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O-1848-6-0004716 02514 2000- 0079139 ORDINANCE NO. 1848-6-00 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, DISANNEXING OF LAND DESCRIBED IN EXHIBIT "A" FROM THE CITY OF ALLEN, TEXAS; SO THAT SAID TERRITORY MAY BE ANNEXED BY THE CITY OF PLANO, TEXAS; PROVIDING THAT THE CITY OF ALLEN RELINQUISHES ANY AND ALL EXTRATERRITORIAL JURISDCTION IT MAY HAVE IN AND TO SAID TRACT OF LAND HEREINAFTER DESCRIBED; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Cities of Allen, Texas, and Plano, Texas, have entered into a Boundary Adjustment Agreement pursuant to TEX. Loc. Gov'T CODE § 43.031; and, WHEREAS, it is the desire of the City of Allen, Texas to disannex the tract of land described in Exhibit "A' and to rehiiquish any and all extraterrimriut jin, si icion it r iay nave in and to said tract so that thf, same may be annexed by the City of Plano, Texas. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: SECTION 1. That the following described tract of land be, and the same is hereby, disannexed and discontinued as a part of the City of Allen, Texas, in order to accomplish the purpose set forth above so that the same will no longer be part of the City of Allen, Texas, for any purpose whatsoever, said tract being more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The City of Allen, Texas, hereby relinquishes any and all extmtercitorial jurisdiction which it has or may have under the provisions of the Municipal Annexation Act, being Chapter 43 of the Texas Local Government Code, as amended, and upon the passage of this Ordinance, the said City of Allen, Texas, shall no longer have or exercise any right, jurisdiction or control over the above described tract of land. SECTION 3. This tract of land is being disaanexed solely so that it maybe annexed into and become apart of the City of Plano, Texas; and should any other town or city annex or attempt to annex any part of said tract, this disannexation and waiver of extraterritorial jurisdiction shall be null and void and of no force and effect. SECTION 4. This ordinance shall take effect immediately from and after the final passage of an ordinance of the City of Piano, Teras, atmcxing the above described tract of land into the City of Plano, Texas. SECTION 5. This ordinance shall take effect immediately from and after its passage and publication in accordance with its provisions of the Charter of the City of Allen, and its is accordingly so ordained. Ll n I 04716 02515 DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 15a DAY OF JUNE, 2000. t'I D. 4..... ft APPROVED: v: Stephen Terrell, MAYOR APPRq-JED.4S XO'�Uol: ATTEST: 4 E I/'/ll./fib �• �,{//�/� Peter G. Smith, CIA ATTORNEY Jiffly Mo son, CMC/AAE, CITY SECRETARY (PGS'11119°W/ 133574) Ordinance No. 1848-6-00 Page 2 04716 02516 ' LEGAL DESCRIPTION Being a 16.00 acre tract of land presently situated in the City of Allen, Collin County, Texas, being a part of the Shadrick Jackson Survey, Abstract No. 489 and including portions of the new right-of- way for Custer Road south of State highway 121: BEGINNING at the most northerly northwest comer of that certain tract of land described as 4.2567 acres to the City of Plano as recorded in Clerk's Document Number 93-0101369 and filed in the Deed Records of Collin County, Texas (D.R.C.C.T.), and being also on the south right-of-way line of State highway 121 (variable width at this point); THENCE North 67 degrees 38 minutes 07 seconds East, along the common line of said City of Plano tract and said right-of-way, a distance of 56.70 feet to a point for comer, said point being the northwest comer of that called 2.3989 acre tract of land described to the City of Plano for the new Custer Road right-of-way as recorded in Clerk's Document Number 93-0101370 (D.R.C.C.T.); THENCE North 67 degrees 38 minutes 07 seconds East, continuing along said south right-of-way line, a distance of 170.00 feet to the northeast comer of said Custer Road right-of-way tract and being the north end of a 15.00 feet corner clip; THENCE South 22 degrees 38 minutes 07 seconds West, departing said south right-of-way line and along the east right-of-way line of said Custer Road, a distance of 21.21 feet to a point for comer at the south end of said 15.00 feet comer clip; THENCE South 22 degrees 21 minutes 53 seconds East, continuing along said east right-of-way line, a distance of 296.49 feet to the beginning of a circular curve to the right, having a radius of 1,712.02 feet and whose chord bears South 21 degrees 51 minutes 57 seconds East, a distance of 29.81 feet; THENCE Southeasterly, continuing along said east right-of-way line and along said circular curve, through a central angle of 00 degrees 59 minutes 52 seconds for an arc distance of 29.81 feet to a point for comer at the beginning of a compound circular curve to the right having a radius of 1,047.56 feet and whose chord bears South 13 degrees 41 minutes 04 seconds East, a distance of 280.08 feet; THENCE Southeasterly, continuing along said east right-of-way line and along said circular curve, through a central angle of 15 degrees 21 minutes 54 seconds for an arc distance of 280.93 feet to a point for comer at the point of tangency of said curve; THENCE South 06 degrees 00 minutes 07 seconds East, continuing along said east right-of-way line, a distance of 63.48 feet to the beginning of a non -tangent circular curve to the right, having a radius of 1,692.02 feet and whose chord bears of South 03 degrees 45 minutes 06 seconds East, a distance of 357.55 feet; Page 1 of 5 06/08/00 04716 02517 THENCE Southerly, continuing along said east right-of-way line and along said circular curve, through a central angle of 12 degrees 07 minutes 49 seconds, at an arc distance of 146.24 feet passing the southeast comer of said 2.3989 acre right-of-way tract, being also the northeast comer of that called 1.0858 acre tract of land described to the City of Plano as Part 2 for the new Custer Road right-of-way and recorded in Clerk's Document Number 93-0009109 (D.R.C.C.T.), and continuing for a total arc distance of 358.22 feet to a point for corner at the end of said curve; THENCE South 87 degrees 41 minutes 12 seconds East, continuing along said east right-of-way line, a distance of 10.00 feet to the beginning of a non -tangent circular curve to the right having a radius of 1,702.02 feet and whose chord beats South 09 degrees 48 minutes 01 second West, a distance of 443.55 feet; THENCE Southwesterly, continuing along said east right-of-way line and along said circular curve, through a central angle of 14 degrees 58 minutes 26 seconds, at an arc distance of 233.65 feet passing the southeast comer of said 1.0858 acre right-of-way tract, being also the northeast corner of that called 4.2271 acre tract of land described as Part 1 to the City of Plano for the new Custer Road right-of-way and recorded in Clerk's Document Number 93-0009109 (D.R.C.C.T.), and continuing for a total arc distance of 444.81 feet to a point for comer at the end of said curve; THENCE North 72 degrees 42 minutes 46 seconds West, continuing along said east right-of-way line, a distance of 10.00 feet to a point for comer at the beginning of a non -tangent circular curve to the right having a radius of 1,692.02 feet and whose chord bears South 18 degrees 35 minutes 36 ' seconds West, a distance of 77.14 feet; THENCE Southwesterly, continuing along said east right-of-way line and along said circular curve, through a central angle of 02 degrees 36 minutes 45 seconds for an arc distance of 77.15 feet to the point of tangency; THENCE South 19 degrees 53 minutes 59 seconds West, continuing along said east right-of-way line, a distance of 766.61 feet to the point of curvature of a circular curve to the left having a radius of 1,090.92 feet and whose chord bears South 10 degrees 02 minutes 04 seconds West, a distance of 373.82 feet; THENCE Southerly, continuing along said east right-of-way line and along said circular curve, through a central angle of 19 degrees 43 minutes 51 seconds for an arc distance of 375.68 feet to the point of tangency; THENCE South 00 degrees 10 minutes 08 seconds West, continuing along said east right-of-way line, a distance of 502.96 feet to a point for comer; THENCE North 89 degrees 49 minutes 52 seconds West, departing said east right-of-way line, a distance of 55.00 feet to a point for comer on the center line of Old Custer Road (being also the center line of New Custer Road), said point being the point of curvature of a circular curve to the left (Old Custer Road - non -tangent to this description) having a radius of 716.20 feet and whose chord bears North 15 degrees 41 minutes 22 seconds West, a distance of 391.42 feet; Page 2 of 5 06/08/00 04716 02518 THENCE North 00 degrees 10 minutes 08 seconds East, along the back tangent of said curve (projected), a distance of 257.84 feet to a point for comer on the northeast line of said Old Custer Road right-of-way, said point being on the east line of that certain tract of land described to Ben B. West Co -Trustee as recorded in Volume 1134, page 259, (D.R.C.C.T.), said west line being also the east line of the Emajean Haggard Hall called 146.50 acre tract recorded in Volume 706, Page 67,(D.RC.C.T.), and being the most westerly southwest comer of said called 4.2271 acre right-of- way tract; THENCE North 00 degrees 06 minutes 20 seconds West, along said common line, being also the west line of said called 4.2271 acre right of way tract, at a distance of 595.17 feet passing the most westerly northwest comer of said called 4.2271 acre right of way tract, continuing along said common line and departing said right-of-way line, passing at a distance of 949.52 feet the most southerly southeast comer of Rowlett Creek Cemetery, continuing along the common line of said Ben B. West Co -Trustee tract and Rowlett Creek Cemetery, in all a total distance of 965.20 feet to a point for comer; THENCE North 89 degrees 19 minutes 22 seconds East, continuing along the common line of said Ben B. West Co -Trustee tract and Rowlett Creek Cemetery, a distance of 101.59 feet to a point for comer; THENCE North 00 degrees 07 minutes 00 seconds West, continuing along said common line, a distance of 463.22 feet to a point for comer; ' THENCE North 89 degrees 58 minutes 56 seconds East, continuing along said common line, a distance of 163.32 feet to a point for comer; THENCE North 00 degrees 25 minutes 07 seconds West, continuing along said common line, a distance of 367.53 feet to the most easterly northeast comer of said cemetery, said point being on the southwesterly line of that called 138.728 acre tract of land described to Edward C. Esteve - Blackland Properties, Inc., and recorded in Volume 754, Page 58, (D.R.C.C.T.); THENCE North 47 degrees 40 minutes 00 seconds West, along the common line of said Edward C. Esteve - Blackland Properties, Inc., tract and said Rowlett Creek Cemetery, a distance of 189.16 feet to a point for comer, THENCE North 41 degrees 12 minutes 04 seconds West, continuing along said common line, a distance of 166.94 feet to a point for comer; THENCE South 89 degrees 36 minutes 57 seconds West, along the north line of said Rowlett Creek Cemetery, a distance of 13.68 feet to a point for comer; THENCE North 00 degrees 47 minutes 25 seconds East, departing said north line, a distance of 110.47 feet to the most westerly southwest corner of said City of Plano called 4.2567 acre tract; Page 3 of 5 06/08/00 04716 02519 ' THENCE North 00 degrees 15 minutes 36 seconds West, along the west line of said City of Plano tract, a distance of 540.34 feet to the most westerly northwest comer of said City of Plano tract, said comer being on the south right-of-way line of State Highway 121; THENCE North 66 degrees 42 minutes 54 seconds East, along the common line of said City of Plano tract and said south right-of-way line, a distance of 32.15 feet to a point for comer; THENCE North 32 degrees 29 minutes 32 seconds East, continuing along said common line, a distance of 65.39 feet to the POINT OF BEGINNING and containing 16.00 acres of land, more or less. The basis of bearing for this description is the realigned right of way of Custer Road as called for in Clerk's Document 93-0009109 and Clerk's Document 93-0101370 and recorded in the Deed Records of Collin County, Texas. This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared. � d' 2oao RAUL ' G, REG TE D PRO SIGN LAND SURVEYOR TEXA NO.2958 Page 4 of 5 06/08/00 POINT OF BEGINNING O� EXISTING CITY LIMIT LINE BETWEEN CITY OF ALLEN AND CITY OF PLANO TRAOS, I) CHy of Plwp 93-0I01369 IMCM 2 Clty of PH 93-0101370 m U) 31 City of Piano 93-0009109 partZ IORCCTI 41 My of Plm 93-0009109 PRt110RCCTI 5) Bm B. N..t V.1134 P.259 10RCCT 61 Emaf.am Hdl V.106 P-67 IMCCTI I Eamora C.E.t.v. VJ54 P.59 IMCCTI O U VICINITY MAP IIT.S. W N U U 04716 02520 ISI NORTH PROPOSED CITY LIMIT LINE BETWEEN CITY OF ALLEN AND CITY OF PLANO DISANNEXATION EXHIBIT 16.00 ACRES IN THE SHADRICK JACKSON SURVEY _ ABSTRACT NO.489 COLLIN COUNTY FOR CITY OF ALLEN Halff Associates, Inc. Engineers -Scientists 8616 Notrhwest Plaza Drive -Dallas, Tx 75225 Scale: l'= 400' June.2000 9 18821' gnporce,821.dan 2\ PROJECT N\GH LOCATION Sj NSF' ucHANOE mw ` VICINITY MAP IIT.S. W N U U 04716 02520 ISI NORTH PROPOSED CITY LIMIT LINE BETWEEN CITY OF ALLEN AND CITY OF PLANO DISANNEXATION EXHIBIT 16.00 ACRES IN THE SHADRICK JACKSON SURVEY _ ABSTRACT NO.489 COLLIN COUNTY FOR CITY OF ALLEN Halff Associates, Inc. Engineers -Scientists 8616 Notrhwest Plaza Drive -Dallas, Tx 75225 Scale: l'= 400' June.2000 9 18821' gnporce,821.dan