O-1236-4-94Same as document filed
ORDINANCE NO. 1236-4-94
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY
OF ALLEN, TEXAS, APPROXIMATELY 67.1520 ACRES BEING THE
FOLLOWING TRACT: PARCEL NO. 48 BEING AN APPROXIMATE 67.1520
ACRES, KITTY HAWKS ESTATES ADDITION, ABSTRACT 110, HENRY
BRANDENBURG SURVEY; SAID AREA BEING DESCRIBED AS ZONE 6
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" WITHIN THE CITY
IMAM AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID
PROPERTY 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
EXHIBIT "C" SERVICE PLAN; PROVIDING A SEVERABILITY CLAUSE; AND
PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE.
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 approximately
67.1520 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.
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.
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SEMON 4: This ordinance shall take effect from and after its passage.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALIEN, TEXAS,
ON THE TTH DAY OF APRH, 1994.
U"111600-63
0-6
Ordinance No. 1236-4-94 Page 2
'1 r/Joe
Farmer, MAYOR
! AS TO\FORM:
ATTEST:
41.
RNEY
J Mo n, CMC, CITY SECRETARY
Ordinance No. 1236-4-94 Page 2
EXHIBIT A
ORDINANCE # 1236-4-94
ZONE 6
III
LI; E N
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9 ,I
WEST SIDE ANNEXATION
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ZONE 2
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ZONE 5
ZONE 6
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Ordinance No. 1236-4-94
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FIELD
NOTES XITTY1NK ESTATES
TEB ADDITION
•, ' "''F'..=K,:
Situated in .;011in County, T.xas, a part of the Henry Brandenburg Survey, .A"',
Hist. 8110 and being'& part of a 67.16 acre tract as described in a deed "'•
of Trust executed by John C. Winthrop, Jr.,
at al to Scott Abornahty,Trus-''`•4'
tee, dated March 2, 1970 and recorded in Volume 278 page 190 of the Collin'.;
County Deed of Trust Records and being more particularly described by metes
and bounds as fo:lowsi
BEGINNING at an iron stake in the Southeast corner of the said tract.
p :HENCE Fest with the south line of the said tract a distance of 1383.0 ft
to an iron stake at the Southwest corner thereof.
.I TIXNCE North 0 deg 04 min West with the Wet line of the said tract a
distance of 2117.0 ft. to an iron stake in the Northwest corner of the
Amid tract in the' center line of a public road. 5_
+/
THENCE youth 89 deg 54 min East a distance of lose s -rt. to an iron stake.
THENCE Louth 69 deg 05 min East a distance �f 200.0 ft.l.to an iron`atke
THENCE South 89 deg 32 min East a distance o'f 592.5,ft to an iron 1stake
Cas e Northea3t corner of the said tract. t
THENCE Soutlr with the East line of the said tract a distance of 2108.0 ft.
to the place of Leginning co:rtaining 67.152 acres of land.
r I
T':is is to certify that I have t';is date made
an accurate survey on the ground of the property
i herein dsscril:ed.
`11l�sl�-�
_ John V. Cantrell
10/6/71 Registered Public surviyar
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D E E 0
ps
336
STATE OF TEXAS
KNOW ALL MEN By THESE pRESENTSt
COUNTY OF COLLIN
That we, the undersigned, being all
the owners of
the land described by metes and bounds on the Attached
Plat and which tract is
further described in a Dead
dated March 2, 1970, executed by Charles H. Watson,
at al to John C. Winthrop, Jr., at al, said Dead
being recorded in Volume 753, Page 314, Dead
Records, Collin County, Texas, do hereby dedicate
the East 30 foot of Lots I through .5. the Weat'30
fast Of Lots 6 through 10 and the North 15 feet of
Lots 1, 6, and 11 to the KITTYHAWK ESTATES Assovision
and to the O%-nor3 of all lots
in said Addition for
the road and
Lot 11 utility Purposes. And we do dedicate
to the KITTYHAWK ESTATES Association and to
the owners of all lots in said addition for an airport
landing strip, to be used under the regulation and
control of the said Association.
WITNESS OUR HANDS thio the
2day of
!11577 1 .
-rop, a.
rule T as
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D 10
THE STATE WNALIS ACKNOWLMCUItNT 337
TSE STATE
COUNTY OF} '�� +
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BOORS
MAW
undamiga@4 a N' "y F"b"t Its NW far mW 06'ststy and State, on &him day pa,"Aw sppm'W
JOHN C. WINTHROP, JP., TRUSTEE rI
knoln to me to be the pena whose asom salseerflood to the bregoing Inagnmosott NW jmldW le
no oat he saseutd the same for the purposes, and ..0doatift uwai. as
SIIWVc'b4\D]ZR My HAND AND SEAL OF OMCZ this the "y of A. D. I$ 'Zeill
'aa
L)
to,
Notary Pablile 1. awd for Cty
4mdy
-4
SINGLE ACKNOWLZMUE"
THE STAMP, OE,/,4'
:I coulcry OF
BEFORE ME, the undersigned. a Notary PultHe In and for said County and State, an this day personally appeared
KENNETH L. HURTIG, TRUSTZE
known to me to be the person whom name suboditted to the foregoing Instrum-4 and acknowledged to
me that he executed thc "me for the Purposes and e6flaitlerationt therein expresseL
vt.- 'l0., " "
,,R' -;-,DER MY HAND AND SEAL OF OMCE this the day of
•
A. D. 19
Notary public In and for County.
SINGLE ACKNOWLEDGMENT
THE STATE OF
Coulfff OF
BEFORE Mn the undersigned, a Notary public In one. for mid Cou.ity and State, on this day personally appeared
S. G. WIDUM, JR. TRUSTEE r
knows to me to be the person whose name subscribed to the foregoing Instrument, and acknowledged to
me that he executed the same, for the parptses and consWrativis therein vMrmm&
V 114 sal VVNDER MY HAND AND SEAL OF OFFICE this the da, of '2-�e-zp- '-D. 19 7.1'
% us
da
4 00fc►. . W
1. Notary Public assil for
-1KY
oj;�:-
.00 Me
IT -ED FOR RFCORD D ov A.D. 1971, at / S3
j1yC0RDFb2,L_DA 1; . .
L44-.- C6 1q. ITY, TEXAS.
JAS R P T Y 1 C6 UI
TY,
t W eje DEPUTY.
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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.
F
Exhibit "C" to Ordinance No. 1236-4-94 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. 1236-4-94 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 Government Code §43.056. If there are any questions, please call that department
at (214) 727-0120.
ID
Exhibit "C" to Ordinance No. 1236-'4-94 Page 3
S
Return To:
CITY SECRETARY
City of Allen I
One Butler Circle
Allen, Texas 75002
ANY PAWS101f WREIN WHrOH AE3f I ICT3 THE &W, RENTAL 00 USE OF THE
DESCRIBED L WPERTY BECAUSE OF COLOR OR RACE 161NVAUD AND
UNENFO UNDER FEDERAL LAW COUNTY OF f�Jlltlf)
RnI STATE OF TEXAS)
- r h, ' TE
1 w1 WS hftnw wn'FUD In 1M Numbu SeQuFna
on tlt• do >!Id thb tkro sttrrlpsd heroo� by me wd wss duly RECORDED,
on tbs 0ftm Public Rsoords of RW FYowty of CoEln Cmlydlt• Tis on
MAY 0 5 1994
COWM CLERK =W WWV- TEAS « •
Filed for Record in:
COLLIN COUNTY TX
HONORABLE.HELkN STARNES
On 1994/05/05
At 10:49A
Number: 94- 0043523
Type : OR 29.00
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
67.1520 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.
SUBSCRIBED AND SWORN to before me this e day of `A A.D 19W
V. TODD
MY COMMISSION EXPIRES
log;+• December 5, 1996
Publisher's fee $ 19 . 13
ARY PUBLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN '^^
NOTICE OF PUBLIC HEARING
Notice is hereby given that the Allen City
Council will hold two public hearings, the
first will be held on Monday, February 28,1
1994, at 2:00 p.m: in the- City Council
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 ori
Thursday, March 3, 1994, at 7:30 an. in''
the City Council Chambers of the Allen
Murncipal Annex, One Butler Circle, Allen,
Texas, to consider public input on a unila-
teral annexation proceeding by the Allen
City Council of approximately 67.1520
Acres being the following Tract: Parcel No.
48 being an approximate 67.1520 Acres,
Kitty Hawks Estates Addition, Abstract
110, Henry Brandenburg Survey; said area
being described as Zone 6 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
previously described into the corporate
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 opinidn. - - II
For further information, contact the Depart-
mentof Community Devielopmeh't,'�City of
Allen, One ButlerCircle,'Allen,.T*i A, or by
telephoning 727-0120
/s/ Judy Morrison
City Secretary
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 #1236-4-94
of which the attached is a true and written copy, and which was published in THE
ALLEN AMERICAN on _ April 13, 1994 & April 17, 199 4
and which was issued on April 13, 1994
by City of Allen of COLLIN COUNTY,TEXAS
A printed copy of said publication is alta d hereto.
SUBSCRIBED AND SWORN to before me this /3 day of �A.D 19
V. A. TODD
=•; '_ My COMMISSION EXPIRES
December 5,1996
Publisher's fee $ 4 0 . 5 0
PUBLIC in and for COLLIN COUNTY, TEXAS
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting on Thursday, April 7,
1994 (Title only).
Ordinance No. 1236-4-94: An Ordinance'
of the City of Allen, Collin County, Texas,
Annexing the Hereinafter -Described Ter-
ritory to the City of Allen, Texas,
APPROXIMATELY 67.1520 ACRES BE-
ING THE FOLLOWING TRACT: PARCEL
NO. 48'BEING AN APPROXIMATE
67.1520 ACRES, KITTY HAWKS' ES-
TATES ADDITION, ABSTRACT 110, -
HENRY BRANDENBURG SURVEY;
SAJD AREA BEING DESCRIBED AS
ZONE 6 FOR ANNEXATION PURPOSES
AND LOCATED,SOUTH OF S.H. 121 AND
EAST OF F.M. 2,178 (CUSTER RD.), COL -
LIN COUNTY, TEXAS; EXTENDING THE
BOUNDARY LIMITS OF THE CITY TO IN-
CLUDE THE PROPERTY
Hereinafter -described as Exhibits "A" and
"B" within the City Limits and Granting io
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 t
City Secretary
SCI OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
�
their regular meeting on Thursday, April 7,
1994 (Title only): J
Ordinance No. 1236-4-94: An Ordinancei
of the City of•Allen; Collin County, Texas,l
Annexing the -Hereinafter -Described Ter-
story to the City of'Allen,•Texas,
APPROXIMATELY`67.1520 ACRES BE-
ING THE FOLLOWING TRACT: PARCEL
NO 48 BEING AN APPROXIMATE
67.1520 ACRES, KITTY HAWKS ES-
TATESrADDITION, ABSTRACT 110,
HENRY BRANDENBURG SURVEY;
SAID AREA BEING DESCRIBED AS
ZONE 6 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,
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