O-2972-12-10ORDINANCE NO. 2972-12-10
' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, REDUCING THE EXTRATERRITORIAL JURISDICTION OF
THE CITY OF ALLEN, TEXAS, WITH RESPECT TO THE PROPERTY
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO, UPON THE ANNEXATION
OF SAID PROPERTY BY THE TOWN OF FAIRVIEW, TEXAS; PROVIDING FOR
AN EFFECTIVE DATE; AND PROVIDING FOR AN EXPIRATION DATE UNDER
CERTAIN CONDITIONS
WHEREAS, the Lovejoy Independent School District ("Lovejoy ISD") has requested the Town of Fairview,
Texas ("Fairview"), annex the area on which the Lovejoy ISD Administration Building and the Came L.
Lovejoy Elementary School are located, which area consists of the property described in Exhibit "A,"
attached hereto and incorporated herein by reference (`the Property"); and,
WHEREAS, the Property is presently located within the extraterritorial jurisdiction ("ETJ') of the City of
Allen, Texas ("Allen"); and,
WHEREAS, in order to be able to annex the Property, it will be necessary for Allen to reduce its ETJ so that
Fairview's ETJ will, by operation of law, extend to the Property; and,
WHEREAS, Allen and Fairview have entered into an Interlocal Cooperation Agreement pursuant to Chapter
791, Texas Government Code, ('the ILA") wherein Allen and Fairview agree, among other matters, that Allen
will adopt a resolution or ordinance pursuant to Texas Local Government Code §42.023 to reduce Allen's ETJ
' to the extent of the boundaries of the Property upon the annexation of the Property by Fairview, provided such
annexation occurs within a time certain; and,
WHEREAS, the City Council of the City of Allen, Texas, finds that the reduction of Allen's ETJ as requested
and agreed in the ILA and the concurrent annexation of the Property into the incorporated limits of Fairview
are in the best interest of the citizens of the City of Allen.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, THAT:
SECTION 1. In accordance with Texas Local Government Code §42.023, the extraterritorial jurisdiction of
the City of Allen, Texas, shall be reduced by excluding the Property, said reduction to become effective
immediately upon the effective date of an ordinance approved by the Town of Fairview, Collin County, Texas,
annexing the Property into the incorporated town limits of the Town of Fairview, in accordance with the
applicable provisions of Chapter 43, Texas Local Government Code, as amended.
SECTION 2. This ordinance shall take effect immediately from and after its passage and publication in
accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained.
SECTION 3. This ordinance, including Section 1, above, shall terminate and have no further effect if an
ordinance annexing the Property into the incorporated limits of the Town of Fairview, Texas, in accordance
with the applicable provisions of Chapter 43, Texas Local Government Code, as amended, has not been
finally adopted by the Town Council of the Town of Fairview and become effective on or before April 13,
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2011
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DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THE 14'" DAY OF DECEMBER, 2010.
APPROVED AS TO FORM:
e�eQ{'m.� ATTORNEYhMY C
(F L:12+1046707)
APPROVED:
Stephen Terrell, MAYOR
ATTEST:
Shelley B. GeorkeCITY SECRETARY
Ordinance No. 2972.12-10, Page 2
EXHIBIT "A"
' DESCRIPTION OF PROPERTY WITHIN AREA OF
EXTRATERRITORIAL-HJRSIODCTION REFIT CTIO
An 11.05 acre tract of land situated in the Gabriel Fitzhugh 640 acre Survey, Abstract No. 318, and the George
Fitzhugh 398 acre Survey, Abstract No. 320, Collin County, Texas, being all that certain tract of land
described in deed to the Trustees of Lovejoy Common School District No. 32, as recorded in Volume 234,
Page 368, Deed Records of Collin County, all that certain tract of land described in deed to the Trustees of
Lovejoy School District No. 32, as recorded in Volume 232, Page 640, said Deed Records, all that certain
tract of land described in deed to the Trustees of the Lovejoy Independent School District, as recorded in
Book 2051, Page 94, said Deed Records, all that certain tract of land described in deed to the Trustees of the
Lovejoy Independent School District, as recorded in Instrument No. 95-0083288, said Deed Records, all that
certain tract of land described in deed to Lovejoy Independent School District, as recorded in Instrument No.
99-0005051, said Deed Records, and the remainder of that certain tract of land described in deed to the
Trustees of the Lovejoy Common School District, as recorded in Volume 880, Page 203, said Deed Records,
and being more particularly described by metes and bounds as follows:
BEGINNING at a found 1/2 -inch iron rod at the northeast corner of Lot 30, Block D, of Country Brook
Estates, Phase I, an addition to the City of Allen, according to the plat recorded in Volume L, Page 428, Map
Records of Collin County, said iron rod being on the most southerly south line of Lot 1, Block A, of
Creekwood Addition, an addition to the Town of Fairview, according to the plat recorded in Instrument No.
20071114010004050, said Map Records, being on the north line of said Lovejoy tract (880/203), and being
the most westerly northwest corner of the herein described tract;
' THENCE South 890 56' 42" East, a distance of 527.34 feet along the common line of said Lovejoy tract
(880/203) and Lot I to the common comer of said Lovejoy tract (880/203) and aforesaid Lovejoy tracts
(232/640 & 234/368), being the most westerly southeast comer of said Lot 1 and a re-entrant comer of this
tract;
THENCE North 120 01' 48" West, a distance of 226.91 feet along the common line of said Lovejoy tract
(234/368) and Lot 1 to a found 5/8 -inch iron rod at the most northerly northwest comer of this tract;
THENCE North 77° 35'21 " East, continuing along said common line, passing the most southerly east line of
the aforementioned Abstract No. 320 and west line of Abstract No. 318 at an approximate distance of 230
feet, passing the most easterly southeast comer of said Lot 1 at a distance of 278.35 feet and continuing a total
distance of 330.00 feet to the northeast corner of said Lovejoy tract (234/368), being in Country Club Road;
THENCE South 120 29'00" East, a distance of 526.33 feet along said Country Club Road to the southeast
comer of aforesaid Lovejoy tract (2321640);
THENCE South 77° 35'21" West, a distance of 43.70 feet to the northeast comer of aforesaid Lovejoy tract
(2051/94), being on the southwest line of said Country Club Road;
THENCE South 12° 29' 00" East, a distance of 130.42 feet along said southwest line to the southeast corner
of aforesaid Lovejoy tract (95-0083288);
THENCE North 860 49' 45" West, passing the northeast comer of aforesaid Country Brook Estates at a
' distance of 10.40 feet and continuing a total distance of 25.38 feet to the northeast comer of aforesaid
Lovejoy tract (99-0005051);
Ordinance No. 2972.12.10 Page 3
THENCE South 480 10' 15" West, a distance of 190.42 feet along the north line of said Country Brook Estates
to a found 1/2 -inch iron rod at the southeast comer of said Lovejoy tract (99-0005051), being the beginning of
t a non -tangent curve to the left having a radius of 50.00 feet;
THENCE along said common line and curve to the left, passing the aforementioned common Abstract fine at
an approximate are distance of 35 feet, and continuing for a total arc distance of 39.27 feet, having a chord
bearing and distance of North 640 19'45" West - 38.27 feet, to a found 1/2 -inch iron rod;
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THENCE North 860 49'45" West (bearing base from aforesaid plat U428), a distance of 700.97 feet along
said common line to the southwest corner of aforesaid Lovejoy tract (99-0005051), being a re-entrant corner
of aforesaid Country Brook Estates;
THENCE North, a distance of 428.51 feet along the most westerly east line of said Country Brook Estates to
the POINT OF BEGINNING and containing 481,303 square feet or 11.05 acres of land.
Ordinance No. 2972-12-10. Page 4
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EXHIBIT "A" (con't.)
DESCRIPTION OF PROPERTY WITHIN AREA OF
EXTRATERRITORIAL dURSIDICTION REDUCTION
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Ordinance No. 2972-12-10. Page 5