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Home My WebLink AboutO-1923-2-01ORDINANCE NO. 1923-2-01 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COIJ COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FOR TRACT I CONTAINING 112.96 ACRES OF LAND OUT OF THE THOMAS PHILLIPS SURVEY, ABSTRACT NO. 717 AND THE JAMES W. PARSONS SURVEY, ABSTRACT NO. 705 FROM "AO" — AGRICULTUREIOPEN SPACE TO "CC" — CORRIDOR COMMERCIAL AND BY GRANTING A CHANGE IN ZONING FOR TRACT 2 CONTAINING 33.51 ACRES OF LAND OUT OF THE THOMAS PHILLIPS SURVEY, ABSTRACT NO. 717 AND THE JAMES W. PARSONS SURVEY, ABSTRACT NO. 705 FROM "AO" — AGRICULTURE/OPEN SPACE TO "R-5" — SINGLE-FAMILY RESIDENTIAL AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission of the City of Allen, Texas, and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, ' Texas, 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, the City Council has concluded that Allen Land Development Code and Zoning Map of the City of Allen, Texas, as previously amended, should be amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code, and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by granting a change in zoning for Tract 1 containing 112.96± acres of land from "AO" - Agriculturc/Open Space to "CC" - Corridor Commercial and for Tract 2 containing 33.51 acres of land Limn "AO" Agriculture/Open Space to "R-5" Single Family Residential District and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code of the City of Allen, Texas, as heretofore amended, and as amended herein. SECTION 3. 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 4. Should any word sentence, paragraph, subdivision, clause, phrase or section of this ordinance, or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or unconstitutional, the ' same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION 5. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and ' the former law is continued in effect for this purpose. 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 Allen Land Development Code 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) for each offense, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 7. This ordinance shall take effect immediately ftom 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, COLLIN COUNTY, TEXAS, ON THIS THE 15rra DAY OF FEBRUARY, 2001. APPROVED: Steph�MAYOR APPROVED AS TO FORM: ATTEST: Peter G. smtg, CITY ATTORNEY Judy Mo n, CMC/AAE, CITY SECRETARY G Ordinance No. 1923-2-01, Page 2 EXIMIT "A" Tract 1 DESCRIPTION 112.96 Acres of Land SITUATED in Collin County, Texas, in the Thomas Phillips Survey, Abstract No. 717 and in the James W. Parsons Survey, Abstract No. 705, being a resurvey of the 146.3356 acre Tract H described in a deed from John H. Boyle and wife, Paty S. Boyle to OPUBCO RESOURCES, INC. dated August 27, 1981, recorded in Volume 1426, Page 2993 of the Collin County Deed Records, being described by metes and bounds as follows: BEGINNING at a 1/2"x18" iron pin found at the east, southeast comer of said 146.3356 acre Tract, in the center of north -south county rock road No. 146 and in the west line of the William E. Campbell, Jr. 29.1009 acres, Ref. V. 4351, P. 1021; Thence South 890 11' 41" West, 1452.18 feet with a south line of said 146.3356 acre Tract and north line of the Paty S. Boyle 68.733 acres, Ref. Doc. No. 93-61250 to a 1/2"x18" iron pm found beside a comer post at the ell corner of said 146.3356 acre Tinct; Thence South 10 35' 19" East, 951.85 feet with an east line of said 146.3356 acre Tract and the west line of said 68.733 acre tract to a point for comer; Thence leaving the west line of said 68.733 acre tract and with a non -tangent curve to the right, an arc of 348.87 feet around a central angle of 12030'44" on a radius of 1597.56 feet with a chord of 348.19 feet which bears South 88045'21" West to a point for corner; ' Thence North 84059'17" West, 77.19 feet to a point for comer; Thence with a tangent curve to the right, an are of 932.41 feet around a central angle of 45004'57" on a radius of 1185.01 feet with a chord of 908.54 feet which bears South 72028'08" West to a point in the east line of Briar Ridge Inv. Inc. Land Ref. V. 3827, P. 186; Thence North 00 44' 58" West, 2045.91 feet with the west line of said 146.3356 acre tract and with said west Survey Line to a 5/8"x18" iron pin found in said survey line at the intersection of the south R.O.W. line of State Highway No. 121, at the northwest comer of said 146.3356 acre Tract; Thence North 660 19' 17" East, 1874.76 feet with said south R.O.W. line and with the north line of said 146.3356 acre Tract to an iron pin found at the intersection of said south R.O.W. line and an old fence and hedge row from the east, and the north line of said 146.3356 acre Tract and at the west comer of the John T. Green 4.8233 acre tract, Ref. V. 634, P. 269; Thence easterly with said north line and with an established fence and south line of said 4.8233 acre tract as follows: North 89° 25'22" East, 233.08 feet; North 890 03' 17" East, 300.0 feet; South 890 26' 33" East, 57.39 feet to an Alum. Cap R.O.W. Man found in the proposed south ' R.O.W. line of State Hwy No 121, said Alum. Cap R.O.W. Mon. being hereby designated as point "A!'; North 890 25' 33" East, 351.97 feet to a 1/2"x18" iron pin set in said linen and in the west R.O.W. line of Alma Road, Ref. V. 4644, p. 2042; Ordinaace No. 1923-2-01, Page 3 Thence southerly with sad west R.O.W. lme and with a curve to the left, an arc of 223.39 feet around a central angle of 120 14' 12" on a radius of 1046.0 feet with a chord of 222.97 feet which bears South 140 35' 15" East to a 1/2"x18" iron pin set at the end of said curve and in the center of County Road No. 146 and in the east line of sad 146.3356 acre tract and the west line of the Johnson Centre, Ltd. 53.8264 acre tract, Ref. V. 4505, P. 2457; Thence southerly with the eau linen of said 146.3356 acre Tract, the west line of said 53.8264 acre tract and the west line of said 29.1009 acre tract and with said road as follows: South 01* 30' 11" East, 789.18 feet to a 1/2"x18" iron pin found. South 000 46'48" East, 559.01 feet to the Place of Beginning and containing 112.96 acres of land. Ordinance No. 1923-2-01, Page 4 EXHIBIT "A" ' 2 DESCRII'1'ION 33. 33.51 Acres of Land SITUATED in Collin County, Texas, in the Thomas Phillips Survey, Abstract No. 717 and in the James W. Parsons Survey, Abstract No. 705, being a resurvey of the 146.3356 acre Tract II described in a deed from John H. Boyle and wife, Paty S. Boyle to OPUBCO RESOURCES, INC. dated August 27, 1981, recorded in Volume 1426, Page 2993 of the Collin County Deed Records, being described by metes and bounds as follows: COMMENCING at a 1/2"x18" iron pin found at the east, southeast comer of said 146.3356 acre Tract, in the center of north -south county mck mad No. 146 and in the west line of the William E. Campbell, Jr. 29.1009 acres, Ref. V. 43519 P. 1021; Thence South 890 11' 41" West, 1452.18 feet with a south line of said 146.3356 acre Tract and north line of the Poly S. Boyle 68.733 acres, Ref. Doc. No. 93-61250 to a 1/2"x18" iron pin found beside a comer post at the ell corner of said 146.3356 acre Tract; Thence South 10 35' 19" East, 951.85 feet with an east line of said 146.3356 acre Tract and the west line of said 68.733 acre tract to a point for the Point of Beginning; Thence South 1035' 19" East, 1163.64 feet with an east line of said 146.3356 acre Tract and the west line of said 68.733 acre tract to a 1/2"xl8" iron pin found at the south, southeast comer of said 146.3356 acre Tract and the southwest comer of said 68.733 acre tract; Thence South 890 13' 24" West, with the south line of said 146.3356 acre Tract, the north line of the Paty S. Boyle 68.733 acre tract passing a 1/2"x18" iron pin found at 1281.87 feet and continuing in all 1311.87 feet to a point in the east prong of Rowlett Creek and in the west line of said Parsons Survey and the northwest comer of said 68.789 acre tract, in the east line of the Briar Ridge Inv. htc. Land Ref. V. 3827, P. 186; Thence North 00 44' 58" West, 906.57 feet with the west line of said 146.3356 acre tract and with said west Survey Line to a point for corner; Thence with a non -tangent curve to the right, an arc of 932.41 feet around a central angle of 45004'57" on a radius of 1185.01 feet with a chord of 908.54 feet which bears North 72028'08" East to a point for comer; Thence South 84059'17" East, 77.19 feet to a point for comer; Thence with a tangent curve to the left, an we of 348.87 feet around a central angle of 12030'44" on a radius of 1597.56 feet with a chord of 348.19 feet which bears North 88°45'21" East to the Place of Beginning and containing 33.51 acres of land. Ordinance No. 1923-2-01, Page 5 11 E)IIDPC "A" I IIS` III$ za jl AO D / / I / I \ / / g /,'Ab A"GRI U�"It1R rvUP ZONU: / ✓I 7 > ...-. PO -02 / %i / -CC Corrid"pr CotnLtlm al efio zaNeo: \� �T' zw+ - -vo-ss \ fi50 +• I � \ o, AO 0 \\ � e \RR33AAFFii f2e51dd11ildi ` ^A ACRICU E 5 ACE 6�av` I, IS PR C I 9 EN Al 62 Ordinance No. 1923-2-01, Page 6