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O-1566-1-98ORDINANCE NO. 1566-1-98 AN ORDINANCE OF THE CITY OF ALLEN. COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE ZONING FROM AGRICULTURE OPEN SPACE (AO) TO RESIDENTIAL3 (R-3) ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 12520 ACRES OF LAND LOCATED IN THE G. W. FORD SURVEY, ABSTRACT NO. 328, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT 'A" LAND USE PIAN AND EXHIBIT -W LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00) 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, as previously amended, should be changed; NOW, THEREFORE, BE IT ORDAINID 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 from Agricultural Open Space (AO) to Residential -3 (R-3) on 12.520 acres of land located in the G. W. Ford Survey, Abstract No. 328, City of Allen, Texas. SECTION 2: The Land Use Plan attached hereto as Exhibit "A" is made a part hereof for a0 purposes and shall be adhered to in its entirety. SECTION 3: The property described in Exhibit "B" attached hereto 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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: 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 ($2,000.00) for each offense. SECTION 6: 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 known the affected parts would be held unconstitutional. E SECTION 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 CITY COUNCILOF THE CITY OF ALIEN, TEXAS, ON THE 15TH DAY OF JANUARY , 1998. APPROVED: Stephen'lerrell, MAYOR APPROVED AS TO FORM: ATTEST: Ordinance No. 1566-1-98 Page 2 U a Uy E =�€U 3 c � 9 S O � s;.Lg6IaH uapy S p 41 T c O N VI L p N Li Rl ¢ U¢ U O Q U a cu N N 6 O i W Q N N L (Y) C C O i I � (U W U7 (L vi ' L N O >+ c f ¢ v o a i M a6o �.aa cu I N N O. cU O A Y I i cd d O La 2Q i {moi _—__- ry a_ _.- d Li cn L R c 6 S aj PQ PQ 7 LEGAL DESCRIPTION BEING, a tract of land situated in the G.W. Ford Survey, Abstract No.328, in the City of Allen, Collin County, Texas, being part of a 10.00 acre tract, as decribed in Volume 726, Page 416, and a tract described in a Deed to R.P. Tod, Volume 1600, Page 721, in the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING, a the southwest comer of the 10.00 acre tract, being in the east line of Heritage Parkway (60' R.O.W.); THENCE, North 00019'00" East, with the west line of the 10.00 acre tract and the east line of Heritage Parkway for a distance of 3.74 feet to the point of curvature of a curve to the right, having a radius of 270.00 feet, a central angle of 21002'22", and a tangent of 50.14 feet; THENCE, along said curve to the right and with continuing with the east line of Heritage Parkway for an arc distance of 99.15 feet (Chord Bearing North 10°50'11" East - 98.59 feet), to the point of reverse curvature of a curve to the left, having a radius of 330.00 feet, a central angle of 21'02'22", and a tangent of 61.28 feet; THENCE, along said curve to the left and continuing with said east fine for an arc distance of 121.18 feet (Chord Bearing North 10'50'11" East - 120.50 feet), to the point of tangency; THENCE, North 00019'00" East, continuing with said east line for a distance of 582.19 feet to the north line of said Tod Tract, said point bears South 89°0140" West, a distance of 7.26 feet from the northwest corner of said Tod Tract; THENCE, North 89001'40" East, departing said east line and with the north fine of said Tod Tract for a distance of 807.74 feet; THENCE, South 29048'05" West, departing the north line of the Tod tract for a distance of 380.00 feet, THENCE, South 00°4925" West, for a distance of 75.00 feet to the south line of said Tod Tract, being the north line of said 10.00 acre tract; THENCE, South 00'19'37* East, departing said lines for a distance of 196.00 feet; THENCE, South 33016'09" East, for a distance of 240.00 feet to the south line of the 10.00 acre tract; THENCE, South 89002100" West, with said south line for a distance of 795.00 feet to the POINT OF BEGINNING and containing 12.520 acres of land. Ordinance No. 1566-1-90 Exhibit "B"