O-1595-4-9860.
L
98— 0045259
ORDINANCE NO. 1595-4-98 C:)
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, rn
ABANDONING A PORTION OF A DRAINAGE EASEMENT LOCATED ON A o
TRACT OF LAND SITUATED IN THE ALFRED SLACK SURVEY, ABSTRACT o
NO. 854, AND FURTHER BEING A PART OF TWIN CREEKS I, AN CD
O
ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS; P -
PROVIDING FOR EXHIBIT "A;" PROVIDING FOR A SEVERABILITY oD
CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE
WHEREAS, the Planning and Zoning Commission and the City Council of the City of Allen approved
a concept plan for a residential development for Twin Creeks I; and,
WHEREAS, the City Engineer, at the request of the homeowner, has recommended that a portion of
the drainage easement 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 drainage easement as described herein.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: The variable width drainage easement described in Exhibit "A" and recorded in Collin
County Clerk's plat file Volume 1, Page 110 of the Map Records, and further being a part of Lot 1,
Block B, of Twin Creeks I, is hereby forever abandoned.
SECTION 2: Exhibit "A," attached hereto and made a part hereof for all purposes, describes the
portion of drainage easement to be abandoned.
SECTION 3: All ordinances of the City of Allen in conflict with the provisions of this ordinance 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and the same are hereby repealed; provided however, that all other provisions of said ordinances not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 4: It appears the Twin Creeks I development requires abandonment of the portion of
drainage 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, and requires that this ordinance
shall take effect immediately from and after its passage and the 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 ALIEN, TEXAS,
ONTHE16THDAYOF apRrr. ,1998.
APPROVED:
Stephen Terrell, MAYOR
(APPROVED
AS TO FORM: ATTTEST'��'//�
A. Don Crowder, U11Y ATTORNEY --7ydMho ison, CMC, CITY SECRETARY
04160 00049
EXHMIT"A"
E
Title: 501 Laredo Circle, Allen, Texas — Vacated Easement Date: 4/1/98
Scale: 1 inch = 30 feet I File: OLDEASE.DES
Tract 1: 0.325 Acres: 14138 Sq Feet: 1313.4 Sq Meters: Closum = s46.2905w0.01 feet Precision =1/47372: Perimeter=491 feet
Tmct2: 0.115Acres: 5009Sq Feet 465.3Sq Metm:Closme=s04.5359w0.02feet Precision=1/11831: Perimeter=286fed
001=N17.0413a 87.71
002=s72.5547e 93.18
M: a-rmgiuo.mu
rrn '
004=$7.2143e 26.65
005=22.5929w65.56
006 a72.5547w42.84
007=n72.5547w 115
008=@7
009-0.0546e 90.40
011s7.2143e 26.65
012=s22.5929w 65.56
0I3-n72.5547w 42.84
Mates and Bounds clescriation of the casement,
Starting at a 1/2 inch iron rod on the south west water, of lot 1, Block B of Twin Creeks addition to the City of Allen, Collin County,
Texas according to the plat recorded thereof in Volume 1, page 110 of the Map of Records of Collin County, thence north 17°4' 13"
east, a distance of 87.71 feet to an "X" etched in the concrete, thence south 7Y55' 47" east, a distance of 93.18 feet to a Point of
Beginning at an iron rod Thence along a tangent curve to the left, having a radius of 1030 feet and an arc distance of 60.44 feet,
thence south 7'21'43" east, a distance of 26.65 feet, thence south 2259'29" west, a distance of 65.56 feet to an iron rod turning
point. Thence north 7255' 4T' west, a distance of 42.84 feet, thence south 25" 46" east, a distance of 90.4 feet to the point of
ginning. The total amount of property in the easement is 0.115 acres or 5009 square feet, more or less.
MY OF ALLEN
MEMORANDUM
TO: 41 CHAEL STANGER, ACTING CITY MANAGER
FROM: GEORGE CONNER, DIRECTOR OF PUBLIC WORKS
SUBJECT: ORDINANCE ABANDONING A PORTION OF A DRAINAGE EASEMENT IN
TWIN CREEKS
DATE: APRIL 8, 1998
BACKGROUND
The resident at 501 Laredo Circle has requested an easement line be moved to facilitate
the building of a pool in his backyard.
ANALYSIS
This drainage easement contains the 100 -year flood plain for a minor tributary of Rowlett
Creek, originally modeled and studied with the Twin Creeks Golf Course flood plain study. The
existing easement line delineates the flood plain under as -built conditions using 3 to I and 4 to I
side slopes. The resident of 501 Laredo Circle, Mr. Gene Lesinski, proposes to build a two to
three foot retaining wall along the new easement line, thus raising the ground level between the
retaining wall and his house and lowering the ground level between the creek and the retaining
wall. The moving of this easement line, construction of the retaining wall, cutting of the creek
bank, and filling behind the retaining wall will be an improvement to the hydraulics of the creek.
This construction will remove a net of 13 cubic yards of dirt, slightly lowering the 100 year
water surface elevation and decreasing the velocity of the water through this section of the creek.
This ordinance will abandon the existing drainage easement across 501 Laredo Circle.
The new easement will be filed by separate instrument and is attached, signed by the residents.
FISCAL IMPACT
None. The construction and maintenance of any structure built outside the drainage
easement will be the responsibility of the home owner.
ONEBUTLERCIRCLE ALLEN, TEXAS 75013
97W27-0100
Ordinance Abandoning a Portion of a Drainage Easement in Twin Creeks
April 8, 1998
RECOMMENDATION
The City Council approve the ordinance abandoning a portion of a drainage easement in
Twin Creeks.
0
STATE OF TEXAS § EASEMENT
COUNTY OF COLLIN §
KNOW ALL MEN BY THESE PRESENTS:
THAT Eugene Lesinsld and M. Joy Lesinsld ("Gmntor"), of Collin County, Texas, in consideration of the sum
of One Dollar all Na/100 ($1.00), and other good and valuable consideration, including, without limitation, the fuller
consideration of the benefits to be derived by Grantor on account of the construction, reconstruction and maintenance by
the City of Allen ("Grantee"), in hand paid by Grantee, the receipt of which is hereby acknowledged and confessed, does,
by these presents, bargain, assign, transfer and sell, without warranties of any kind, express or implied, as a wnexclusive
Drainage Easement (the "Easement"), mom particularly described in Exhibit "A", attached hereto and incorporated herein
or all purposes, aaoss the tract of land (the "Property') which is more particularly described in the plat thereof and
recorded in Volume 1, Page 110, One Map lieoords of Collin County, Texas, for 501 Laredo Circle. Grantor hereby
transfers aruo Grantee the Easement and the right to construct, reconstruct and perpetually maintain the Ease ncut,
together with all incidental impaovennems, upon all across One Property and a0 warranties that might arise by common
law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby excluded
The Easement is hereby transferred for the purpose of perpetually maintaining a drainage within the boundaries
of the Property. In carrying out the Proposes of the Easement, Grantee shall make any improvements, modifications or
repairs which Grantee deems appropriate or necessary. Grantee may rotative from the Easement such fetters and other
obstructions as may now be found upon the Easement upon notification to Grantor of the location and no= of such
fences and other obstructions and Grantor's approval of such removal- Improvement and maintenance of the Easement
shall be at the sole expense of Grantee.
The Easement is nonr clusive, and Grantor reserves for Grantor and Grantor's successors, legal representatives
and assigns the right to convey the same or other rights and/or easements enctnnberhng or which may encumber the
Property to others, so long as such fintlher transfer is subject to the Easement
Other than the improvements, modifications or reports necessary for the purposes of the Easement, if the surface
of the Property or any improvements thereon are dismdhedby Grantee at arty time by any installation, repair, maintenance,
removal, replacement or other work in connection with the purposes of this Easement, Grantee, at its sole cost and
expense, and without unreasonable delay, shall, excluding the improvements, modifications or repairs necessary for the
purposes of the Easement, repair and restore the surface of the Property and the improvements thereon to substantially the
same condition which existed immediately prior in any such disturbance.
Grantor shall have the right to construct improvements on the Property provided that the location and clearance
of such improvements are approved in writing in advance by Grantee as being sufficient not to interfere with the operation
or maintenance of Grantee's factities, which approval shall not be unreasonably withheld or delayed Grantor may fully
use and enjoy the Property enamibered by the Easement, except that such use and enjoyment shall not hinder, cordlict or
interfere with the exercise of Grantee's rights, as stated herein.
In the event of arty interference or threatened uuederenw with the Easement, the F tsement may be enforced by
restraining orders and injunctions (temporary or pemmnem) prohibiting such interference and commanding compliance
hereof, which restraining orders and injunctions shall be obtainable upon proof of the existence of such interference or
threatened interference, and without the necessity of proof of inadequacy of legal remedies or irreparable harm and shall
be obtainable only by the parties hereto or those benefited hereby, provided, however, nothing shall be doctored to be an
election of remedies or a waiver of any other rights or remedies available at law or in equity.
No waiver or consent, express or implied, by arty party to or of any brach or defadt by any party in the
to
performance by such party of its obligations hereunder shall be deemed or construed to be a consent or waiver to or ofany
other breach or default in the pedornwncc by such party of the sone or arty other obligations of such party hereunder.
tw Failure on the part Of party to complain of any act of my party or to declare any party in default, irrespective of how long
such failure continues, shall not constitute a waiver by such Ferny of its rights hereunder until the applicable statute of
limitation period has nm.
TO HAVE AND TO HOLD unto Grantee, solely for the aforesaid purposes, the Easement across the Property
upon the terms, provisions and conditions stated herein Grantor nukes this transfer of the Easement, and Grantee
accepts this transfer of the Easement, without warranty of any land, express or implied, and any and all warranties that
might arise by common law and the warranties in § 5.023 of the Texas Property Code (or its successor) are hereby
excluded
Wihiessmyhand,thisa day of April, A.D. 1998.
GRANTEE:
By: George Conner
Its: Director of Public Works
STATE OF TEXAS §
` COUNTY OF COLLIN §
(4+ BEFORE, the undersigned authority, a Notary Public in and for the State of Texas, on this day personally
appeared known to me to be the person hoseis subscribed to the foregoing
histnm ent, a m wledged to me that the same was the act of Ute said m e },l , and
that he exearied the same as the act of the Owners for the Purposes; and considerations therein espiessed, in the capacity
therein stated t1
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on this the day of 1 , - A.D. 1998.
Notary Public in and for the State of Teres
Printed Name/Comnussaon Expires:
STATE OF TEXAS § en': PATPoLY4 L:�WfAVER
COUNTYOFCOLLIN ayry v; hl'l eO�.UMSSIaY9S
BEFORE ME, the undersigned authority, a Notary Public in and for the State of Texas, on this Cay personally
appeared known to me to be the person whose name is subscribed w the foregoing
instrument, acknowledged to me that the scone was the act of Ude said and that he executed the
same as the act of the City for the purposes and considerations therein expressed, in the capacity therein slated
GIVEN UNDER MY HAND AND SEAL OF OFFICE, on flu the _ day of AD. 1998.
Notary Public in and for Ude State of Texas
Printed Name/Commisenon Expires:
EMMIT "A"
•
Title: 501 Laredo Circle, Allen, Texas -- Vacated Easement I Date: 4/1/98 I
I Scale: 1 inch = 30 feet I File: OLDEASE.DES I
1: 0.325 Acres: 14138 Sq Feet: 1313.4 Sq Meters: Closure, = s46.2905w 0.01 feet Precision =1/47372: Perimeter =491 feet
2: 0.115 Acres: 5009 Sq Feet: 465.3 Sq Meters: Closes = sD4.5359w 0.02 feet Precision =1Q 1831: Perimeter = 286 feet
W 87.71
006=n72.5547w42.84
01 I=s7.2143e 26.65
B 93.18
007=n72.5547w 115
012=822.5929w65.56
eau
008{@7
013-n72.5547w42.84
26.65
009=n3.0546e 90.40
,..cc«
a�a:ua-tow. noco.0
Motes and Bounds description of the easement
Starting at a 1/2 inch iron rod on the south west center of lot 1, Block B of Ruin Creeks addition to the City of Allen, Collin County,
Texas according to the plat recorded thereof in Volume 1, page 110 of the Map of Records of Collin County, thence north 1704' 13"
east, a distance of 87.71 feet to an "X" etched in the concrete, thence south 770'55' 470' east, a distance of 93.18 feet to a Point of
Beginning at an iron rod Thence along a tangent curve to the left, having a radius of 1030 feet and an arc distance of 60.44 feet,
thence south 721'43" east, a distance of 26.65 feet, thencesouth 2259'29" west, a distance of 65.56 feet to an iron rod coming
point. Thence north 7255' 47" west, a distance of 42.84 feet, thence south 35" 46" east, a distance of 90.4 feet to the point of
.Beginning. The total amount of property in the easement is 0.115 acres or 5009 square feet, more or less.
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