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O-694-4-86( m f ORDINANCE NO.6 9 4- 4- 8 6 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF ALLEN, AS HERETOFORE AMENDED, SO AS TO ESTABLISH PERMANENT ZONING, TO -WIT: "FP - LI" FLOOD PLAIN - LIGHT INDUSTRIAL, ON THE FOLLOWING DESCRIBED TRACT OF LAND: APPROXIMATELY 83.1830 ACRES OF LAND IN THE MCBANE JAMISON SURVEY, ABSTRACT NO. 491, THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, AND THE JEREMIAH MUNCY SURVEY, ABSTRACT NO. 621, SITUATED IN COLLIN COUNTY, TEXAS, AND BEING LOCATED WEST OF STATE HIGHWAY 5, NORTH OF ROWLETT CREEK, SOUTH OF TEXET DRIVE AND EAST OF THE SOUTHERN PACIFIC RAILROAD TRACKS; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF ONE THOUSAND DOLLARS ($1,000.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. 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 a 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 the Comprehensive Zoning Ordinance should be amended: NOW THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE THE CITY OF ALLEN, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Allen, Texas, as heretofore amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 83.1830 acre tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes to give the following described tract of land the following zoning classification, to -wit: That the area be and the same is hereby zoned as "FP -LI" Flood Plain - Light Industrial. Ordinance No. 6 9 4- 4- 8 6 - Page 1 SECTION 2. That 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. That the property described in Exhibit "A" attached hereto shall be used in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance of the City of Allen, as heretofore amended, and as amended herein by the granting of this zoning classification. SECTION 4. That 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 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. SECTION 5. That 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. SECTION 6. That 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 COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 17th DAY OF April 1986. Ordinance No. 694-4-86 - Page 2 APPROVED: Donald P. Roden augh, Mayor ATTEST: Marty Hendrix, CitA Secretary APPROVED AS TO FORM: A. Don Crowder, City Attorney Ordinance No. 6 9 4- 4- 8 6 _ Page 3 I � � " � - ., •• is •r y �1• ' , - .. s Saw 541.00 J7'h rt/ t ELEV 585.00 - .v:== rod !46GP Of ew"ow,'4 , 1 Sq5 Qr7dvrG � , M �O � r . J',`.,h;.: • h':..• i� -'„ :' .. j • ELEV 593.00 "MCC FAV_ f et' hA IsE1EV 596.00 Ar��uI.511..1, 1 •• •f - T fftLIFY 592.00 .�1.,m JrAID 19 lox tELEV 58100' 9�i"^-Atj a Sit ,.fh - �/� NSG•£??7•W. ,?41. /O rFN1/P:. ,art �r I+�r 5• j h Iti N " _ :, , - • ? j 9- 7 ELEV. 577.o0 AV •- � - - ,', 1 .l � •,[ I' it ..t ' , - 100 YEAR ROOD PIAW FLEVArkosJS - • . - , . , :. - • - N - • • '•`' - - fi • •:'. i_ •'.rat• • . �• -ryTAL (ACRi[S) FiOMWJAY(A"ES) 34-.5460 ACRS Ri4Mrdue - 44. i.37o a I I. 4013001 PROP?*" DESCRIPTION TRACT I SLING s tract of lend In the Nc".ne Jaml.on Survey, Ah,11-1 N . 491, the T.C. Gnn.dy 6urvey, AhOtrACt Mo. 500 and IN J.remlah sn,ney Garvey, Ahatract Ro. 631. 'BI Cue ted In Coll In cnenty, Tena, and .I'. be n.. cart ofthat certain 38.15 acre tract .nn that certain 42.95 a-- ­r,toavey.a to N. -I..n L Co, by need. recorded 11 value, 5211, ►e.. 403 .nA volume 520, Pase 139, r..r-ctil-ly, of the need Record. of Collin rnanty, Tau B, - ared hltne, .ore p.rticolarly described a. foll-r ' BEGINNING at an Iran rat at the ei-the.st earner of a.lA 3R,1. acre tract. .Bid point helm Lh. Intersection of a fence line rueent"m ra-t-Nest rith theG. t.rly right -of -ray line of the T. L N.O. 6.111-A sight -of -..y (50.0 feet from the centerline) (formerly owned by the le. t, T.C. Railroader 1 , TNENCf South 86.33'.5' rent .long the s-n-ral line of a" Md r-nr- an the North line of the 3..101 acre tract. 1555.51 fret to an Iron rod on the Westerly rl9ht-Of-ray111, Of State 111.h-, Nn. S (foreerly U.S. Ni.hwey No. 7S) (100.0 feet el A.), TNInNCE along Bald westerly right-of-way line of state Hi.hray No. S as fall-.: South 32.00' ..at. 3059.75 feet to an iron rod: North SO -On' we Pt, 69 10 feet to • vnnA.n hlahr.y-arker: • South 37.00' We.,. 935.711 feet - the Centerline r1 arvl-tt Creek. THENCr 010"9 BATA renterline of P -lett Cr --k as /niloem South 52.11' vest, 112.017 feet- North 73.3"'36• N.•t, 1511.22 feet) ' North 40.24' West. 126-P feet: North 17.711.20' East. 311.3 feet, ' North 5.53'15' Feet, 400.45 feet: North 11.10' rest, 171.7 feet: oa /th 'It .06'21'Ment. 196..3 feet to a rolnt on the E..terly right -O/-ray 11.. of the T. L N.O. Railroad tight-nf-way, Paid point been. on 0 CNrve to the left having a tanoent head", of North 28•11'31• Gat at this point, TNtNC[ Northeasterly alobei Paid Easterly right-of-wy line of the T. i W. 0. Railroad Wight -of -Way, 8111, said curve to the left havina .6 entral .n,l. of 7.511.31', o call.. of 5779.65 feet and B tangent of 402.91feet. An arc distance of /04.55 feet to an Iron rode , ' THENCE North 20.43• Cast, continuing alone, the Easterly rl9ht-of-ray Ilse of the T. L N.O. Poltroon Pight-of-way. '1140.31 toot to the ►LACY Or BEGINNING. 0M cont.leelh. 53.1530 acres ay land. TNALT 2 •• • BEING B tract of land In the NcSane Joi.en Survey, Abstract Ne. 191, ' .l tested in Collin county. Tau, and Ming that .- Prorerty cen•eyed to N. rwl.en L Co. by deeds recorded In volume 623• Page 51S, Volume 632, leq. 515 .ad vola". 747. Page 411 of the Dead Records of Collin county• 7..... Aad being Per. particularly d ... Ilbed .. fall-.: - 21EIWPTMG at Bn iron red found at the Southwest corn -r of that certain 3.0 4er* tract deter thea fn the •hove deed recorded in Volume 747, Pew 411, ' said print Ming on the EBBt-ly 119let-ef-ray line of Slate Nt4hray Number 5 (100.0 feet ride), and amid point 61.0 heing 11.6.6 feet, eanr- or less. Northeasterly from the ..ht.rlln. of Chaparral Anode TWENCE North 32.00' East •long said E... erly right -of -ray It.. of Sate ' 819hr.y Na• 5. 1501.7 feet 10 Ba Iron red found, THENCE South 2.29.09' West •len, B tree r-, 595.7 feet to an Iron red found. TWENC[ South 2.10`10' West along a fence. 119.43 foot to an Iron red found at the Seuth.ut corner of the 3.0 ser. tract, ' THENCE North 5652'27' West •lone, a fens. on the South line of .std 3.0 ser. tr." , 742.1 feet to the PLACE Or sEGINNING. and conteeinin. 11.1753 .9cr.s of land. Thee plat hereon I. 0 true, gorreet and accurate repro entateon of the, property so detgraLn.e bysurvey, ouh)ect to any .nA •11 a watt, r v0tlen. Bad restri etlon. throe 11.y he Of !.card, the ]ln.s 0nA Almena an.eofru Id property ' MIq me Indicated by the plat. There are no .recroachmre,s, confect. or Prot-eilon.. I ' Date Nl •heel fuwai nga Ree,)ate[.d 1.hl.c Surveyor 441S46 UPDATED- 4 • 14.84 T. SIS..,. Aeva ' 04' Flamed Plal.. t • 1• It •enn r0 .Pt Oa,( V,-- Y:5 N,0,4jen Co. MUNTEUNTER RATE C O N L e , N i w 0 I N .et. a. eu.nm AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less .fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing Public Notice - Ordinance #694-4-86 of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on Apri127 and 30, 1986 and which was issued on 4-30-86 by City of Allen of Collin County, Texas. A printed copy of said publication is t ched h e(too SUBSCRIBED AND SWORN to before me this Publisher's Fee $ 48.00 O�reQC� OX a.yb Q¢„Y PUBLIC NOTICE 10Notice is hereby given that the following or- dinance was adopted by the Allen City CouAcil in their regular session held on. Thursday, April 17, 1986 (Title and Penal- ty Clause only): Ordinance No. 694.4.86: An Ordinance of the City of Allen, Col- lin County, Texas, Amen- ding the Comprehensive Zoning Ordinance of the City 'of Allen, as Heretofore Amended, so as to Establish Perma- nent Zoning, To -Wit: "FP -LI" Flood Plain - Light Intlustrial, on' the Following Described Tract of Land:, Approx- imately 83.1836 Acres of Land in the McBane Jamison Survey, i 'G 'bstract No. 491, the T. G. Kennedy Survey, Abstract No. 500, and the eremiah Muncy Survey, Abstract No. 621, Situated in ,Collin Coun- ty, Texas, and Being Located West of State Highway 5, North of Rowlett Creek, South of Texet Drive and East of the Southern Pacific Railroad Tracks; Pro- viding for a Penalty of Fine Not to Exceed the Sum of One Thousand Dollars ($i,0000) for Each Offense; Providing for a Severability Clause; and Providing for an Ef- fective Date.' That any person, firm or corporation violating any of the provisions or terms of this ordinance" same peantly as, provid- ed for in Comprehensive Zoning Ordinance of the City of 'Allen, as previously amended, and upon conviction shall be punished bya fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each of- fense.. A copy of this or- dinance may be read or purchased in the office of the City Secretary, Allen Municipal Annex, One Butler Circle, Allen, Texas. Marty Hendrix City Secretary (Published In the Allen American on Sunday, April 27, 1986 and - Wednesday, April 30, 1986.1 19thMay , A.D. 19 86 Notary Pub in and for Collin County, Texas A. y of PUBLIC NOTICE Notice is hereby given that the, -.following or- dinance was adopted by the Allen City Council in their regular session held on Thursday, April 17, 1986 (Title and Penal-, ty Clause only): Ordinance No. 694.4-86: An Ordinance of the City of Allen, Col- lin County, Texas, Amen- ding the Comprehensive Zoning Ordinance of the City of Allen, as Heretofore Amended, so as to Establish Perma= nent -Zoning; .-To-Wit: "FP -LI" Flood Plain - Light. industrial, on the Following Described Tract of Land: Approx- imately 83.1830 Acres of Land in the McBane Jamison Survey, Abstract No. 491, the T. G. Kennedy Survey, Abstract No. 500, an`d the Jeremiah Muncy Survey, Abstract No. 621, Situated in Collin Coun- ty,' Texas, and Being Located West of State Highway 5, _North of Rowlett Creek, South of Texet Drive and East of the Southern Pacific Railroad _Tracks; Pro- viding for a Penalty of Fine Not to Exceed the Dollars ($1,000.00) for Each Offense; Providing Ifor a Severability Clause; and Providing for an Ef- fective Date. That any person, firm or corporation 'violating zany of the provisions or terms of this ordinance shall be subject to the same peantly as provid- ed for in Comprehensive Zoning Ordinance of the City, of Allen, as previously amended, and upon conviction shall be punished bya fine not to exceed the sum of One Thousand Dollars' ($1;000.00) for each of! fense. ' A copy of this or- dirianc'e •may be read or purchased in the office of the City Secretary, Allen Municipal Annex, One Butler Circle, Allen,1 Marty Hendr City Secretai (Published in the Alle American on Sunda April 27, 1986 an Wednesday, April 31 1986.) '