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Home My WebLink AboutR-536-8-84RESOLUTION NO. 536-8-84(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING CERTAIN VOLUNTARY DEED RESTRICTIONS ON APPROXIMATELY 139 ACRES OF LAND LOCATED AT THE NORTHWEST CORNER OF THE INTERSECTION OF F.M. 2170 AND MALONE ROAD, AND PROVIDING THE CITY OF ALLEN THE AUTHORITY TO WITHHOLD CERTIFICATES OF OCCUPANCY NECESSARY FOR THE LAWFUL USE OF THE PROPERTY UNTIL SUCH RESTRICTIONS ARE FULLY COMPLIED WITH. WHEREAS, the Planning and Zoning Commission of the City of Allen, Collin County, Texas has reviewed certain voluntary deed restrictions on approximately 139 acres located at the northwest corner of the intersection of F.M. 2170 and Malone Road; and WHEREAS, the Planning and Zoning Commission has recommended to City Council that the zoning be established as requested and that the deed restrictions volunteered on the behalf of the land owner be adopted and enforced by the City of Allen. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS: Section 1. The City of Allen does hereby adopt the attached deed restrictions volunteered by the owner of approximately 139 acres of land located at the northwest corner of the intersection of F.M. 2170 and Malone Road. A copy of said deed restrictions being attached hereto and incorporated herein for all purposes pursuant to and in accordance with the zoning request approved. Section 2. The City Secretary shall file of record in the Collin County Deed Records, a copy of said deed restrictions. Section 3. The City of Allen shall reserve the right to prosecute at law and in equity against any person violating or attempting to violate such restrictions. DULY PASSED AND APPROVED BY THE ALLEN CITY COUNCIL ON THIS THE 16th DAY OF August , 1984. V. ,� v DONALD P. RODENBAUGH, MAYOR ATTEST: II � MARTY HENDRIX, CITY SECRETARY DEED RESTRICTIONS 64240 VCL 199 FVL927 THE STATE OF TEXAS 4 KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN 4 That the undersigned, Bass Development Company, is the owner of the following described property situated in Collin County, Texas, being in particular a tract of land out of the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being that same tract of land. conveyed 'to Bass Development Company by Margaret Ketron Cox by deed dated June 18, 1984, and recorded in Volume 1918, Page 596 in the Deed Records of Collin County, Texas, and being more particularly described as follows: Field notes for the applicable individual tracts per the attached plat are attached hereto as Exhibit "A". That the undersigned, Bass Development Company, does hereby impress all of the following described property with the following deed restrictions, to -wit: Tract 2 "0" - Office District: 1. The maximum height for any building shall be one (1) standard story. Tract 3 "0" - Office District: 1. The maximum height for any building shall be one (1), standard story. Tract 4 "MF -2" - Multifamily Residential District: 1. The maximum dwelling units shall be 18 units per acre. 2. Open Space of not less than 2.0 acres shall be provided within the zoning district. 1 V 0 L 199 :. 928 Tract 5 "TH" - Townhouse Residential District: 1. The minimum floor area of any dwelling unit shall be twelve hundred (1,200) square feet; exclusive of garages, breezeways and porches. Tract 6 "R-5" - Single Family Residential District: 1. The minimum floor area of the dwellings shall be as follows; exclusive of garages, breezeways and porches: Over 2,000 sq. ft. 15 units, or 8.8% Over 1,800 sq. ft. 40 units, or 23.4% Over 1,600 sq. ft. 57 units, or 33.3% Over 1,400 sq. ft. 59 units, or 34.5% Total 171 units, or 100.0% Tract 7 "R-4" - Single Family Residential District: 1. The minimum floor area of the dwellings shall be as follows; exclusive of garages, breezeways and porches: Over 2,000 sq. ft. 41 units, or 24.60 Over 1,800 sq. ft. 72 units, or 43.1% Over 1,600 sq. ft. 28 units, or 16.80 Over 1,400 sq. ft. 26 units, or 15.5% Total 167 units, or 100.0% These restrictions shall continue in full force and effect for a period of twenty-five (25) years from the date of execution, and shall automatically be extended for additional periods of ten (10) years unless terminated in the manner specified herein. These restrictions shall not be altered, amended or terminated without a public hearing before the City Plan Commission and the City Council of the City of Allen. Notice of such public hearings shall be given as would be required by law for a zoning change on the property described herein. The restrictions contained herein are not in any manner intended to restrict the right of the City Council of the City of Allen to exercise its legislative duties and powers insofar as zoning of the property is concerned. 2 VOL 1996 "',.929 These restrictions inure to the benefit of the City of Allen, and the undersigned owner hereof does hereby grant to the City of Allen the right to prosecute, at law and in equity, against the person violating or attempting to violate such restrictions, either to prevent him from so doing and to correct such violation and for further remedy, the City of Allen may withhold the Certificate of Occupancy necessary for the lawful use of the property until such restrictions described herein are fully complied with. These restrictions are hereby declared covenants running with the land and shall be fully binding upon all persons acquiring property within the above described tract, and any person by acceptance of title to any of the above described property shall thereby agree and covenant to abide by and fully perform the foregoing restrictions and covenants. EXECUTED this the day of , 19 BASS DEVELOPMENT COMPANY H. Bass, President 3 I VU L 1996 930 THE STATE OF TEXAS COUNTY OF COLLIN ) BEFORE ME, the undersigned, a Notary Public in and for Collin County, Texas, on this day personally appeared M. H. Bass, President of Bass Development Company, known to me to be the person whose name is subscribed to the foregoing instrument and acknowledged to me that he executed the same for the purposes and consideration therein expressed. GIVEN UNDER MY AND AND SEAL OF OFFICE this the day of NOTARY PUBLIC in and for - Collin County, Texas 4 BRENDA BULLARD NOTARY PUBLIC STATE OF TEYA� COMMISSION EXPIRES 12—JS- FA y VOL lbffiAf (__----- -__-�, DEVELOPMENT DATA 1 --- --------- TRACT USE GR.AC NET AC. �-----� _-- � 1 LR 7.3 7.1 ----------- I I 2 O 8.1 8.1 I�=-------------11 I 4 MF 8.0 7.8 TH 10.9 10.9 I I I I 6 R-5 46.0 45.8 7 7 R -a 50.7 50.7 T I I I IRA ��--_-J I II I II I I 139.1 138.5 II I �R14 50. AC. r / J I I ►I / _J I-JJJ LJ IF II I � TRACT 6 TH TRACT 5\\�� F-1 -- ------------� \� \ �\ � � � M :FA 2 �: TRACT 3 0I� 8.C. II ZONING PLAN MORNINGSIDE ALLEN, TEXAS TRAC 8.1 A 0 --r -- F M 2170 (MAIN STREET) I BASS DEVELOPMENT CO. J.T. DUNKIN & ASSOCIATES, INC. 552 0 LBJ FREEWAY SUITE 220 URBAN PLANNING LANDSCAPE ARCHITECTURE DALLAS, TEXAS 75240 VCL.MFA=� 2 DON A TIPTON, INC. CONSULTING ENGINEERS 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 FT FI n NnTFS TRACT 2 OFFICE DISTRICT ZONING BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of'Allen, Collin County, Texas, and being more particularly described -as follows: BEGINNING at a point in the North line of FM 2170 (Main Street) (a 90' R.O.W.), said point being N 89°26'52" W., a distance of 960.10 feet from the point of inter- section of said North line of FM 2170 projected and the centerline of Malone Road (a 60' R.O.W.), said centerline of Malone Road also being the East line of above- mentionted,Peter Fisher Survey, a point for corner; THENCE, N 89026152" W., along said FM 2170 North line, a distance of 296.83 feet to a point for corner; THENCE, N 89°51'30" W., continuing along said FM 2170 North line, a distance of 549.17 feet to a point for corner; THENCE, N 0°08'30" E., a distance of 416.34 feet to a point for corner; THENCE, S 89°51'30" E., a distance of 550.66 feet to a point for corner; THENCE, S 89°26'52" E., a distance of 298.32 feet to a point for corner; THENCE, S 0°33'08" W., a distance of 416.34 feet to THE PLACE OF BEGINNING and containing 8.100 Acres of Land. Exhibit "A", Page 1 VOL 1996FI A X933 DON A TIPTON, INC. CONSULTING ENGINEERS 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 FTFI n NnTFS TRACT 3 OFFICE DISTRICT ZONING BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being more particularly described as follows: COMMENCING at a point in the North line of FM 2170 (Main -Street) (a 90' R.O.W.), said point being N 89°26'52" W., a distance of 70.91 feet from the point of inter- section of said North line of FM 2170 projected and the centerline of Malone Road (a 60' R.O.W.), said centerline of Malone Road also being the East line of above- mentioned Peter Fisher Survey, a point for corner; THENCE, N 89°26'52" W., along said FM 2170 North line, a distance of 1186.02 feet to a point for corner; THENCE, N 89°51'30" W., continuing along the said FM 2170 North line, a distance of 549.17 feet to THE PLACE'OF BEGINNING, a point for corner; THENCE, N 89°51'30" W., continuing along said FM 2170 North line, a distance of 846.0 feet to the Southeast corner of the First Baptist Church of Allen, 4.0 Acre tract, a point for corner; THENCE, N 0015'49" W., along the East line of said First Baptist Church of Allen 4.0 Acre Tract, a distance of 416.35 feet to a point for corner; THENCE, S 89°51'30" E., a distance of 848.95 feet to a point for corner; THENCE, S 0008'30"'W., a distance of 416.34 feet to THE PLACE OF BEGINNING and containing 8.100 Acres of Land. Exhibit "A", Page 2 von 1996 ^.-,.934 DON A TIPTON, INC. CONSULTING ENGINEERS 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 F1FI D NnTFS TRACT 4 MULTI -FAMILY ZONING (MF -2 ) BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City ,of Allen, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the centerline of Malone Road (a 60' R.O.W.), said point being N 0° 10' 10" W, a distance of 447.40 feet, along the said Malone Road center- line -from the North projected line of FM 2170 (Main Street), a point for corner; THENCE, N 890 26'- 52" W, a distance of 649.24 feet to a point on a curve to the left having a central angle of 25° 35' 27", a radius of 360.0 feet, and a back tangent bearing of N 11° 51' 25" W, a point for corner; THENCE, around said curve, a distance of 160.79 feet to the end of said curve, a point for corner; THENCE, N 37° 26' 52" W, a distance of 188.84 feet to the beginning of a tangent curve to the right having a central angle of 37° 15' 49" and a radius of 150.0 feet, a point for corner; THENCE, around said curve, a distance of 97.56 feet to the end of said curve, a point for corner; THENCE, N 0° 11' 03" W, a distance of 114.44 feet to a point for corner; THENCE, N 89° 48' 57" E, a distance of 261.03 feet to the beginning of a tangent curve to the right having a central angle of 26° 28' 26" and a radius of 225.0 feet, a point for corner; THENCE, around said curve, a distance of 103.96 feet to the end of said curve and to the beginning of a reverse tangent curve to the left"having a central angle of 26" 27' 33" and a radius of 780.0 feet, a point for corner; THENCE, around said reverse curve, a distance of 360.20 feet to the end of said curve, a point for corner; THENCE, N 89° 49' 50" E, a distance of 151.45, feet to a point in the said Malone Road centerline, a point for corner; THENCE, S 0° 10' 10" E, along said Malone Road centerline, a distance of 403.60 feet to the PLACE OF BEGINNING and containing 8.000 acres of land. Exhibit "A", Page 3 VOL 199C: - - 9`T DON A TIPTON, INC. CONSULTING ENGINEERS 6330 Belt Line Road Suite C Garland, Texas 75043 (214) 226-2967 F T FI n NnTFt TRACT 5 TOWN HOUSE RESIDENTIAL ZONING BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the North line of FM 2170 (Main Street) (a 90' R.O.W.), said point being N 890 26' 52" W, a distance of 647.10 feet from the point of interesection of said North line of FM 2170 projected and the centerline of Malone Road (a.60' R.O.W.), said.centerline of Malone Road also being the East line of abovementioned Peter Fisher Survey, a point for corner; THENCE, N 890 26' 52" W, along said FM 2170 North line, a distance of 313.0 feet to,a point for corner; THENCE, N 0° 33' 08" E, a distance of 420 feet to a point for corner; THENCE, S 890 26' 52" E, a distance of 34.45 feet to the beginning of a curve to the left having a central angle of 380 00', a radius of 81.45 feet, and a back tangent bearing of N 0° 33' 08" E, -a point for corner; THENCE, around said curve, -a distance of 54.02 feet to the end of said curve, a point for corner; THENCE, N 370 26' 52" W, -a distance of 188.84 feet to the beginning of a tangent curve to the right having a central angle of 370 15' 49" and a radius of 428.55 feet, a point for corner; THENCE, around said curve, a distance of 278.72 feet to the end of said curve a point for corner; THENCE, N 00 11' 03" W, -a distance of 202.44 feet to the beginning of a tangent curve to the right having a central angle of 900 00' and a radius of 56.0 feet, a point for corner; THENCE, around said curve, a distance of 87.96 feet to the end of said curve, a point for corner; THENCE, N 890 48' 57" E, a distance of 483.58 feet to the beginning of a tangent curve to the right having a central angle of 26° 28' 26" and a radius of 369.0 feet, a point for corner; Exhibit "A", Page 4 f TRACT 5 1729 Page Two VUL 19mFA;;Em6 THENCE, around said curve, a distance of 170.50 feet to the end of said curve, and to the beginning of a reverse tangent curve to the left having a central angle of 260 27' 33" and a radius of 636.00 feet, a point for corner; THENCE, around said curve, a distance of 293.70 feet to a point for corner; THENCE, N 890 49' 50" E, a distance of 151.45 feet to a point in the said Malone Road centerline, a point for corner; THENCE, S 00 10' 10" E, along said Malone Road centerline, a distance of 144.0 feet to a point for corner; THENCE, S 890 49' 50" W, a distance of 161.45 feet to the beginning of a tangent curve to the right having a central angle of 26° 27' 33" and a radius of 780.0 feet, a point for corner; THENCE, around said curve to the right, a distance of 360.20 feet to the end of said curve and to the beginning of a reverse tangent curve to the left having a central angle of 26° 28' 26" and a radius of 225.0 feet, a point for corner; THENCE, around said curve, a distance of 103.96 feet to the end of said curve, a point for corner; THENCE, S 89° 48' 57" W, a distance of 261.03 feet to a point for corner; THENCE, S 0° 11' 03" E, a distance of 114.44 feet to the beginning of a tangent curve to the left having a central angle of 37° 15' 49" and a radius of 150.0 feet, a point for corner; THENCE, around said curve, a distance of 97.56 feet to the end of said curve, a point for corner; THENCE, S 37° 26' 52" E, a distance of 188.84 feet to the beginning of a tangent curve to the right, having a central angle of 38° 00' and a radius of 360.0 feet, a point for corner; THENCE, around said curve, a distance of 238.76 feet to the end of said curve, a point for corner; THENCE, S 00 33' 08" W, a distance of 420.0 feet to the PLACE OF BEGINNING and containing 10.900 acres of land. Exhibit "A", Page 5 DON A TIPTON, INC. `0L 199fiF.-.1937 CONSULTING ENGINEERS 6330 Belt'Line Road Suite C Garland, Texas 75043 (214) 226-2967 FIELD NOTES TRACT 6 SINGLE FAMILY RESIDENTIAL ZONING (R-5) BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the centerline of Malone Road (a 60' R.O.W.), said point being N 00 10' 10" W, a distance of 1044.32 feet, along the said Malone Road centerline, from the projected North line of FM 2170 (Main Street), a point for corner; THENCE, S 890 49' 50" W, a distance of 151,45 feet to the beginning of a tangent curve to the right having a central angle of 26° 27' 33" and a radius of 636.00 feet,,a point for corner; THENCE, -around said curve, a distance of 293.70 feet to the end of said curve and to the beginning of a reverse tangent curve to the left having a central angle of 26° 28' 26" and a radius of 369.00 feet, a point for corner; THENCE, around said reverse curve, a distance of 170.50 feet to the end of said curve, a point for corner; THENCE, S 89° 48' 57" W, a distance of 483.58 feet to the beginning of a tangent curve to the left having a central angle of 900 00' and a radius of 56.0 feet, a point for corner; THENCE, around said curve, a distance of 87.96 feet to the end of said curve, a point for corner; THENCE, S 0° 11' 03" E, a distance of 258.44 feet to the beginning of a tangent curve to the left having a central angle of 37" 15' 49" and a radius of 428.55 feet, a point for corner; THENCE, -around said curve,a-distance of 278.72 feet to the end of said curve, a point for corner; THENCE, -S 370 26' 52" E, a distance of 188.84 feet to the beginning of a tangent curve to the right having a central angle of 380 00' and a radius of 81.45 feet, a point for corner; THENCE, -around said curve, a distance of 54.02 feet to the end of said curve, a point for corner; THENCE, N 890'26' 52" W, a distance of 34.45 feet to a point for corner; THENCE, S 0°.33' 08" W, a distance of 3.66 feet to a point for corner; Exhibit "A". Paae 6 ` , ► U 1729 PAGE TWO TRACT 6 VOL 1996,. X938 THENCE, N 89° 26' 52" W, a distance of 298.32 feet to a point for corner; THENCE, N 890 51' 30" W, a distance of 1399.61 feet to a point on the Easterly line of the First Baptist Church of Allen 4.0 acre tract, a point for corner; THENCE, N 00 15' 49" W, along the said First Baptist Church of Allen 4.0 acre tract Easterly line, a distance of 456.76 feet to the Southeast corner of Timber Bend - First Increment, a point for corner; THENCE, N 0° 10' 07" W, along the Easterly line of said Timber Bend -First Increment, a distance of 137.24 feet to a point for corner; THENCE, S 89° 51' 30" E, a distance of 914.84 feet to a point for corner; THENCE, N 0° 11' 03" W, a distance of 65.20 feet to the beginning of a tangent curve to the right having a central angle of 90° 00' and a radius of 655.70 feet, a point for corner; THENCE, around said curve, a distance of 1029.97 feet to the end of said curve, a point for corner; THENCE, N 890 48' 57" E, a distance of 89.67 feet to a point for corner; THENCE, S 06 01' 07" W, a distance of 0.29 feet to a point for corner; THENCE, N 890 48' 57" E, a distance of 993.40 feet to a point in the said Malone Road centerline, -a point for corner; THENCE, -S 0° 10' 10" E, along said Malone Road centerline, a distance of 704.84 feet to the PLACE OF BEGINNING and containing 46.048 acres of land. Exhibit "A", Page 7 It t von 1996IVV;L939 DON A TIPTON, INC. ~J ` CONSULTING WIldERS t 1,34N 6330 Belt Line'Road Suite C Garland, Texas 75043 (214) 226-2967 ti £` -- - --. ya FTFI n NnTFC .,, TRACT 7 SINGLE FAMILY RESIDENTIAL ZONING (R-4) BEING a tract of land situated in the Peter Fisher Survey, Abstract No. 324, City of Allen, Collin County, Texas, and being more particularly described as follows: COMMENCING at a point in the centerline of Malone Road (a 60' R.O.W.), said point being N 0° 10' 10" W, a distance of 1749.16 feet, along said Malone Road center- line, from the projected North line of FM 2170 (Main Street), a point for corner; THENCE, S 89° 48' 57" W, a distance of 993.40 feet to a point for corner; THENCE, N 00 01' 07" E, a distance of 0.29 feet to the PLACE OF BEGINNING, a point for corner; THENCE, S 890 48' 57" W, a distance of 89.67 feet to the begining of a curve to the left having a central angle of 90° 00' and a radius of 655.70 feet, a point for corner; THENCE, around said curve, a distance of 1029.97 feet to the end of said curve, a point for corner; THENCE, S 00 11' 03" E, a distance of 65.20 feet to a point for corner; THENCE, N 89° 51' 30"W, a distance of 914.84 feet to a point on the East line of Timber Bend - First Increment, a point for corner; THENCE, N 00 10' 07" W, along said Timber Bend - First Increment East line, a distance of 1592.76 feet to the Southwest corner of Country Meadow - Phase One, a point for corner; THENCE, N 89° 44' 02" E, along the Country Meadow - Phase One South line, a distance of 1662.88 feet to a point for corner; THENCE, S 0° O1' 07" W, a distance of 879.45 feet to.the PLACE OF BEGINNING and containing 50.700 acres of land. Ti 3 S_V E Exhibit "A", Page 8 FILED 06 4 2 4'0 Asea OCT 12 PSI 12: 04 HELEN gCOLLIN LUtIT'. itx1S YcUET BY DEPUTY _awtur icf,mJ uuu11111 ul ii'ad on the Cate and tire stzr,ped LercW1 G; t, .d was duly recorded in the volar^ errd "^,T {, ;r tha mmad records Qrr,..£J ix -cn by me. f •tip :*`tCOL'P:TY CLERK, Collin County, Texas CITY SECRETARY City of Allen 1 Butler Circle Allen, Texas 75002 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 X1X (X>RC.X WEM, 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 Notice of Public Hearing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on July 30, 1984 and which was issued on jiiiv -3n, 1984 , by City of Allen of Collin County, Texas. iA printed copy of said publication is attached heret . SUBSCRIBED AND SWORN to before me this 7thday of A u g u s t , A. 19 84 Notary Public in and for ollin County, Texas Publisher's Fee $ Dianne Kerr Commission Expires 10/14/87 CITY OF ALLEN NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Coun- cil at their regular meeting on Thursday, August 16, 1984, at 7:30 p.m: - in, the Council Chambers of the Allen Municipal Anneic, One Butler Circle; Allen, Texas, will conduct a Public Hearing to con- sider establishing per- manent zoning, 6f Plann- ed Development (PD) on approximately 138 acres as requested by Bass Development Company. Tfifs l r6t uest 'for per- manent. zoning to coir- ] cide with annexation is on 138± acres located in the Peter Fisher Survey, Abstract No. 324, Collin County, Texas, being fur- theY4 described as located at,fhe northwest corner 'of the ,intersec- tion of `F:Mr'2170 and Malone Road. Zoning districts requested are R-5, (Residential), R-4 (Residential), •0'.(Off ire), LR (Local ,Retail), MF (Multi -Family), and TH _i I (Townhoyse). These zon- ingdlstricts have been + req uesfed t tb, .be con- J� , sidered with -voluntary deed restrictions on the entire tract. , ;. A'nygn`e w shng to speak"; either -FOR or AGAINST this request is invited ,to attend this public hearing'and voice their -opinion. If further information istrieeded, call -the Allen Municipal.I _ Annex, Department' of Com- munity Development, at 7270917,1 :or 424-7518 (metro)'and refer to Zon- ing Case No. Z6-28.84.1. .� Marty Hendrix City Secretary (Published in The Allen American on Monday, July 30, 1984.) 3 5'