Loading...
O-431-3-83V ORDINANCE NO. l� 391 r von 932 431-3-83 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, A TOTAL OF 635.403 ACRES OF LAND, MORE. OR LESS, OUT OF THE JONATHAN PHILLIPS SURVEY, ABSTRACT NO. 719, THE G. W. EASTES SURVEY, ABSTRACT NO. 301, THE GEORGE PHILLIPS SURVEY, ABSTRACT NO. 701, THE JOSEPH DIXON SURVEY, ABSTRACT NO. 276, THE HENRY WETZEL SURVEY, ABSTRACT NO. 1026, THE F. C. WILMETH SURVEY, ABSTRACT NO. 999, AND THE L. K. PEQUES SURVEY, ABSTRACT NO. 702, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER -DESCRIBED PROPERTY WITHIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS .AND OWNERS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF SAID CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the City Council of the City of Allen has heretofore received a petition signed by the owners of all of the property hereinafter described, requesting the annexation of such land into the corporate limits of the City of Allen; and, WHEREAS, the City Council of the City of Allen finds that such petition is in writing, describes the area by metes and bounds, is duly acknowledged as required for deeds by each and every person or corporation having an interest in said land, has been properly filed with the City and fully complies with all the requirements of law; and, WHEREAS, such territory is contiguous and adjacent to the corporate limits of the City of Allen and does not exceed one-half (1/2) mile in width; and, WHEREAS, after notice was duly published, a public hearing on the proposed annexation was held by the City Council of Allen, all in strict compliance with Article 970a, V.A.T.C.S.; and, WHEREAS, the following described land is adjoining the present city limits of the City of Allen and the members of the City Council of the City of Allen have concluded that said area should be annexed and made a part of the City of Allen, Texas; NOW, THEREFORE, Ordinance No. 4 31- 3- 8 3 - Page 1 1 BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the following described territory be, and the same is hereby, annexed to include the said following described territory within the city limits of the City of Allen, Texas, and the same shall hereafter be included within the territorial limits of the said City, and the inhabitants thereof shall hereafter be entitled to all rights and privileges of other citizens of the City and shall be bound by the ordinances, acts, resolutions and regulations of said City of Allen, Texas. Said land situated in Collin County, Texas, and hereby annexed is more fully described in Exhibit "A" attached hereto and made a part hereof as if copied in full herein. SECTION 2. That it is not the intention of the City of Allen to annex any territory not legally subject to being annexed by the City, and should any portion of the above-described area not be subject to legal annexation by the City of Allen, such fact shall not prevent the City from annexing such territory which is subject to legal annexation by the City, and it is the intention of the City of Allen to annex only such territory as may be legally annexed by it within the above-described area. SECTION & That this ordinance shall take effect from and after its passage. DULY PASSED by the City Council of the City of Allen, Collin County, Texas, this the 3rd day of March ', 1983. / i I r 14 APPRbVED AS TO FORM: A. Don Crowder, Attorney , APPROVED: M. B. Pierson, Mayor ATTEST: M"AQ/�� Marty Hendrix, C6y Secretary Ordinance No. 431-_3-, 3 - Page 2 i von1Ij L%u �_ 2 r CJ4 EXHIBIT "A^ TRACT I (OWNER: E-SYSTEMS, INC., POOL TRUST) Situated in Collin County, Texas, in the Jonathan Phillips Survey, Abstract No. 719, being a resurvey of the 1.690 acres of land described in a deed from Nina M. Crawford and husband, Sam H. Crawford to Harley D. Roche and wife, Barbara J. Roche, dated June 20, 1968, recorded under Clerk's file No. 5495, dated June 20, 1968, being described by metes and bounds as follows: BEGINNING at an iron pin set at a Bois d'arc post, in the West right-of-way line of U.S. Highway No. 75, at the South corner of said 1.690 acre tract; THENCE Northerly with the West line of said 1.690 acre tract, same being the East line of the 150.55 acres of land described in a deed from Roy G. Roberts, Jr., Trustee to Trustees, E-Systems, Inc. Pool Trust, dated May 12, 1982, recorded in Volume 1508, Page 730, of the Collin County Deed Records, as follows: North 00 36' 27" East 364.19 feet with an old established fence to an iron pin set beside a corner post; North 790 30' 22" East 107.46 feet with an old established fence to an iron pin set beside a corner post; North 40 06' 04" West 126.14 feet to an iron pin set for a corner; North 870 56' West 94.02 feet with an old established fence to an iron pin set beside a corner post; North 00 12' 40" West 260.71 feet with an old established fence to an existing iron pin set at the Northwest corner of said 1.690 acre tract, in an East-West rock road for a corner; THENCE South 890 46' 51" East 185.42 feet to an iron pin set in the West right-of-way line of U.S. Highway No. 75 for a corner; THENCE Southerly with said West right-of-way line as follows: South 170 27' West 33.46 feet to a right-of-way monument; South 360 03' East 59.48 feet to a right-of-way monument; South 170 27' West 509.58 feet for an angle point; South 160 59' West 216.23 feet to the PLACE OF BEGINNING and containing 1.6791 acres of land, more or less. TRACT II (OWNER: E-SYSTEMS, INC., POOL TRUST) Situated in Collin County, Texas, in the Jonathan Phillips Survey, Abstract #719 and being a resurvey and consolidation of all of a 40 acre tract described in a Deed recorded in Volume 276, Page 499 of the Collin County Deed Records and part of a 50 acre tract described in a Deed recorded in Volume 278, Page 407, Collin County Deed Records and part of a 66 acre tract described in a Deed recorded in Volume 276, Page 499 of the Collin County Deed Records and being more fully described as follows: Attachment to Ordinance No. 431-3-83 - Page 1 ­�.c f V L �� • . (1 5 TRACT II continued (owner: E-Sytems, Inc., Pool Trust) BEGINNING at an iron stake in the Northwest corner of the 40 acre tract. THENCE South 88 deg 15 min 30 sec East with the North line of the tract a distance of 389.07 ft. to an iron stake. THENCE South 88 deg 09 min 28 sec East with the North line of the tract a distance of 911.33 ft. to an iron stake. THENCE North 0 deg 30 min 41 sec East with an established fence line and hedge row a distance of 657.14 ft. to a corner post. THENCE North 89 deg 54 min 28 sec East with an established fence line and hedge row a distance of 1456.78 ft. to a corner post. THENCE South 3 deg 52 min 39 sec East with an established fence line and hedge row a distance of 607.61 ft. to a corner post. THENCE North 87 deg 35 min 08 sec East with an established fence line and hedge row a distance of 404.60 ft. to a corner post in the West right-of-way line of U.S. Hwy #75. THENCE South 17 deg 27 min West with the right-of-way line a distance of 1052.96 ft. to a wooden right-of-way marker. THENCE South 53 deg 27 min 12 sec West with the right-of-way line a distance of 80.38 ft. to a wooden right-of-way marker. THENCE South 17 deg 33 min 30 sec West a distance of 33.23 ft. to a railroad spike in —the center line of the road. THENCE North 89 deg 45 min 30 sec West with the center of the road a distance of 185.75 ft. to a railroad spike for a corner. THENCE South 0 deg 18 min 10 sec East with an established fence a distance of 260.62 ft. to a corner post. THENCE South 87 deg 55 min 56 sec East with an established fence a distance of 94.02 ft. to an iron stake for a corner. THENCE South 3 deg 55 min 32 sec East with an established fence a distance of 125.78 ft. to a corner post. THENCE South 79 deg 20 min 04 sec West with an established fence a distance of 107.34 ft. to a corner post. THENCE South 0 deg 40 min 52 sec West with an established fence a distance of 364.46 ft. to a corner post in the West right-of-way line of U.S. Hwy #75. THENCE South 15 deg 56 min 40 sec West with the right-of-way line of the Highway a distance of 817.41 ft. to a wooden marker. THENCE South 60 deg 32 min 42 sec West with the right-of-way line a distance of 70.75 ft. to a wooden marker. THENCE North 73 deg 53 min 33 sec West a distance of 300.22 ft. to a wooden marker. THENCE South 60 deg 46 min 45 sec West a distance of 71.0 ft. to a wooden marker. THENCE South 16 deg 19 min 44 sec West a distance of 115.84 ft. to a stake in the center line of a public road. Said stake bears South 16 deg 19 min 44 sec West a distance of 25.86 ft. from a corner post., Attachment to Ordinance No. 431-3-83 - Page 2 i " lug 936 TRACT II continued (owner: E-Sytems, Inc., Pool Trust) THENCE North 89 deg 10 min 42 sec West with the center of the road a distance of 637.56 ft. to a stake at the Southwest corner of the 50 acre tract. Said stake bears South 0 deg 21 min 30 sec West a distance of 24.22 ft. from a corner post. THENCE North 0 deg 21 min 30 sec East with an established fence line and hedge row a distance of 1290.78 ft. to a corner post. THENCE North 88 deg 18 min 11 sec West with an established fence a distance of 1332.76 ft. to an iron stake at the Southwest corner of the said 40 acre tract. THENCE North 0 deg 12 min 58 sec East with an established fence line and hedge row along the West line of the said tract a distance of 1371.78 ft. to the place of beginning containing 150.550 acres of land more or less. TRACT III (OWNER: E-SYSTEMS, INC., POOL TRUST) Being a tract of land situated in Collin County, Texas, out of the Jonathan Phillips Survey, Abstract 719, and the G. W. Eastes Survey, Abstract 301, and being more particularly described as follows: BEGINNING at a 1/2" iron rod in the South line of said Phillips Survey in the center a dirt road, same being the Southeast corner of a certain 53.49 acre tract conveyed by Jessie G. Graves and wife Mary Graves to Jack Webb et al by Deed dated June 12, 1963, recorded in Volume 619, Page 84 of the Deed REcords of Dallas County, Texas; THENCE South 880 03' 33" West with the South line of said Phillips Survey at 1671.38 feet passing its Southwest corner and the Southeast corner of said Eastes Survey, and continuing a total distance of 1746.38 feet to the Southwest corner of said Eastes Survey and the Southeast corner of the George Fitzhugh Survey, Abstract 321, a 1/2 inch iron rod for corner; THENCE North 01° 45' West with the West line of said Eastes Survey and along a rock county road, 1330.12 feet to a 1/2 inch iron rod for corner; THENCE North 88° 30' 23" East with the North line of said' 53.49 acre tract, 1428.09 feet to the Southeast corner of a certain 44 acre tract recorded in Volume 544, Page 361 of the Deed Records of Collin County, Texas, same being the Southwest corner of a certain 40 acre tract recorded in Volume 276, Page 499 of the Deed Records of Collin County, Texas, a 1/2 inch iron rod; THENCE North 88° 55' 08" East along an established fence, 310.73 feet to the Northeast corner of said 53.49 acre tract, a 1/2 inch iron rod at a corner post; THENCE South 020 04' 50" East with the East line of said 53.49 acre tract, an old fence line and hedge row, 1314.31 feet to the place of BEGINNING and containing 52.92998 gross acres of land, more or less. TRACT -IV (OWNER: E-SYSTEMS, INC., POOL TRUST) SITUATED in Collin County, Texas, in the Jonathan Phillips Survey, Abstract No. 719 being a resurvey of part of the 78.27 acres of land described in a deed from Harry H. Herndon et al to Ed Lafollotte dated September 15, 1930 and recorded in Volume 282, Page 17 of the Collin County Deed Records, being described by metes and bounds as follows: Attachment to Ordinance No. 431-3-83 - Page 3 937 TRACT IV continued (owner: E-Sytems, Inc., Pool Trust) BEGINNING at an iron pin set at the southeast corner of said 78.27 acre tract at the extension of a fence from the west and an established fence and hedge row from the north; THENCE North 88 deg 38 min 39 sec West 908.22 feet with the south line of said 78.27 acre tract and with said fence to an existing iron pin set in said south line at the southeast corner of a 3.000 acre tract reference Volume 748, page 449 of the Collin County Deed Records; THENCE North 1 deg 03 min 17 sec East 360.86 feet with the East line of said 3.000 acre tract to an existing iron pin set at the northeast corner of said 3.000 acre tract in the southeast right-of-way line of State Highway No. 121 for a corner; THENCE North 64 deg 44 min East 994.79 feet with said Southeast right-of-way line to an iron pin set beside a post in the East line of said 78.27 acre tract for a corner; THENCE South 0 deg 07 min 15 sec East 806.9 feet with said East line and with an established fence and hedge row to the place of beginning and CONTAINING 12.102 acres of land, more or less. TRACT I (OWNER: DOYLE S. STACY, TRUSTEE AND DOROTHY STACY WOOD, TRUSTEE) SITUATED in Collin County, Texas, and being a part of the Jonathan Phillips 632 acre survey, Abstract No. 719; and also a part of an 80 acre tract, by M. L. Bright to R. M. McDonald; and BEGINNING at a point in the South line of said Phillips Survey, the Southeast corner of the said 80 acre tract; THENCE North 20 chains, a stake, in the northeast corner of 80 acre tract; THENCE West 15 chains, ns, a stake, in a Bois d'arc hedge and on the North line of the said 80 acre tract; THENCE South 20 chains, a stake, in the South line of said Phillips Survey; 196 THENCE East 15 chains to the PLACE OF BEGINNING, containing 30 acres of land, more or less. V FIRST TRACT (OWNER: DOYLE S. STACY AND DOROTHY STACY WOOD) Being part of a survey of 320 acres made in the name of George Phillips, BEGINNING at a post in the N line thereof from which the NW corner thereof bears N 89-1/40 W 250 lks and a hackberry marked X brs. N. 440 W. 420 Iks; 165, THENCE South with the East line of ten acres sold by Geo. Phillips to Isaac Stimson, 19 chains, a post the NW corner of 44.75 acres sold by C. C. Phillips to Henry Shields; 1,2S4. I. E l 8, THENCE S. 89° 15' E. 23 chains to the NE corner thereof, a post in the East line of 88.2 acres set apart to said C. C. Phillips by a decree of the District Court of Collin County on the 19th day of July, 1871; of which the tract herein conveyed is a part; Attachment to Ordinance No. 431-3-83 - Page 4 i i FIRST TRACT continued (owner: Doyle S. Stacy and Dorothy Stacy Wood) 1,25'F' G,(G 1 = 1, zGo,6 THENCE N. 50 40' E. with said East line 19 chains 10 links to the NE corner of said 88.2 acres, a post in the North line of said survey; I's -84, THENCE N. 890 15' W. 24 chains with said line to the BEGINNING, containing 44.1 acres. Said First Tract being the same land conveyed to Samuel H. Payne by James Shields by deed dated the 3rd day of April, 1878, and shown of record in Volume 6, page 367, Deed Records of Collin County, Texas. SECOND TRACT (OWNER: DOYLE S. STACY AND DOROTHY STACY WOOD) Situated in Collin County, Texas, the same being a part of the George Phillips Survey, and BEGINNING at the Southeast corner of a 10 acre tract of land formerly owned by Isaac Stinson; 1 1,310.1 , THENCE East 20 chains and 20 links to a stake, the Southwest corner of T. Murry's 43 acre tract of land; 1,38%. THENCE N. 5-1/20 E 21 chains and nine links with the W B line of Murry's tract to stake in hedge fence; , % THENCE W 22 chains and 27 links to E B , line of said 10 acre tract; 1,384' x',18 THENCE South 21 chains and 8 links to the place of BEGINNING, containing 44 3/4 acres of land, be the same more or less; Said Second Tract being the same land conveyed to S. H. Payne by J. N. Standifer by deed dated August 20, 1884, recorded in Volume 24, page 392, Deed Records of Collin County, Texas. JFIRST TRACT (OWNER: CHARLES B. KEY) Situated in Collin County, Texas, being part of a 96.38 acre tract located in the F. C. Wilmeth Survey #999; and the L. K. Pegues Survey #702; in a Deed filed with the Collin County Deed Records in Vol 744, Page 595 and being as follows: BEGINNING at an iron pin set at the Southeast corner of said 96.38 acre tract in the West ROW of US 75; THENCE S. 87° 01 min West 1210 ft with the South line of said 96.38 acre tract; THENCE in a Northerly direction with the West line of said 96.38 acre tract with the center of a rock road a distance of 1528.97 ft. to a point at the Southwest corner of a 20.00 acre tract, as record in the Collin County Deed Records from Charles B. Key to Wycliffe Bible Translators, Inc., Vol 1150, Page 228; THENCE N. 89° 48 min East, with the South line of said 20.00 acre tract; THENCE in a Southerly direction downstream with center line of Cottonwood Creek, and said center line of said creek meanders along East line of said 96.38 acre tract as follows: Attachment to Ordinance No. 431-3-83 - Page 5 FIRST TRACT continued (owner: Charles B. Key) South 11° 25 min East, 2.43 ft.; South 400 30 min West, 117 ft.; South 510 00 min West, 140 ft.; South 20° 25 min East, 242 ft.; South 230 00 min West, 347 ft.; South 40 15 min East, 119 ft.; South 80 45 min East, 70 ft.; South 290 00 min East, 172.1 ft.; to an iron stk. in West ROW line of U.S. Highway #75; THENCE in a Southerly direction with the west ROW line of said Hwy as follows: South 320 31 min West, 279.5 ft. to a wood ROW marker; South 310 32 min West, 57.3 ft. to the point of beginning containing approximately 51.97 acres. iSECOND TRACT (OWNER: CHARLES B. KEY) TRACT LYING EAST OF EXPRESSWAY BEGINNING at an iron stk. at southeast corner of said 96.38 acre tract in the old center line of Cottonwood Creek; THENCE North 500 06 min West with old center line of said creek a distance of 135.3 ft. to an iron stk. in East ROW line of U.S. Highway #75; THENCE South 310 28 min West with east ROW line of said Highway a distance of 111.4 ft. to an iron stk. in south line of said 96.3 acre tract; THENCE North 870 01 min East with south line of said tract a distance of 163.5 ft. to place of BEGINNING, containing 0.174 acres of land. d FIRST TRACT (OWNER: GLEN W. PETEFISH) Situated in the County of Collin, and State of Texas, to wit: Being part of the land Patented to Gabriel Phillips, Assignee of Joseph Dixon, by Patent No. 590, Volume 9, Abstract No. 276, and described by metes and bounds as follows: BEGINNING at the Northwest corner of said Dixon survey, a stake; _2G w. s"e THENCE East with the North line of said survey 40.63 chains to the North end of an old hedge; qui/,/� THENCE South 6-1/20 West 14.26 chains a stake; THENCE South 380 West with the Right -of -Way of Interurban Railway 2.85 chains a stake; Attachment to Ordinance No. 431-3-83 - Page 6 FIRST TRACT continued (owner: Glen W. Petefish) .2//S°/. &( THENCE West 37.26 chains to a stake in the West line of said Dixon survey; "0W3.7--L- THENCE North with the West line of said survey 16.42 chains to the place of BEGINNING containing 65 acres of land, and being 65 acres of land off of the North end of a tract of 130.68 acres of conveyed by Lula Elkin and husband to T. J. Wynne on the 23rd day of August 1918 by deed recorded in Volume 220, page 263, Collin County Deed Records to which reference is here made, And being the same property conveyed by Gibson Caldwell, et ux, by deed dated November 17th, 1934, to H. J. Petefish, recorded in Volume 297, page 106, Deed Records of Collin County, Texas. SAVE and EXCEPT that portion of land as set forth in State of Texas vs. H. J. Petefish, et ux, No. 11313, in the County Court of Collin County, Texas, February Term, A.D., 1956, dated 14th day of March, 1956, being that land for U. S. Highway #75. SAVE and EXCEPT that portion of land that lies East of the Centerline of U.S. Highway #75 as set forth in the City of Allen vs. Town of Fairview, Cause No. 219-167-77, in the 219th Judicial District Court of Collin County, Texas, dated the 19th day of July, 1982; THUS containing 60.814 acres of land more or less. /SECOND TRACT (OWNER: GLEN W. PETEFISH) SITUATED about five miles South from McKinney, and being part of the Joseph Dixon Survey and bounded as follows: BEGINNING 16.42 chains South of the Northwest corner of said Dixon Survey; THENCE East 37.36 chains to West line of Interurban Railroad Right-of-way, a stake; THENCE South 380 West 29.64 chains with said Right-of-way to a stake in center of road; THENCE West 19 chains, a stake in West line of said Dixon Survey; THENCE North 23.36 chains to the place of BEGINNING, containing 65.68 acres of land, and BEING off the South side of a 130.68 acre tract of land conveyed by Lula Elkins and husband, to T. J. Wynne on the 23rd day of August, 1918, by Deed recorded in Volume 230, page 263, to which reference is hereby made. SAVE and EXCEPT that portion of land as set forth in State of Texas vs. H. J. Petefish, et ux, No. 11312, in the County Court of Collin County, Texas, February Term, A. D., 1956, dated 14th day of March, 1956, being that land for U. S. Highway #75. SAVE and EXCEPT that portion of land that lies East of the Centerline of U. S. Highway #75 as set forth in the City of Allen vs. Town of Fairview, Cause No. 219-167-77, in the 219th Judicial District Court of Collin County, Texas, dated the 19th day of July, 1982; THUS containing 51.50 acres of land more or less. Attachment to Ordinance No. 431-3-83 - Page 7 1 941 THIRD THIRD TRACT (OWNER: GLEN W. PETEFISH) BEING 43-1/3 acres in the George Phillips Survey in Collin County, Texas, on the waters of Wilson Creek, 4-1/2 miles SW from McKinney; BEGINNING at the SE corner of a tract of 103-1/3 acres out of said George Phillips Survey, set apart by the District Court of Collin County, Texas, to Sarah C. Williams, a stake in the South line of said Phillips Survey; 9&d •7 THENCE North 14.95 chains, a stake; THENCE North 84° West with center of hedge 26 chains, a point in the west line of said 103-1/3 acre tract; 1,118.1 THENCE South 50 and 40' West therewith 16.95 chains to the South line a stake on South side of hedge, 21 links south of an old stake on the North said of hedge; THENCE South 89-1/4° East 27.24 chains to the place of BEGINNING, containing 43-1/3 acres of land. SAVE and EXCEPT that portion of land as set forth in State of Texas vs. H. J. Petefish, et ux, No. 11312, in the County Court of Collin County, Texas, February Term, A. D., 1956, dated 14th day of March, 1956, being that land for U. S. Highway #75. SAVE and EXCEPT that portion of land that lies East of the Centerline of U. S. Highway #75 as set forth in the City of Allen vs. Town of Fairview, Cause No. 219-167-77, in the 219th Judicial District Court of Collin County, Texas, dated the 19th day of July, 1982; THUS containing 37.59 acres of land more or less. JFIRST TRACT (OWNER: VEDAS. STACY) SITUATED in Collin County, Texas, and consisting of 82.5 acres in the F. C. Wilmeth Survey and 6.6 acres in the L. K. Pergues Survey; BEGINNING at the Northeast corner of said F. C. Wilmeth Survey; l,GZo•3 THENCE South with the East line of said survey 24.55 chains to the West line of the Right -of -Way of the Interurban Railway, a stake; THENCE in a Southwesterly direction with said Right -of -Way to the South line of said Wilmeth Survey a stake; THENCE East 1.24 chains to the West line of the Right -of -Way of the H do T C Railroad; 1.82 THENCE South 110 West with said line of Right -of -Way 27 chains to the middle of Cottonwood Creek; THENCE up said Creek with the meanderings thereof in a Northwesterly direction to the North line of said F. C. Wilmeth Survey; 1, 8`1 �. Z THENCE East with said North line 28.70 chains to the place of BEGINNING, containing 91.5 acres of land. SAVE AND EXCEPT that portion of land as set forth in State of Texas vs. D. K. Stacy, et ux, No. 11310, in the County Court of Collin County, Texas, February Term, A. D., dated 14th day of March, 1956, being that land used for U. S. Highway #75. THUS containing 79.48 acres of land more or less. Attachment to Ordinance No. 431-3-83 - Page 8 VOL IS59,,,-,�, 942 jSECOND TRACT (OWNER: VEDAS. STACY) SITUATED in Collin County, Texas, on the waters of Cottonwood Creek, and being a part of the Henry Wetsel 640 acre survey; BEGINNING at the Northwest corner of said Henry Wetsel Survey; THENCE East with the north line of said survey 2.83 chains to a stake in the north line of said Wetsel survey; THENCE South 20.90 chains to a stake in the west line of the Right -of -Way of the Interurban Railway; THENCE South 37-3/40 West with said line of Right -of -Way 4.62 chains to a stake in the West line of said Henry Wetsel survey; THENCE North with said survey line 24.55 chains to the place of BEGINNING, containing 6.43 acres of land. SAVE AND EXCEPT that portion of land as set forth in State of Texas vs. D. K. Stacy, et ux, No. 11310, in the County Court of Collin County, Texas, February Term, A. D., dated 14th day of March, 1956, being that land used for U. S. Highway #75. THUS containing 5.43 acres of land more or less. The above two tracts of land being the same tracts as conveyed by L. J. Bush, a widow to E. H. Bush, by deed recorded in Vol. 237, Page 14, Collin County Deed Records. V THIRD TRACT (OWNER: VEDAS. STACY) SITUATED in Collin County, Texas, being a part of the Henry Wetsel Survey; BEGINNING in the North line of the Henry Wetsel, where the same is crossed by the west line of the Right -of -Way of the Interurban Railroad; THENCE West with the North line of said Henry Wetsel Survey to a stake, the same being the Northeast corner of a 6.43 acre tract conveyed by Mrs. L. J. Bush to E. H. Bush; THENCE South with the East line of said 6.43 acre tract 20.90 chains to the West line of the Right -of -Way of the Interurban Railway, a stake; THENCE North 37-3/4° East with said Right -of -Way 26.42 chains to the place of BEGINNING, containing 16.89 acres of land. SAVE AND EXCEPT that portion of land as set forth in State of Texas vs. D. K. Stacy, et ux, No. 11310, in the County Court of Collin County, Texas, February Term, A. D., dated 14th day of March, 1956, being that land used for U. S. Highway #75. THUS containing 5.84 acres of land more or less. BEING the same tract of land conveyed by Mrs. L. J. Bush, a widow, to W. H. Bush, Jr. by deed recorded in Vol. 237, Page 17, Collin County Deed Records. Attachment to Ordinance No. 431-3-83 - Page 9 J FOURTH TRACT (OWNER: VEDAS. STACY) SITUATED in Collin County, Texas, and in the H. Wetsel Survey, Abstract 1026 and T. C. Wilmeth Survey, Abstract 999, and being all that certain tract of land described in a deed from L. W. and W. H. Bush to Texas Traction Company, dated May 21, 1907, and recorded in Vol. 147, page 155, Collin County Deed Records, and a map of said tract is recorded in Vol. 147, page 156, Collin County Deed Records, and beginning at the intersection of the located line of the Texas Traction Company as shown on said map and designated thereon as "Located Line S.D.I. Ry." with the North line of the L. W. and W. H. Bush tract being also the South line of the Price Bush tract at a point on said line 90 feet distant at a right angle from the center of the main tract of the H. and T. C. Ry. Company and on the West side thereof; THENCE East along the North line of said L. W. and W. H. Bush tract 50 feet to the Western line of the ROW of said H. and T. C. Ry. Co.; THENCE Southwesterly and Southerly along said Western line of ROW 3206 ft. to a South line of said L. W. and W. H. Bush tract being also a North line of the L. W. Bush tract No. 2; THENCE West along said South line 83 ft.; THENCE Northerly and Northeasterly always parallel to and 40 feet from said located line of the Texas Traction Company 3210 ft. to the North line of the L. W. and W. H. Bush tract; THENCE East along said North line 50 ft. to the point of BEGINNING, containing 5.89 acres of land, more or less. SAVE AND EXCEPT that portion of land as set forth in State of Texas vs. D. K. Stacy, et ux, No. 11310, in the County Court of Collin County, Texas, February Term, A. D., dated 14th day of March, 1956, being that land used for U. S. Highway #75. THUS containing 1.095 acre of land more or less. u FIFTH TRACT (OWNER: VEDA S. STACY) SITUATED in Collin County, Texas, and being a part of the L. K. Pegues Survey, Abstract 702, and off the Northern portion of 10.98 acres described in a deed from L. W. Bush and wife, to the Texas Traction Company dated April 4, 1907, and recorded in Vol. 147, page 153, Collin County Deed Records, and a map of said tract is recorded in Vol. 147, page 154, of the Collin County Deed Records, and BEGINNING at the intersection of the located line of the Texas Traction Company, as shown on said map, and designated "located Line S.D.I. Ry.", with the North line of the L. W. Bush Tract No. 2, being also the South line of the L. W. and W. H. Bush tract, at a point 90 feet from the center line of the H. and T. C. Ry Co., measured at right angles therefrom and on the West side thereof; THENCE East along said line 41-1/2 feet to the Western line of the ROW of said H. and T.C. Ry. Co.; THENCE in a Southerly direction along said ROW 965 ft., more or less, to the Northeast corner of 4.75 acres described in a deed from Texas Electric Railway Company to Mrs. Lillian Shultz, dated August 29, 1949, and recorded in Vol. 405, page 332, Collin County Deed Records; THENCE Westerly 153 ft., more or less with the North line of said 4.75 acres to a stake at its Northwest corner; THENCE in a Northerly direction, parallel to and 110 feet from said located line 390 ft., more or less, to a stake; Attachment to Ordinance No. 431-3-83 - Page 10 0 �.J 9 h,-1 FIFTH TRACT continued (owner: Veda S. Stacy) THENCE East 50 ft. to a stake; THENCE Northerly, always parallel with and 60 ft. from said located line 581 ft., more or less, to the North line of said L. W. Bush tract; THENCE East along the North line of the said L. W. Bush tract 62 ft. to the place of BEGINNING, containing 2.67 acres of land. Attachment to Ordinance No. 431-3-83 - Page 11 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre. quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Public Hearing Requests for Annexation f which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Jaauary 20. 1983 and which was issued on January 20, 1983 ,by City of Alden of Collin County, Texas. A printed copy of said publication is att here o. SUBSCRIBED AND SWORN to before me this R t h ay 'February A.D. 1 Publisher's Fee $ CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the City Council of the Clty of Allen will hold a Public Hearing � on hur Tsday, February 3, 1983r.at.7:30,1,p.m, at Rountree Elemenlar� School, 800 E: =Main Street, Allen, Texas, tb consider the: followlrig requests for annexation by the following in. dividuals: '1.'E -Systems, Inc.,,re. quests the'annexation of approximately 217.261 acres of land out of the Jonathan Phillips Survey, Abstract No. 719, and the G.W. Eastes Survey, Abstract No. 301, located at the southwest corner of State Highway 121 and U.S. 75. ' 2. Doyle Samuel Stacy and Dorothy Stacy Wood request the annexation Of approximately 30 acres of land out of. the Jondathan Phillips II` Notary Public in -and for Collin Coty, Texas Commission'Expires 10/ /84 Survey, Abstract No. 719, located north of Ridgeview Drive and west of U.S' 75; and ap- proximately 88.7 acres of land out of the George Phillips Survey, Abstract N6. 701, located south of Ridgeview Drive, west of U.S. 75,and and 'wesst of a tract ,of land°owned by Ridgeview Memorial Park. ' ' - t 3. Glen W. Patel Ish re- quests, annexation of ap- proximately 149.904 acres of -land out of the George.=Phillipe Survey, Abstract No. 701, and the Joseph . Dixon Survey, Abstract Noi , 276, located west of. U.S. 75 and north. and, adjoining Stacy Road.,, 4. Veda Is'. 11 re- quests annexation of ap- proximately 97.394 acres of land out of the Henry Wetzel Survey, Abstract No. 1026,` the F.C. Wllmeth' ' Survey, Abstract No. 999, and the L.K. Pegues Survey, Abstract No. 702, located east and west of U.S. 75 and south of and adjoining Stacy Road, and also being north of Cottonwood Creek. 5. Charles'B: Key re- quests annexation of aproximately 52.144 acres of land out of the L.K. 'Pegues Survey, Abstract No. 702, and the F.C. Wilmeth Survey, Abstract No. 999, located east and west of U.S. 75, south of Cotton- wood Creek and east of and adjoining , Curtis Anyone wishing' to speak 'either, 'for, or , against these;= annexa- tion requests' is Invited to attend'kthis meeting and voice their opinion. For. further informa- tion, please contactAhe Allen City. Hall', at 727-3336 or: 424-7518 (metro).'' .. rR-Marty Hendrix, City Secretary (Published IWTherAllen American on`%Thursday. AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared JACK R. STEIN, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Consideration of requests for annexation of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on January 20,1983 and which was issued on January 20, 1983 by City of A 11 e n -___ z of Collin County, Texas. A printed copy of said publication is atta d SUBSCRIBED AND SWORN to before me this 8th f d February `. , Z,A.D.198 1 A Publisher's Fee $ yMi P BL C HEA Gi REOUESTS FOR ANNEXATION Notice is hereby given that the following In- dividuals have filed an- nexation requests with the City of Allen, for the following tracts of land: 1.. E-Systems, Inc., re- quests the annexation of approximately ,217;261 acres of land'out of the Jonathan ; Phillips Survey, Abstract No. 719, and the G.W. Eastes Survey, Abstract No. 301, located at the southwest corner of State Highway 121 and U.S. 75. 2. Doyle Samuel Stacy And Dorothy Stacy Wood Notary Public in and for Collin Colyf►ty, Texas Commission Expires 10/2/84 request the 'annexationi of approximately • 30' acres -of land out of the Jonathan.Phllips Survey, Abstract No. 719, located north of Riddeview Drive and west °of . U.S. ' 75; and ap- proximately 88.7 acres of land out of the George Phillips Survey, Abstract No. 701, Iodated south of Rldgeview Drive, west of U.S. 75, and west of a tract of land owned bye Rldgeview Memorial Park. t h, 3. Glen W,Petefish re- quests annexation of ap. proximately 149.904 acres -of land out of the Geoige Phillips Survey, Abstract No. 701, and the Joseph Dixon Survey, Abstract .No. 276, located west of U.S. 75 and north• and adjoining Stacy Road. -. 4. Veda S. Stacy re- quests annexation of ap- proximately 97. 394 acres of land out of the Henry Wetzel _Survey, Abstract No. 1026, the F.C. Wilmeth , Survey, Abstract No. 999, and the L.K. Pegues Survey, Abstract No. 702, located east and west of U.S. 75 and south of and adjoining Stacy Road, and also being north of Cottonwood Creek. 5. Charles B. Key re- quests annexation of ap- proximately,52.144 acres of land 6u6 oUlthe L.K. Pegues Survey, Abstract, No. 702, and the F.C. Wilmeth Survey, Abstract No. 999, located east and west of U.S. 75, south of Cotton- wood Creek andleast of and adjoining Curtis — An on-site public hear- ing will be held by the Ci. ty of Allen on Thursday, February 3, 1983 at 11:30 a.m. at the location of north rof,Stacy Road im- .medlately,,westaof, its In- terseclion with U.S.75 in otder'S_,, - to,,.iecelve testimony -in regard to these annexation re- quests., ,. , - Anyone' -,wishing to speak 'either 'for or against these requests is invited ,to.,,attend this public hearing'and voice their opinion:, . '`Fov further` informa- tion, please contact the Allen ' City., Hall at 727.3336 or',424.7518 (metro). City Sec ed In The n on Thu VOL 1��9-x ,945 CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA DESCRIBED BELOW Annexation Ordinance No. 431-3-83 Date of Adoption of Annexation Ordinance: March 3, 1983 Acreage Annexed: 605.403 Survey, Abstract & County: Land located in Collin County in the Jonathan Phillips Survey, Abstract 719, the G. W. Eastes Survey, Abstract 301, George Phillips Survey, Abstract 701, the Joseph Dixon Survey, Abstract 276, the Henry Wetzel Survey, Abstract 1026, the F. C. Wilmet Survey, Abstract 999 and the L. K. Pegues Survey, Abstract 702. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Allen, Texas, at the following levels and in accordance with the following schedule: 11 A. Police Service 1. Patrolling, responses to calls, and other routine police services, within the limits of existing personnel and equipment, will be provided within 60 days of the effective date of the annexation ordinance. 2. As development and construction commence within this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization, and population density within the area as determined by the City Council within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the city. B. Fire Services 1. Fire protection and emergency ambulance equipment by the present personnel -and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, Annexation Ordinance No. 431-3-83 Service Plan - Page 1 -7 VOL 1Uje- �� 916 will be provided to this area within 60 days of the effective date of the annexation ordinance. 2. As development and construction of subdivisions commence within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire and emergency ambulance services consistent with the characteristics of topography, land utiliziation, and population density of the area, as determined by the City Council, within two and one-half (2-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the city. C. Environmental Health and Code Enforcement Services 1. Enforcement of the city's environmental health ordinances and regulations, including but not limited to weed and brush ordinances, junked and abandoned vehicle ordinances, and animal control ordinances, shall be provided within this area within 60 days of the effective date of this annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. Complaints of ordinance or regulation violations within this area will be answered and investigated by existing personnel within 60 days of the effective date of the annexation ordinance. 2. The city's building, plumbing, electrical, gas, heating and air conditioning, and all other construction codes will be enforced within this area beginning within 60 days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 3. The city's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within 60 days of the effective date of the annexation ordinance. 4. All inspection services furnished by the City of Allen, but not Annexation Ordinance No. 431-3-83 Service Plan - Page 2 v�!94'x' mentioned above, will be provided to this area beginning within 60 days of the effective date of the annexation ordinance. 5. As development and construction, commence within this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the city. D. Planning and Zoning Services The planning and zoning jurisdiction of the city will extend to this area within 60 days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. Park and Recreation Services 1. Residents of this property may utilize all existing park and recreational services, facilities, and sites throughout the city, beginning within 60 days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents, will be acquired, developed and maintained at locations and times provided by applicable plans, policies and programs and decisions of the City of Allen. This property will be included in all plans for providing parks and recreation services to the city. The same level of parks and recreation services shall be furnished to this property as is furnished throughout the city. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the city, be maintained and operated by the City of Allen, but not otherwise. F. Solid Waste Collection 1. Solid waste collection shall be provided to the property in accordance with existing city policies, beginning within 60 days of the Annexation Ordinance No. 431-3-83 Service Plan - Page 3 v0 9 effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. 2. As development and construction commence within this property, and population density increases to the property level, solid waste collection shall be provided to this property in accordance with then current policies of the city as to frequency, charges and so forth. 3. Solid waste collection through the use of containers shall be available to this property through and in accordance with the terms of. the city's contract with a designated solid waste collection agency, beginning within 60 days of the effective date of the annexation ordinance. G. Streets 1. The City of Allen's existing policies with regard to street maintenance, applicable throughout the entire city, shall apply to this property beginning within 60 days of the effective date of the annexation ordinance except for the first 600 feet of Stacy Road west of U.S. 75. Unless a street within this property has been constructed or is improved to the city's standards and specifications, that street will not be maintained by the City of Allen. 2. As development, improvement or construction of streets to city standards commences within this property, the policies of the City of Allen with regard to participation in the costs thereof, acceptance upon completion, and maintenance after completion, shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City of Allen as is provided to city streets throughout the city. 4. Street lighting installed on streets improved to city standards shall be maintained by Texas Power & Light Company in accordance with current city policies: Annexation Ordinance No. 431-3-83 Service Plan - Page 4 ' 1 H. Water Services 1. Connection to existing city water mains for water service for domestic, commercial, and industrial use within this property will be provided in accordance with existing city policies. Upon connection to existing mains, water will be provided at rates established by city ordinances for such service throughout the city. 2. As development and construction of subdivisions commence within this property, water mains of the city will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable city ordinances and regulations. Such extensions will be commenced within two and one-half (2-1/2) years from the effective date of the annexation ordinance, or upon commencement of development of a subdivision within this property, whichever occurs later. 3. Water mains installed or improved to city standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Allen beginning within 60 days of the effective date of the annexation ordinance. 4. Private water lines within this property shall be maintained by their owners, in accordance with existing policies applicable throughout the city. I. Sanitary Sewer Services 1. Connections to existing city sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing city policies. Upon connection, sanitary sewage service will be provided at rates established by city ordinances for such service throughout the city. 2. Sanitary sewage mains and/or lift stations installed or improved to city standards, located in dedicated easements, and which are within the annexed area and are connected to city mains shall be maintained by the City of Allen beginning within 60 days of the effective date of the annexation ordinance. Annexation Ordinance No. 431-3-83 Service Plan - Page 5 j VOLS ` &U;-�',-9 {O 3. As development and construction of subdivisions commence within this area, sanitary sewer mains of the city will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable city ordinances and regulations. Such extensions will be commenced within two and one-half (2-1/2) years from the effective date of the annexation ordinance, or upon commencement of development of a subdivision within the property, whichever occurs later. J. Miscellaneous 1. Any facility or building located within the annexed area and utilized by the City of Allen in providing services to the area will be maintained by the city commencing upon the date of use or within 60 days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administration and administrative services of the city shall be available to the annexed area beginning within 60 days of the effective date of the annexation ordinance. *mum f &M Nw ,w..4 Annexation Ordinance No. 431-3-83 Service Plan - Page 6 l i 3 MY 26 Aid 11: 43 lig! t *A;ji:'S.ILEM—COUNTY COURT CO! Iti CJUtgt Y, TEXAS b r DEPUTY o +p OOU%TY OG COWN �1 STPiTt OF TEW RN tiled on the dete end time eAMW ht�on a ~ and wee du1y noorded In the WWW Ned i of the nemM Of I"�0111R 99d11ty� Too stamped hereon di► MAY 8 71983