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O-1390-1-96ORDINANCE NO. 1390-1-96 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ANNEXING THE HEREINAFTER -DESCRIBED TERRITORY TO THE CITY OF ALLEN, TEXAS, APPROXIMATELY 13.438 ACRES LOCATED IN THE MICHAEL SEE SURVEY, ABSTRACT NO. 543, COLLIN COUNTY, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF THE CITY SO AS TO INCLUDE SAID HEREINAFTER -DESCRIBED PROPERTY WITTIIN THE CITY LIMITS AND GRANTING TO ALL INHABITANTS AND OWNERS OF SAID PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTTER CITIZENS AND BINDING ALL INHABITANTS BY ALL THE ORDINANCES, ACTS, RESOLUTIONS AND REGULATIONS OF SAID CITY; PROVIDING A SEVERABILITY� CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF �^y 0 111, 74 0 T4 0 0 ka 01 WHEREAS, the City Council of the City of Allen has heretofore received a petition signed by the owners of all of the property hereinafter described, requesting the annexation of said land into the corporate limits of the City of Allen; and, WHEREAS, the City Council of the City of Allen finds that such petition is in writing, describes the area by metes and bounds, is duly acknowledged as required for deeds by each and every person or corporation having an interest in said land, has been properly filed with the City and fully complies with all the requirements of law; and, WHEREAS, after notices were duly published, public hearings on the proposed annexation were held by the City Council of Allen on December 21, 1995 and January 18, 1996, all in strict compliance with V.T.C.A., Local Government Code, Chapters 42 and 43; and, YaWREAS, the following described land is adjoining the present city limits of the City of Allen and the members of the City Council of the City of Allen have concluded that said area 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. inclLded within the territorial limits of the said City, and the inhabitants thereof s::all 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 Exhibit "A" 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 the 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 being annexed by the City, 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 CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE- MIbAY OF JANUARY, 1996. 0 APPROVED: ,,-•4� oe Farmer, MAYOR t tit 1►� r APPROVED AS TO FORM: ATTEST. A. Do er, ATTORNEY J#dy Mo n, CMC, CITY SECRETARY Ordinance No. 1390-1-96 Page 2 Ordinance No. 1390-1-96 Doh,, bit A LEGAL DESCRIPTION BEING a tract of land situated in the Michael See Survey Abstract No. 543 in Collin County, Texas, and being part of a 79.22 acre tract as described as Tract B, in Volume 1033, Page 884, of the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING, at the most northerly northwest corner of said 79.22 acre tract, same being the northeasterly corner of the City of Allen Park Dedication as described in Cabinet 1, Page 167, of the Map Records of Collin County, Texas; also being in a south line of Watters Crossing I, as described in Cabinet H, Pages 709-711, of said Map Records; being a 5/8 inch iron rod found; THENCE, along said south line and a north line of said 79.22 acres and an established fence as follows: North 89042'24" East, 325.18 feet; North 89°39'40" East, 361.53 feet; North 89°39'11" East, 98.48 feet to a'/2 inch iron rod set with a yellow cap stamped "Corwin Engr. Inc."; THENCE, South 00006'22" West, departing said lines and established fence, for a distance of 810.00 feet to a 1/2 inch iron rod set with a yellow cap stamped "Corwin Engr. Inc."; THENCE, North 89°53'38" West, for a distance of 56.11 feet to the point of curvature of a curve to the right with a central angle of 25°00'36", a radius of 1280.00 feet and a tangent of 283.89 feet, being a '/2 inch iron rod set with a yellow cap stamped "Corwin Engr. Inc."; THENCE, along said curve for an arc distance of 558.73 feet to the point of tangency, being a '/2 inch iron rod set with a yellow cap stamped "Corwin Engr. Inc."; THENCE, North 64°53'02" West, for a distance of 115.49 feet to the point of curvature of a curve to the left, with a central angle of 24'16'38", a radius of 220.00 feet and a tangent of 47.32 feet, being a'h inch iron rod set with a yellow cap stamped "Corwin Engr. Inc."; THENCE, along .aid curve for an arc distance of 93.22 feet to the point of tangency, being a !42 inch iron rod set with a yellow cap stamped "Corwin Engr. Inc."; THENCE, North 89009'40" West, for a distance of 2.68 feet to a 3/8 inch iron rod found in the east line of Watters Crossing II, as described in Cabinet I, Pages 277 and 278 of said Map Records, said point also•being in an established fence and in a west line of said 79.22 acre tract; THENCE, along said lines and established fence as follows: North 00°41'36" East, 21.21 feet; North 00°50'20" East, passing the northeasterly corner of said Watters Crossing II at 8.79 feet and continuing with the west Gne of said City of Allen tract for a total distance of 23 4.3 8 feet; North 01'07'55" East, 359.14 feet to the POINT OF BEGINNING, containing 585,349.65 square feet or 13.438 acres of land. ao Y� Ordinance No. 1390-1-96 D�hibit A 100'Ol8 M.-M90.00S au.1 •au•j pup *•,j -x3 cc U) N — v N C-) e 1.93,10.ION -9£'i £Z 3, -0Z -09 -00N'" : — *— p) W o o yS a 0-0 ;di u O Y J 2 J i8noo 3c CITY OF ALLEN, COLLIN COUNTY, TEXAS SERVICE PLAN FOR ANNEXED AREA Annexation Ordinance No. 1390-1-96 Date of Adoption of Annexation Ordinance: January 18, 1996 Acreage Annexed 13.438 Acres Survey, Abstract & County: Located in the Michael See Survey, Abstract No. 543, Collin County, Texas. Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Allen, Texas, at the following levels and in accordance with the following schedule: A. Police Service 1. Patrolling, responses to calls, and other routine police services, within the limits of existing personnel and equipment, will be provided within 60 days of the effective date of the annexation ordinance. 2. As development and construction commence within this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization, and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within the area, whichever occurs later. 3. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, the same level of police services will be provided to this area as are furnished throughout the city. B. Fire Services 1. Fire protection and emergency ambulance equipment by the present personnel and the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, will be provided to this area within 60 days of the effective date of the annexation ordinance. 2. As development and construction of subdivisions commence within this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire and emergency ambulance services consistent with the characteristics of topography, land utilization, and population density of the area, as determined by the City Council, within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, or upon commencement of development within this area, whichever occurs later. 3. Within four and one-half (4-1/2) years from the date of adoption of the annexation ordinance, the same level of fire and emergency ambulance services will be provided to this area as are furnished throughout the city. C. Environmental Health and Code Enforcement Services 1. Enforcement of the city's environmental health ordinances and regulations, including but not limited to weed and brush ordinances, junked and abandoned vehicle ordinances, and S� _" in dedicated easements, and which are within the annexed area and are connected to city mains shall be maintained by the City of Allen beginning within 60 days of the effective date of the annexation ordinance. 3. As development and construction of subdivisions commence within this area, sanitary sewer mains of the city will be extended in accordance with provisions of the Subdivision Ordinance and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with applicable city ordinances and regulations. Such extensions will be commenced within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development of a subdivision within the property, whichever occurs later. J. Miscellaneous 1. Any facility or building located within the annexed area and utilized by the City of Allen in providing services to the area will be maintained by the city commencing upon the date of use or within 60 days of the effective date of the annexation ordinance, whichever '- occurs later. 2. General municipal administration and administrative services of the city shall be available to the annexed area beginning within 60 days of the effective date of the annexation ordinance. 3. 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 provision of municipal services to areas annexed by municipalities. Service Plan - Ordinance No. 1390-1-96 Pag 4 S Return To: CITY SECRETARY My of Allen One Butler Clrcle Allen, Texas 75013 AWPFw MttlEltE1MWMwREWVSTWSALt.RflRA�DRUSEDF1NE DESCRWD PRDKRTY SECAUSE OF CDLDR DR PACE S WIAUD AND UMEMFDRCEA F UNDER FEDERAL LAW NunTY Of O LLWO �SUYE w TE) o RECORDED. j�py gNry tAet tldt Numnrnt wtt HlEO N ritA aon ft daft mod the n *A Oom" Rei h of w ntwft Cif^ a. to= FEB 0 7 1996 %07 WJf It lk:N1, QOLLNi 000V, I" Filed for Record in: COLLIN COUNTY TX HONORABLE HELEN STARNES On 1996/02/07 At 3:21P Number: 96- 0010176 Type : OR 25.00 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 Ordinance #1390-1-96 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on January 24 & January 27, 1996 and which was issued on January 24, 1996 by City of Allen of COLLIN COUNTY, TEXAS A printed copy of said publication is attached hereto. Vld; T,,,,, SUBSC IBED ANQ SWORN to before me this day XA.-I A.D.119_� U r t- . "– NOTARY PUBLIC in and for COLLIN COUNTY. TEXAS Publisher's fee 5 4 1. 2 6 V. A. TODD MY COMMISSION EXPIRES December 5, 1996 CITY OF ALLEN PUBLIC NOTICE Notice Is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, January 18, 1996 (Title only): Ordinance No. co 1390-1-96: An mance o 8 'ty o en, ollin County, Texas, Annexing the Hereinafter. Described Territory to the City of Allen, Texas, Approximately 13.438 Acres Located in the Michael See Survey, Abstract No. 543, Collin County, Texas, and Extending the Boundary Limits of the City so as to Include Said Hereinafter - lDescribed Property Within the City Limits 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, Resolutions and Regulation of Said City; Providing a Severability Clause; and providing for the Effective Date of Said Ordinance. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, One Butler Circle, Allen, Texas 75013. 4 /s/Judy Morrison 4 City Secretary CITY OF ALLEN PUBLIC NOTICE Notice is hereby given that the Allen City Council adopted the following ordinance at their regular meeting held on Thursday, January 18, 1996 (Title only): Ordinance No. 1390-1-96: An Or finance o t h amity o r A Fe–n–,–Co IIIn County, Texas, Annexing the Hereinafter - Described Territory to the City of Allen, Texas, Approximately 13.438 Acres Located in the Michael See Survey, Abstract No. 543, Collin County, Texas, and Extending the Boundary Limits of the City so as to Include Said Hereinafter - Described Property Within the City Limits 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, Resolutions and Regulation of Said City; Providing a Severability Clause; and providing for the Effective Date of Said Ordinance. A copy of this ordinance may be read or purchased in the office of the City Secretary, City of Allen, `One Butler Circle, Allen, Texas 75013. w /s/Judy Morrison – — City Secretary , CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council will conduct a public hearing at their regular meeting to be held on Thursday, December 21, 1995, at 7:30 p.m. in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider annexation of approximately 13.438+/- acres of land immediately adjacent to the City of Allen park property in the Watters Crossing Subdivision. This request is on property situated in the Michael See Survey Abstract No. 543 in Collin County, Texas, and being part of a 79.22 acre tract as described as Tract B, in Volume 1033, page 884, of the Deed Records of Collin County, Texas. Anyone wishing to speak either FOR or AGAINST this request is invited to attend phis public hearing and voice his or. her )pinion. For further information, contact the City secretary's Department, City of Allen, )ne Butler Circle, Allen, Texas, or by elephoning 727-0105. /s/Judy Morrison Citv Secretary NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Council has authorized a public hear- ing to be held on Thursday, December 21, 1995, at 1:00 p.m. in the Council Cham- bers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider annexation of approximately 13.438+/ - acres of land immediately adjacent to the City of Allen park property in the Watters Crossing Subdivision. This request is on property situated in the Michael See Survey Abstract No. 543 in Collin County, Texas, and being part of a 79.22 acre tract as described as Tract B, in Volume 1033, page 884, of the Deed Records of Collin County, Texas. Anyone wishing to speak either FOR or AGAINST this request is invited to attend this public hearing and voice his or her opinion. For further information, contact the City Secretary's Department, City of Allen, One Butler Circle, Allen, Texas, or by telephoning 727-0105. /s/Judy Morrison City Secretary