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O-1641-10-98ORDINANCE NO. 1641-10-98 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, BY ESTABLISHING PERMANENT ZONING, TO WIT FLOOD PLAIN -PLANNED DEVELOPMENT NO. 69 (PpPDNO. 69), ON THE FOLLOWING DESCRIBED TRACT OF IAND: 376.745 ACRES IN THE JAMES ROBERTS SURVEY, ABSTRACT NO. 777, CITY OF ALLEN, COL LIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A' LAND USE PLAN, EXHIBIT 'B' AREA AND USE REGULATIONS, AND EXHIBIT 'C" LEGAL DESCRIPTION, PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS (52,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof and in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 1425-5-96 should be changed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT - SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as previously amended, be, and the same is hereby, amended by changing the Zoning Map of the City of Allen to give 376.745 acres of land located in the James Roberts Survey, Abstract No. 777, City of Allen, con County, Texas, the following permanent zoning classification, to -wit: That the area be and the same is hereby zoned as Flood Plain -Planned Development No. 69 (FP -PD No. 69). SECTION 2 The Land Use Plan and Area and Use Regulations attached hereto as Exhibits "A" and "B," respectively, are made a part hereof for all purposes and shall be adhered to in their entirety. SECTION 3: The property described in Exhibit "C" shall be used in the manner and for the purposes provided for as approved herein. SECTION 4: All ordinances of the City of Allen in conflict with the provisions of this ordinance be, and the same are hereby repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 5: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had (mown the affected parts ' would be held unconstitutional. SECTION 6: Any person, firm, or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously amended and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,1100.00) for each offense. ' SECITON 7: 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. DULY PASSED AND APPROVED BY THE C1TY COUNCIL OF THE CM OF ALLEN, TEXAS, ON THE 1ST DAY OF OCTOBER 199& APPROVED: Stephe�l9IAY0 ATTEST: qi OrdinanceNo. 1641-10-98 Page 2 _Tr rte, i i 0 ra aNvrvx tllZ d 0 II -- bO1J3TN o w a 2D1�3TW \ f6l N O O p C) w Z Z siroi3� rLl a a QA 'M -0 '0'L AB 1 J CL � Q y U N �Vl L x \\ 4 NF � z O g a a � 0 ra aNvrvx tllZ d 0 II -- bO1J3TN o w a 2D1�3TW \ f6l N O O p C) w Z Z siroi3� rLl a a QA 'M -0 '0'L AB 1 J CL � Q y U N �Vl L x \\ 4 ' c. Rear Yard: There shall be a rear yard having a depth of not less than fifteen (15) feet. d. Accessory Building Setbacks: the minimum rear and side yard setbacks for accessory buildings shall be three (3) feet. Size of Lot: a. Lot Area: No building shall be constructed on any lot of less than seven thousand, five hundred (7,500) square feet. b. Lot Width: The width of any lot, other than cul-de-sac lots, shall not be less than sixty-five (65) feet at the front street building line. c. Lot Depth: The depth of any lot, other than cul-de-sac lots, shall not be less than one hundred and ten (110) feet, except that a comer lot may have a depth of not less than one hundred (100) feet. d. Cul -de -Sac Lots: Lots on cul-de-sacs may vary in width and depth, but in not event shall be less than required in b.(1) above. e. Minimum Dwelling Size: The minimum Floor area of any dwelling shall be fourteen hundred (1400) square feet, exclusive of garages, breezeways, and porches. Lot Coverage: In no case shall more than forty (40) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. SF -3 SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS 1. PURPOSE: This district is to be composed of single-family, detached dwellings, on lots of not less than six thousand (6,000) square feet, together with the allowed incidental and accessory uses. 2. USE REGULATIONS: A building or premises shall be used only for the following purposes: a. Single family detached units and accessory uses customarily incidental to this use. b. Parks and related uses. c. Churches and related uses as permitted by Speck Use Permit. d. Sales Offices and Model Homes as temporary uses. 3. HEIGHT REGULATIONS: No building shall exceed thirty-five (35) feet or two and one half (254) stories in height whichever is higher. 98222801.R02 Ordinance No. 1641-10-98 4. AREA REGULATIONS: Size of Yards: a. Front Yard: There shall be a front year having a depth of not less than twenty (20) feet. b. Side Yard: There shall be a side yard on each side of the lot having a width of not less than five (5) feet. A side yard adjacent to a side street shall not be less than ten (10) feet. c. Rear Yard: There shall be a rear yard having a depth of not less than fifteen (15) feet. d. Accessory Building Setbacks: the minimum rear and side yard setbacks for accessory buildings shall be three (3) feet. Size of Lot: a. Lot Area: No building shall be constructed on any lot of less than six thousand (6,000) square feet. b. Lot Width: The width of any lot, other than cul-de-sac lots, shall not be ' less than fifty-five (55) feet at the front street building line. C. Lot Depth: The depth of any lot, other than cul-de-sac lots, shall not be less than one hundred(100) feet. d. Cul -de -Sac Lots: Lots on cul-de-sacs may vary in width and depth, but in not event shall be less than required in b.(1) above. 5. Minimum Dwelling Size: The minimum floor area of any dwelling shall be twelve hundred (1,200) square feet, exclusive of garages, breezeways, and porches. 6. Lot Coverage: In no case shall more than fifty-five (55) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. 98222801.R02 Ordinance No. 1641-10-98 ' (2) Lot Width: The width of any lot, other than cul-de-sac lots, shall not be less than seventy (70) feet at the front street building line. (3) Lot Depth: The depth of any lot, other than cul-de-sac lots, shall not be less than one hundred and ten (110) feet, except that a comer lot may have a depth of not less than one hundred (100) feet. (4) Cul -de -Sac Lots: Lots on cul-de-sacs may vary in width and depth, but in not event shall be less than required in b.(1) above. c. Minimum Dwelling Size: The minimum floor area of any dwelling shall be sixteen hundred (1600) square feet, exclusive of garages, breezeways, and porches. d. Lot Coverage: In no case shall more than forty (40) percent of the total lot area be covered by the combined area of the main buildings and accessory buildings. SF -2 SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS 1. PURPOSE: This district is to be composed of single-family, detached dwellings, on ' lots of not less than seven thousand, five hundred (7,500) square feet, together with the allowed incidental and accessory uses. 2. USE REGULATIONS: A building or premises shall be used only for the following purposes: a. Single family detached units and accessory uses customarily incidental to this use. b. Parks and related uses. C. Churches and related uses as permitted by Specific Use Permit. d. Sales Offices and Model Homes as temporary uses. 3. HEIGHT REGULATION: No building shall exceed thirty-five (35) feet or two and one half (2'k) stories in height whichever is higher. 4. AREA REGULATIONS: Size of Yards: a. Front Yard: There shall be a front year having a depth of not less than twenty-five (25) feet. ' b. Side Yard: There shall be a side yard on each side of the lot having a width of not less than six and one half (6%) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. I A.II: t 98222801.R02 Ordinance No. 1641-10-98 16. Common Areas: Common areas shall be maintained by a Homeowner's Association ' with appropriate covenants, conditions and restrictions assuring such maintenance to be submitted to the City prior to plat approval. B. DISTRICT REGULATIONS SF -1 SINGLE-FAMILY RESIDENTIAL DISTRICT REGULATIONS 1. PURPOSE: This district is to be composed of single-family, detached dwellings, on lots of not less than nine thousand (9,000) square feet, together with the allowed incidental and accessory uses. 2. USE REGULATIONS: A building or premises shall be used only for the following purposes: a. Single family detached units and accessory uses customarily incidental to this use. b. Parks and related uses. c Churches and related uses as permitted by Specific Use Perk. d. Sales Offices and Model Homes as temporary uses. ' 3. HEIGHT REGULATIONS: No building shall exceed thirty-five (35) feet or two and one half (2'h) stories in height whichever is higher. 4. AREA REGULATIONS: a. Size of Yards: b. Front Yard: There shall be a front yard having a depth of not less than twenty-five (25) feet. c. Side Yard: There shall be a side yard on each side of the lot having a width of not less than seven (7) feet. A side yard adjacent to a side street shall not be less than fifteen (15) feet. d. Rear Yard: There shall be a rear yard having a depth of not less than fifteen (15)feet. e. Accessory Building Setbacks: The minimum rear and side yard setbacks for accessory buildings shall be three (3) feet. f. Size of Lot: (1) Lot Area: No building shall be constructed on any lot of less than nine thousand (9,000) square feet. EXHIBIT B 98222801.R02 Ordinance No. 1641-10-98 6. Shopping Center: As stated in Ordinance 1425-5-96, a minimum of 8.5 net acres must be reserved for a shopping center use. This 8.5 acres will be net of right -or - way and generally located at the southwest corner of Stacey Road and Malone Road. 7. Screening and Landscaping: It is the intent of the Developer to utilize a soft, natural design approach to screening the edges of the residential areas, such as earthen berms with landscaping, in order to minimize the use of walls and fences. However, where more traditional fencing is necessary due to lotting patterns, City standards will be met. 8. No wood fences shall be allowed along Stacy, Malone, Exchange, or Allen Heights. The perimeter along such streets shall include a 3' berm, masonry screening wall or combination thereof. 9. Along the eastern property boundary of Buckingham Estates where the realigned Allen Heights Road will be adjacent to those existing homeowners, a natural buffer will be created. A fifteen (15) foot landscape buffer will be provided between Buckingham estates and the roadway to allow A minimum 25' wide area with minimum three (3) foot high earthen berms and shrub material that will mature to a minimum height of eight (8) feet. The sidewalk for this portion of Allen Heights Drive will meander throughout the landscaping buffer. It will be to the discretion of a landscape architect to specify the appropriate shrub material that will achieve the desired "visual screening" with a minimum installation height of three (3) feet. 10. In all circumstances, screening and landscaping will be in accordance with the City of Allen ordinances. 11. Cul-de-sac length: The length of cul-de-sacs may exceed 600 feet provided that the Fire Marshall has determined that emergency access is available to all units to be served by the cul-de-sac. In no case shall a cul-de-sacs length exceed 800 feet. 12. Sales Offices and Models: Developer or Builder shall have the right to designate a lot or lots for the construction of a temporary or permanent sales officals), information center(s), or model home(s) for the express purpose of selling homes. 13. Masonry Requirements: All main residential buildings shall have exterior construction of a minimum of 75% brick, tiles, cement, concrete, stone or similar materials. 14. Facilities Agreement: A Facilities Agreement, which includes provisions for perimeter improvements, will be completed prior to the filing of the first final plat for this development. 15. Open Space: Open Space will be provided in accordance with the City of Allen Planned Development Zoning Ordinance. tel 98222801.R02 Ordinance No. 1641-10-98 PARKLAND HEIGHTS PLANNED DEVELOPMENT 376.464 ACRES Allen, Texas (10/7/98) 1. GENERAL REGULATIONS Single Family Unit Totals: There shall be a maximum of 1,257 single family detached units within this 376 acre planned development. Lot and unit sizes and development regulations shall be in accordance with the single family, SF -1, SF -2, and SF -3 Districts ("District') as set forth in this ordinance. The spec distribution, density and location of the various lot, house and product types and sizes shall be determined by the Developer or Builder at the time of platting. However, the average lot size for the entire project must be a minimum of 7,500 sf. As part of each plat submission, the Developer or Builder shall submit an accounting of the number of lots previously and currently being platted. The Builder or Developer will also calculate the total number of units, if any, which the Developer or Builder did not construct in previous phases which could be developed in future phases. 2. The total number of lots will be reduced by a factor of 3.6 times the number of gross acres conveyed, sold or dedicated for any public school site. 3. SF -1 single family district regulations shall apply to lots located (i) west of the new Allen Heights Road as shown on the zoning exhibit; (ii) between Allen Heights Road as shown on the zoning exhibit and the creek located in the northwest corner of the property (and generally north of the east -west collector road as shown on the zoning exhibit), and (iii) south of and within 400 feet of the east -west collector road as shown on the zoning exhibit and east of and within 1300 feet of the new Allen Heights Road as shown on the zoning exhibit 4. SF -3 single family district lots shall be grouped into at least three different areas, each of which will be separated from other SF -3 areas by (i) collector roads; (ii) SF -1 or SF -2 lots; (iii) green belt; (iv) park site; (v) school site; (vi) open space; (vii) amenity center; (viii) flood plain; or (ix) any other non SF -3 lot. 5. Special Amenities: This planned development will incorporate several amenities and aesthetic improvements, such as, but not limited to; landscaping, berming, and irrigation systems and entry features. A potential school site has been proposed within this planned development to meet the needs of City's school district. Should the school not be needed, the potential site will be developed with homes. However, the maximum units allowed for this planned development will not exceed 1,257 dwelling units also included in this planned development is a park site with a minimum area of 20.4 acres inclusive of the flood plain area to be developed at the discretion of the City. 98222801.R02 Ordinance No. 1641-10-98 FIELD NOTES 376.746 ACRES BEING A 376.746 ACRE TRAC1 OF LAND SITUATED IN THE J. ROBERTS SURVEY, ABSTRACT NO. 777. CITY OF ALLEN. COLLIN COUNTY, TEXAS, AND BEING ALL OF A CALLED 376.464 'ACRE TRACT OF LAND, CONVEYED TO MALONE ROAD (DALLAS) INVESTORS, L.P., BY DEED RECORDED IN COUNTY CLERKS FILE NO. (CCO) 94-0041166. LAND RECORDS. COLLIN COUNTY, TEXAS. SAID 376.746 ACRE TRACT. WITH BEARING BASIS BEING THE NORTHEASTERLY EAST BOUNDARY LINE OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT. AND BEING MORE PARTICULARLY DESCRIBED BY METES AND BOUNDS AS FOLLOWS: BEGINNING AT A PK NAIL WITH SHINER SET FOR CORNER AT THE INTERSECTION OF THE CALLED CENTERLINE OF MALONE ROAD WITH THE SOUTH RIGHT-OF-WAY LINE OF STACY ROAD (F.M. NO. 2768, A 120' RIGHT-OF-WAY) AS DESCRIBED IN DEED TO THE STATE OF TEXAS, RECORDED IN VOLUME 1137, PAGE 863, LAND RECORDS, COLLIN COUNTY, TEXAS, SAID POINT BEING THE NORTHEAST CORNER OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT, FROM WHICH A 5/8' IRON ROD FOUND AT THE NORTHWEST CORNER OF A 57.703 ACRE TRACT OF LAND CONVEYED TO STACY ROAD JOINT VENTURE BY DEED RECORDED IN (CC$) 96-0050243, LAND RECORDS, COLLIN COUNTY, TEXAS, BEARS NORTH 89 DEGREES 35 MINUTES 23 SECONDS EAST A DISTANCE OF 28.44 FEET AND A FOUND 5/8" IRON ROD BENT OVER IN PAVEMENT BEARS SOUTH 08 DEGREES 24 MINUTES 59 SECONDS EAST A DISTANCE OF 1.85 FEET; THENCE. SOUTH 00 DEGREES 21 MINUTES 58 SECONDS EAST. (REFERENCE BEARING) WITH THE CALLED CENTERLINE OF MALONE ROAD AND ALONG THE EAST BOUNDARY LINE OF SAID MALONE ROAD (DALLAS) INVESTORS. L.P. TRACT, A DISTANCE OF 2544.07 FEET TO A PK NAIL WITH SHINER SET FOR CORNER FROM WHICH A 5/8' IRON ROD FOUND AT THE SOUTHWEST CORNER OF SAID STACY ROAD JOINT VENTURE TRACT BEARS SOUTH IB DEGREES 18 MINUTES 16 SECONDS EAST A DISTANCE OF 78.78 FEET: THENCE. SOUTH 00 DEGREES 00 MINUTES 00 SECONDS EAST, CONTINUING WITH THE CALLED CENTERLINE OF MALONE ROAD AND ALONG THE SAID EAST BOUNDARY LINE OF MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT, A DISTANCE OF 2662.60 FEET TO A PK NAIL WITH SHINER SET FOR CORNER AT THE SOUTHEAST CORNER OF MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT AND BEING IN THE NORTH LINE OF EXCHANGE ROAD (A 50' RIGHT-OF-WAY) ACCORDING TO THE PLAT OF R.O.W DEDICATION, RECORDED IN CABINET H. PAGE 183. MAP RECORDS. COLLIN COUNTY. TEXAS, FROM SAID CORNER A BRASS J_MONUMENT FOUND IN CONCRETE PAVEMENT BEARS SOUTH 14 DEGREES 41 MINUTES 21 ECONDS EAST A DISTANCE OF 25.03 FEET; THENCE, SOUTH 89 DEGREES 18 MINUTES 14 SECONDS WEST, ALONG THE SAID NORTH LINE OF EXCHANGE ROAD AS SHOWN ON THE FOLLOWING PLATS RESPECTIVELY: SAID R.O.W. DEDICATION PLAT; REPLAT OF OAK RIDGE, RECORDED IN CABINET F. PAGE 437; AND COUNTRY MEADOW PHASE 3, RECORDED IN CABINET H. PAGE 538, MAP RECORDS Of COLON COUNTY, TEXAS, AND BEING 1 FOOT NORTH AND PARALLEL TO THE NORTH LINE OF COUNTRY MEADOW PHASE ONE, RECORDED IN CABINET D. PAGE 22, MAP RECORDS, COLLIN COUNTY. TEXAS. A TOTAL DISTANCE OF 2864.50 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED 'CARTER A BURGESS" SET FOR THE SOUTHEAST CORNER Of SAID "ALONE ROAD (DALLAS) INVESTORS, L.P. TRACT; THENCE, NORTH 00 DEGREES 25 MINUTES 07 SECONDS WEST, ALONG THE WEST LINE OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT PASSING AT 5.95 FEET THE SOUTHEAST CORNER OF A 1.00 ACRE TRACT OF LAND CONVEYED TO DAVID R. WORTNAM AND WIFE, RECORDED IN VOLUME 3787, PAGE 164, LAND RECORDS, COLLIN COUNTY, TEXAS. PASSING A 1 1/1- IRON ROD FOUND AT THE NORTHEAST CORNER OF SAID 1 ACRE TRACT AT 305.95 FEET. PASSING A I" IRON PIPE FOUND AT THE SOUTHEAST CORNER OF A 10.7696 ACRE TRACT OF LAND CONVEYED TO DONALD HODGES. RECORDED IN VOLUME 1683, PAGE 859. LAND RECORDS, COLLIN COUNTY, TEXAS AT 306.62 FEET. PASSING A 1-1/2' IRON ROD FOUND FOR THE NORTHEAST CORNER OF SAID HODGES TRACT AT 1558.68 FEET AND CONTINUING A TOTAL DISTANCE OF 1559.77 FEET TO A 5/8" IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER @ BURGESS" SET FOR CORNER, SAID POINT BEING THE SOUTHWEST INTERIOR ELL CORNER OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT; THENCE. SOUTH 89 DEGREES 09 MINUTES 49 SECONDS WEST, ALONG THE SOUTH LINE OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT AND WITH THE GENERAL DIRECTION OF A BARBED WIRE FENCE, PASSING A 1 1/2" IRON ROD FOUND FOR 714E NORTHWEST 'CORNER OF SAID HODGES TRACT AT 375.19 FEET AND CONTINUING IN ALL A TOTAL DISTANCE OF 560.40 FEET TO A 1/2" IRON ROD FOUND FOR CORNER, SAID POINT BEING HE MOST SOUTHWESTERLY ELL CORNER OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P. RACT AND THE SOUTHEAST CORNER OF A 71.015 ACRE TRACT OF LAND CONVEYED TO AVID A. WITTS, RECORDED IN VOLUME 617, PAGE 508, LAND RECORDS, COLLIN COUNTY, TEXAS AND ALSO BEING THE SOUTHEAST CORNER OF BUCKINGHAM POLO ESTATES AN UNRECORDED SUBDIVISION: 1.11: Ordinance No. 1641-10-98 THENCE. NORTH GO DEGREES 35 MINUTES 14 SECONDS WEST, ALONG THE COMMON BOUNDARY LINE OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT, SAID DAVID A. WITTS TRACT, AND SAID BUCKINGHAM POLO ESTATES AND WITH THE GE NEflAL DIRECTION OF A BARBED WIRE PENCE. PASSING A 1/Y IRON PIPE FOUND FOR THE SOUTHEAST CORNER OF A TRACT OF LAND CONVEYED TO SANDRA JORGE RECORDED B6[[�� CCN98-0059760 L.R.C.C.T.. AT 125.1. FEET, PASSING A i IRON ROD FOUND AT THE ■OMMON CORNER OF SAID JORGE TRACT AND A TRACT OF LAND CONVEYED TO STEVEN RRUDER A WIFE RECORDED IN CCP93-0092556. L.R.C.C.T. AT 437,52 FEET, PASSING 'I I" IRON ROO FOUND AT THE COMMON CORNER OF SAID RUDER TRACT AND A TRACT OF LAND CONVEYED TO MICHAEL PERKINS AND WIFE RECORDED IN CCy91-0114.29, L.4.C.C.T. AT 690.86 FEET, AND CONTINUING IN ALL A TOTAL DISTANCE OF 1215.70 FEET TO A POINT IN A 24" DIAMETER ROTS 0' ARC TREE USED FOR FENCE CORNER, SAID POINT BEING THE NORTHERLY INTERIOR ELL CORNER OF SAID MALONE ROAD (DALLAS) INVESTORS INVESTORS. L.P. TRACT AND THE NORTHEAST CORNER OF SAID DAVID A. WITTS TRACT, FROM SAID CORNER A V IRON PIPE FOUND FOR THE NORTHEAST CORNER OF A TRACT OF LAND CONVEYED TO RICKEY ALLEN AND WIFE RECORDED IN VOLUME 3226, PAGE 679. LA.C.C.T. BEARS SOUTH 76 DEGREES 41 MINUTES IS SECONDS EAST q DISTANCE OF 1.12 FEET; THENCE, NORTH 89 DEGREES 12 MINUTES OB SECONDS WEST, ALONG THE SOUTH LINE OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT AND WITH THE GENERAL DIRECTION OF A BARBED WIRE FENCE, PASSING A 1/2" IRON ROD FOUND AT THE BASE OF SAID 8015 D' ARC TREE AT 0.92 FEET AND CONTINUING IN ALL A TOTAL DISTANCE OF 536.48 FEET TO A 1' IRON PIPE FOR CORNER, SAID POINT BEING THE MOST WESTERLY SOUTHWEST CORNER OF 5A10 MALONE ROAD (DALLAS) INVESTORS. L.P. TRACT, THE NORTH WEST CORNER OF SAID ALLEN TRACT AND BEING 1N THE EAST LINE OF A 1/8.614 TRACT OF LAND CONVEYED TO MASSIE HUNT, INC RECORDED IN VOLUME 966, PAGE 462, LAND RECORDS. COLLIN COUNTY. TEXAS. FROM SAID CORNER A 1" IRON ROD FOUND FOR THE NORTH CORNER OF SAID DAVID A. WITTS TRACT BEARS SOUTH 7 DEGREES t2 MINUTES 36 SECONDS EAST A DISTANCE OF 0.65 FEET AND A 1/2' IRON ROD FOUND BEARS NORTH 82 DEGREES 50 MINUTES 20 SECONDS EAST A DISTANCE OF 0.56 FEET; THENCE, NORTH 00 DEGREES 34 MINUTES 14 SECONDS WEST, ALONG THE COMMON BOUNDARY LINE OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P, TRACT AND SAID MASSIE HUNT. INC. TRACT AND WITH THE GENERAL DIRECTION OF A BARBED WIRE FENCE. A DISTANCE OF 697.68 FEET TO A I/2" IRON ROD FOUND AT THE NORTHWEST SIDE OF A WOODEN FENCE POST FOR THE MOST WESTERLY CORNER OF SAID MALONE ROAD (DALLAS) NVESTORS. L.P. TRACT AND THE SOUTHEASTERLY INTERIOR ELL CORNER OF SAID MASSIE HUNT. INC. TRACT; 'yENCE, SOUTH 89 DEGREES 49 MINUTES 23 SECONDS EAST, CONTINUING ALONG THE 1 MMON BOUNDARY LINE OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT AND 0 MASSIE HUNT, INC. TRACT AND WITH THE GENERAL DIRECTION OF A BARBED WIRE IDE COF AOWOODEN FENCEISTANCE Of 2 POST FOR THEANORTHWEST O2- IRONaERIORUELL CORNER 01 'ME SOF Sa DSi 4ALONE ROAD (DALLAS) INVESTORS. L.P. TRACT AND THE EASTERLY SOUTHEAST CORNER DF SAID MASSIE HUNT, INC. TRACT; THENCE, NORTH 00 DEGREES 04 MINUTES 52 SECONDS WEST, CONTINUING ALONG THE 'OMMON BOUNDARY LINE OF SAID MALONE ROAD (DALLAS) INVESTORS, LP. TRACT AND SAID MASSIE HUNT, INC. TRACT AND WITH THE GENERAL DIRECTION OF A BARBED WIRE -ENCE, A DISTANCE OF 1565.43 FEET TO A 5/B' IRON ROD WITH YELLOW PLASTIC CAP STAMPED "CARTER h BURGESS' SET FOR CORNER IN THE SOUTH LINE OF AFORESAID STACY TOAD RIGHT-OF-WAY, SAID POINT BEING THE NORTHWEST CORNER OF SAID MALONE ROAD 'GALLAS) INVESTORS. L.P. TRACT AND BEING THE SOUTHWEST CORNER OF AFORESAID STATE OF TERAS TRACT , THENCE, NORTH 89 DEGREES 00 MINUTES 28 SECONDS EAST. ALONG THE NORTH LINE OF "AID MALONE ROAD (DALLAS) INVESTORS. L.P. TRACT AND SAID SOUTH RIGHT-OF-WAY. A DISTANCE OF 359.72 FEET TO A CONCRETE HIGHWAY MONUMENT FOUND FOR CORNER -ROM WHICH A 1/2' IRON ROD WITH YELLOW PLASTIC CAP STAMPED "JANUARYBEARS SOUTH 17 DEGREES 02 MINUTES 50 SECONDS EAST A DISTANCE OF 2.16 FEET, SAID MNT BEING THE BEGINNING OF A TANGENT CURVE TO THE RWHY HAVING A CENTRAL ANGLE OF 0'59'4r. A RADIUS OF 5669.59 FEET, AND A LONG CHORD THAT BEARS 40RTX 89 DEGREES 30 MINUTES 21 SECONDS EAST A DISTANCE OF 95.60 FEET; IHENCE. ALONG SAID TANGENT CURVE TO THE RIGHT, SAID NORTH LINE OF SAID MALONE COAD (DALLAS) INVESTORS. L.P. TRACT AND SAID SOUTH RIGHT-OF-WAY, AN ARC HSTANCE OF 98.50 FEET TO A 5/8' IRON ROD WITH YELLOW PLASTIC CAP STAMPED CARTER h BURGESS' SET FOR CORNER, FROM WHICH A 1/2' IRON ROD WITH YELLOW 'LASTIC CAP STAMPED "JANUARY' BEARS SOUTH 16 DEGREES 41 MINUTES 31 SECONDS :AST A DISTANCE of 2.10 FECT: IHENCE. SOUTH 89 DEGREES 59 MINUTES 45 SECONDS EAST, CONTINUING ALONG THE IORTH LINE OF SAID MALONE ROAD (DALLAS) INVESTORS, L.P. TRACT AND SAID SOUTH "HT -OF -WAY, ♦ 015TANCF OF 1584.57 FEET TO A 5/6' IRON ROD WITH YELLOW STIC LAP STAMPED "CARTER h BURGESS" SET FOR CORNER FROM WHICH A FOUND NCRETE HIGHWAY MONUMENT BEARS NORTH 45 DEGREES 28 MINUTES 55 SECONDS WEST (STANCE Of 0.6) FEET: NCE, NORTH 69 DEGREES 44 u1NUTE5 19 SECONDS EAST, CONTINUING ALONG THE TIGHT -OF -WAY, A DISTANCE OF 615.28 FEET TO THE POINT OF BEGINNING AND ;ONTAINING 376.745 ACRES OF LAND, MORE OR LESS. OrdinanceHNNo 1691-10-98