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Home My WebLink AboutO-1349-8-95ORDINANCE NO. 1349-8-95 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A PORTION OF A SANITARY SEWER EASEMENT LOCATED ON A TRACK OF LAND SITUATED IN THE R.C. WHISENANT SURVEY, ABSTRACT NO. 1012, AND FURTHER BEING A PART OF HERITAGE PARK PHASE III, AN ADDITION TO THE CITY OF ALLEN, AS RECORDED IN CABINET H, PAGE 792 OF THE LAND RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBITS "A" AND "B", PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. V7 0 G G WHEREAS, the Planning and Zoning Commission and the City Council of the City of Allen approved a t la. for a reEide-n,+ial development for Heritage Park Phase III; and, co:�cip� p.u�..o... _ _ _ _ g 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 Heritage Park developer, has recommended that the portion of sanitary sewer easement to be abandoned; and, WHEREAS, the 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, COLLIN COUNTY, TEXAS THAT: SECTION 1: The portion of the sanitary sewer easement described in Exhibits "A" and "B" is hereby forever abandoned. SECTION 2: 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3: All ordinance of the City of Allen in conflict with the provision of this ordinance shall be, and same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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: It appears the Heritage Park Phase III 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, 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 APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 17TH DAY OF AUGUST, 1995. �A PftQj► D` �� FORM: 'A�.rowdl4, CITY ATTORNEY APPROVED: - '4�pei�� J e Farmer, MAYOR ATTEST: Ju"orrisU, CMC, CITY SECRETARY 1349 Ordinance No. -8-9' Page 2 ORDLNANCE NO. 1349-8-95 EXHIBIT "A" SANITARY SEWER EASEMENT ABANDONMENT FIELD NOTES 3843. sse BEING a portion of a 20' Sanitary Sewer Easement (Volume 1234, Page 343) as being across Lots 3-7, Block E of Heritage Park Phase III -3, an addition to the City of Allen, Collin County, Texas, as recorded in Cabinet H, Page 792 of the Land Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a point on the West line of Heritage Parkway South (a 60' ROW), said point being 31.59 feet along said West line of Heritage Parkway South from the Southeast comer of Lot 7, Block E of said Heritage Park Phase III -3; THENCE, N 28' 01' 10" W, a distance of 108.70 feet; THENCE, N 21' 38' 20" E, a distance of 157.44 feet; THENCE, along the said West line of Heritage Parkway South and around a non -tangent curve to the Left having a central angle of 06' 25' 32", a radius of 617.20 feet, and a chord bearing of S 04' 50' 06" W, an arc distance of 69.22 feet; THENCE, S 21' 38' 20" W, a distance of 81.96 feet; THENCE, S 28' 01' 10" E, a distance of 62.38 feet; THENCE, S 00' 19' 55" W, along said West line of Heritage Parkway South, a distance of 42.12 feet to the PLACE OF BEGINNING and containing 4,060 square feet of land. V ORDINANCE NO. 1349-8-95 M, A - 067532" R 617.20' 7 34.64' L 69.22' CD ; 69.16' CD BRG - SO450'06"W 20' Son(. Swr. Easement • (Vol.1234, Pg.343) Sanitary Sewer Easement Abandonment TI TON ENGINEERING. INC. HERITAGE PARK PHASE III - S J 6330 Belt Line Rood — Suite C Garland, Texas 75043, Ph. No. 226-2967 R.C. WHISENANT SURVEY — ABST. N0. 1012 DRAWN CHECKED I DATE I SCALE Jos NO. CITY OF ALLEN, COLLIN COUNTY, TEXAS 08/95 f" = 100' 3843 EXHIBIT B 2 / J J 17 3 ! O V I 16 4 15 A W � `° N ~ N 14 6 13 N y 12 8 a 9 60, r l r 10 l r, r r r r HERITAGE PARK PHASE III - 3 1 (Cab. H, Pg. 792) A - 067532" R 617.20' 7 34.64' L 69.22' CD ; 69.16' CD BRG - SO450'06"W 20' Son(. Swr. Easement • (Vol.1234, Pg.343) Sanitary Sewer Easement Abandonment TI TON ENGINEERING. INC. HERITAGE PARK PHASE III - S J 6330 Belt Line Rood — Suite C Garland, Texas 75043, Ph. No. 226-2967 R.C. WHISENANT SURVEY — ABST. N0. 1012 DRAWN CHECKED I DATE I SCALE Jos NO. CITY OF ALLEN, COLLIN COUNTY, TEXAS 08/95 f" = 100' 3843 EXHIBIT B Return To: CITY SECRETAP Clty of A116h : One Butler Circle f Allen, Texas 75013 ANY pRONf10fa HERfl NM REOTRI�ry }SIE SLE, R A 011 M pF THE UDESC NEN IFn REAL MQ�iRY�lutf ,OE COLtlA OR II t�1 IWAUo Alio UNFNFOISCEAiI! UND! Eii L LAw hereby E STATE OF TEXAS) coLLIO a on mi gid mi MI Mf" h�10nhha� FlWfahi' fm DDF�� y 'tO DED on rn Oft111M public Row" of MMAY "Ara �nf VTrura, A AUO 2z 1995 Filed for Record in: COLLIN COUNTY TX HONORABLE HELEN STARNES On 1995/08/22 At 11:03A Number: 95- 0060657 Type : OR 17.00 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 X61349-8-95 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on August 23 & August 26, 1995 and which was issued on August 23,1995 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hher`etoo.. 04-� SUBSCLRIBED AND WORN to before me this //f day , A. D. 19� �Z- NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 27 . 00 V. A TODD e, rdy COMMISSION EXPIRES December 5, 1996 i T 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, August 17, 1995 (Title Only): Orc(inance No. 1349-8-95:.An Ordinance of the City of Allen, Collin County, Texas, Abandoning a Portion of a Sanitary Sewer Easement Located on a Track of Land Si- tuated in the R.C. Whisenant Survey, Ab-. strict No. 1012, and Further Being a Part of Heritage Park Phase III, an Addition to the City of Allen, as Recorded in Cabinet H, Page 792 of the Land Records of Collin County, Texas; Providing for Exhibits "A" and "B," 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, Allen, Texas 75013. /s/ Judy Morisson 'City Secretary CITY OF ALLE'— PUBLICN01fICE Notice is hereby giverithat the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, August 17, 19966 (Title Only): Ordinance No. 1349-8-95: An Ordinance Of the City of Allen, Collin County, Texas, Abandoning a Portion of a Sanitary Sewer Easement Located on a Track of Land Si- tuated in the R.C. Whisenant Survey, Ab- stract No. 1012, and Further Being a Part of Heritage Park Phase III, an Addition to the City of Allen, as Recorded in Cabinet H, Page 792 of the Land Records of Collin County, Texas; Providing for Exhibits "A" and "B," 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, Alle , Texas 75013. /s/ Judy Morisson City Secretary _