O-804-8-87ORDINANCE NO. 804-8-87
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY,
TEXAS, DISANNEXING 8.614 ACRES OF LAND OUT OF THE SIMPSON
M. PULLIAM SURVEY, ABSTRACT NO. 707, AND THE GEORGE WHITE
SURVEY, ABSTRACT NO. 993, FROM THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, SO AS TO EXCLUDE SAID PROPERTY FROM THE
CITY ,LIMITS; AND PROVIDING A SEVERABILITY CLAUSE AND AN
EFFECTIVE DATE.
WHEREAS, the 8.614 acres of land in the Simpson M. Pulliam Survey, Abstract
No. 707, and the George White Survey, Abstract No. 993, presently lies within the city
limits of the City of Allen, Texas; and,
WHEREAS, the owner of said land has petitioned the City requesting that said
land be disannexed from the City of Allen, Texas; and,
WHEREAS, the City Council of the City of Allen, Texas, has determined that
such territory is not suitable or necessary for City purposes at this time;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. That all of the 8.614 acres of land in the Simpson M. Pulliam
Survey, Abstract No. 707, and the George White Survey, Abstract No. 993, more
particularly described by metes and bounds in Exhibit "A" attached hereto and made a
part hereof for all purposes, be and the same is hereby disannexed from the City of
Allen, Texas, so as to exclude the territory described in Exhibit "A" from the corporate
limits of the City of Allen, Collin County, Texas.
SECTION 2. That in- accordance with Article I, Section 1.01B(3) of the City
Charter of the City of Allen, Texas, said territory shall still be liable for its pro rata
share of any debts incurred while said area was a part of the City; and the City may
continue to levy, assess and collect taxes on the property within said territory to pay
any indebtedness incurred while said area was a part of the City as though the same had
not beeen excluded from the boundaries of the City.
SECTION 3. That the City Secretary is hereby directed to enter this
Ordinance No. 804-8-87 - Page 1
Ordinance upon the minutes and records of the City of Allen, Texas, and is further
directed to file with the County Clerk of Collin County, Texas, a certified copy of this
Ordinance.
SECTION 4. That it is the intention of the City Council of the City of Allen
that this Ordinance and every provision thereof shall be considered severable and the
invalidity of any seciton, clause or provision or part or portion of any section, clause or
provision of this Ordinance shall not affect the validity of any other portion of this
Ordinance.
SECTION 5. That this Ordinance shall become effective immediately upon
its passage and publication as required by law.
1987.
DULY PASSED AND APPROVED this the 20th day of AUGUST ,
APPROVED:
ATTEST: -
i
f
Marty Hendrix, C18C, City Secretary
?ROVED AS TO FORM:
A. Don Crowdbr, City A
Ordinance No. 804-8-87 - Page 2
Page 2
Disannexation Request
August 14, 1987
RECOMMENDATION
Based on the agreement between Collin County and the Cities
of Allen, Frisco, McKinney and Plano on the alignment of
F.M. 2478 being just east of the Rowlett Cemetary and
based on the existing agreement between the Cities of
Plano and Allen, setting Custer Road as the boundary
between the two Cities, it is the staff's recommendation
that the Council approve this disannexation request.
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SITE BOUNDARY AND LOCATION
SHOPPING CENTER, SWC CUSTER/121 D JBG PLANNERS, INC.
COLLINCRAFT JOINT VENTURE Q D DALLAS, TEXAS
July 17, 1987
Ms. Marty Hendricks
City Secretary
City of Allen
One Butler Circle
Allen, TX 75002
GIHON FINANCIAL CORPORATION
17304 PRESTON ROAD, SUITE 975
DALLAS, TEXAS 75252
214.931-0474 X,
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C!)y OF 198 ,
CITY 86QrrARy �0
COrLINCROFT JOINT VENTURE SEC/SWC CUSTER RD. AND S.H. 121 SITE
(ATTACHED) REQUEST FOR DISANNEXATION FROM THE CITY OF ALLEN
AND ANNEXATION BY THE CITY OF PLANO
JOB NO. 86026
Dear Ms. Hendricks:
Collincroft Joint Venture, the owners of the aforementioned property,
hereby request disannexation from the city. Presently, we are applying
for annexation and rezoning of the tract by the City of Plano; and, we
have already filed our requests with Plano's Planning Department.
if you have any questions, do not fail to contact our offices or Plano
on our behalf. We believe this request for a change in city affiliation
is in accordance with both cities' comprehensive plans and has already
been coordinated. Please let me know if there are any further materials
or information that you require.
Sincerely,
Calvin T. McKibben, Treasurer
Gihon Financial Corporation
Managing Partner
CTM:ak
enclosure
CC: Mr. Frank Turner, AICP
(Planning Director, City of Plano)
Mr. Michael Barr
(Fambro Companies)
Mr. Joel B. Goldsteen, PH. D. , AICP
(JBG Planners, Inc.)
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NOTE: Approximate location and arc..=. as
determined from National Flood Insurance
Program, Flood Insurance Race Map Nu.
480131 0001 B. City.of Allen, dacet
Juni: 1. 1978.
Approximately 7.7 acres.
0
SURVEY PLAT
DATE: September 12, 1984
SITUATED in the State of Texas and County of Collin, being a part of Simpson
M. Pulliam Survey, Abstract No. 707 and a part of the George White Survey. Abstract
No. 993, being the same premises described and conveyed as Tract I by deed recorded
in Volume 917, Page 515 of the Collin County Deed Records and to which reference l
is herein made for further description:
BEGINNING on the couch line of State Highway No. 121 at an iron rod found marking
the northeast end of a sight distance corner cutoff line to F. M. Highway No.
2478;
THENCE with the south line of State Highway No. 121, North 66'52'10" East, a
distance of 79.39 feet to a concrete monumencl
THENCE continuing with the south line of State Highway No. 121, North 55'55'30"
East, a distance of 101.81 feet to a concrete monument;
THENCE continuing with the south line of State Highway No. 121, North 67.11'00"
East, a distance of 495.72 feet to a concrete monument on the northwest end of
a sight distance corner cutoff line co a county road;
THENCE with said cutoff line. South 57'15'03" East, a distance of 44.28 feet
to a concrete monument;
THENCE North 69'44'08•' East, A distance of 23.50 feet to an iron rod found on
the centerline of said -county road;
THENCE with the centerline of said county road, South 0'45'27" East, a distance
of 663.00 feet to the center of a creek;
THENCE South 87'03'22" West, a distance of 538.20 feet to an iron rod found for
angle point;
THENCE South 89'15'20" Wesc, a distance of 36.50 feet to an iron rod found on
the east line of aforementioned F. H. Highway No. 2478;
THENCE with the east line of F. M. Highway No. 2478, North 21'25'10" West, a
distance of 31.75 feet to an iron rod found for angle point;
THENCE continuing with the east line of said F. M. Highway No. 2478, North 20'36'00•'
West, a distance of 352.55 feet to a concrete monument found marking the southwest
end of a sight distance corner cutoff line;
THLNCE with said cutoff line. North 22'12'40" East, a distance of 72.22 feet
LO the pincc of'beginning and containing 375,248 square feet or 8.614 acres.
On the basis of my knowledge, information and belief. I certify to Fambro Company
and Plano Title Company that as a result of a survey made on the ground
to the normal standard of care of Professional Land Surveyors practicing in the
Scare of Texas, 1 find that this survey was made as per the field notes shown
on this survey and is true, correct, and accurate as to the boundaries and areas
of the subject property and the: size, location and type of buildings and improvements
thereon, if any, and as to the ocher matters shown hereon, and correctly shows
the location of all visible easements and rights-of-way and of all rights-of-
way, casements and any ocher matters of record of which I have knowledge or have
been advised, whether or not of record, affecting the subject propertyy.
Except as shown on the survey, there are no encroachments upon the aubjret property
by improvements on adjacent property, there are no encroachments on adjacent
property, streets, or alleys by improvements on the subject property, and there
are no conflicts or protrusions.
Adequate ingress to and egress from the subject property is provided by State
Highway No. 121 and F. M. Highway No. 2478, same being paved, dedicated rights-
of-way maintained by the State of Texas.
Jack W. Roome. Registered Public urveyor, No. 295
City of Atien
TO: MAYOR AND MEMBERS OF ALLEN CITY COUNCIL
I ti—
FROM: MCCARTY, CITY MANAGER
SUBJECT: DISANNEXATION REQUEST
DATE: AUGUST 14, 1987
BACKGROUND
In mid-July the City received a request from a representative
of the property owner asking that the City disannex the
8.6 acres located immediately at the southeast intersection
of Custer Road and S.H. 121. This disannexation request
was based upon the property owner's understanding that
Custer Road (F.M. 2478) would be realigned to the east
side of his property and because of the existing agree-
ments between the Cities of Plano and Allen stipulating
that Custer Road, its present or future alignment will
serve as the boundary line between the two jurisdictions.
ANALYSIS
The present configuration of F.M. 2478 requires that either
the northern section (north of S.H. 121) be realigned to
accommodate the existing alignment of the roadway south
of S.H. 121 or in the reverse. The intersection of Custer
Road and S.H. 121 represents boundaries of four cities.
On the northeast is McKinney, southeast is Allen, southwest
is Plano, northwest is Frisco. I understand all four cities
are in agreement with this proposed alignment. We also
learned from Plano that they have an agreement with the
State Department of Highways and Public Transportation
requiring that the Highway Department construct F.M. 2478
from Legacy to McDermott with the City of Plano constructing
F.M. 2478 from McDermott to S.H. 121. I understand from
Plano representatives that Collin County will probably
participate in the construction costs because multiple
jurisdictions are involved. The City of Allen's participa-
tion at this point will be to assist (through the planning
process) in the acquisition of right-of-way for the
proposed alignment.
One Butler Circle - Allen. Texas i 5002.214/727-9171 Metro 214/424-7518
Attachment To
bRDINANCE NO. 804-878.7
ADOPTED 8-2.0-87
"EXHIBIT All
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79.39 -�
Ptd/NT OF
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72.220
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Approx. 100 Yr.
Flood Plain Line I
751148
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Flood Plain Line I
751148
SQ.
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8.614
ACRE
-8
20' Esm`t,
Vol. 407. Fig. 499
Defined
Vol. 696, Pg. 772
LLJ
simpoola M. pullfu,,M Surveys,
Abstract No. 707
HIOh Bank Q
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NOTE: Approximate location and area as
determined from National Flood Insurance
Program, Flood Insurance Rate Map No,
480131 0001 B, City of Allen, dated
June 1, 1978.
Approximately 7.7 acres.
I
SURVEY PLAT
DATE: September 12, 1984
SITUATED in the State of Texas and County of Collin, being a part of Simpson
M. Pulliam Survey, Abstract No. 707 and a part of the George White Survey,. Abstract
No. 993, being the same premises described and conveyed as "tract I by deed recorded
in Volume 917, Page 515 of the Collin County Deed Records and to which reference
is herein made for further description:
BEGINNING on the south line of State Highway No. 121 at an iron rod found marking
the northeast end of a sight distance corner cutoff line to F. M. Highway No.
2478;
THENCE with the south line of State Highway No. 121, North 66"52'10" East, a
distance of 79.39 feet to a concrete monument;
THENCE continuing with the south line of State Highway No. 121, North 5555'30"
East, a distance of 101.81 feet to a concrete monument;
THENCE continuing with the south line of State Highway No. 121, North 67'11'00"
East, a distance of 495.72 feet to a concrete monument on the northwest end of
a sight distance corner cutoff line to a county road;
THENCE with said cutoff line, South 57'15'03" East, a distance of 44.28 feet
to a concrete monument;
THENCE North 69°44'08" East, a distance of 23.50 feet to an iron rod found on
the centerline of said county road;
'WHENCE with the centerline of said county road, South 0°45'27" East, a distance
of 663.00 feet to the center of a creek;
THENCE South 87"03'22" West, a distance of 538.20 feet to an iron rod found for
angle point;
THENCE South 89'15'20" West, a distance of 36.50 feet to an iron rod found on
the east line of aforementioned F. M. Highway No. 2478;
THENCE with the east line of F. M. Highway No. 2478, North 21°25'10" West, a
distance of 31.75 feet to an iron rod found for angle point;
THENCE continuing with the east line of said F. M. Highway No. 2478, North 20036'00"
West, a distance of 352.55 feet to a concrete-: monument found marking the southwest
end of a sight distance corner cutoff line;
THENCE with said cutoff line, North 22012'40" East, a distance of 72.22 feet
to the place of beginning and containing 375,248 square feet or 8.614 acres.
On the basis of my knowledge, information and -belief, I certify to Fambro Company
and Plano Title Company that as a result of a survey made on the ground
to the normal standard of care of Professional Land Surveyors practicing in the
State of Texas , I find that this survey was made as per the field notes shown
on this survey and is true, correct, and. accurate as to the boundaries and areas
of the subject property and the size, location and type of buildings and improvements
thereon, if any, and as to the other matters shown hereon, and correctly shows
the location of all visible easements and rights-of-way and of all rights-of-
way, easements and any other matters of record of which I have knowledge or have
been advised, whether or not of record, affecting the subject property.
Except as shown on the survey, there are no encroachments upon the subject property
by improvements on adjacent property, there are no encroachments on adjacent
property, streets, or alleys by improvements on the subject property, and there
are no conflicts or protrusions.
Adequate ingress to and egress from the subject property is provided by State
Highway No. 121 and F. M. Highway No. 2478, same being paved, dedicated rights-
of-way maintained by the State of Texas.
acT_W oome , Registered Ful
is surveyor, No. 295
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No. D.1• Review
STATE HIGHWAY 121
PLAN SCHEMATIC DESIGN Barton-Aschm�
Associates, Inc
FM 2478 TO CUSTER ROAD COLLIN COUNTY
ALTERNATIVE A DEPARTMENT OF PUBLIC WORKS