O-841-3-882801 926
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ORDINANCE NO. 841-3-88
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 R. C.
WHISENANT SURVEY, ABSTRACT NO. 1012, AND FURTHER BEING A
PORTION OF A 20' UTILITY EASEMENT TO THE CITY OF ALLEN, AS
RECORDED IN VOLUME 1730 AT PAGE 839 OF THE COLLIN COUNTY
DEED RECORDS, 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 7B; 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, access to the sanitary sewer has been satisfactorily provided for
maintenance and repair in accordance with the City of Allen engineering designs; and,
WHEREAS, the City Engineer has recommended that the portion of the 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
the attached Exhibits "A" and 11131' 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 that portion of the sanitary sewer easement
to be abandoned.
SECTION 3. That all ordinances of the City of Allen in conflict with the
Ordinance No. 841-3-88 - Page 1
�2801 927
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provisions of this Ordinance shall be, and the same are hereby, repealed; provided,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 7B 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 3rd DAY OF MARCH , 1988.
APPROVED:,
• GP
J Farmer, Mayor
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ATTEST:
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t ' Marty Hendrix, C ,City Secretary
O . DCA TO FORM:
`t•. E M ( k
ANY PROVISION HEREIN WHICH RESTRICTS THE SALE,'�
A. Don Crowder, City RENTAL OR USE OF THE DESCRIBED REAL PROPERTY
BECAUSE OF COLOR OR RACE IS INVALID AND UNEN-
F9RCEABLE UNDER FEDERAL LAW.
Ordinance No. 841-3-88 - Page 2
ATTACHMENT TO:
Ordinance No. 841-3-88
Adopted: 3/3/88
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ATTACHMENT TO:
Ordinance No. 841-3-88
Adopted: 3/3/88
MAR 14 Pli 3, 27
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STATE OF TEXAS COUNTY OF COWN
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ATTACHMENT TO: , ••
280 1 9 2 8 Ordinance_ No. 841-3-88
EXHIBIT "B" Adopted: 3/3/88
LEGAL DESCRIPTION FOR EASEMENT TO BE ABANDONED
FIELD NOTES
BEING a tract of land situated in the R.C. Whisenant Survey, Abstract
No. 1012, City of Allen, Collin County, Texas, and further being a
portion of a 20' Utility Easement to the City of Allen, as recorded in
Volume 1730 at Page 839 of the Collin County Deed Records, and being
more particularly described as follows:
COMMENCING at the Northwesterly corner of the 65 -acre Smith Tract,
said corner being N 0° 25' 46" E, a distance of 2252.59 feet from the
centerline of Chaparral Road, an iron stake for corner;
THENCE N 44" 39' 28" W, a distance of 7.06 feet to a corner of said
20' Utility Easement, the PLACE OF BEGINNING, a point for corner;
THENCE N 440 19' 58" W, a distance of 28.41 feet to a point for
corner;
THENCE S 890 44' 42" E, a distance of 268.87 feet to a point for
corner;
THENCE N 880 55' 18" E, a distance of 555.78 feet to a point for
corner;
THENCE N 870 44' 31" E, a distance of 563.00 feet to a point for
corner;
THENCE S 70 50' 09" E, a distance of 20.31 feet to a point for corner;
THENCE S 870 44' 31" W, a distance of 565.98 feet to a point for
corner;
THENCE S 880 55' 18" W, a distance of 555.43 feet to a point for
corner;
THENCE N 890 44' 42" W, a distance of 249.16 feet to the PLACE OF
BEGINNING and containing 0.6403 acres of land.
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