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O-873-9-88ORDINANCE NO. 873-9-88 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ABANDONING A PORTION OF A 10 -FOOT UTILITY EASEMENT ACROSS THE REAR OF LOT 17, BLOCK A, FOUNTAIN PARK EAST INSTALLMENT 1 ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AS RECORDED BY PLAT IN THE COLLIN COUNTY DEED RECORDS; PROVIDING FOR EXHIBITS "A", "B", "C", "D", TME", "F" AND "G"; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, an approved subdivision plat for Fountain Park East Installment 1 was filed of record in the Collin County Deed Records on October 31, 1979; and, WHEREAS, Lot 17, Block A, of such subdivision plat, reflects a 10 -foot utility easement; and, WHEREAS, an encroachment of such easement presently exists with a swimming pool structure; and, WHEREAS, Goodman Homes has requested an abandonment of a portion of such 10 -foot utility easement; and, WHEREAS, the utility companies have submitted evidence that this portion of the easement is not necessary for the distribution of their services; and, WHEREAS, the City of Allen has concluded that this portion of the easement is not necessary for future extensions of services; and, WHEREAS, the City Council has reviewed the request and evidence and has concluded that this portion of the utility easement is no longer necessary for future extension of services; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That the portion of the 10 -foot utility easement described in the attached 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 that portion of the 10 -foot utility easement to be abandoned. Ordinance No. 8 7 3- 9- 8 8 - Page 1 A SECTION 3. That Exhibit "C" is attached hereto and made a part hereof for all purposes and is a true and correct copy of an instrument to be filed in the Collin County Deed Records over the signature of the City Manager. SECTION 4. That Exhibits "D", "E", "F" and "G" are attached hereto and made a part hereof for all purposes, and further describe as evidence that the utility companies have agreed to the abandoment of that portion of the 10 -foot utility easement described in Exhibits "A" and "B". SECTION 5. 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 that the abandonment of a portion of a 10 -foot utility easement herein described is in the best interest of the public comfort and general welfare of the City of Allen and 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 1st DAY OF SEPTEMBER, 1988. APPROVED: Jo Farmer, Mayor ATTEST: PPROVED AS TO FORM: Marty Hendrix, CM(3, City Secretary City,�ttorney Ordinance No. 873-9-88 - Page 2 "EXHIBIT A" SURVEY PLAT Property located at No. 101 3 Sanayc _cel: Driv_Q_ , in the City of _ Al -len Texas, described as follows: Lot No. 1 7' Block No.____--�__—__--_--_ of___-_-FQ_v!LL1�R__��rk��1I�_7r►St 1 merit 1 Addition, an addition to the City of __.—.._:_.fl�-�_____—_—_______- `, I. Texas, according to the 21010 — recorded in Volume _Hat page 1'397 _. of the Map Records of. --__-_,Texas NOTE, No part Of t.ite, nrnnert.y 'iS0 year. flood boundary poo- Comm. Panel No. 480131 0002B of the U. S. .'De;�t. of H.U.11.•' rlood Ins. Rate Mites for Lac C.i.ty of Allen, 'texas, :dated. -June 1, 1978. /�L/TiL rTy F.../tS6MFJ�/T .` � •. .. ,.i L',Lr� i voL.I?43' I� +gI HICIH M FADOk S SEGOL.iD ^P P, ' a •.r ' �;V '7 . 7701 OF' �(6 I, Fl .fZ , Bim, t ►J n1 t _ 12I X T -q 78 ro. LlJr i8 �T�7 '8'F'�K \ `s•` it r 1. N//:vv CERTIFICATION L„ �;.7 ! `• On the bass of my knowlydye. information and belief. I certify to Ga iGoodmanthat as a result of a survey ,nade on the ground to the normal standard of care of Professional Lana Surveyors practicing in the State of Texas. I find the plat hereon is a true, correct, and accurate representation of the property as determined by surve , the lines and dimen- ,i sions of said property bung as indicated by the plat: the size, location, and type of buildings and impp-ove s shown, all im- provements being within the boundaries of the property, set back from property lines the distances indi • •� �� Lance from the nearest intersecting street, or road is as shown on said plat y�Q:• • ••.'4� ! THERE ARE NO ENCROACHMENTS OR PROTRUSIONS EXCEPT. •..5 .............. Scale. 2 C. F. E. BEMENDERFER, JR. July v 7 8, 1988 ..:.................... Date &"A 4051 � k— Lu} � �1 � 1-� t_ y��C i,l {•tri �t�) SU .I i T , 1,1.1: '' i l l t ' � , , : •,, .., .) , i n l l . , U h; Rl l l i ; � : S, I I i `i'.. •:a ,. i / f l ltyi,Y+e;"P T ,rA N (1 11641.; T,'k. .. h4', ,il:e.•&.7.50 7 It ...1..;(4, • "EXHIBIT B" 0+ JACK W. R®OME -SURVEYING, INC.— - - - ----- - - --- - Field Note Description Lot 17 Block A Fountain Park East Installment 1 Fool built into Utility Easement SITUATED in the State of Texas, County of Collin and City of Al 1 en, being part of the Peter Fisher, Survey, AAstract No. 324, being an as -built description of an existing pool as it lies in a 10 -foot utility easement along the west line of Lot 17, Block A of the Second Replat of the Final Flat- of the Seventh Section of Fountain Park, an Addition to the City of Allen as recorded in Volume F, Page 602 of the Collin County Map Records, and being more particularly described as follows: COMMENCING FOR REFERENCE at an iron rod found marking the southwest corner of said Lot; THENCE with the south line of said Lot, South 89 degrees 43 minutes 45 seconds East, a distance of 10.00 feet to a point in the east line of said 10 -foot utility easement; THENCE with the east line of said easement, North 00 degrees 20 minutes 56 seconds East, a distance of 46.09 feet to the South edge of the existing pool tile ( at spa ) and being the PRINCIPAL PLACE OF BEGINNING for the herein described parcel; THENCE in a northwesterly direction with said curving p0�,1 tile, a curve to the right having a central angle of 71 degrees 56 minutes 02 seconds with a radius of 4.00 feet, for an arc distance of 5.02 feet to a paint in the west edge of a curving pool tile to the right ( chord = North 09 degrees 38 minutes 32 seconds West, a distance of 4.70 feet) ; THENCE in a northwesterly direction with the west edge of said curving pool tile, a curve to the right having a central angle of 95 degrees 51 minutes 45 seconds with a radius of 7.00 feet, for an arc distance of 11.71 feet to a point of reverse curve ( chord = North 03 degrees 04 minutes 32 seconds West, a distance of 10.39 feet ) ; THENCE in a northwesterly direction with the west edge of said curving pool tile, a curve to the left having a central angle of 46 degrees 51 minutes li seconds with a radius of 7.00 feet, for an arc distance of 5.72 feet to a point of reverse curve ( chord = North 16 degrees 59 minutes 28 seconds West, a distance of 5.57 feet ); 2000 Avenue G., Suite 804 . Plano, Texas 75074 Phone 214-423-4372 JACK W. + ®(OME SURVEYING, INC. THENCE in a northeasterly direction with the west edge of said curving pool tile, a curve to the right having a central angle of 45 degrees 00 seconds 43 seconds with a radius of 7.00 feet, for an arc distance of 5.50 feet to a point of reverse curve ( chord = North 15 degrees 13 minutes 28 seconds East, a distance of 5.36 feet ); THENCE in a northwesterly direction with the west edge of said curving pool tile, a curve to the left having a central angle of 73 degrees 33 minutes 12 seconds with a radius of 7.00 feet, for an arc distance of 8.99 feet to a point of reverse curve ( chord = North 14 degrees 46 minutes 12 seconds West, a distance of 8.38 feet ); THENCE in a northeasterly direction with the northwest edge of said curving pool tile tile, a curve to the right having a central angle of 48 degrees 28 minutes 45 seconds with a radius of 7.00 feet, for an arc distance of 5.92 feet ( chord = North 38 degrees 27 minutes 32 seconds East, a distance of 5. 75. feet ) to a point on the north edge of said pool tile at its' intersection with the east line of said 10 -foot utility easement; THENCE with the east line of said easement and crossing said pool, South 00 degrees 20 rainutes 56 seconds West, a distance of 38.00 feet to the principal place of beginning and containing 78 square feet or 0.0018 acres of land. 2000 Avenue G., Suite 804 . Plano, Texas 75074 6A.., ............... :.. F. E. BEMENDERFER, JR. ........................ 4051 0:c� ��'C FerstE��•ti Phone 214-423-4372 STATE OF TEXAS COUNTY OF COLLIN "EXHIBIT C" KNOW ALL MEN BY THESE PRESENTS: ABANDONMENT This Abandonment made as of the date indicated below by the City of Allen, Collin County, Texas (hereinafter called "City") for the benefit of Goodman Homes, Inc. (hereinafter called "Goodman") and its successors and assigns. WHEREAS the following Recitals are correct: Recital A: Goodman is the owner of Lot 17, Block A (hereinafter called the "Lot") of the Second Re -Plat of the Final Plat of the 7th Section of Fountain Park, an Addition to the City of Allen, as recorded in Volume F, Page 682 of the Collin County Map Records. Recital B: A portion of the Lot is subject to that certain utility easement as dedicated under and pursuant to the plat of the subdivision as above described in Recital A. Recital C: Goodman has constructed a swimming pool on the Lot which extends into and covers a portion of the dedicated easement in and to the area specifically described by the metes and bounds in the survey prepared by Jack W. Roome, attached hereto and made a part hereof as Exhibit "A" (hereinafter called "Abandoned Area"). Recital D: The location of the swimming pool within the Abandoned Area will not interfere with or affect the needs of the City or the public utilities herein named. All of the public utilities of the City of Allen who have an interest or benefit in the easement have agreed to abandon all such rights in the Abandoned Area as evidenced by the following letter agreements which are attached hereto as Exhibits as indicated: Letter dated August 8, 1988 from TU Electric to Mr. Bill Petty, attached as Exhibit "B"; letter dated July 29, 1988 from Communications Services, Inc. addressed to the City of Allen, attached as Exhibit "C"; letter dated August 8, 1988 from Lone Star Gas Company addressed to Gail Goodman at Goodman Homes attached as Exhibit "D"; and letter dated August 5, 1988 from Southwestern Bell Telephone to Bill Petty, City of Allen, attached as Exhibit "E". Recital E: Goodman has requested that the City execute a formal document as evidence of its desire to abandon to Goodman the Abandoned Area as described in Exhibit "A". NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the City of Allen, acting under and pursuant to its ordinances, does hereby expressly declare that the City no longer has any need for the dedication of the easement insofar as it covers the Abandoned Area and does hereby expressly abandon and relinquish all of its rights and interests in and to the Abandoned Area as described in Exhibit "A" to Goodman Homes, Inc., its successors and assigns. This Abandonment expressly or implied. EXECUTED THIS is executed without day of August, 1988. - 1 - warranty, either City Manager for the City of Allen, Texas STATE OF TEXAS ) COUNTY OF COLLIN ) This instrument was acknowledged before me on the , 1988 by My Commission Expires: Notary Public, State of Texas day of Written or Printed Name of Notary - 2 - 2911 349 49217 STATE OF TEXAS ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) ABANDONMENT This Abandonment made as of the date indicated below by the City of Allen, Collin County, Texas (hereinafter called "City") for the benefit of Goodman Homes, Inc. (hereinafter called "Goodman") and its successors and assigns. WHEREAS the following Recitals are correct: Recital A: Goodman is the owner of Lot 17, Block A (hereinafter called the "Lot") of the Second Re -Plat of the Final Plat of the 7th Section of Fountain Park, an Addition to the City of Allen, as recorded in Volume F, Page 682 of the Collin County Map Records. Recital B: A portion of the Lot is subject to that certain utility easement as dedicated under and pursuant to the plat of the subdivision as above described in Recital A. Recital C: Goodman has constructed a swimming pool on the Lot which extends into and covers a portion of the dedicated easement in and to the area specifically described by the metes and bounds in the survey prepared by Jack W. Roome, attached hereto and made a part hereof as Exhibit "A" (hereinafter called "Abandoned Area"). Recital D: The location of the swimming pool within the Abandoned Area will not interfere with or affect the needs of the City or the public utilities herein named. All of the public utilities of the City of Allen who have an interest or benefit in the easement have agreed to abandon all such rights in the Abandoned Area as evidenced by the following letter agreements which are attached hereto as Exhibits as indicated: Letter dated August 8, 1988 from TU Electric to Mr. Bill Petty, attached as Exhibit "B"; letter dated July 29, 1988 from Communications Services, Inc. addressed to the City of Allen, attached as Exhibit "C"; letter dated August 8, 1988 from Lone Star Gas Company addressed to Gail Goodman at Goodman Homes attached as Exhibit "D"; and letter dated August 5, 1988 from Southwestern Bell Telephone to Bill Petty, City of Allen, attached as Exhibit "E". Recital E: Goodman has requested that the City execute a formal document as evidence of its desire to abandon to Goodman the Abandoned Area as described in Exhibit "A". NOW, THEREFORE, FOR GOOD AND VALUABLE CONSIDERATION, the City of Allen, acting under and pursuant to its ordinances, does hereby expressly declare that the City no longer has any need for the dedication of the easement insofar as it covers the Abandoned Area and does hereby expressly abandon and relinquish all of its rights and interests in and to the Abandoned Area as described in Exhibit "A" to Goodman Homes, Inc., its successors and assigns. This Abandonment is executed without warranty, either expressly or implied. _ EXECUTED THIS" day of , 1988. 7ty Janager for the ity f Allen, Texas - 1 - 2911 341 STATE OF TEXAS ) COUNTY OF COLLIN ) I UA, This,instrument was acknowledged before me on the day of 1988 by JS o n W0 u r- -1r,4 Notary Public State of Texair— ly VIE aj Written or Pri ted Name of Nota y -i 44y Coipryiission Expires: 1 - 2 - CJACK W. 79 34 2 ROOME +.)SURVEYING, INC. Field Nate Lot 17 block A Fountain pool Built into Description Park East Installment i Utility Easement SITUATED in the State of Texas, County i.9f Co.ellin and City of Allen, being part of the Peter Fisher- Survey, Abstract No. 324, being an as -built description of an existing pool as it lies ire a 10 -font utility easement along the west line of Lot 17, Block A of the Second Replrat of the Firiml Flat of the Seventh Section:of Fountain park, ars Addition to the City of Allen as recorded in Volume F, page 602 of the Collin County Map Records, and being more particularly described as followst 0 COMMENCING FOR REFERENCE at an iron rod found marking the southwest corner of said Lot; THENCE with the south line of said Lot, South 69 degrees 43 minutes 45 seconds East, a distance C -f 10.00 feet to a paint in the east line of said 10 -foot utility easement; THENCE with the east line of said easement, North 00 derpr•ee:s cH minutes 56 seconds East, a distance of 46.05 feet to the south edge of the existing pool tile ( at spa ) and being the PRINCIPAL PLACE OF BEGINNING for the hereirs deScrlbed parcel; THENCE in a narthwestOrly directic,n with said curving pool tile, a curve to the right having a caritr•al angle of 71 degrees 56 minutes QBE sedohds with a radius of 4.00 Bret, far an arc distance of 5.02 feet to a point in the west edge of a curving pool vile to the eitiht ( chord 141orth OS degrees 38 minutes 3e seconds West•, a distAnce of 4.70 font); THENCE in a northwesterly direction with the. west ec1ue of said curving pool tile, a curve to the right having a central angle of 95 degrees 51 minutes 45 seconds with a radius of 7.00 feet, for an arc -distance of 11.71 fret to a point of reverse curve ( chord = North 03 degrees (64 rainuties 3E seconds West, a distance of 10.39 feet )I THENCE in a northwesterly direstivri with the west &090 Of said curving pool tile, a curve to the left having a ceeitr•al angle of 46 degrees 51 minutes 11 secoridt� with a radius of 7.00 fmet 9 for an arc distance Of 5.72 feet to 0 p4irlt of reverse curve ( chord - North 16 degrees 59 minutes 28 West, a d i g t rime Of 'J. ';7 f' -:0t ) ; 20(X) Avenue G., Suite 804 Plano, Texas 75074 EXHIBIT "A Phone 214-423-4372 JACK W. 9 343 . DRGGME SURVEYING, INC. THENCE in a northeasterly direction with the west edge of said curving pool tile, a curve to the right having a central angle of 45 degrees 00 seconds 43 secr-rodia with a radius of 7.00 feet, for an arc_ distance of 5.50 feet tO a point of reverse curve ( chord = North 19 degrees 13 minutes c9 seconds East, a distance of 5.36 feet ); THENCE in a northwesterly direction with the west edge Of said curving pool tile, a. curve to the left having a central angle of 73 drprees 33 rainutes 12 rjecornds with a radius c.f 7.00 feet, for an arc distance of 8.99 fe0t to a proint of reverse curve ( chord - North 14 degrees 46 minutes i�» seconds West, a distance of 8.314 feet ) ; THENCE in a port heart er l y direction witht the port AWE?St e09W of 'said curving pool tile tile, a curve to the right having • a central angle of 46 degrees 28 rainutes 45 seconds with a radius of 7.00 feet, for an arc dIstance of 5.9 ' feel, t chord = North 36 degrees 27 minutes 38 seconds Cast, 8 distance of 5.75 feet ) to a pc,int on the north edge of Said pool tile at its, intersectio -el with the east line of said 10 -foot utility easement; THENCE with the east line of said reasernerit and crossing saic p0019 South 00 degrees 20 minutes 56 secranas West, a distance of 38.00 feet to the principal place of beginniray and containing 78 square feet nr• 0.0018 acres of land. A, &---t jy". 96%0 .:.. F. EBEMENDERFER,JR. 4051 2Ucb Avenue G., Suite 804 Plano, Texas 75074 Phone 214-423.4372 36� Ndwo Afmow Mr. Rill Petty City of Allen One Butler Circle Allen, Texas 75002 Dear Mr. Petty: WELECTRIC August 81 1988 1'U Electric agrees to abandon that Pert r,f t! -ie platted easement in which a swimming pool is 1oc:�t9,2d at- ►1'_• S.3ndy Cr -eek Drive, 11en, Te=xas. That part is further described in the attached "Field Note Description" as written and SUrveved by ,Jack; W. PoomP Surveying, Inc. dated July 28, 1998. W;-illW;-ille it is neither csjstomtary, nor aLjr- pr-efererice to abandon :an Easement, in this situation we will have a su-fficient area to maintain our electrical facilities. JN: ps cc: Gail Goodman 1424 Gables Ct. #101. Piano, Texas 73075 Yours very truly, P. O. Box 76 AUen, Texm 75002 EXHIBIT "B" cmavel AUG 10 ISO CITY OF ALLEN DQMUN rf 6ffVw o + -RECEIVED Aub 0 IIM g! I 3 45 - COMMUNICAIAONS SERVICES, INC. North Texas Regional Office 121 N. Greenville Ave., Allen, Taxan 75002 (214)727.6723 July 29. 19SE To the City of Allen: The encroachment into the 10 foot utility easement along the westerly most property line of 1013 Sandy Creek Drive. also known as Lot 17 Block A of the Fountain Park East Installment 1 in Allen, Texas. does not adversely affect the use of the easement by Communications Services Inc.. and this letter should be considered abandonment of the area in Which the swimming pool being built encroaches this easement. Kevin R. Steele Regional Engineer EXHIBIT "C" 7911 346 Lone Star Gas Company 1310 Hwy. "'I OwW4. Taxa. 7540 August a, 1988 Gail doodman 13 Lawn Meadow Cove Allen, TX 75002 Rea Abandonment of Easement Located At 1013 Sandy Creek Drive; Being Lot 17 Block A of Fountain Park East No. 1 in Allen. Dear Sir: Pursuant to your request, this letter will serve as notice that Lone Star Gas has no objections to the abandonment of the easement located behind said lot. Our gas facility is located in the easement to the west of the easement being abandoned. If I can be of any further assistance please do not hesitate to notify me at: 276-1171 ext. 286. Sincerely, Michelle Baugh Facility Planning a Records EXHIBIT "D" 2911 Bill Petty City of Allen One Butler Circle Allen, Texas 75002 Re: 1013 Sandy Creek - Pool Dear Mr. Petty) 3 4 7 Souhnrestem BeA August 50 1988 built into utility easement Southwestern Bell 'Telephone Company agmen to abandon that .portion of the utility easement in which the swimming pool lies as shown and describedp (see attachments 1 -3) - ANY tOSF TRESTRICTS RENTAL OR USE OHEDESCRBD EAL PROPERTY BECAUSE Of COLOR EDERALFOEIS LA1tJVALID AND UNEN FOFCCAB1-E UNDER Attacbments CP/ft Sincerely -*4 r -Engineering Design Engineering Dept. 307 N. Kentucky St. McKinney, Texas 75069 EXHIBIT "E" AUG 08 1988 GUY of ALLEN �e ii . c^-.: ',1,2'1, , : (•,,'r'.J.; � i , i James Nelson Manager Mr. Bill Petty City of Allen One Butler Circle Allen, Texas 75002 Dear Mr. Petty: "EXHIBIT D" TUELECTRIC August 8, 1988 TU Electric agrees to abandon that part of the platted easement in which a swimming pool is located at 1013 Sandy Creek Drive, Allen, Texas. That part is further described in the attached "Field Note Description" as written and surveyed by Jack W. Roome Surveying, Inc. dated July 28, 1988. While it is neither customary, nor our preference to abandon an easement, in this situation we will have a sufficient area to maintain our electrical facilities. JN:ps cc: Gail Goodman 1.424 Gables Ct. 11101 Plano, Texas 75075 Yours very truly, P. 0. Box 76 Allen, Texas 75002 ! , � m-wt:LUHM-�NT "EXHIBIT E" Lone Star Gas Company 1310 Hwy. 66 • Garland, Texas 750/0 August 8, 1988 Gail Goodman 13 Lawn Meadow Cove Allen, TX 75002 Re: Abandonment of Easement Located At 1013 Sandy Creek Drive; Being Lot 17 Block A of Fountain Park East No. 1 in Allen. Dear Sir: Pursuant to your request, this letter will serve as notice that Lone Star Gas has no objections to the abandonment of the easement located behind said lot. Our gas facility is located in the easement to the west of the easement being abandoned. If I can be of any further assistance please do not hesitate to notify me at: 276-1171 ext. 286. Sincerely, n � t F1A�� Michelle Baugh Facility Planning & Records RECEIVED AUG 0 11988 "EXHIBIT F" COMMUNICATIONS SERVICES, INC. North Texas Regional Office 121 N. Greenville Ave., Allen, Texas 75002 (214) 727-5723 July 29, 1988 To the City of Allen: The encroachment into the 10 foot utility easement along the westerly most property line of 1013 Sandy Creek Drive, also known as Lot 17 Block A of the Fountain Park East Installment 1 in Allen, Texas. does not adversely affect the use of the easement by Communications Services Inc., and this letter should be considered abandonment of the area in which the swimming pool being built encroaches this easement. �e 04 Kevin R. Steele Regional Engineer r EXHIBIT "G" Southwestern Bell Telephone August 5, 1988 Bill Petty City of Allen One Butler Circle Allen, Texas 75002 Re: 1013 Sandy Creek - Pool built into utility easement Dear Mr. Petty: Southwestern Bell Telephone Company agrees to abandon that portion of the utility easement in which the swimming pool lies as shown and described, (see attachments 1 -3) - Sincere ly -3). Attachments CP/ft Sincerely Mana r -Engineering Design Engineering Dept. 307 N. Kentucky St. McKinney, Texas 75069 rat4��r�,l l�aT M 7 i AFFIIUAVIT AND PROOF OF PU13LICATION THE STATE OF TEXAS COUNTY OF COLLIN - /' JUDY EDQUIST BEFORE AME, the undersigned authority, on this day personally appearc-K 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, Teas, not les; lreyucntly than once a .week, having a general circulation in said county, and having been published regularly and continuously for more than twelve months � prior to publishing PUBLIC NOTICE: Ord. #873-9-88 f of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on September 11 and 14, 1988 and which was issued on9-7-88 by City of Allen of Collin County, Texas. A printed copy of said publication is attached jhereto. s; SUBSCRIBED AND SWORN to before me this 19th day of OCTOBE A D 19 88 i Publisher's fee S 21.60 Notary Publi n and for Collin County, Texas Evelyn Currie Commission Expires: 2/25/89 CITE Y OF ALLEN' , r °^ `_PUBLIC'NOTICE' Notice is hereby given that the Allen City Council adopted the following ordinance at their.regulartmeeting held. on,Thursday, September 1, 1988 (Title only): L. jr �'10-footUtility'Easern6nt rdinance no. 873-9-88:'An Ordinance of the City'Council of the City of Allen, CollinCounty, Texas, Abandoning a Portion'of'a€ Across the Rearl I'of Lot 17, Block'A, Fountain Pefk East IA-! kstaliment 1 Addition to the City of AllbAj FFCollin'County, Texas, as Recdrded,by Plat iin the -Collin County Deed Records; Provid- ing' for. Exhibits A;• B, -C, D', E, F;'and-G; Providing for a-'SeJerability-Clause; aNdl providing for an Effective Date ' j iii 1A Copy of this ordinance may be• read, orl puichased the office`of,the City Secret-� ary, Ciiy of Allen,'One Butler Circle, `Allen, Texas 75002: 9/7, 9/11 f,T CITY OF ALLEN f1 PUBLIC NOTICE Ij h} n Notice is hereby given thattheAllen City+ Cbuncil adopted the following ordinance at I (their regular meeting held on Thursday, Sebtember 1, 1988 (Title only): • : ,r., Ordinance no. 873-9-88: An Ordinance of i th'b City Council of the City ofWlen,°Collin iCounty, Texas, Abandoning a Pohiori of a G10 -foot Utility Easement Across the Re,ar' !of Lot 17, Block A, Fountain Park East In- stallment 1 Addition to the City of..Alle'n, Collin County, Texas, as Recorded by Platt, I in the Collin County Deed Records; Provid- ing for Exhibits A, B, C, D, E," F,' a`nd 6;, (Providing for a Severability Clause; ',and providing for an Effective Date. ., A copy of this ordmanoe may be,read or purchased in the office of the City Secret- ary, City of Allen, One Butler"Circle; Allen, Texas 75002. — 19/7, 9/11_ �+ r rr