O-550-10-843926
m%2293 msE772
ORDINANCE NO. 550-10-84
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO
THE CITY OF ALLEN, TEXAS, APPROXIMATELY 376.462 ACRES
LOCATED IN THE JAMES T. ROBERT SURVEY, ABSTRACT NO. 777,
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, after notice was duly published, public hearings on the proposed
annexation were held by the. City Council of Allen on September 6, 1984, 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, 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
Ordinance No. 5 5 0 -10 - 8 4 - Page 1
Ba%2 53PIGE773
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 in accordance with House Bill 1952 of the 67th Legislature,
effective September 1, 1981, attached hereto and made a part hereof for all purposes is
the Service Plan providing for municipal services in the newly annexed area.
SECTION 3. 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 4. 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 4th day of
OCTOBER
_• A41
i
'� ' _� ` ��'• APPROVED AS TO FORM:
A., ity Attorney
. 1984.
APPROVED:
1 .,ILI
,
Donald P. flo_denbaujgh,Mj'�'�
ATTEST:
M , Nv,
Marty Hendrix, qty Secretary
Ordinance No. 550-10-84 - Page 2
Attachment to Ordinance No. 550-10-84
LEGAL DESCRIPTION
SITUATED in Collin County, Texas in the James T. Roberts Survey, Abstract No. 777 and
being a consolidation of a 139.155 acre tract of land and a 240.986 acre tract of land, less a
3.678 acre tract of land, said 240.986 acre tract of land being that same tract of land
conveyed to A. P. Development, Inc. from West Energy, Inc. by deed dated July 11, 1983
and recorded in Volume 1690, page 693 of the Deed Records of Collin County, Texas, said
139.155 acre tract of land being that same tract of land conveyed to A. P. Development,
Inc. from West Energy, Inc. by deed dated July 29, 1983 and recorded in Volume 1704, page
489 of the Deed Records of Collin County, Texas, said 3.678 acre tract of land lies within
the right-of-way of proposed F.M. Hwy. #2768 a deed of which is recorded in Volume 1137,
page 863 of the Deed Records of Collin County, Texas and said consolidation being more
particularly described by metes and bounds as follows:
COMMENCING at an iron rod found for corner in the center of Stacy Road (proposed F.M.
Hwy. #2768) at the Northeast corner of the James T. Roberts Survey, Abstract No. 777
from which an iron rod found for reference in the west line of Malone Road (County Road
No. 264) and the south line of a 3.678 acre tract of land out of the herein above described
240.986 conveyed by Jack Johannes to the State of Texas by deed recorded in Volume 1137,
page 863 of the Deed Records of Collin County, Texas lies S 00 21' 58" E 55.93 feet and S
89 43' 50" W 30.01 feet;
THENCE: SO 0 21' 58" E 55.93 feet to an iron rod at the POINT OF BEGINNING;
THENCE: S 00 21' 58" E 2542.38 feet with the east line of said 240.986 acre tract and
generally along the center of Malone Road and along the east line of the
said Roberts Survey to an iron rod for corner found therein from which an
iron rod found for reference lies S 880 45' 00" W 30.00 feet;
THENCE: DUE SOUTH 2682.6 feet with the east line of the 139.155 acre tract and
the east line of said J. T. Roberts Survey along and near a road to an iron
rod for corner at the southeast corner of said Roberts Survey and at the
southeast corner of said Roberts Survey and at the intersection of (Malone
Road) County Rd. #264 with County Rd. #194 to the west;
THENCE: S 890 25' W 2864.47 feet with the south line of said Roberts Survey and
with the south line of said 139.155 acre tract and along and near a road to
an iron rod for corner;
THENCE: N 00 25' 30" W with the west line of said 139.155 acre tract and passing
iron rods at 300.0 feet and 1552.72 feet and continuing for a total distance
of 1553.82 feet to an iron rod for corner;
THENCE: S 890 11' 45" W 560.48 feet, along the south line of said 240.986 acre tract
which an existing fence crosses back and forth across the line, to an iron
rod found for corner from which a fence corner for the land to the west lies
West 2.0 feet and North 0.8 feet and a fence corner for the herein
described tract lies East 1.0 feet and North 2.5 feet;
THENCE: N 00 38' 45" W 1216.4 feet generally along and approximately 2 feet west
of an existing fence line and along a hedgerow part of the way to an iron
rod found against the north side of the base of a 24 inch diameter bois 'd
arc tree used for the fence corner;
THENCE: N 890 13' 30" W 535.3 feet generally along an existing fence and along a
hedgerow to an iron rod found for corner near a fence corner post;
THENCE: N 00 34' 15" W 897.5 feet generally along an existing fence and along a
hedgerow to an iron rod found for corner at a fence corner post;
THENCE: S 890 46' 45" E 1321.7 feet generally along the fence and along a hedgerow
to an iron rod found for corner on the south edge of a 15 inch diameter
fence corner post;
Attachment to Ordinance No. 550-10-84
B02293 2293 PA075
THENCE: N 00 03' 00" W 1582.15 feet generally along an existing fence and hedgerow
to an iron rod for corner in the south right-of-way line of proposed F.M.
Hwy. #2768 having an existing 120.0 foot wide right-of-way, said iron rod
bears S 00 03' E 68.44 feet from an iron rod in the north line of said
Roberts Survey and in the center of Stacy Road;
THENCE: With the south right-of-way line of proposed F.M. Hwy. #2768 as follows:
N 890 00' 00" E 359.7 feet to an iron rod at a point of curve to the right;
With said curve having an arc length of 98.60 feet, a central angle of 00 59'
4711, a radius of 5669.6 feet and a chord bearing and distance of N 890 30'
04" E 98.6 feet;
N 890 59' 47" E 1584.6 feet to an iron rod;
N 890 43' 50" E 614.80 feet to the POINT OF BEGINNING and containing
16,398,699 square feet or 376.462 acres of land more or less of which 5.161
acres of land lies within a public road for which no record of conveyance
could be bound and 0.321 acres in a drainage easement to the State of
Texas recorded in Volume 1704, page 343 of the Deed Records of Collin
County, Texas and leaving 370.980 net acres of land more or less.
BOOK2293 PAGE7 76
CITY OF ALLEN, COLLIN COUNTY, TEXAS
SERVICE PLAN FOR ANNEXED AREA
Annexation Ordinance No. 550-10-g4
Date of Adoption of Annexation Ordinance: 10 - 4 - 8 4
Acreage Annexed: Approximately 376.462 Acres
Survey, Abstract 6 County: Located in the James T. Roberts Survey, Abstract No.
777.
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:
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
Ordinance No. 550-10-84 Service Plan - Page 1
god 2293
stations, 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
Ordinance No. 550-10-84 Service Plan - Page 2
wx2293 w078
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
Ordinance No. 550-10-84 Service Plan - Page 3
NOX2203 tksM,79
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. 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.
H. Water Services
1. Connection to existing city water mains for water service for
Ordinance No. 550-10-84 Service Plan - Page 4
MM2293 enE180
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 the 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.
Ordinance No. 550-10-84 Service Plan - Page 5
enoic2953
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 begin aaccordance with applicable city ordinances
14
and regulationve,Such 'extensions, will be commenced within two and one-
half (2-1/2) years from'be effective date of the annexation ordinance, or
upon commencement;of development of a subdivision within the property,
whichever occurs lat6t'.5"•)
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.
Ordinance No. 550-10-84 Service Plan - Page 6
1996 Rli 211 37
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Allen, Texas 75002
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Rel v r A'1 40.
CITY SECRETARY
City of Allen
i Butler Circle
Allen, Texas 15002
0
40
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F. Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared At5gX�6XXSM, 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
r,City of Allen Notice of Public Hearing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
August 20, 1984
and which was issued on August 20, 1984 ,by City of Allen
of Collin County, Texas. A printed copy of said publication is attac whereto
SUBSCRIBED AND SWORN to before me this 6th day of Se t e m b e r , A.D. 19 84 I_ Notary Public in and for Collin County, Texas
Publisher's Fee $ R' Loo Dianne Kerr
Commission Expires 10/14/87
CITY OF ALLEN
NOTICE OF
PUBLIC HEARING
Notice is hereby given
that the AilenCRyCoun-
cif will conduct a public
hearing at 7.30 p.m- on
Thursday, September 6,
1984, in the Council
Chambers of the Allen
Municipal' Annex, .4 One
Butler Circle, Allen,
Texas, to consider a re-
quest from Sam Ware of
the Dabney Companies,
Inc_, to annex approx-
imately 376-462 acres of
land out of the .lames'T-
Roberts Survey, Abstract
No. 777, located west of
Malone Road, north of
.Exchange' Boulevards
and south of Stacy Rdad,
into the City of Allen.
Anyone wishing, to
speak -either FOR' dr
AGAINST this request is
ipviteb to attend ; this
hear5ngoand voice their
opinion- '
For furtherintorma
tion, contact - the AIIen
Municipal Annex at -
727 -$171 or` (metro)
424-7518` f
Marty Hendrix
City Secretary
(Published in the Allen
American on Monday, 4
August 20, IM4.)
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
Charles F. Barnard, Jr.
BEFORE ME, the undersigned authority, on this day personally appeared j0A%>5(XX (1W, 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
City of Allen Nn ice of Public Hearing
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
August 2n, 1984
and which was issued on August 20, 1984 'by City of Allen
of Collin County, Texas. A printed copy of said publication is attachedh,to. J a n
SUBSCRIBED AND SWORN to before me this 6th-1day of September , A.D. 13 8 4
Publisher's Fee $ q1&0
: "CITY OF ALLEN
NOTICE OF
PUBLIC.HEARING
,Notice is hereby given
that the City of Allen will
cdriduct a.oublic'6earing.
at'1:00 p.m. on Thursday,
September 6,1984; in the
Council Chambers of the
Allen Municipal Annex,
One Butler, Circle, Allen,
Teiias, toconsider a re-
quest from Sam Ware of
'the Dat3ney Companies,
Inc., to 'annex apprdx-
imately 376.462 acres of
land out•6f the lames T.
Roberts Survey, Abstract
No. 777, Ibcated west of
Malone,, Road,+ north of
Exchange Boulevard,
and south of Stacy Road,
into the City of Allen.
Anyone' Wishing oto
speak either FOR or
AGAINST this request is
invited ;to ,attend this
`hearing and.voicb their
opinion. -I;
For -further informa-
tion, contact the Allen
Municipol '*Annex at
727-9171 or, (metro)
424.7518.
Notary Public in and for Collin County, Texas
Dianne Kerr
Commission Expires 10/14/87
CitySecretary
(Published in tn
he 'Alle
American 'on Monday,
August 20, 1984.)