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O-2497-3-06ORDINANCE NO. 2497-3-06 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, MAKING LEGISLATIVE FINDINGS OF FACT AND CONCLUSIONS; APPROVING THE USE OF A PORTION OF ALLEN STATION PARK AND THE DON RODENBAUGH NATATORIUM FOR A WATER TRANSMISSION PIPELINE EASEMENT AND A TEMPORARY CONSTRUCTION EASEMENT; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, Chapter 26 of the Texas Parks & Wildlife Code requires that a city must make certain determinations prior to the approval of any project that requires the use or taking of any public land designated and used as a park; and, WHEREAS, the City Council has provided 30 days prior written notice to the Parks Director and the Chairman of the Parks Board of a public hearing to consider a proposed project to use a portion of Allen Station Park for a water transmission pipeline, and a temporary construction easement, as shown on Exhibit "A" attached hereto; and, WHEREAS, notice has also been given to the public by publishing a notice once a week for three consecutive weeks, the last of which publications was not less than one week or more than two weeks before the date of the public hearing, and which notice was published in the newspaper of general circulation in the City, published at least six days a week in Collin County, Texas; and, WHEREAS, the public hearing on the proposed project was conducted by the Allen City Council on March 14, 2006, at which time all those desiring to do so presented written or oral testimony; and, WHEREAS, the City Council has considered clearly enunciated local preferences in the course of such public hearing. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The City Council of the City of Allen, Texas, finds that the premises hereof are true and cored and determines and finds the following facts from the public hearing and its investigation: A. A permanent easement and a temporary construction easement are needed by the North Texas Municipal Water District for the extension of a water transmission pipeline adjacent to the Exchange Parkway right-of-way, in Allen Station Park and along the Don Rodenbaugh Natatorium, as shown on Exhibit "A" attached hereto; B. The placement of the water transmission pipeline in Allen Station Park is in the best interest of the City of Allen and its citizens; and, C. The proposed project will not adversely affect the use of the remaining park property for park purposes. SECTION 2. The City Council further finds and determines, after the public hearing and testimony, and in ' its legislative capacity, that: A. The project includes all reasonable planning to minimize harm to Allen Station Park resulting from the use or taking; I 1 1 B. The City Council has considered clearly enunciated local preferences, and finds that approval of the project is justified in accordance with the requirements of Chapter 26 of the Texas Parks & Wildlife Code; and, C. Because the easements in the Allen Station Park and along the Don Rodenbaugh Natatorium are being conveyed to the North Texas Municipal Water District, a governmental entity with the power of eminent domain, it is not legally required that an election be conducted to authorize such conveyance. SECTION 3. Based on the findings and determinations made herein, approval is hereby given by the City Council of the City of Allen, Texas, to the use of a portion of Allen Station Park and the Don Rodenbaugh Natatorium for a water transmission pipeline and temporary construction easement, all as described in the Exhibit A; the plans to minimize harm to Allen Station Park resulting from the use or taking are hereby approved; the City Manager is directed to proceed with the additional planning and steps necessary to give effect to the project; and all action previously taken by the City Manager in regard to this Project is hereby ratified and approved. SECTION 4. This ordinance shall take effect immediately from and after its passage, as the law and Charter in such cases provide. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE le DAY OF MARCH, 2006. APPROVED AS TO FORM: / / tl A! N Peter G. Smith, clatt ATTORNEY APPROVED: Step�ll, MAYT ATTEST: Shelley B. George, C, CITY SECRETARY Ordinance No. 2497-3-06, Page 2 1*14711:119MV THAT the andasiged City of AU. (hereinaR¢ called "(hmsmr') for and as consideration of the atm of TEN AND NO1100 DOLLARS (510.00) Dash iv band paid by the NORTH TEXAS MUNICIPAL WATER DISTRICT (hereirmfter called "Granted) the receipt of which is hereby acUnwledged and eonfused, has w -.t A old and conveyed, and by these preens, does gent, sell and convey unto the Caanre, an comment and nghtof�way in and through diose cenam paanisu owned by (cantor to construct, operate, neconrmvu, Pripet olly maintain and nrmov<a pipeline for the amsportatim of water, with all incidental egttipmaat, and appmammures, oat ova, under or through the following described lands situated tam Collin County, Team. to -wit T'rae119 Being a variable width permanent waterlina enamored, slashed in fat 2, Bleck D ofAllm Station ' Park Addition, an addition m the City of Allan, Collin County, Toes as rewrded in Cabinet Q, Slide 124 of it. Plat Remade of Collin Costly, Tuns and being deeded m fire City of Mlm as recorded in Catty Clest's File No. 95-0056329 of tie RW Property Re=& of Colla County, Trans, said variable width permanent ,marihr assonant being more particularly deautUed by mates and bound, ss follown, Timet 20 Addition, an addition to 0r qty of Allen. Collin Cwnty, Teras as recorded in Cabinet Q. Slide 124 of the PM Records of Collin County, Texas and being deeded to the City of Allen as mcordN to County Cbrrs Rile No. 95-0056328 of the Real Property Remols of Collin County, Taxes, said 20.0' permanent waterline casement being areae particularly desenbcd by mates and bounds as follows: Trgct2l Being a 20.0' permanent wmalins maanmt sinand in Lm 1-1, Block A of Allen Educational Park Addition, an addition to the Cy of Allen, Collin County, Tease as recorded in Cabinet hf, Slide 168 of the Plat Remrda of Collin County, Texas and being dm&d d,o the City of Allen as worded in Volume 4715, Page 2010 of the Rmi Property Reeerds of Collin County, Toms, said 20.0' Permanent waterline eras samm being nae particularly desenbed by trades and bounds u follows: SEE ATIACHED EXHIBIT "A" FOR DESCRIPMON The Grantee hereon, its smareasom and assigns, shall have, and it is hereby granted the right of ingress mid egress for all purposes incidental to mid grant The Grantee shell utilize the easarcnt for an undergrmmd water pipelhr and appmtmmers including above ground aPpnt®aosee ALLENMLANO/FRISC'OYMCNINM WATER TRANSMISSION PIPELINE Page l Ordinance No. 2497-3-06, Page 3 EXHIBIT "A'$ D,NA m y�,,= TRACE-1jdlE 120, k N^� N r4Z SEI�N'1U'FNOCRRAILWATR F NRA RDIS 'RICf s A1ax1)rtAN(1FR1S%MdCINNEY WATERIRANSMISSIOi - a WCF 02-W `o :o a. LL sees o zoa STATE OF TEXAS $ § KNOW ALL A/PN BY TTIESE PRESENTS: C011I41Y OF Ci)LL.IN S THAT the andasiged City of AU. (hereinaR¢ called "(hmsmr') for and as consideration of the atm of TEN AND NO1100 DOLLARS (510.00) Dash iv band paid by the NORTH TEXAS MUNICIPAL WATER DISTRICT (hereirmfter called "Granted) the receipt of which is hereby acUnwledged and eonfused, has w -.t A old and conveyed, and by these preens, does gent, sell and convey unto the Caanre, an comment and nghtof�way in and through diose cenam paanisu owned by (cantor to construct, operate, neconrmvu, Pripet olly maintain and nrmov<a pipeline for the amsportatim of water, with all incidental egttipmaat, and appmammures, oat ova, under or through the following described lands situated tam Collin County, Team. to -wit T'rae119 Being a variable width permanent waterlina enamored, slashed in fat 2, Bleck D ofAllm Station ' Park Addition, an addition m the City of Allan, Collin County, Toes as rewrded in Cabinet Q, Slide 124 of it. Plat Remade of Collin Costly, Tuns and being deeded m fire City of Mlm as recorded in Catty Clest's File No. 95-0056329 of tie RW Property Re=& of Colla County, Trans, said variable width permanent ,marihr assonant being more particularly deautUed by mates and bound, ss follown, Timet 20 Addition, an addition to 0r qty of Allen. Collin Cwnty, Teras as recorded in Cabinet Q. Slide 124 of the PM Records of Collin County, Texas and being deeded to the City of Allen as mcordN to County Cbrrs Rile No. 95-0056328 of the Real Property Remols of Collin County, Taxes, said 20.0' permanent waterline casement being areae particularly desenbcd by mates and bounds as follows: Trgct2l Being a 20.0' permanent wmalins maanmt sinand in Lm 1-1, Block A of Allen Educational Park Addition, an addition to the Cy of Allen, Collin County, Tease as recorded in Cabinet hf, Slide 168 of the Plat Remrda of Collin County, Texas and being dm&d d,o the City of Allen as worded in Volume 4715, Page 2010 of the Rmi Property Reeerds of Collin County, Toms, said 20.0' Permanent waterline eras samm being nae particularly desenbed by trades and bounds u follows: SEE ATIACHED EXHIBIT "A" FOR DESCRIPMON The Grantee hereon, its smareasom and assigns, shall have, and it is hereby granted the right of ingress mid egress for all purposes incidental to mid grant The Grantee shell utilize the easarcnt for an undergrmmd water pipelhr and appmtmmers including above ground aPpnt®aosee ALLENMLANO/FRISC'OYMCNINM WATER TRANSMISSION PIPELINE Page l Ordinance No. 2497-3-06, Page 3 OWNER: Chi of Age. TRACT NOS. 19, 20, 21 The comsyancs includes a lenWm.y construction caxment fir the purpose of cec ivaGm,, enummemn, aid Isying of said pipeline. The said ' Tte potuy Construction Easannod punted bareln sod desuibed will saminate and case Won completion of the construction end testing of said pipeline. Said temporary construction easement desenbed in Falubit'A". The said Cantor hacuy his Achs end essips, shell have the tight July to use end enjoy the said premises covered by mid ebovc desmbed eesemeat irchsdmg the right to Iay out and cmn m cm cts, days, parting lots, faxes, end todities serosa said aaasent area provided that such streets end utilities do not endanger or intafae with to norms] opendim of Oemtee's pipeline, and provided Gnntor provides Ormoo with plans for said censtiuctim thirty (I0) days pnu to construction of said improven sects m and over said righto4way. Gmntm mey one erect buildings end walk osv said rightobwey. In addition to consideration Wave ached for the use of said easement, the Omnia will rtetme to a condition as good or better said WopmV including but not limited to £cotta, dnvswsy dminne tI mmols, tame, end other in mvcments demeged through the ua of said easement TO HAVE AND TO HOLD unto the said NORTH TEXAS MUNICIPAL WATER DISTRICT, its sucasaws and assigns, the above described eseement sed tightof y. end 1 do hereby bind nryaelf, my Itche, meentus, and edministratas to warrent and fwsv defendall and singuu the said pennisee, to the NORTH TEXAS MUNICIPAL WATER DISTRICT, its sumessms aid assigns, apmtt esury pensmt whomweva bwfuly cle ami, ce to chum the same ' no soy PsA thmofhacin. By executing this oemr the mdasigned mpreseeh tat he/she u dolly euthommi to, execute this document on behalf of Gmnme; that Guntor is the owner of fa simple tl0e to the peep" across which the easement is being grunted; end that Gonna is the sole paty entitled to receive the considentin t bring pid for she easement. WHNFSS W HANDthis 1q y—&yof f f 2005. LANDOWNER'S SIGNATURE: A77Bt'IRLANOIPE13f.'O/MeEINNEY WATER TRANSMISSGNPBELWE Page Ordinance No. 2497-3-06, Page 4 I 1 nm• ',inu THE STATE OF TEXAS 4 OWNER: CTI, of Alk. TRACT NOS. 19, 20, 21 4 conN1 YY of 6�: n 4 '@ie tloc,mna ,w uelipwledged 6efine ac ly Q2h! ` a.C3 Nomhof •1i�C'h„ oG (kl\U� on (tis X_dgof Pe�< (�f"x`1-SXFLLEY B. GEOaG� �spmxam�eNine�mmv My C....mi. Expires: ml?k,- NOTARY PUBLIC, STATE OF TEXAS �r � un*YPublic P' ted n.c) A7d.SN/PI+WQ'PRISCO/MeICQiNBY WATERTBAN5M1i1SbTON P1P6IdNE Ordinance No. 2497-3-06, Page 5 Page 3 I [l EXHIBIT -A- NORTH TEXAS MUNICIPAL WATER DISTRICT ALLENIPLANO/FRISCO MvI(INiEY WATER TRANSMISSION PIPELINE PARCEL NO. 19 OWNER: CITY OF ALLEN PE30LANIM WATERLINE EASEMENT LOT; BLOCK D, ALLEN STATION PARK ADDITION CITY OF ALLEN COLLIN COUNTY, TEXAS Bring a variable width pawnor waterline eawanect siouted in Lor 2, Bloch D of ABea Station Park Addition, an ndditou to the City of Allen, Collin Cowry, Term as recorded in Cabinet Q, Slide 124 of the Plat Records of Collor Camty, Teas cell being deeded to the City of Allen as recorded in County Clerk's File No. 95-01156328 of the Real Property Records of Collin Gunny, Texas mid variable width Dmvae to waterlwe easement being arum pandedarly described by nems and bounds as follows: BEGINNING s e point in the west It.. of said La 2, said pond being the s Whom come of a 20' walMins easeaent deeded to North Texas Mundripal Water District as recorded in County Clark's File No. 95-0052435 of said Real Property Records of Collin County,. Texas said point also being in the ort right- oEway line of Dallas Arm Rapid Transit (a 100.0' right-of-way) and having grid coordinator of N=7,093,506.03 and E-2,529,837,32, &oro which a 5/8 inch inert rod with mp stomped "HUf1I- 7OLLARS" faced for the northwest conic of said fd 2 bora North 10 degas 49 minuto 43 accords Eass, a distance, of 20.00 fat, said 98 inch not rod with cap ahmpef "HUTIT-7ALLARS" being in the south rightof-way live of Exchange Parkway (a variable width Tight -of -way), THENCE South 82 degrees 53 mintsea 00 seconds Ext, with the somberly line of mid 20' watWine aoemat, s distarmc of 65.D1 fort to a pour for.: THENCE South 75 degrees M ndmnes 28 wconds East, with the uwlhedy line of said 20' weerliae euernens a distanm of 164.98 fact to a point for comer, form which. 5/8 inch imn rod with rap nemped "HU117-ZOLLARS" faced for a caner in the oatharly line of said Led 2 buns Nath 06 degrees 27 mints. 38 wands Esq, a diemnce ol20.19 feet, mid 5/8 hich iron rod with sap stamped'TR)TR-ZOLLARS" being in 0w south right-eEway line of amid Exchange Parkway, THENCE Nath 88 degms 29 connotes H wands Eels with the aotsherly lira of said 20' waterline easement, a distance of 342.55 fat to a pond for Amer, from which a 12 inch new rod rmod for m comer in no, northerly line of said Lal 2 berm Nand 13 degrees W miners. 08 seconds Wass a dismna of 20.41 fen,, said 12 uah i. and bring in the sotto right-of-way line of said Exdungo Parkway; TRENCH North 65 degrees 29 rdnules 59 accords Esq, with the southerly line of said 20' waterline emenen, a dielevice of 220.35 fes to m point for the beginning of a auvc to the right lining a cath. of 1782.96 fen, a carnal net of W degrees 26 minutes 54 scoots add whom chard beam Nath 76 degrees 08 comics 56 ¢wads and, a chord distance of 13.95 fact; (Exhibit -A-) Page I of 5 Ordinance No. 2497-3-06, Page 6 I THENCE with said nontangrnt curve to the right and with the somledy Ene of said 20' watt line emdnmt, an am length of 13.95 far to a point for comes in the east line ofsgd Lot 2, said pow being in the wart rightof-my five of Ceder Rive (a %notable width HghtoRway), from which e 518 inch hose rod with cap atuged "HUfTf-ZOLLARS" found for a concert in the mrtberiy lint of said Lot 2 barn Nora 13 degrees 58 minutes 39 seconds West, a distance of 10.00 feet, North 58 degrees 56 minutes 45 seconds West, a distance of 14.15 fear and a chord boring of South 76 doges, 20 toner. 30 seoovdse Wesel, a chord distance of 5.73 feel, said SB inch iron rod with cap snooped "Hgf ZDLLARS" being in the south rlghtrof-way line of said Exchange Parkway; THENCE South 13 degrees 58 urian. 39 $men Esq, with the rest line of sold Lot 2 and with the west rightaf-way line of cid CWv Drive, s distance of 20.00 @4 to a point for comer, THENCE South 74 degen 17 mouses 40 sconda West, a distance of 14.69 fest to a pow for comer, THENCE South 65 degea 29 mount. 59 seconds West, a distance of 215.89 fat to a point for the beginning of a carve, to the right having a radius of 20.00 feet, a central angle of 22 degree 59 minutes 45 seconds seat whose chord bean South 76 degrees 59 mince. 52 sconds West, a chord disarce of 7.97 fed; THENCE with said amve to the right an arc length of 8.03 fees b a point for coma; THENCE South 88 degrees 29 mind. 44 scunds West a chance of 342.55 fed to a point for the begismmg of a dove, b the right having a radius of 20.00 fat, a c Kral suite of 15 degrees 55 minutes 48 won& and whose chord bean North 83 degrees 32 minuses 22 ascends West, a chord distance of 5.54 fed; THENCE with said curve to the right, an am length o17556 that b a pow fm comer, THENCE North 75 degree 34 mass. 28 sccoMs West, a distance of 163.47 fat m a point for come, THENCE North 85 degrees 30 minutes 42 accords West a diasoee of 6552 fad to a point for comes in the west limo of said La 2, said prim being in the east rigMof-wry line of said Dallas Aura Rapid Transit; TBBNCB North 10 doge. 49 minor. 43 u .ads Fent, with has west line of said Lot 2 and with the.rt right -of --way line of said Dallas Area Rapid Transit, a distance of 23.08 that to the POINT OF BEGINNING and condaimrag 16,326 square fed or 0.375 acres of and, more or less. TEAIPOEARY CONmucTION EASEMENT Brie& a variable width temporary construction cas®mt comigoua with and adjoining [be soothed, live of mid variable width pe man sat watedme easrntent, as shown on Plat of Prinbit "A" of this dmment, mid vadsble width mmpotary consuudiou cwcmrnt shall expire upon completion of the waterline prolan, (Exhibit "A") Page 2 of 5 Ordinance No. 2497-3-06, Page 7 I 1 1 NOTE: All hearings and awrdin4lee are refaeneed to the Texea Coordioate System, NAD -83, The North Carnal Lme, based on TxDOT Control Monrmeon #R0430026, #R043003S and #R0430019, with a T) DOT S ofatt Pact. for ad. project of L000152710, dhbr. and area ahotm—s.faca e SURVEYORS CERTIFICATE TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED. I DO REMY CM11FY THAT THE ABOVE 1EGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECT. Compmy N. Go..k. & Ass olatM Lot. BY 4V Sm1eyor4 Name W. Tmat Wilton Registered Profrso r.1I SorlOw Texas No. 5146 DW of Survey: &W 14,2M 1Pi`6O Er\"fq W. TgRUEiT WILSO G1rP"fse�oyOp' �SUq`t� (Fj!R t W) Page 3 of 5 Ordinance No. 2497-3-06, Page 8 I 1 1 PLAT OF EXHIBIT ;:zO-m -� c-. - . n m y! 663 IR x EXCHANGE PARKWAY m�i3�m' ma.E tmn AWM-a-..» VMWtF 1IOIN RRWIIM 'IAlO11MErE14fIfM (14310 ]P r,. Q U� ILJ WJY. Po-W1M35 r IVA.CF.f. �+ 3Y -•Yj�� � .r.t .OIM ,YNWTI7; W? �� QS i urt BLOCY O Q ALLEN STATION PAL (] �wN[ppcal0f �N 100 50® SME IN FEET £LTYnOF ALLEN W. ye. n-wsnx P C-01. WATER rnuE Ordinance No. 2497-3-06, Page 9 W Z J_ U INIpI.E Pfiq+ERtt Allo l.aanoN arF oT ras£ac3rt C u PLAT OF EXHIBIT "A)' LINE TABLE WRVEpTAB __.� ...-. LNL eT/.ex ogxu GI]E av": a aRa r m• xxxRa l.` EXCHANGE PARKWAY �. 41 q CITY OT.A= I �" �� W lM)M]la lNM 1{+OGIML / Z-[ t] ( Cd61ID IA�q Y / U i 70 77 .i'�, Q1 AusVlRf 6�aQ IYA�� G�e1� �.."(+W N fCNxl l fff 100 50 0 100 SCALE IN FEET ` Ruws rrvo ceoxouuR u¢ xLrz�NNUD m ixe Rus W E PROPERLY Me Cw L sn iNE NavM Lr..Mra LOGTgN WP OP EtSELENi iAO; wo° Iss:i+o" og]x:¢ Do Nxu mwx .x mxa]a. t<OF r +CP' 'S14'F F NORTH TEXAS MUNICIPAL WATER DISTRICT 505 E. BROWN 5T. P. O. BO% aaoe wNLIE. TEwS )5088 NaRTH TEEAS YONIC)PAL RATER .STRICT W, iRUET�W SON ALLEN/P61Na/PRISCO/RMNNEY 4ATRR TRANSRISSION PIPELINE,y�` PARC L W. 19 �,�g1• 5110 T D AibN R LOCATi N: f1Y NTY TE , WNOLE P ACREAGE+ ALRES P rwX s q s iROEII zB W ww-iml qw gr. q OLo ]xlinn rta61E4o iv]]9L1a 4xu Ordinance No. 2497-3-06, Page 10 EXHIBIT "A" NORTH TEXAS MUNICIPAL WATER DISTRICT ALLEN/PLANO/FRISCO/MeKINNEY WATER TRANSMISSION PIPELINE PARCEL NO, 20 OWNER: CITY OF ALLEN PERMANENT WATERLINE EASEMENT LOT 1, BLOCK C, ALLEN STATION PARK ADDITION CITY OF ALLEN COLLIN COUNTY, TEXAS Being a 20.0' peimmmt waterline enwent situated in Lot 1, Baric C of All. San. Park Addition, neo addition to the City of AB., Collin County, Tam as mended in Cabinet Q, Slide 121 of the Her Rscerds of Collin Canty, Teem and bring defied oc the City of Mice as recorded in County Clerk's File No. 95- 0056325 of the Rol Prvpcty Records of Colla Candy, Teem, said 20V permanan wateaiwe tae urrm being more particularly described by meta and bounds as follows: BEGINNING at a point in the was line of said tars 1, said Point being in the southerly lire of a 20' waterline asoma deeded to North Teeas Municipal Water District m recorded a County Clek'e I& No. 95-00SN35 of sold Real Property Soc sash of CDIRn Conty, Telae, said pont also being in the act right. of.way line of Cedar Dive (a variable width rigaof-wey) and having grid mordimtes of Nw7,093,58812 and P/2,530,716.19, said point eta being the beginning of a non -tangent newer to as left having a undies of 1782.95 fees, a wdsal angle of 04 degrees Sl rnhura 39 seconds and whose, chord base Nath 70 degrees 12 minora 53 ssooda P sL a chord distance of 15111 fes, from which an "]C' in cassette found for a cam in the was line of said Lei 1 ban North 13 degrees 58 masa 39 secunda Was, a distance of 10.02 feet, said "3P' in concede, being in the ass rigMbf-way line of said Ceder Dive; THENCE with said net-turgmt cave to the left and wish the southc3y Ihw of mid 20' watalae asem.l, an ran length of 15116 fed to a point for corner, from which a 5/8 such, iron rod with ap damped'4fU11T-ZOLIARS" fond for a wana su the nth Sea of mid for I ban Nath 22 degree 16 edmaa 45 stands Wed, • distance of 20.00 fat, said 5/8 i ob and rod with ap damped "H UITT-7ALLARS" bring to the south rightof-wey live of Maclaurin Parkway (a variable width right of -wry); THENCE North 67 degas 47 mimned 06 grounds End, with the southerly line of said 20' waterline covens, a distance of 747.50 fed to a point for lbs beginning of a curve to the right having e radius of 1827.36 feet, a areal see* of 09 degrees 24 minutes 02 steads and whose chord bans North 72 degree 29 manta 04 wands End, a chord distance of 299.48 fed, Iron which a 5/8 such iron sal with cep starq,ed "HURT-ZOLLARS" food fu a anter on the northerly line of aid Lei I been North M degrees D7 round. 56 acands Wed, a distance of 20.W fun, said 5B anti bon rod with cap stamped' RUJTTZOLLARS" being in the earth righsof--way live afsaid Baebenge Parkway; THENCE with said curve b the right and with the southerly hee of said 20' watch. ..ad. are length of 299.82 fed W a Point for arm, from which a 5/5 hxb hoe rod with cap damped "HUIT-f-ZOL. S" found for a comer in the north line of said Lot ) bears North 06 degrees 42 ®e den 44 canoed, Weal, a distance of 20.11 fat, acid 5/8 inch imn rod with sup amed "HIRTf-ZOLLARS" being in the mush ngNaf-way line of mid EarhmW Parkway, Ordinance No. 2497 -3 -OG, Page 11 I THENCE North 89 degrees 21 m®a. 26 wands East, with thm eouthedy ]bin of aid 20' waterline =am=, a distance of Will fat We point for eomc. THENCE NOM 84 dcgces 16 mime. 06 amends Emi, with thm somberly line of aid 20' watorllne common, a dismnw of 50.71 tat to a point for coiner in the wet line of said Cot 1, ,mid point being in the weat line of La 1-1, Blick A of Allen Educational Pah Addition, an addition to the City of Allen, Collin County, Team es termded in Cabinet M, Slide 168 of aid Plat Recmdv of Collin County, Team, from which the militant coma of mid Loi 1 liters Nwh 24 degrees 17 mimta 27 amoods Peat, a thenen of23.13 feet; THENCE South 24 degree 17 initiates 27 s .on& Went, with We moil lime of said f.ot 1 and with the wen line of aid ]at I-1, a divorce of 23.10 fad m a point fm muter, THENCE South 84 degrees 16 mirnsta 06 eemsde Weer, a dietance, of 39.16 feet to a point for the, beginning of a nave b the right having a radius of 20.00 fed, a antral angle of 05 degrees 05 minute M semods sed whose chord been South 86 degrees 48 minutes 46 amnds Wes, a eland distance of 1.78 teG,. " THENCE with aid neve to the right, an am length of 1.78 feel to a point for comer; THENCE Seth 89 degas 21 nevem. 26 mocndv Wen, • distance of 142.69 feet to a point for the begiming of a non-tmgent awe to the left having a ®dim of 1507.36 feat, a antral eagle of 09 degrees 20 minutes 00 weenrba and whom chard James South 72 degrees 27 minuhn 03 snoods Wel, a ddnd diatmee of 294.08 fee; THENCE with aid inn -tangent awe to the left, an arc Italia of 294A fat to a point for ecna, THENCE Sodh 67 doge. 47 rniand. 06 saonds Wel, a distance, of 747.50 fen m a point for the begirding of.. to the right having a call of 1802.95 feet, a cattod angle ofN degree 53 minutes M smaada sed whoa obord b.n Seth 70 degree 14 mind. 00 mcmads West, e chord distance of 154.09 fwd; THENCE with aid curve d the right, en son length of 154.14 fed to s point for cam. in the wad lime of said Let 1, aid point bring 1n the cat righPof-way Em of said Ceder Ihive; THENCE North 13 degrw 58 mind. 39 wmnds Wm, with the cath line of aid Lot I aid with the an right-of-way line of aid Ceder Drive, a distance of MM foal to the POINT OF BEGINNING and commies 27,738 squere fat or 0.637 au. of add, mow or lou. TEMPORARY CONSTRUCTION EASEMENT Being a variable width lengmary amciarmu n easement contiguous with ad adjoining the wutbody line of aid 20.0' peamnnwl wamlhd enamel, es shown on Plat of Eabsbil "A" of this dooumwt, add variable width temporary ocrc a int euvnem shall expire upon completion of the waterline pojwt. Ordinance No. 2497-3-06, Page 12 I 1 NOTE: AE bminp and coordinate me rafertooed to dor Texas Coordinate System, NAD -63, T6n NcM Central Zone, basal on TxDOT Coot ol Momuoeota #80430026, #80430038 and #80430019, with a TxDOT Sot&. Famm for dds pmjdo of 1.0001527 10, distam;e and areas shown art v.boo, • SURVEYORS CERTIFICATE • TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, I DO HEREBY CERTIFY THAT THE ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND THAT SAME IS TRUE AND CORRECP. Conryany Name: Gorroodooa & Anodater, toe. By. SurveyoA Name: W. Trved Wilson W TRUETT YAI.SON R,Wttteed Pmfesaonal Land Survcym, Tcxas No, 5146 61x9 W Dateof Survey: Amil 14 2005 Ordinance No. 2497-3-06, Page 13 I I PLAT OF EXHIBIT "A" cU TABLE E14[ R.CR5 TFL pglOf eFMON6 tlM0 !M o -I .43 aro+» mn Isl.n Isla E-6 IWLSs WSS S]PV CO IHM %M 46 Ip295 M36.. 5 ]P1635M .W 1MI3 w 4ns'u ro>Y Iila. IIJI ��R�w; ,�pJ � a txc erNac P9NILE m' xlxxn / ` W Z -S NISY'l91 36]3 4Pe �r/"" ",,�� t1t�1`'`• T. t -u x I W'»w oax t -v N zx16'sY Sam � ' 14rt1 E0.IN6" t g `'036'11L LO1M HIMT/M sesta' c 1 1 I Am STATION PARS t -le iEs � EacE n nv IH I a t!. C"160 i II"^iResx '. 1 I ,4nLL IN l• ul P3�.DR.M3 4p.i�wa rs 100 50 0 SCALE IN FEET pRwlEs tmlwlu3¢ Nx w[Iv]¢o ro xn }CW 11104E PW WERW AND rz m?�. w -u >Id mnx axles zwE vso LOGIION .t1P OF E0. wm ' , [EN, 4WIYG•M1 Yd 6. /PO.AOM pD CM.AOIA xII11 N ldbf A:IM IGI M6 pIYEC1 fY315P15 E6M1E6 MO YGS 94xx M[ Yf1ILE 4EOf 3�P •pSs eAy�..�y NORTH TEXAS MUNICIPAL WATER DISTRICT � l' 505 i BROWN BO 5f. P. 0. % 240aYU 0 E, lEKAO >5099 ' NBR>'N TEXAS MUNICIPAL rATSR DISTRICT W. TRIM( ;^" ALLSN/PLANO/PNSLV/YefIXNSY IIATSR TRANSMISSION PIPELINE - g We � Q ••••APs 1. � PPRLEI N0. 0 9N 85,.-,3 $V39MSIOM: 1 BL K A I N PMK MOIIION 'V C IOL>TION. Lf1T f N D T xA5 A=5P.ME . EI f TRVEIT NM1 N w.-IMI PWM 9Y: p 6x0 I I-E91f IICE61EW0 PFfE55iCNY INO }EM [IR Bf' IM SC4L: I � iE0' SI.6 Ordinance No. 2497-3-06, Page 14 I I I PLAT OF EXHIBIT "A" LINE TA&£ I CUM Te E L56 6VRA9 45ZMICf IVOWSZhu fZNxlo 9EMK CNSOt L-1 x erarm 1«aJ oa f x mrw'c awn zwn L -J u w ze,o lamas mmm >zR m +m mw+l aan c -e w.m m'm ser+e+ J. Lo -s en�ae »z.m o -z nm.N m.n .a.+v xlrzry ma L -la 6 NS'.6S 61 L-11 • ;�° EXCHANGE PARKWAY -U w'1a 15 RP.S L -lex m.m nw ye•N rvAEP ]0 N.i. A. e/W SIMWa 56 MDl 9' Z-aD L -M N Zf1Y ]2 aJ.p LMZ [ASEYME lYil IDLIMIPINI ` -�- c S. a➢.RGCm5N35 1y_ mo'PENxnxx, - (zr.ne so xa 2 KS 4?'"' HIT' -"+H — ' _ �wwa rme. rzxrauRR, / ISTLW�A �ON 9�Nw) i' E an or \4--.l. EAneP + Oov f cu.e .../. s -r � (••.•BTii w +aNn 100 50 0 100 Awx C ® ALLTN STATIDM PAM calci w as Iz. SCALE IN FEET xccz. xB[: Nu BAa6 m maxolNm Na BlnaaAID m TXE TEWS MIOLL PROPERTY ANO BapxR msiRRl, xw-o. iK wml ByAixK me msm LOGTON MAv OF FiSEMEHT �MpT�Amlfy ISIL IOFW�IIaKf fIG7 Plglttl b 12W,1xn4 i6yVR wo zHnS sww Te vAscE. g OF *- >'t........ t N �.r lere NORTH TEAS MUNICIPAL .I28 WATER M75I �EmI98 6/as° •`s NOFTM llXy MUNICIPAL MATER DISTRICT W.TFIUETIW "iL50+V,. ALLBN/PLAND/PFISCO/MaTINNNY MATFR TRANSMISSION PIPFLINR Y°q sm y] fn0 d.4 PARCEE 5p9pry1y0N: L 1 N RATION P MN 'V ""�• L 110 ' Itt OG A M Cp1NlT TEAS WNOLE PROPERTY 10 B I RES wB a aE 5 W, TRUETT WILSON W. WOf-IWI aWxx B,: PJLD - P[E61ERZa MgiESSOwL VNo BR N/ZaM CM. 9Y: WIV StNL' 1 - �M ] MLx Ordinance No. 2497-3-06, Page 15 I I EX IT "A" NORTH TEXAS MUNICIPAL WATER DISTRICT ALLEN/PLANO/TNISCOAAcKINNEY WATER TRANSMISSION PIPELINE PARCEL NO. 21 OWNER: CITY OF ALLEN PERMANENT WATHRLDiE EA.SE.4ICNT LOT 1-1, BLOM A, ALLEN EDUCATIONAL PARK ADDITION CITY OF AL" COLLM COUNTY, TRXAS Being a 20.0' pcmaorW waterline casemeat situated in Lea 1-1, Block A of Allm Eduestiooel Pah Additimt, an addition m the City of AIIm, Collin County, Teass m recorded to Cabinet M. Slide 168 of the Plat Records of Collin County, Topa and being deeded to the City of Allen as recorded in Volume 4715, Page 2010 of the Red Property Records of Collin County, Tctrsa, aid 20.0' pennnwt waterline easernmt being more poEcoledy, described by mete sod bounds an follows: COMMRNCING 9 a M inch hem and with rap stomped'WITITZOLLARS" fond for a come or the tenth lime of lot 1, Bleck C of Allo Session Park Addition, m addition to the City of Allm, Collor Cowry, Two as recorded in Cabin Q. Slide IN of said Plat Records of Collin County, Texas, said 518 inch ion and with rap stamped "HUITZOIl kkV' being m the south rightof-way line of Exchange, parkway fa voiable width rigb:of-way; THENCE North 89 degrees 21 minutes 26 snood, East, with the north live of raid Let 1 and with the south dgMrof-way line of said Exchnngc Pehway, s diemrce of 146.07 fact to e point for a corm in the moth line of said Lnt 1; THENCE North 84 degas 14 minima M secoods Fast, with We north Iine of said Lm 1 and with the south rightof-way, line of said Exchaer c Parkway, a distarce of 61.40 feet to a point for the outhwest comer of said La 1-I, said point being the northeast comer of said Lm 1; THENCE Smmh M degas 17 miuoa 27 aeceods West, with • westerly line of said Lm 1-1 aM with the easterly line of said Lot 1, a distance of 23.13 fess to the POINT OF DEONNING, said point being in rhe aothndy line of a 20' waleriite esaemenr deeded to North Trans Mmtidpal Water Ditrict sa recorded in County Qerir's File No. 95-0052435 of said Rd Pnopet, Ro rodr of Collin County, Texas, said point having grid coordinates ofN-7,N4,018.77 and F-2532,031.16; THENCE North M dogrca 14 mdmna 03 seconds, East, with the southerly lime of said 20' waterline ..L a distance of 111.56 fort m a point for wtm; THENCE North 79 degrees 12 minora 39 seconds, Easy with the amtherly line of said 20' woerlme eaemwy a distance of MAI fact to a point for the beginning of a non-tengeett wive to the night having a radius of 1927.36 feet, a central Bugle of N degrees 30 minute 03 seconds od whose chord bars Souses 83 degrees 52 mmnutes 14 seconds Eat, a chord distance of 302.67 feet, limn which a 5/8 inch int nod with cap stamped "H13f1TZOLL4RS" found for a toter in the northerly line or said lot 1-I bees North M deg. 43 minutes 18 seconds Way a distance of 20.11 tack said V8 ircA inn and with cap skimped "HUOTZOLLARS" being or the south riglrtofway lime of said Eachsuge Parkway, THENCE with said n ottani ort wive or the right and with the southerly line of said 20' waterline .meet, m arc Imgtb 6003.01 fact son Point for comet Ordinance No. 2497-3-06, Page 16 H I THENCE So dh 29 degrta 42 miredes48 rewrds Pas, a distarce of 74.29 feet m a,o[nt for cant, THENCE South 74 derives 42 mine,. 48 ..& Pest, . disfmre of 19.51 feet in e Point for Bernet in We easterly line of said Lot 1-1, said point being in the watarly rigbtof-way Ibe of Rivcvai Boulevard (a variable width right-of-way); THENCE Swth 15 degsvea 17 minute 12 sec.nds Wen, with the eaatmly line f,.id Ta 14 and with the wetly right-of-way Zinc of said Riverees Boulevard, a distance of 20.00 feet re a point for corner, THENCE North 74 degree 42 minutes 48 seconda Wait, a distance of 27.80 Said to a pelt, for corner, THENCE North 29 degrees 42 mine 48 sec..& Weal, a dielaoa of 73.35 feel to a point for the beginning of Avon -,urgent nerve to the leg having a radion of 1807.36 fee, a oeaml angle of 09 deg an, 09 mttenhs 33 seconds and whew chord ban North 83 depon, 58 mina 56 eavnds Wes, a chord dints of 288.09 feel; THENCE whh said one -hanged anve to the IBR, an an length .1728939 feet to a point for cant THENCE South 79 degree 12 mioma 39 awards Wart, a distance of 142.70 fan to a point for the beginning of • nerve to the right having a radia.f 20.00 fed, a cental angle of 05 degrees 01 ndmda 24 seconds and whew chord been South 81 degrees 43 nue n. 21 senord, West, a chord distance of 1.75 fax; THENCE with said carve In the right, an.length of 1.75 feet to a point for eenc, THENCE Sown 84 deriev 14 minute 03 seconds Wes, a distance of 111.78 fen m.Point for a ,, THENCE South B4 degrees 16 mines M vecoeds W.I. a di. of 11.34 feet to a point for ataer in the westerly line of said fon 1- I, wid point being in the ..tarly tine of said La 1; THENCE North 24 de®ea 17 minute, 27 senosds fort, with the westerly live ofseid Lot 1-1 and with W easterly line of said la 1, a distarce of 23.10 fat In the POINT OF BEGINNING and coataining 13,103 agars feet ex 0,301 eon oflevd, more or lea. EASEMENT Being a variable wind Irmpaeryr coosvoetine aamand mautgue us with and adjoining the sadhady line of add 20.0' Partitioned watedine aexment, as shown no Plat of Exhibit "A" of this dosvment, said variable Width temporary cormrnetine easenent shell Wire open completion of the wnallne project. (Exhibit "A') Pep 2 of4 Ordinance No. 2497-3-06, Page 17 I NOTE: All bearings and eoordimMm aro refa'mced to the Teas Coo,dimh Syslear, NAD -93, The Nonh Cmtmt Zone, bnod. TaDOY Control Monummn 0,0430026, ORD430038 and OR0430019, with a TaDOT Surfwe Pearn for this projeot of 1.000152710, dirtamee and areas shown arc sudaoo. • SURVEYORS CERTIFICATE" TO ALL PARTIES INTERESTED IN TITLE TO THE PREMISES SURVEYED, 1 1X1 MERSEY CERTIFY THAT TIM ABOVE LEGAL DESCRIPTION WAS PREPARED FROM PUBLIC RECORDS AND FROM AN ACTUAL AND ACCURATE SURVEY UPON THE GROUND AND TEAT SAME IS TRUE AND CORRECT. Compnry Name: Gorrondom & Aswdsles, Iw By. Strrveyorb Name: Richvd Kennedy Rogatered Pmfeaonal Tmd Sm cyor, Texas No. 5527 One of Sov . April 14.2005 1 (Exhibit "A") Page 3 of 4 Ordinance No. 2497-3-06, Page 18 1 1 PLAT OF EXHIBIT "A" IS' SN1 MyR GYI[Ni —}I` C� TAa{E SOl'I Gb[r.0.LSWE IN BLOCK C _ GWE RM6 Wi.i, OSM INtlNG OgRD ALLEN STATION i• PARC `v.a'cc°f R _Y DYW']J q 0.)'Sf Il6M :®.J9 i ALLEN YRUBLOCK ONAL PARK uBwE)My SLLE lu N)S] DO']B',6 21T1101 TJ) D8 1fb M N DIAB q.49 '0 L]D.N SS]]A S b>22 LNb ,. , ,� EXCHANGE PARKWAY IS' SN1 MyR GYI[Ni —}I` R.R2F.i, 7 SOl'I Gb[r.0.LSWE IN BLOCK C ALLEN STATION PARC `v.a'cc°f R i ALLEN YRUBLOCK ONAL PARK uBwE)My SLLE lu LTNE ] '0 CITY OF AL MAD RLLR[ L11; p.1Q AIO L -I f1Y• RLRCGi. IAIr 1 L-1LL-N N S L) m.b 1f P -0D S 730A i - -,D SL Y2A VR L-12 L -ll N f ] 1 L-] DISTRICT ♦EW JSD99 Ordinance No. 2497-3-06, Page 19 «P. V WHOI PROPERTY AHD LOGTON N,P OF EASEMENT