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O-1235-4-94Same as docum d filed ORDINANCE NO. 1235-4-94 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXIbIATELY 19.386 ACRES BEING THE FOLLOWING TRACTS: PARCEL NO. 51 CONSISTING OF 6.297 ACRES BEING TRACT 12, ABSTRACT 110, HENRY BRANDENBURG SURVEY; PARCEL NO. 52 CONSISTING OF 1.047 ACRES BEING TRACT 13, ABSTRACT 110, HENRY BRANDENBURG SURVEY, PARCEL NO. 53 CONSISTING OF 11.042 ACRES BEING TRACT 5, ABSTRACT 711, CATHERINE PARSONS SURVEY; PARCEL NO. 54 CONSISTING OF 1.0 ACRE BEING TRACT 9, ABSTRACT 711, CATHERINE PARSONS SURVEY; SAID AREA BEING DESCRIBED AS ZONE 5 FOR ANNEXATION PURPOSES AND LOCATED SOUTH OF S.H. 121 AND EAST OF F.M. 2478 (CUSTER RD.), COLLIN COUNTY, TEXAS; EXTENDING THE BOUNDARY LIMITS OF THE CITY TO INCLUDE THE PROPERTY HEREINAFTER -DESCRIBED IN EXHIBITS "A" AND "B" WITIIITi THE CITY LIUM AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY ALL OF THIN RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, REGULATIONS, AND RESOLUTIONS OF SAID CITY, PROVIDING FOR EXHIBIT "C" SERVICE PLAN; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR THIN EFFECTIVE DATE OF SAID ORDINANCE. 0 WHEREAS, at the instance of the City Council of the City of Allen, Collin County, Texas, and in full accordance with all requirements of V.T.C.A., Local Government Code §43.001 et seq., public hearings were held in the Council Chambers of the City of Allen on February 28, 1994, and March 3, 1994, providing all persons an opportunity to voice their opinion concerning the annexation of 19.386 acres of land, more or less, involving numerous separate tracts of land all in Collin County, Texas, into the city limits of the City of Allen; and, WHEREAS, the City Council found and determined that the above-described tracts of land are adjoining the present city limits of the City of Allen, Texas, and the City Council further considered all testimony presented at said meetings, and upon conclusion of all testimony presented, the City Council concluded that said areas 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, THAT: SECTION 1: 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 limits of 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 Exhibits "A," Zone Map, and 'B," Legal Descriptions, attached hereto and made a part hereof as if copied in full herein. SECTION 2: In accordance with V.T.C.A., Local Government Code §43.056, attached hereto and made a part hereof for all purposes is Exhibit "C," Service Plan, providing for municipal services in the newly annexed area. It 4 0 I It 0 SECTION 3: It is not the intention of the City of Allen to annex any territory not legally subject to legal annexation by the City of Allen, 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: This ordinance shall take effect from and after its passage. DULY PASSED AND APPROVED BY THE BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, TMS 71H DAY OF APRIL, 1994. APPROVED: Ordinance No. 1235-4-94 Page 2 Farmer, MAYOR r LQTT .ryr rAS Yq��'�•� TQ FORM: ATTEST- . 00 ��• e , RNEY 4JUM04n, CMC, CITY SECRETARY Ordinance No. 1235-4-94 Page 2 EXHIBIT A ORDINANCE # 1235-4-94 ZONE 5 3 T E X A S �-� L WEST SIDE ANNEXATION „ ,� C5( ZONE 1 ZONE 2 E ZONE 4 ZONE 5 ZONE 6 MCDERM071 �.�iR w' : _,�*,.:.rte,.. �•,F.,_ 'T,r:�.;.-t... _ y •� .,s '>.�..jN.. in.�-t;.Y's"'c.•rt`i'.* �s•+rr••:� �f7�'13 t( o �L•�'• tP: C" 1 ,'•'� t.`Y .. P71 '.;�•1};.i� ♦ rq� .i : , rti -r7:. .'•J,. �, 7;,, e:l �•S��M • .•� .Z,�yf '..• �'•,. 11. �� �•'•°i ��x. � 1L•: C • •:n4«,t<' �• 4t S ..��: ti !�.ti£.,,,.} �pP• r�'��,ry:•'fyit'^„Y:�1}t. ���, �, .,\ �,� .. ,�.ii ,t�;'µ; ,:��,:451;,,.i •'. •• ��? i:�,, y�,y :rJ,. t -,�• C -.5L4 WARRANTY GEED REFILING VOL '�wiiie�iu:iiu�irri��u%�//iii%i%/%/11/11%%iiiii%/iiti�ii�►l1it��v�►�►�uu�• l• n ! Y:� ,.r P-83.5255 W VUL *dw , THE STATE OF TEXAS) 6W2 COUNTY OF COLLIN � KNOW ALL MEN BY THESE PRESENTS: That WILLIAM E. CMIPBELL, JR., TRUSTEE, (hereinalter called "Grantor," whether one or more, ma%culinc, feminine or neuter) for and in consideration of the sum of TEN and no/100 DOLLARS and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, paid by NANCY GIBSON WITT whose address is: 609 Redbud Street, Mt. Pleasant, Texas 75245 (hereinafter called "Grantee," whether one or more, masculine, feminine or neuter), for which no lien is retained either express or implied, has Granted, Sold and Conveyed, and by these presents does Grant. Sell and Convey, unto the said Grantee all that certain real property located in • Collin County, Texas and described as follows: SITUATED in Collin County, Texas, in the Henry Brandenourg Survey, Abstract No. 110. being a resurvey of part of the 98.83 acres of land described in a deed from C. E. Melton, at al to Mary Melton Gibson, dated November 28, 1934, recorded in Voluue 297, Page 217 of the Collin County Deed Records, being more particularly described on Exhibit "A" attached hereto and made a part hereof for all purposes, AND MADE SUBJECT TO the easements and encumbrances as set forth in said Exhibit of A" THIS WARRANTY DEED is being retiled for the purpose of correcting the metes and bounds description from 6.234 acres to 6.25; acres. All other terms and conditions remain the same. together with all improvement+ thereon, if any, and all right, title and interest in and to adjacent sidewalks, streets, roads, alleys and rights-of-way. tTibiacxlexdyicxxxomaodc m xkrtm debxdxxttk�eaocxroxagx::semc"%xxQaerorRst=xKx>ti1NltYdffSt'xid4111f1ftNrixgifax ityQxa�aoxttasrx:xttxehtexxtrrmcappttancekSWordxitac1QxxDOM eRxMKrQcdulMy kl9K lhrlx2dilH(jcWftiir AW.. TO HAVE AND TO HOLD the above described premises, together with all and singular the rights and appurtenances thereto it anywise belonging, unto the said Grantee, his, her or its successors, heirs and assigns, as the case may be, forever; and Grantor ,foes hereby bind Grantor and Grantor's successors, heirs, executors and administrators, as the case may be, to Warrant and Forever Defend all and singular 'he said premises unto the said Grantee and Grantee's successors, heirs and assigns, as the cue may be, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Executed this 20th day of I 1 •� October' , A.D. 19 83, Ii11.1.1:1J1 I:. (: B'R • .L, IR. TItIISTliti i -i 4*1 O� �Z 1 1 Lim N m A G Z �. CJ x i -i I V F, ve ACKNOwLEDGmzNT STATE 5F TEYAS COUNTY OF Collin This instrument was acknowledged before me on R 19. L3 bylinm F rnMP holl, jfi r-, TrIl4-A Fif Notary Public. Sof Tdu' G" JETER MY commission expires: carr FAksur r iprintname: ACKNOWLEDGMENT STATE OF TEXAS "d COUNTY OF This Instrument was acknowledged before me on -19 by Notary Public. State of Texas My commission expires: Print name: STATE OF TEXAS ACKNOWLEDGMENT COUNTY OF This instrument was acknowledged before me on 119-1 by Notary Public, State of Texas My commission expires: Print name: STATE OF TEXAS CORPORATE ACKNOWLEDGMENT COUNTY OF This instrument was acknowledged before me on '19— by of corporation, an t. -half of said corporation. Notary Public, State of Texas My commission expires: Print name: Plano Title Conqmny P. 0. Box 219 Plano, Texas 75074 Z jr iia FW Nancy Gibson Witt z 609 Redbud Street Mt. Pleasant, Texas 75245 I LE L�/l +fin V V yy` 'fir. E)(HIBIT "A" SITUATED in Collin County, Texas, in the Henry Brandenburg Survey, Abstract No. 110, being a resurvey of part of the 98.83 acres of land described in a deed from C. E. Melton, et al to Mary Melton Gibson, dated November 28, 1934,- recorded in Volume 297, Page 217 of the Collin County Deed Records, -being;'':.,,, described by metes and bounds as follows: •3; + ,,J t,•k BEGINNING at a S/8 -inch rebar found in the center of an East-West rock road'f �n with a dirt road from the south and an old fence and hedge raw from the' ;;3 ^ rebar being the southwest corner of said Brandenburg Survey and 98.83 acre trach same being the southwest corner of a 67 acre tract, reference Volume 13, hge'A-:S,. 381; from which a post bears North 0 degrees 20 minutes IS seconds East 29.0r,` feet;.t� . THENCE North 0 degrees 20 minutes 15 seconds East with the {Vest line of said "P"' Brandenburg Survey and 98.83 acre tract and generally with an old fence and hedge raw, 590.37 feet to an iron pin set in the West line of said Brandenburg r. survey and 98.83 acre tract; :; ..• THENCE South 89 degrees 06 minutes 12 seconds East 464.64 feet to an iron pin fir• set; THENCE South 0 degrees 20 minutes 15 seconds West 590.37 feet to an iron pin };'r set in the south line of said Brandenburg survey and 98.83 acre tract in said East-West rock road; y, THENCE North 89 degrees 06 minutes 12 seconds West with said South lines and road, 464.64 feet to the PLACE OF BEGINNING and containing 6.297 acres -of land, more or less. LAAE >, 6c I el ��,.•+�C �,!'; ��i'rti ?.•ry�f ;if',r�'..�''r..•r`•. •f+r�SYr'�1'Ny;;�.-:;�'^} 1 ►`•�i 7-•' Jr.� •K.'.7, ,-r' !+t • '�� :fj,'u`'�,-lY ._N'. ,1'ilit•:�`;1,)k�.; �y'�` `.' • }�• til: '` � - ,e—_u.• VOL •• '�.1., t'� ;� t�'i �C. .Q;,. -r VIARRANr"DEF,D_......................................•.,,,,.....uu.u..uw.""u.uu.uuu.uu..u...u.,,,uu. "_:,:[ [;!; 3::a�!'!r •r r ` ' .--.......... P-83-2577 GJ �8 r (�� tJ 1G05 THE STATE OF TEXAS COUNTY OF COLLIN KNOW ALL MEN BY THESE PRESENTS: That WILLIMi E. CMIPBELL, JR., TRUSTEE (hereinafter called "Grantor," whether one or more, masculine, feminine or neuter) for and in consideration of the sum of TEN and no/100 DOLLARS and other good and valuable consideration, the receipt and adequacy of which are hereby acknowledged, paid by DOR011IY GIBSON' BLANKENSI1113 whose address is: 3540 Villanova, Dallas, Texas 75225 (hereinafter called "Grantee," whether one or more, masculine, feminine or neuter), for which no lien is retained either express or implied, has Granted, Sold and Conveyed, and by these presents does Grant. Sell and Convey, unto the said Grantee all that certain real property located in Collin County, Texas and described as follows: SITUATED in Collin County, Texas, in the llenry Brandenburg Survey, Abstract No. 110, being a resurvey of part of the 98.83 acres of land described in a decd from C.E. Melton, et al to N1,Iry rielton Gibson, elated November 28, 1934, recorded in Volume 297, Page 217 of the Collin County Deed Records, being described more particularly on Exhibit "A" attached hereto and made a part hereof for all purposes, AND MADE SUBJECT TO the casements and encumbrances as set forth in said Exhibit "A". together with all improvements thereon, if any, and all right, title and interest in and to adjacent sidewalks, streets, roads, alleys and rights-of-way. 'Slll3cx<lAfflxlglc�ft9�IftoLxR+�xtaomf��zetamdriatxitaxitSua�afxtmextCo TO HAVE AND TO HOLD the above described premises, together with all and singular the nghts and appurtenances thereto in anywise belongin;. unto the said Grantee, his, her or its successors, heirs and assigns, as the cue may be, forever; and Grantor does hereby bind Grantor and Grantor's successors, heirs, executors and administrators, as the case may be, to Warrant and Forever Defend all and singular the said premises unto the said Grantee and Grantee's successors, heirs and assigns, as the case may be, against every person whomsoever lawfully claiming, or to claim the same, or any part thereof. Executed this 21st day of November , A.D. 19 83. it N'11.1.11U E. lJ O' lil.l., JV., ThUSME V 'A �y s .F • 7 t t Ly n, ,,yy b „ •r �54�A,y'�1t�t JCySy 1 `, L '�• kt.. rr: "4 _ 1 AW, ry i �•1 ,� • ' ";�1 n ACKNOWLEDGMENT y,_ , �. �.., • ,;.` :�. ~ lr :, _.;, '�, STATE OF TEXAS , COUNTY OF' .-Collin l ►, November /1�l �3 19$�s This instrument was ieknowledg d before me on _ • , , by_jllimrt C Cambbell Jr Trt,stce Notary Public, State df lion 1 r'.i. Myxmmissionexpires: c F Print name: Q:� n , 7-' ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on 19_, by R Notary Public, State of Texas .4 t' My commission expires: Print name: r �• " , ACKNOWLEDGMENT STATE OF TEXAS COUNTY OF This instrument was acknowledged before me on 19 by Notary Public, State of Texas My commission expires: ; Print name: < CORPORATE ACKNOWLEDGMENT - STATE OF TEXAS COUNTY OF This instrument was acknowledged before me onby , 19 of , corporation, on behalf of said corporation. Notary Public, State of Texas My commission expires: Print name: fSr Dorothy Gibson Blankenship Dorothy Gibson Blankenship 3540 Villanova z 3540 Villanova Dallas, Texas 75225 Dallas, Texas 75225 ,O E 0 )R- '�Fi•fifj,. i .n n s )R- '�Fi•fifj,. I T t Tq 4r.. U W"'o 5 EaiIBIT,'1Wt 10 IA COMMENCING at a S/8 -inch rebar found in the center of an east -west road with a dirt road from the south and an old fence and hedge row from the north; said rebar being the southwest corner of said Brandenburg Survey and 98-83 acre tract; same being the southwest corner of a 67 acre,. tract, reference Volume 13, Page 381; from which a post bears North,OP! CR7 degrees 20 minutes 15 seconds East, 29.0 feet; IRENCE South 89 degrees 06 minutes 12 seconds East with the south line of said 98.83 acre tract and Brandenburg survey and approximately with a rock road, 464.64 feet to an iron pin set in said south lines and road for a PLACE OF BEGINNING; t MiENCE North 0 degrees 20 minutes IS seconds East, 590.37 feet to an iron pin set; '11ME South 89 degrees 06 minutes 12 seconds East; 77.26 feet to an iron pin set; THENCE South D degrees 20 minutes 15 seconds West, 590.37 feet to an iron pin set on the north edge of said rock road in the south lines of said 98.83 acre tract and Brandenburg Survey; TI ME North 89 degrees 06 minutes 12 seconds West with said south lines TW approximately with the north edge of said road, 77.26 feet 'to 01641ACE-10P.,BEGINNING and containing 1.047 acres of land, more or less. r norrr 10VOID mmrm ft PANr P. 704 'I ",DDrothy Gibsen maracmIllip '423S40 Villa Nm Dallas, Tem 75225 4! J, V if .71 Z IC:, `q - SO *f 'gv NK 1 C S . V 11 i DEED JAW IV914 - E,oro.9,... 23 GIFT DEED T1IE STATE OF TEXAS ) ) KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN ) 17599 THAT DAVID B. YARBROUGH ct Dallas County, Texas, not joined herein by his wife because rhe hereinafter described properly constitutes no part of [heir liomcs[ead (hereinafter calla! "Grantor"), in considera,.on of the love and affection for PARK CITfES BAPTIST CHURCH, a Texas Non -Profit corporation (hereinafter called "Grantee'), does hereby grant and convey unto Grantee, its successors and assigns, an undivided one-fifth (1/5) interest in and to the following Lexi: SITliATED in Collin County, Texas, in the Catherine Parsons Surce.v, '.bst. M. 711, and being off of the East side of an oricinal tract of 52.7 acres described in a decd from XI. A. Brown to %L F. Sims, recorded in Vol. 283, page 204 of the Collin County Deed Records; BEGINNING at a point in the center of little Rowlett Cre••k, same being the Southeast corner of said 82.7 azres; THENCE Northerly, upstr_am, with the center of said Creek and its meanderings, as follows: North 24` West 190.0 feet: North III East 27 1. 0 :eec; North ..58-1/2` West 1:9.0 fe_t; North 6` Wes; 199. 2 fact: North 47` East 107.0 feet to an iron spike in the center of said creek from wtuch an iron stake for reference bears Northwest 12 feet: THENCE West 420.3 feet to an iron stake: said stake being the Southwest corner of a tract of 6.326 acres surveyed out of the Northeast corner of said 32.7 acres; THENCE North 654.0 feet to an iron stake in the south dirch of a rock road, same being the north line of said 82.7 acres, and at the Northwest corner of said 6.326 acres; THENCE West 40.0 feet to an iron stake: THENCE South 923.0 feet to an iron stake; TAFNCE South 85' - 45' West 109.5 feet to an iron stake; TIIENCE South 9° - 45' West, at 70 feet a Bois dare corner past, then with a fence litre at 428 feet a tree at fence c;:;rarer, in z 11 52-' 0 :C::::u a:i irm s: ikc uW4r :enee am the sc.ith line of said 62.7 acres; from which spake a Cedar Elm 8 inches in diart[%tcr, marked with 3 hacks bears North 6 ft.; Ordinance No. 1235-4-94 Enhibit [[ B [[ I �k H DEEO,61014 T1fENCE Easterly, with an estabURW fence ` oi. the South line of said 82.7 acres, as follows: North 89' - 52' East 263.0 feet; North 89' - 45' Ea,t 200.0 feet; North 89' - 57 East 142.8 feet; North 89' - 45' East 152.0 feet to the place o! t_gi nning; CO :TAiNING 11.042 acres of land. TO HAVE AND TO HOLD the aforesaid undivided interest in said land together with all and singular all rights, privileges, heredi- tamentl and appurtenances thereto in anywise belonging unto Grantee, its successors and a,ziibn,s, forever. Iltis G)nveyara grants and conveys unto Grantee, its successors and assigns, a separate undivideu one-fiftli 1i/5) interest in said land and Is in addition to the undivided interests conveyed by the Gift Deeds dated December 11, leo+, i-Xceml,er 10. 1969 and December 21, 1970. lh,s C:,r..eyanca is made without warranty of title, either expres i or i-oi,c�, but 1i MaJe with full subrogation and substitution of Granwe is xe;so.-s a :d assigns, in and to all covenants and warranuc, by oc ers ocrt.,Eofore given or made in respect co said uwivuied interest. i IN WITNESS WHEREOF, Grantor has caused this instrument i ! to be executed an&I on this ,mss day of December, 1971. 1 ' .i 'v' .rbrough f( THE STATE Cr r L,1,S � i i .� COUNTY OF JLLi_-.5 ) 7 BEFORE ill, the undersigned authority, a Notary Public in and for said C.wnty a,,c State, on this day personally appeared DAVID B. YARBRCC;GIi, kro v : to 'ne to be the person whose name is sub- scr,:.d to c .. foregoing irustrument, and arknowtedge+ n me that h: j executed the sar-,4 for th a purposes anti consideration therein expressed. i GIVEN Um)ER MY HAND AND SEAL OF OFFICE this tublic, ula as County, Texas / >; Mill, =C=A.D. 1971 R=rOR�T 1 ' A.D. 1071 . BY: DEPU^Y, iER4S. P' + f FILED FOR RECO DDAY OF�.i A. D. 1969, RECORDED DAY OF A. D. 1969. JAS. R. V , COUNTY CLERity IN COUN 'Y, TEXAS. BY: DEPUTY. 110-WARRAIM PRED 5 0 ; '1 iprfit#P (�P �t ,. jKtww A11 men bg ptst (Qg of COLLI N That We, W. T. Troth and wife, Nancy Troth, of the County of Dallas State of Texas for and in consideration of the sum of Ten and No/100 ($10.00) --------------------- _ _------------------- I)OLLARS and other good and valuable consideration to us in hand paid by Harold Henderson, receipt of which is hereby acknowledged; 46)fX have Granted, Sold. and Conveyed, and by these presents do Grant, Sell and Convey, unto the said Harold Henderson of the County of Collin State of Texas all that certain lot, tract or parcel of land described as follows: SITUATED in Collin County, Texas, a part of the Catherine Parsons . Survey, Abst. #711, and being a part of a 214.280 acre tract as describe( in a deed conveyed to W. T. Troth dated September 5, 1968, 'and recorded in Volume 717 page 164 of the Collin County Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at an iron stake in the southeast corner of -the said tract in the North right of way line of F.M. Highway #2170. TH NCE South 89 deg 31 min West with the North right of way line of the said Highway and the south line of the said tract a distance of 156.0 ft. to a right of way marker. THENCE South 0 deg 38 min East a distance of 20.0 ft. to a right of, way marker. THENCE South 89,deg 31 min West with the north right of way line of the said Highway in the' south line of the said tract a distance of 160.8 ft. to an iron stake. THENCE North 0 deg 29 min East a distance of 150.7 ft. to an iron s take'. THENCE North 89 deg 44 min East, a distance of 29$.8 ft. to a stake. in the center of a branch. THENCE in a southerly direction with the center line meanders down ordinance No. 1235-4-94 Enhibit I'BII stream' of the said branch as follows: South 34 deg 16 min East, 4.0 ft. South,6 deg 24 min East, 127.7,�ft, to the place bf BEGINNINGj CON- TAINING 1.00 hues of -land. i t TO HAVE AND TO HOLD the above desc*ibed premises, together with all and singular the tights ind appurttnances thereto in anywise belonging unto the said Harold Henderson, his htirs and `assigns forever and we do hereby bind ourselves, out heirs, executors and idntiriistrators, to Warrant and Forever Defend, all and singular the siM premises unto the said Harold Flenderson; his heirs and iissigns, against every person whomsoever lawfully claiming, or to claim the same, oi• any part thereof. WITNESS oui' hands at Dallas, Texas this itth day of September , 1960 . ROTH Witnesi it itquest bf Griintor t NANCY TROTH TO HAVE AND TO HOLD the above desc*ibed premises, together with all and singular the tights ind appurttnances thereto in anywise belonging unto the said Harold Henderson, his htirs and `assigns forever and we do hereby bind ourselves, out heirs, executors and idntiriistrators, to Warrant and Forever Defend, all and singular the siM premises unto the said Harold Flenderson; his heirs and iissigns, against every person whomsoever lawfully claiming, or to claim the same, oi• any part thereof. WITNESS oui' hands at Dallas, Texas this itth day of September , 1960 . ROTH Witnesi it itquest bf Griintor t NANCY TROTH EXHIBIT "C" ANNEXATION SERVICE PLAN PROVISION OF SERVICE: The proposed annexation will allow the City of Allen to provide services to the site, thereby facilitating good planning and development. The City of Allen, Texas, will provide for the extension of municipal services and make them available to the annexed territory on the following terms and conditions: 1. WATER SERVICE: Existing Service: Water mains available to limited sections of F.M. 2170 and U.S. 75. Services to be provided: Water services to the annexed area will be provided within four and one-half years from the effective date of the annexation ordinance in accordance with existing City of Allen ordinances, resolutions, and regulations. 2. SANITARY SEWER SERVICE: Existing Service: Trunk lines available to limited sections of the Rowlett Creek and Watters Creek basins. Services to be provided: Sewer services to the annexed area will be provided within four and one-half years from the effective date of the annexation ordinance in accordance with existing City of Allen ordinances, resolutions, and regulations. 3. FIRE PROTECTION: Existing Service: Collin County contract with the City of Allen. Services to be provided: Fire protection and emergency medical service personnel and equipment from the Allen Fire Department shall be provided to residents of the annexed area upon request, to begin within sixty days (60) from the effective date of the annexation ordinance. This area is to be primarily served by the Central Fire Station, located at 105 S. Anna in Allen, Texas, with a goal of an eight -minute response time for ambulances and fire engines. Station #2, located at 1100 Exchange Dr. in Allen, will provide backup service for the area. Requests for fire services will be free; however, fees for ambulances will be charged according to established ordinances or policies. 4. POLICE PROTECTION: Existing Service: None. Services to be provided: Police protection and equipment from the Allen Police Department shall be provided to residents of the annexed area within sixty (60) days from the effective date of the annexation ordinance. Police enforcement and protection services shall be provided as part of the existing patrol district system. Within sixty (60) days from the effective date of the annexation ordinance, the Allen Police Department will include the area into its monitoring system and provide routine patrol of said area and respond to calls for service. 5. SOLID WASTE: Existing Services: None. //n Exhibit "C" to Ordinance No. 1235-4-94 Page 1 Services to be provided: Solid waste collection service shall be provided to residents in the annexed area in accordance with existing City of Allen ordinances, resolutions, and regulations, to begin within sixty (60) days from the effective date of the annexation ordinance. Residential collection services to include garbage/trash pickup two times a week. Commercial pick up will be accomplished on an as -needed basis. Recycling pickup for residential will be provided once a week and commercial on an as -needed basis. 6. MAINTENANCE OF ROADS AND STREETS: Existing Services: None. Services to be provided: Street maintenance and other street services shall be provided to the annexed area in accordance with the level of service that is being provided within sixty (60) days from the effective date of the annexation ordinance. As streets' are constructed or reconstructed in undeveloped portions of the annexed area, the applicable City of Allen ordinances, resolutions, and regulations, with regard to design standards, participation in the costs of construction, acceptance upon completion, maintenance, and other street services after completion, shall apply. Services to include repair and maintenance of public street rights-of-way (private streets will not be maintained by the City of Allen) which include rehabilitation, repair, and ditch drainage maintenance. Maintenance and repair of streets are scheduled and performed on an as -needed basis. Emergency situations are scheduled for same-day repairs. There are provisions available for the submission and acceptance of street dedications, by instrument, by the City of Allen. If dedications are approved, streets could be entered into the existing street inventory and repairs initiated as needed. All expenses for these surfaces will be absorbed within the operating budget. 7. PARKS AND RECREATION: Existing Services: All of the City of Allen's parks and recreation facilities are currently available to the residents of the area. Services to be provided: All of the City of Allen's parks and recreation facilities and programs shall be available for use by residents of the annexed area, to begin within sixty (60) days from the effective date of the annexation ordinance. 8. LIBRARY SERVICE: Existing Services: The City of Allen library facilities are presently available to the residents of the area. Service to be provided: All of the City of Allen facilities and programs shall be available for use by the residents of the annexed area. The Allen Public Library is located at 2 Civic Plaza. 9. PLANNING AND ZONING: Existing Services: Subdivision Platting. Exhibit "C" to Ordinance No. 1235-4-94 Page 2 Services to be provided: The planning and zoning jurisdictions of the City of Allen will extend to the annexed area within sixty (60) days from the effective date of the annexation ordinance. These services will include the enforcement of zoning and subdivision regulations, processing of applications for zoning change, site plans, and subdivision platting. All properties annexed into the City will be initially zoned "AO" Agriculture Open Space without regard to its present use or potential use as a "Transition Zone." Changes in zoning for specific tracts will be processed in accordance with state law, including public hearings before the Planning and Zoning Commission and the City Council prior to final action. Existing uses of property at the time of annexation will be allowed to continue as nonconforming uses, though the zoning of the property will initially be "AO." Expansion of nonconforming uses must be consistent with the terms and conditions of the Allen Comprehensive Zoning Ordinance, Section 2.05, and applicable State law. 10. ANIMAL CONTROL: Existing Service: None. Service to be provided: Animal control services will be provided to residents of annexed area within sixty (60) days from the effective date of the annexation ordinance. 11. MISCELLANEOUS: Existing Service: None. Service to be provided: General municipal administrative, health, and code enforcement services of the City of Allen will be provided to residents of the area, to begin within sixty (60) days from the effective date of the annexation ordinance. This plan further incorporates, where applicable, as though fully written herein, all requirements of V.T.C.A., Local Government Code §43.056 relating to the provisions of municipal services to areas annexed by municipalities. The Local Government Code §43.056 "does not require that a uniform level of full municipal services be provided to each area of the municipality if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service." This service plan, for the annexation of property to the City of Allen, has been prepared by the Department of Community Development of the City of Allen, in conformance with the requirements of V.T.C.A., Local Goverment Code §43.056. If there are any questions, please call that department at (214) 727-0120. IF Exhibit "C" to Ordinance No. 1235-4-94 Page 3 A6'Y ►RDYIS ON NE sFINYMlCH RE,STRtCTS THE SALE. RENTAL. OR USE OFTHE [SES f 3ED f+f: t, f3�OP£p.TY iIkCAUSE OF CULOR OR RACE IS INVALID AND UNft WHCFAHLF :1NJEF FFOEw►: IAtlF Pif �TATF OF TIM) (COUNTY OF COLLNE) AFreby certify Mat This IOMMAI Me FILED In the Ffle Numbu SeQIIO= a't the date sid I":flax a .mp.,: "Man by Me; and was duly RECORDED. on the OftW Pudic Rewros of Rest Pmp" of Gogh Quit. TV= on MAY 0 5 1994 c.�. c t�wK✓ COUNTS Q MK Coca =w". nw `` Filed for Record in: COLLIN COUNTY TX HONORABLE HELkN STARNES On 1994/05/05 At 10:49A Number: 94- 0043522 Type : OR 45.00 19 AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing 19:386 Acres of which the attached is a true and written copy, and which was published in THE ALLENAMERICANon Wednesday, February 16, 1994 and which was issued on February 16, 1994 by City of Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is attached hereto. all SUBSCRIBED AND SWORN to before me this /5- day of A.D 19 9s-' V. A. TODD % MY COMMISSION EXPIRES December 5,1996 NOTARY PUBLIC in and for COLLIN COUNTY, TEXAS Publisher's fee $ 2 2 . 5 0 CITY OF ALLEN - Notice OTICE OF PUBLIC is hereby g en that the All en Cit, Council will hold two public hearings, the first will be held on Monday, February 28 1994, at 2 00 p m in the City Counci Chambers of the Municipal Annex Build- ing, One Butler Circle, Allen, Texas, and the second public hearing will be held at the regular meeting of the City Council on Thursday, N11arch 3, 1994, at 7 30 p m. in the City Council Chambers of'the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider pubhC input on a unila- teral annexation proceeding by the Allen City Council of approximately 19.386 acres being the following Tracts Parcel 51 con- sisting of 6 297 Acres being Tract 12, Ab- stract 110, Henry Brandenburg Survey, Parcel No 52 consisting of 1 047 Acres being Tract 13, Abstract 110, Henry Bran- denburg Survey; Parcel No 53 consisting Of 11 042 Acres being Tract 5, Abstract 711, Catherine Parsons Survey; Parcel No. 54 consisting of 1.0 Acre being Tract 9, Abstract 711, Catherine Parsons Survey; said area being descnbed as Zone 5 for Annexation Purposes and located south of S H 121 and east of F M. 2478 (Custer Rd ), Collin County,,Teras, extending the boundary limits of the City to include the property previously described into the cor. porate limits of the City of Allen. Anyone wishing to speak either FOR or AGAINST this unilateral annexation is in- vited to attend these public hearings and, voice his or her opinion. For further information, contact the Depart- 'nent of Community Development, City 01 4Ilen, One Butler Circle, Allen, Texas, or by elephoning 727-0120. s/ Judy Morris6nik AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE TACKETT, who having been by me duly sworn, on oath deposes and says: That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in said county, and having been published regularly and continously for more than twelve (12) months prior to publishing Ordinance #1235-4-94 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on April 13, 1994 & April 17, 1994 and which was issued on April 13, 1994 by City of Allen of COLLIN COUNTY,TEXAS A printed copy of said publication is att he'd/hereto. LlUL / SUBSCRIBED AND SWORN to before me this day of A.D 19 V. A. TODD Er != MV COMMISSION EXPIRES ?- December 5, 1M .lOF, Publisher's fee $ 4 9 . 5 0 rN ARY PUBLIC in and for COLLIN COUNTY, TEXAS r, o+0- CITY OF ALLEN y PUBLIC NOTICE Notice is hereby given -that the Allen City Council adopted the following ordinance at their regular meeting on Thursday, April 7, 1994 j itle only): Ordinance No. 1235-4-94: An Ordinance of the City of Allen, Collin County, Texas, Annexing the Hereinafter -Described Ter- ritory to the City of Allen, texas, APPROXIMATELY 19 386 ACRES BE;T ING THE FOLLOWING TRACTS: PAR= CEL,NO 51 CONSISTING OF 6.297 ACRES BEING TRACT 12, ABSTRACT 110, HENRY BRANDENBURG SURVEY; PARCEL NO. 52 CONSISTING OF 1.047 ACRES BEING TRACT 13, ABSTRACT 110, HENRY BRANDENBURG SURVEY; PARCEL NO. 53 CONSISTING OF 11.042 ACRES BEING TRACT 5, ABSTRACT 711 'CATHERINE PARSONS SURVEY; PARCEL' NO. 54 CONSISTING OF 1.0 ACRE BEING TRACT 9, ABSTRACT 711,' CATHERINE PARSONS SURVEY; SAID, AREA BEING DESCRIBED AS ZONE 5 FOR ANNEXATION PURPOSES AND LOCATED • SOUTH OF S.H. 121 AND EAST OF F.M. 2478 (CUSTER RD.), COL - LIN COUNTY, TEXAS; EXTENDING THE BOUNDARY LIMITS OF THE CITY,TO IN- CLUDE THE PROPERTY • ,i. Hereinafter -described as Exhibits:'A"ean&, "B" within the.City Limits and Granting tot all Inhabitants and Owners of Said Prop erty all of the Rights and Privileges of other Citizens and binding all Inhabitants by all the Ordinances, Acts, Regulations, and Resolutions of Said City; Providing fog Ex- hibit "C" Service Plan; Providing a Severa- bility Clause; and Providing for the Effec- tive Date of Said Ordinance. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City'of Allen, One Butler Circle, Allen, Texas 75002-2773. /s/ Judy Morrison City Sedretary �- CITY OF ALLEN" PUBLIC NOTICE Notice is hereby given that the Alle7C4 Council adopted the following ordinance at.4 their regular meeting on Thursday,,April 7, 1994 (Title only): Ordinance No. 1235-4-94: An Ordinance, l of the City of Allen, Collin County, Texas, ' •Annexing the Hereinafter -Described Ter- ritory to the City of Allen, Texas, APPROXIMATELY 19.386 ACRES BE- ING THE FOLLOWING TRACTS: PAR- CEL NO. 51 CONSISTING OF 6.297 ACRES BEING TRACT 12, ABSTRACT 110, HENRY BRANDENBURG SURVEY; PARCEL NO. 52 CONSISTING OF 1.047 'ACRES BEING TRACT 13, ABSTRACT 110, HENRY BRANDENBURG SURVEY; PARCEL NO. 53 CONSISTING OF 11.042 - ACRES -BEING TRACT 5, ABSTRACT 711, CATHERINE PARSONS SURVEY; PARCEL NO. 54 CONSISTING OF 1.0 ACRE BEING TRACT 9, ABSTRACT 711, CATHERINE PARSONS SURVEY; SAID AREA BEING DESCRIBED AS ZONE 5 FOR ANNEXATION PURPOSES AND LOCATED SOUTH OF S.H. 121 AND EAST OF F.M. 2478 (CUSTER RD.), COL - LIN COUNTY, TEXAS; EXTENDING THE BOUNDARY LIMITS OF THE CITYTO.IN- CLUDE THE PROPERTY Hereinafter -described as Exhibits "A" and "B" within the City Limits and Granting to all Inhabitants and Owners of Said Prop- erty all of the Rights and Privileges of other Citizens and binding all 'Inhabitants by all the Ordinances$ Acts, Regulations, and Resolutions of Said City; Providing for Ex- hibit "C" Service Plan; Providing a Severa- bility Clause; and Providing for the Effec- tive Date of Said Ordinance. A copy of this ordinance may be read or purchased in the office of the City Secret- ary, City of Allen, One Butler Circle, Allen, Texas 75002-2773. /s/ Judy Morrison ` ••"• City Secretary