IV Ordinance No. 1298-11-94: An Ordinance of the City of Allen, Collin County, Texas, Abandoning a Utility Easement as R�- corded in Volume 1774, Page 832 of the Deed Records of Collin County, Located on a Tract of Land Situated in the Rufus,j, Sewell Survey, Abstract No. 875, and Further Being a Part of Enterprises Addi- tion ll, an Addition to the City of Allen Filed in Cabinet G, Sheet 457 of the Deed Re- cords of Collin County, Texas; Providing for a Severability Clause; and Providing for an Effective Date. k A copy of this ordinance may a read or purchased in the office of the C ty Secret- ary, City of Allen, One Butler C, cle, Texas 75002-2773 /s/ Judy Morrison ,City Secretary, CITY OF ALLEN October 6, 1994 Dale Clemments Miller Commercial 5001 Spring Valley, Suite #1100W Dallas, Texas 75244 RE: Easement Abandonment InteCom Dear Dale: The location of the new easement that correctly depicts the true location of the utility line has been recorded by Texas Utilities. Texas Utilities has also released their rights to the two old easements in which no utility was located. The records have been researched and only one of the old easement lines was declared as a City of Allen easement. The City is requesting in writing InteCom's approval to abandon the old utility easement dated September 30, 1983, recorded in Vol. 1744, page 832 of the Official Public Records of Real Property of Collin County, Texas. You will note below a signature block for their execution. Please forward this for their review and signature and return the original to me and the City of Allen will proceed to have the old easement(s) deleted from the record. Sincerely, George T onner, P. E. Director of Public Works ACKNOWLEDGED AND CCEPTED thi b Today of 1994. By: Name: . Walch Title: 4�lph hief Financial Officer Company: InteCom ONE BUTLER CIRCLE ALLEN, TEXAS 75002-2773 214/727-0100 ffr�� CITY OF ALLEN TO: JON MCCARTY, CITY MANAGER F� FROM: GEORGE CONNER, DIRECTOR OF PUBLIC WORKS SUBJECT: ABANDONMENT OF A CITY UTILITY EASEMENT DATE: OCTOBER 26, 1994 BACKGROUND 6 ZL The City retains a 10 foot wide utility easement located on Enterprises Addition II, platted by InteCom Incorporated. The utility easement was obtained by the City on September 30, 1983 and filed in Volume 1744, Page 832 of Collin County Records. Miller Commercial, representing InteCom Incorporated, is requesting the abandonment of this easement by City Ordinance. Attached is a letter with InteCom's approval of the abandonment dated October 6, 1994. ANALYSIS The utility easement is no longer required by the City and has been cleared of all existing utilities. FISCAL IMPACT None RECOMMENDATION Staff recommends the ordinance be passed abandoning the utility easement and that staff be instructed to file the abandonments at the office of the Collin County Clerk. ONE BUTLER CIRCLE ALLEN, TEXAS 75002 214/727-0100