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HomeMy WebLinkAboutO-1536-10-97ORDINANCE NO. 1536-10-97 AN ORDINANCE OF THE CITY OF ALIEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, TO CHANGE THE ZONING FROM AGRICULTURE OPEN SPACE (AO) TO PLANNED DEVELOPMENT NO. 63 (PD -63) ON THE FOLLOWING -DESCRIBED TRAGI' OF LAND: 180.661 ACRES OF LAND LOCATED IN THE SHADRICK JACKSON SURVEY, ABSTRACT NO. 489, AND THE JESSE A. GOUGH SURVEY, ABSTRACT NO. 347, MY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT 'A' LAND USE PLAN; PROVIDING FOR EXHIBIT B' AREA AND USE REGULATIONS; PROVIDING FOR F-NM1T '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, as previously amended, should be revised. 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 revised by changing the Zoning Map of the City of Allen from Agricultural Open Space (AO) to Planned Development No. 63 (PD -63) on the following -described tract of land: 180.661 acres of land located in the Shadrick Jackson Survey, Abstract No. 489, and the Jesse A. Gough Survey, Abstract No. 347, City of Allen, Collin County, Texas. SECTION 2: The approved Land Use Plan and Area 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," Legal Description, attached hereto and made a part hereof for all purposes, 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. SECTIONS: 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. 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 ALJ.EN, TEXAS, ONTHE 2ND DAYOF OCTOBER ,1997. StepYO 2 APPROVED AS TO FORM: ATTFSP A. Do o er, RNEY ipay MordAoq CMC, CITY SECREJ'ARY 1 OrdinanceNo. 1536-10-97 Page2 Z � 1 �k Lu W CO J Q Ordinance No. 1536-10-97 Exhibit "O' U a a a /CCdo 1"1;,.--y ' City Of Allen, Texas Planned Development # Texas Land & Building Company, LLC Exhibit "B" REQUEST FOR A PLANNED DEVELOPMENT DISTRICT 180.7 ACRE TRACT; NORTH AND SOUTH OF PROPOSED RIDGEVIEW DRIVE, EAST OF CUSTER ROAD: This Planned Development shall follow the general regulations outlined in the City of Allen Comprehensive Zoning Ordinance No. 1425-5-96 as amended in Ordinance No. 1445-8-96, adopted May 2, 1996. Specific information for the development of each tract ' in this Planned Development District is as follows. All acreages are approximate and will be subject to verification during planing and development. 1 TRACT "CORRIDOR COMMERCIAL" 62.51 AC. 5.1± AC. R.O.W. 57.4± AC. NET PURPOSE: The Allen Comprehensive Plan designates this area as Special Development Area `5D-1", with Commercial as the primary suggested land use. GENERAL REGULATIONS: The development of this property shall be in accordance with the provisions of the "CC" Corridor Commercial District Regulations as set forth in Section 3.01(T) of the Allen Comprehensive Zoning Ordinance. Texas Land & Building Company, LLC- Zoning Request City of Allen, Texas February 6, 1997 Page I of 5 Revised April 17, June 17, Sept 22, 1997 ' TRACT H "MULTIFAMILY RESIDENTIAL" 21.8±AC. 0.8± AC. R.O.W. 21.0+ AC. NET PURPOSE: Tract II has a linear configuration along the future Custer Road, and is backed up by the Rowlett Creek flood plain. Although it is also a part if the Special Development "SD -I" Area, it is not an appropriate retail or commercial site because it is too remote from the SH 121 corridor for major commercial uses, and the local retail required to service the neighborhoods and passing motorists is amply provided by Tracts III &IV. Because this Tract has lengthy frontage both on Custer Road,. providing good access, and on Rowlett Creek to the rear, providing open space views and access, higher -density residential would be an appropriate land use. Additionally, this site is located on the periphery of the city and is separated from the proposed land uses to the west by the broad Rowlett Creek flood plain. Therefore, Tract II has been planned for Multifamily Residential, with a density of up to 24 dwelling units per net acre. ' GENERAL REGULATIONS: The development of this property shall be in accordance with the provisions of the "MF -24" Multifamily Residential District Regulations as set forth in Section 3.01(L) of the Allen Comprehensive Zoning Ordinance, except as specifically provided herein: a. Landscaping: The site shall be landscaped consistent with the Landscaping and Tree Preservation, Requirements in Section 3.05. Additionally, the required landscaped edge adjacent to the street will be increased from ten (10') to twenty (20') feet. ALL surface parking lots on the building site adjacent to the streets will be screened by either a planted earthen berm, shrubs or retaining wall. Such screening shall be a minimum average height of three and a half (3 1/2) feet. b. Parking Lots: A minimum of 50% of the street frontage shall have no parking forward of the budding. All covered parking, other than garages under the units, shall be located to the side or rear of the buildings and shall be constructed of a material compatible with the materials used in the building construction. C. Building Design: All building facades facing the street shall be designed in such a way so as to break up the scale of any large unbroken expanse, e.g. staggering the wall line every couple of units, setbacks for upper floors, etc. Texas Land & Building Company, LLC- Zoning Request City of Allen, Texas February 6, 1997 Page 2 of 5 Revised April 17, lune 17, Sept 22, 1997 7 TRACT III "LOCAL RETAIL" 2.41: AC. 0.4t AC. R.O.W. 2.0±AC. NET PURPOSE: Tract III is planned to be a comer retail development providing the basic retail services for the neighborhood residents and passing motorists, at the intersection of two major arterial streets. GENERAL REGULATIONS: The development of this property shall be m accordance with the provisions of the "LR" Local Retail District Regulations as set forth in Section 3.01(P) of the Allen Comprehensive Zoning Ordinance, except as specifically provided for herein: a. Permitted Uses: All uses permitted in the LR District plus: 1) Restaurant, Drive -In or Through, and 2) Restaurant/ Private Club, with S.U.P. TRACT 1V "LOCAL RETAIL" 7.2t AC. 1.2t AC. R.O.W. 6.Ot AC. NET PURPOSE: Tract IV is at the intersection of Custer Road and the proposed Ridgeview Drive, fronting primarily on Ridgeview. It isbordered on the rear by the Rowlett Creek and Young's Branch flood plains, separating this tract from the proposed neighborhoods to the east and south. Retail sales and basic business services are appropriate land uses for this site. GENERAL REGULATIONS: The development of this property shall be in accordance with the provisions of the "LR" Local Retail District Regulations as set forth in Section 3.01(P) of the Allen Comprehensive Zoning Ordinance, except as specifically provided for herein: a. Permitted Uses: All uses permitted in the LR District plus: 1) Restaurant, Drive -In or Through, and 2) Restaurant/ Private Club, with S.U.P. Texas Land & Building Company LLC- Zoning Request City of Allen, Texas February 6, 1997 Page 3 of 5 Revised April 17, June 17, Sept 22, 1997 TRACT V "SINGLE FAMILY RESIDENTIAL" 51.5± AC. 2.8± AC. R.O.W. 48.7± AC. NET PURPOSE: Tract V is being planned for "conventional" single family residential based primarily upon the R-5 District Regulations. The R-5 District requires a minimum lot size of 7,500 square feet however, not less than 20% of the lots in Tract V will have a minimum size of 9,000 square feet. This area is designated as Neighborhood Residential (NR) on the Comprehensive Plan, which suggests a mixed density of residential development. GENERAL REGULATIONS: The development of this property shall be in accordance with the provisions of the "R-5" Single Family Residential District Regulations as set forth in Section 3.01(E) of the Allen Comprehensive Zoning Ordinance, except as specifically provided for herein: a. Minimum Lot Size: No fewer than 20% of the lots in Tract V shall have a minimum lot size of nine thousand (9,000) square feet. Ib. Maximum Density: The aggregate density of this tract shall not exceed 3.7 units per acre. TRACT VI "FP -CF" - FLOOD PLAIN 35.3 AC. 0.9 AC. R.O.W. 34.4 AC. NET PURPOSE: This area of the property will be set aside for drainage and greenbelt purposes and will remain as flood plain and open space. GENERAL REGULATIONS: The development of this property shall be in accordance with the provisions of the "FP -CF" Community Facilities District Regulations as set forth in Section 3.01(Z & AA) of the Allen Comprehensive Zoning Ordinance. Texas Land & Building Company, LLC- Zoning Request City of Allen, Texas February 6, 1997 Page 4 of 5 Revised April 17, June 17, Sept 22, 1997 ZONING SUMMARY TRACT ACREAGE PROPOSED ZONING UNITS REQUESTED Gross ROW Net District DU/Acro I TotalDU's 1 62.5 5.1 57.4 CC 6 326 MDR -- H 21.8 0.8 21.0 MF 24 504 III 2.4 0.4 2.0 LR — IV 7.2 1.2 6.0 LR — V 51.5 2.8 48.7 SF -5 3.7 180 VI 35.3 0.9 34.4 FP -CF (Flood Plain -- -- Total 180.7 11.2 169.5 180 SF 504 MF 684 Total DWELLING UNIT COMPARISON WITH NPA 'S TOTAL UNITS NPA IN NPA % OF TLBC IN NPA* TLBC % OF UNITS* UNITS REQUESTED 1 128 MDR 22.3% 29 MDR 29 TOTAL 180 SF 504 MF 3,683 LDR 210 LDR 6 326 MDR 5.7% 19 MDR 684 TOTAL 360 HDR 21 HDR 250 TOTAL *Based on Acreage Texas Land & Building Company, LLC- Zoning Request City of Allen, Texas February 6, 1997 Page 5 of 5 Revised April 17, June 17, Sept 22, 1997 Exhibit C TRACT ONE: BEING 180.661 acres of land located in the SHADRICK JACKSON SURVEY, Abstract No. 489, and the JESSE A. GOUGH SURVEY, Abstract No. 347, Collin County, Texas, and being a portion of the 130.728 acre tract of land conveyed to Ben B. West and Patrick F. Deprez, Co -Trustees, by instrument No. 92.008273 of the Official Public Records of Collin County, Texas, and also being a part of the 59.36 acre tract of land conveyed to Patrick F. Deprez and Ben B. West, Co -Trustees, by the deed recorded in Volume 1134, Page 259 of the Deed Records of Collin County, Texas. Said 180.661 acres being more particularly described by metes and bounds, as follows: BEGINNING at a 1/2" iron rod at the Northeast corner of the aforesaid 130.728 acre tract, being the intersection of the centerline of West Rowlett Road, extended Easterly to the intersection of the North extension of the East edge of West Rowlett Road. Said 1/2" iron rod being the Southeast corner of the tract of land conveyed to Nixon Investment Company, Inc., by the deed recorded in Volume 803, Page 446 of the Deed Records of Collin County, Texas; THENCE S 00 degrees 31 minutes 08 seconds W 1017.15 feet along said West Rowlett Road and the West boundary line of the tract of land conveyed to 258 Acres Joint Venture by the deed recorded in Volume 2156, Page 529 of the Deed Records of Collin County, Texas, to a 1/2" iron rod at the Southwest corner of said Joint Venture Tract, lying in a fence and the Northwest corner of the tract of land conveyed to James R. Jeter, by the deed recorded in Volume 1848, Page 219 of the Deed Records of Collin County, Texas; THENCE S 00 degrees 11 minutes 48 seconds W generally following an old fenceline along the West boundary line of said Jeter Tract and the East boundary line of the aforesaid 130.728 acre tract, at 1,640.16 feet passing the Southwest comer of said Jeter Tract and the Northwest comer of the tract of land conveyed to Briar Ridge Investments, Inc., by Instrument No. 92-0033419 of the Official Public Records of Collin County, Texas, and in all continuing along an old fence 2,081.00 feet to a 1/2" iron rod; THENCE S 00 degrees 19 minutes 12 seconds E 376.48 feet continuing along the East boundary line of said 130.728 acre tract and the West boundary line of said Briar Ridge Investments, Inc. Tract to a 1/2" iron rod in the centerline of West Rowlett Creek and the Southeast corner of said 130.728 acre tract; THENCE along the centerline of said West Rowlett Creek, as follows 3. N 39 degrees 06 minutes 25 seconds W 176.41 feet to a point; 1. N 71 degrees 33 minutes 53 seconds W 252.66 feet to a point; 2. N 55 degrees 38 minutes 51 seconds W 172.05 feet to a point; 3. N 39 degrees 06 minutes 25 seconds W 176.41 feet to a point; I 4. S 77 degrees 40 minutes 45 seconds W 151.68 feet to a point at the confluence of the centerline of said West Rowlett Creek with Young's Branch; THENCE departing said West Rowlett Creek and running along the centerline of Young's Branch, being the South boundary line of the aforesaid 59.36 acre tract, as follows: - 1. S 35 degrees 52 minutes 00 seconds W 56.92 feet to a point; 2. N 83 degrees 42 minutes 01 seconds W 373.09 feet to a 1/2" iron rod; 3. S 82 degrees 03 minutes 56 seconds W 310.15 feet to a point; 4. N 30 degrees 20 minutes 36 seconds W 170.02 feet to a 1/2" iron rod; 5. N 66 degrees 50 minutes 23 seconds W 132.48 feet to a 1/2" iron rod; 6. N 21 degrees 15 minutes 41 seconds W 96.95 feet to a 1/2" iron rod; 7. N 70 degrees 17 minutes 22 seconds W 296.51 feet to a 1/2" iron rod; 8. N 63 degrees 12 minutes 10 seconds W 126.12 feet to a point; 9. S 80 degrees 46 minutes 10 seconds W 118.93 feet to a point; 10. S 57 degrees 08 minutes 32 seconds W 141.84 feet to a point; 11. S 37 degrees 45 minutes 18 seconds W 322.28 feet to a point; 12. S 57 degrees 22 minutes 50 seconds W 268.05 feet departing said Young's - Branch to a 1/2" iron rod at the Southwest corner of said 59.36 acre tract, lying in the existing East right-of-way line of Custer Road; - THENCE N 00 degrees 16 minutes 52 seconds W 95.85 feet to a 1/2" iron rod in the East right-of-way line of Custer Road, as conveyed to the City of Plano, by Instrument No. 93-009109 of the Official Public Records of Collin County, Texas; THENCE severing aforesiad 59.36 acre tract, and running along the East right-of-way line of said Custer Road, as follows: 1. S 89 degrees 43 minutes 08 seconds W 10.00 feet to a 1/2" iron rod; 2. N 00 degrees 16 minutes 52 seconds W 29.03 feet to a 1/2" iron rod; L 3. N 00 degrees 10 minutes 08 seconds E 1348.57 feet to a 1/2" iron rod at the beginning of a curve to the Right; 4. NORTHEASTERLY 375.78 feet along said curve to the Right, having a radius of u 1090.92 feet, a central angle of 19 degrees 43 minutes 51 seconds and a chord bearing N 10 degrees 02 minutes 04 seconds E 373.82 feet to a 1/2" iron rod at the end of said curve; 5. N 19 degrees 53 minutes 59 seconds E 766.61 feet to a 1/2• iron rod at the beginning of a curve to the Left; 6. NORTHWESTERLY 77.15 feet along said curve to the Left, having a radius of 1692.02 feet, a central angle of 02 degrees 36 minutes 45 seconds and a chord bearing N 18 degrees 35 minutes 35 seconds E 77.14 feet to a 1/2" iron rod; 7. S 72 degrees 42 minutes 46 seconds E 10.00 feet to a 1/2" iron rod; 8. NORTHEASTERLY 444.81 feet along a curve to the Left, having a radius of 1702.02 feet, a central angle of 14 degrees 58 minutes 26 seconds and a chord bearing N 09 degrees 48 minutes 01 second E 443.55 feet to a 1/2" iron rod; 9. N 87 degrees 41 minutes 12 seconds W 10.00 feet to a 1/2• iron rod; 10. NORTHWESTERLY 210.73 feet along a curve to the Left, having a radius of 1692.02 feet, a central angle of 07 degrees 08 minutes 08 seconds and a chord bearing N 01 degree 15 minutes 16 seconds W 210.59 feet to a 1/2" iron rod in the North boundary line of the aforesaid 130.728 acre tract, and lying in the general center of West Rowlett Road; THENCE N 89 degrees 45 minutes 05 seconds E 2246.55 feet with said Rowlett Road and the North boundary line of said 130.728 acre tract to THE PLACE OF BEGINNING, containing 180.661 acres of land. TRACT TWO BEING 3.860 acres of land located in the SHADRICK JACKSON SURVEY, Abstract No. 489, Collin County, Texas, and being a portion of the 59.36 acre tract of land conveyed to Patrick F. Deprez and Ben B. West, Co -Trustees, by the deed recorded in Volume 1134, Page 259 of the Deed Records of Collin County, Texas, and also being a portion of the 130.728 acre tract of land conveyed to Ben B. West and Patrick F. Deprez, by Instrument No. 92-0008273 of the Official Public Records of Collin County, Texas. Said 3.860 acres being more particularly described by metes and bounds, -as follows: BEGINNING at a 1/2" iron rod at the most Northerly Northwest corner of said 130.728 acre tract, lying in the centerline of West Rowlett Creek; THENCE N 89 degrees 45 minutes 05 seconds E running along the North boundary line of said 130.728 acre tract, at 213.80 feet passing a 1/2" iron rod at the Southwest corner of the tract of land conveyed to Dewitt Dunaway, by Instrument No. 92-0029920 of the Official Public Records of Collin County, Texas, and in all 376.37 feet continuing along the North boundary line of said 130.728 acre FIRST AMERICAN TITLE INSURANCE COMPANY 97RO4355 Exhibit A (Continued) CF -Number 97RO4355 tract and the South boundary line of said Dunaway Tract to a 1/2" iron rod in the West right-of-way line of Custer Road, as conveyed to the City of Plano, by Instrument No. 93-009109 of the Official Public Records of Collin County, Texas; THENCE SOUTHERLY departing said North boundary line, and severing said Co -Trustees Tracts, and running along the West boundary line of said Custer Road, as follows: - 1. SOUTHEASTERLY 163.71 feet along a curve to the Right, having a radius of 1582.02 feet, a central angle of 05 degrees 55 minutes 45 seconds and a chord bearing S 02 degrees 10 minutes 36 seconds E 163.64 feet to a 1/2" iron rod; 2. N 89 degrees 12 minutes 43 seconds W 10.00 feet to a 1/2" iron rod; 3. SOUTHWESTERLY 415.16 feet along a curve to the Right, having a radius of 1572.02, a central angle of 15 degrees 07 minutes 53 seconds and a chord bearing S 08 degrees 21 minutes 14 seconds W 413.95 feet to a 1/2" iron rod; 6. S 19 degrees 53 minutes 59 seconds W 766.61 feet to a 1/2" iron rod at the beginning of a curve to the Left; 7. SOUTHWESTERLY 56.85 feet along said curve to the Left, having a radius of 1200.92 feet, a central angle of 02 degrees 42 minutes 44 seconds and a chord bearing S 18 degrees 32 minutes 37 seconds W 56.84 feet to a 1/2" iron rod in the West boundary line of the aforesaid 59.36 acre Co -Trustees Tract, being the East boundary line of the tract of land conveyed to Emajean Haggard Hall, by the deeds recorded in Volume 706, Page 67 and Volume 512, Page 595 of the Deed Records of Collin County, Texas; THENCE N 00 degrees 05 minutes 22 seconds W 369.82 feet departing said right-of-way line and running along a barbed wire fence, being the common line between said 59.36 acre tract and said Hall Tract, to a metal fencepost at a fence corner and the South boundary line of the tract of land conveyed to Rowlett Creek Cemetery, by the deed recorded in Volume 584, Page 392 of the Deed Records of Collin County, Texas; THENCE along the common boundary line between said 59.36 acre Co -Trustee Tract and said Rowlett Creek Cemetery Tract, as follows: 1. N 89 degrees 21 minutes 41 seconds E 100.88 feet along a fence to a metal fencepost; 4. S 74 degrees 04 minutes 50 seconds E 10.00 feet to a 1/2" iron rod; 5. SOUTHWESTERLY 109.90 feet along a curve to the Right, having a radius of 1582.02 feet, a central angle of 03 degrees 58 minutes 49 seconds and a chord bearing S 17 degrees 54 minutes 34 seconds W 109.88 feet to a 1/2" iron rod at the end of said curve; 6. S 19 degrees 53 minutes 59 seconds W 766.61 feet to a 1/2" iron rod at the beginning of a curve to the Left; 7. SOUTHWESTERLY 56.85 feet along said curve to the Left, having a radius of 1200.92 feet, a central angle of 02 degrees 42 minutes 44 seconds and a chord bearing S 18 degrees 32 minutes 37 seconds W 56.84 feet to a 1/2" iron rod in the West boundary line of the aforesaid 59.36 acre Co -Trustees Tract, being the East boundary line of the tract of land conveyed to Emajean Haggard Hall, by the deeds recorded in Volume 706, Page 67 and Volume 512, Page 595 of the Deed Records of Collin County, Texas; THENCE N 00 degrees 05 minutes 22 seconds W 369.82 feet departing said right-of-way line and running along a barbed wire fence, being the common line between said 59.36 acre tract and said Hall Tract, to a metal fencepost at a fence corner and the South boundary line of the tract of land conveyed to Rowlett Creek Cemetery, by the deed recorded in Volume 584, Page 392 of the Deed Records of Collin County, Texas; THENCE along the common boundary line between said 59.36 acre Co -Trustee Tract and said Rowlett Creek Cemetery Tract, as follows: 1. N 89 degrees 21 minutes 41 seconds E 100.88 feet along a fence to a metal fencepost; FIRST AMERICAN TITLE INSURANCE COMPANY 97804355 Exhibit A (Continued) GF -Number 97804355 2. N 00 degrees 09 minutes 58 seconds W 461.17 feet along a fence to a 1/2" iron rod; 3. N 89 degrees 59 minutes 15 seconds E 164.45 feet to a 3/4• iron rod; 4. N 00 degrees 10 minutes 12 seconds W at 304.79 feet passing a 3/4" iron rod on line, and in all 361.79 feetto a point in the centerline of aforesaid West Rowlett Creek; 5. N 49 degrees 05 minutes 55 seconds W 245.91 feet along the centerline of said creek to a point; 6. N 41 degrees 03 minutes 55 seconds W 130.50 feet along the centerline of said creek to the PLACE OF BEGINNING, containing 3.868 acres of land. NOTE: The Company is prohibited from insuring the area or quantity of the land described herein. Any statement in the above legal description of the area or quantity of land is not a representation that such area or quantity is correct, but is made only for informational and/or identification purposes and does not override Item 2 of Schedule B hereof.