O-799-7-87ORDINANCE NO. 799-7-87
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, ABANDONING A PORTION OF A SANITARY SEWER
EASEMENT LOCATED ON A TRACT OF LAND SITUATED IN THE G. W.
FORD SURVEY, ABSTRACT NO. 328, AND FURTHER BEING A PART
OF COTTONWOOD BEND NORTH PHASE TWO, AN ADDITION TO THE
CITY OF ALLEN, AS RECORDED IN CABINET F, PAGE 751, OF THE
DEED RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR
EXHIBITS "A" AND "B"; PROVIDING FOR A SEVERABILITY 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 Cottonwood
Bend North; and,
WHEREAS, provision was made for realignment of a portion of the sanitary
sewer; and,
WHEREAS, the final plat approved by the Planning and Zoning Commission
reflected a portion of the sanitary sewer easement to be abandoned in the future; and,
WHEREAS, the sanitary sewer has been satisfactorily rerouted in accordance
with the City of Allen engineering designs; and,
WHEREAS, the City Engineer has recommended that the portion of sanitary
sewer 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 sanitary sewer easement as described
herein;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1: That the portion of the sanitary sewer easement described in
Exhibits "A" and "B" are hereby forever abandoned.
SECTION 2: That Exhibits "A" and "B" are attached hereto and made a part
hereof for all purposes and further describe the portion of sanitary sewer easement to
be abandoned.
Ordinance No. 799-7-87
- Page 1
SECTION 3: That all ordinances of the City of Allen in conflict with the
provisions of this ordinance shall be and the same are hereby repealed; provided,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: That it appears the Cottonwood Bend North Phase Two
development requires abandonment of the portion of sanitary sewer easement described
herein in order to permit its proper development, and, in order to protect the public
interest, comfort, and general welfare of the City of Allen, creates an urgency and an
emergency for the preservation of the public health, safety and welfare, and requires
that this ordinance shall take effect immediately from and after its passage and
publication of the caption of said ordinance as the law in such cases provides.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF
ALLEN, TEXAS, ON THE 2nd DAY OF JULY , 1987.
APPROVED:
4 Donald P. Rodenbaugh,ayor
ATTEST:
' Mary Hendrix, CMry, City Secretary
APPROVED AS TO FORM:
A.on rowder, City Attorney
Ordinance No. 799-7-87 - Page 2
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CITY OF ALLAN
ENGINEEMNS DEPT.
DEC 3 1986
ECEIVE
FIELD NOTES
SEWER EASEMENT ABANDONMENT
BEING a tract of land situated in the G.W. Ford Survey, Abstract
No. 328, City of Allen, Texas, and further being part of
Cottonwood Bend North, Phase II, an addition to the City of
Allen, Texas, as recorded in Cabinet F, Page 751 of the Deed
Records of Collin County, Texas, and being more particularly
described as follows:
COMMENCING at the intersection of the North line of Bethany Road
(a 120' R.O.W.), with the East line of Ashwood Drive (a 50'
R.O.W.), a point for corner;
THENCE N 0' 23' 30" W, along said East line of Ashwood Drive, a
distance of122.89 feet to the PLACE OF BEGINNING, a point for
corner;
THENCE N 8' 19' W, leaving said East line of Ashwood Drive, a
distance of 1,118.69 feet to a point on the North line of said
Cottonwood Bend North, Phase II, said point also being on the
North line of a 16' wide alley, a point for corner;
THENCE N 89° 54' 11" E, along said North line of Cottonwood Bend
North, Phase II, and the said North line of a 16' wide alley, a
distance of 30.31 feet to a point for corner;
THENCE S 8' 19' E, leaving said North line of Cottonwood Bend
North, Phase II, and the North line of a 16' wide alley,
a distance of 898.85 feet to a point on the said East line of
Ashwood Drive, a point for corner;
THENCE S 0' 23' 30" E, along said East line of Ashwood Drive, a
distance of 217.59 feet to the PLACE OF BEGINNING and containing
30,263 square feet or 0.6947 acres of land.
CITY OF ALLAN
ENGINEERING DEPT.
r) EC 3 1986
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EXHIBIT "C"
*An a
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared R. WAYNE NVEDG ENVORTH, 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 li-cyuently than once a
week, having a general circulation in said county, and having been published regularly and continuously lir more than twelve months
prior to publishing
Public Notice - Ordinance # 799-7-87
of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on
July 12, 15, 1987
and which was issued on July 12, 1987 b City of A len
of Collin County, Texas. A printed copy of said publication i atta • e he eto.
7 A �
A J•
SUBSCRIBED AND SWORN to before me this17th day of u9uSt A.D. 19 87
Publisher's fee s 32.40 a Notary Pub 6
in and for Collin County, Tc.Vas
DUE TO THE OMISSION, by the Allen
American the following legal'notice will be
published Sunday, July}12tti,,& Wednes-
day, July 15th. i'
/ R
l� CITY OF ALLEN w, '
PUBLIC NOTICE
Notice is hereby given that the Alle ity
Council adopted the following ordinance at
their regularlmeeting' held on Thrusday,
July 2111987 (Title only):L.
.tet' 31
Ordinance'6. 799�87::An Ordinance
of the City of Allen;t Collin County; OTexas;
Abandoning a Portion of a Sanitary�Sewer
Easement Located76n;a Tract;of7Land
Situated in the G.W! Ford Survey'At6ract
No,328, Further Being Part of Cottonwood
Bend North Phast,Two, an'Additi6n1to the
City;of Allen, as,Recorded in Ca6met F,
Page 751, of the' Deed 'Records bf Collin
County Texas; Providing for Exhibits "A"
and•"B"; Providing for a Severability
Clause; and Providing*for -an Effective
Date.
A copy of this ordianance may tie read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Allen,
Texas.
Ss +frti ktMarty Hendrix
r CMCI CITY SECRETARY
I
TO BE PUBLISHED IN THE ALLEN
AMERICAN ON WEDNESDAY, JULY 8
1987 AND SUNDAY, JULY 12, 1987.
DUE TO THE OMISSION by the Allen
American the following legal notice will be
published Sunday, July 12th,J& Wednes-
day, July 15th:
CITY OF ALLEN `
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thrusday,
July 2, 1987 (Title 0nly):4
Ordinance No., 799-T-87; An Ordinance
of the City of Allen, Colliin,County, Texas,
Abandoning a Portion of a Sanitary Sewer
Easement Located on, a Tract of [Land
Situated in the G.W. Ford Survey, Absfract
No. 328, Further Being Part of Cottonwood
Bend North Phast Two, an Addition to the
City of Allen, as Recorded,; in Cabinet F,
Page 751, of the Debd Records of Collin
County, Texas; Provlding'pr Exhibits "A"
and "B"; Providingrfor;VSeverability
Clause; and Providing Iforx an Effective
Date. �.
A copy of this ordianance may be read or
purchased in the office of the City, Secret-
ary, City of Allen, One Butler'Circle, Allen,
Texas.
Marty Hendrix
CMC CITY SECRETARY
i 11
TO BE' PUBLISHED IN THE ALLEN
AMER ICAN•ONIWEDNESDAY; JULY 8
1987 AND SUNDAY, JULY 12,'1987.•