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Home My WebLink AboutR-557-10-84RESOLUTION NO. 557-10-84 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS. ADOPTING CERTAIN VOLUNTARY DEED RESTRICTIONS ON APPROXIMATELY 49.883 ACRES OF LAND LOCATED WEST OF TIMBERBEND ADDITION, SOUTH OF REED PARK, - AND EAST OF THE FOUNTAIN PARK ADDITION, 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 for the City of Allen, Collin County, Texas has reviewed certain voluntary deed restrictions on approximately 49.883 acres located West of Timberbend Addition, South of Reed Park, and East of the Fountain Park Addition; and, WHEREAS, the Planning and Zoning Commission has recommended to the 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: J Section 1. The City of Allen does hereby adopt the attached deed restrictions volunteered by the owner of approximately 49.883 acres of land located West of Timberbend Addition, South of Reed Park, and East of the Fountain Park Addition. 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 City Council of the City of Allen, Collin County, Texas, this 18th day of OCTOBER , 1984. Ordinance No. 5 5 7 -10 - 8 4 (R T- Page 1 APPROVED: ATTEST: n\ a6tm. "�' ��W L-,4-* Marty Hendrix, tity Secretary APPROVED AS TO FORM: A. Don Crowder, City Attorney Ordinance No. 557-10-84(R) - Page 2 Attachment to Resolution No. 557-10-84(R), adopted 10-18-84 t DEED RESTRICTIONS 6Q0x20#41 lS 9 S9 7 THE STATE OF TEXAS KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN That the undersigned, Stephen L. Goodman, is the owner of the following described property situated in Collin County, L 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 a part of that tract of land described in a deed to L. C. Richards, as recorded in Volume 291, Page 176 in the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at the Southwest corner of Fountain Park East Installment No. 2 as recorded in Volume B, Page 398, Plat Records, Collin County, Texas, an iron stake found for corner; THENCE S 890 48' 56" E, along the South boundary of Fountain Park East Installment No. 2, a distance of 1568.93 feet to an iron stake for corner; THENCE S 40 56' W, a distance of 678.27 feet to an iron stake for corner; THENCE S 300 14' 19" W, a distance of 263.21 feet to an iron stake found for corner; THENCE S 00 09' 39" E, a distance of 577.52 feef to an iron stake for corner; THENCE N 890 52' 16" W, passing at 929.39 feet, the Northeast corner of a 2± acre tract being retained by the L. C. Richards Estate, and continuing a total dis- tance of 1387.56 feet to an iron stake found for corner; THENCE N 00 18' 19" E, passing at 1087.30 feet, the Southeast corner of Fountain Park, Second Section, as recorded in Volume 8, Page 67, Plat Records of Collin County, Texas, and continuing a total distance of 1482.62 feet to the PLACE OF BEGINNING and containing 2,172,915 square feet or 49.883 acres of land. .A < 1 Attachment to Resolution No. 557-10-84(R), adopted 10-18-84 - o 0 That the undersigned, Stephen L. Goodman, does hereby 0 impress all of the following described property with the following deed restrictions, to -wit: "R-5" - Single Family Residential District: The minimum floor area of any dwelling shall be as follows: 50% of the units - sixteen hundred (1,600) square feet; 25% of the units - eighteen hundred (1,800) square feet; 25% of the units - two thousand (2,000) square feet, exclusive of garages, breezeways and porches. 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. These restrictions inure to the benefit of the City of Allen,,7-andtthe undersigned owner hereof does hereby grant to the r 1 1 S j 2 Attachment to Resolution No. 557-10-84(R), adopted 10-18-84 . m City of Allen the right to prosecute, at law and in equity,bob Q against the person violating or attempting to violate such .� restrictions, either to prevent him fr,om so doing and to correct U U 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' •res't'rictions are hereby declared covenants running with the and shall be fully binding upon all persons ",land acquiring`"prope`rty"'."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 19th day of October, 1984. 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 Stephen L. Goodman, 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 &,L4 day of 19 V . -ell ARY PUBLIC in &rYd or Collin County, Texas t" • •G° 808MES. SALTZMAN • M .,�...E 3 '' opt •: �y t 90015 7 1965 Jnr 0 „ HELE! fi" ' C= ;'TATE CF I LXAS COUNTY OF COLLIN t,:,d on the date ar-d time st -iped hereon by ms and utas duly record d In lh^ VVI. mo and VLs of the named records of Collin County, Texas as st-"'P ^ h raon by mL. JAN 1 01985 z5 s'.. COUNTY CLERK. C00", County. TO)= 'V" �- CITY SECRETARY Ma;< MA2 .a W309, City of Allen tb t!:g ~ VW-:� 1 Butler Circle Allen, Texas 75002 0 O i D J �O r Blvd. Rivercreat 0 c EKIBTINO PARK TIMBER SEND S ADDITION 0 FOUNTAIN PARK �r s 5 ADDITION . iCl�%jfpt m W ° r �Ae Mem F M. 2170 Street v D `m L THOROUGHFARE MAP prepared by: prepared for: FOUNTAIN PARK NO. DON A TIPTON CONSULTING ENGINEER SASS OEYELOPMENT BSS. BELT LINE ROAD SUITE C SSEO L B J FRWY SUITE 220 a 11 a n, texas o aoo Boo Ixoo leoo GARLAND, TEXAS 75043 GALLAS, TEXAS 75240 lu SNeR T•Se1 EXISTING RANK I1 1 1 A1RWN LAKI YIVf I 111-1L L LF#_ MAIN FK 21A STREET M11K ! IPpEt•10011. + YM W TIYB{RCRlOR I ± pOPT LCCTION MAP SCALE V-2000' I E I PUP, ONG YM R-5 nER SEND (SINGLE-FAMILY) SAtY YOD( DRNt (40.86 ACRES) 3 IW TMN M MS 2 [PALS. YDOt CR[EXwOOS mI1RT I 1EESt DIIIV[ l CRft1 J w[� WURi O 0 O b wAtDw tRool Ylrc N Brez u w -- IainY CHERRY - -T PROPOSED ZONING FOUNTAIN PARK NO. % allen texas prepared by: DON A TIPTON INC. CONSULTING ENGINEER prepared for. BASS DEVELOPMENT 0 , 2220 BELT LWE ROAD SUITE C SCALE •1 •ND' YT[-SiSA GARLAND, TEXAS 76043 6220 L.B J FRWT, SITE 220 DALLAS,TEII AS TS2A0 100 200 400 400 fu flfet TE6f1 CF '"'""" "" gIIK (COMMUNITY FACILITIES) WIN F. Elm STREET (SINGE MLYII HIVE I I. TI fERDR[E" C0""T a LOCTION MAP SCALE 1'-2000' I iw I RUl" GI[EX SIIrvc R-2 I I DN R feaD (SINGLE FAMILY) ti � 1 DREEN fRooX r+ (PLA E D VELOPMENT) Rrv! I FUD (SINGL Tux n FA I c"EE XwoED LOUR, WE" I ' I frRIN6 MWD DRIVE I w 1 ' 1 c URESTwOOD wEST COwET LE WILLow 6RooR DRIVE N 1!•52 N M ISH 56 R - 2 GB cNERRTRWO CDU6T EXISTING ZONING NE (SINGLE FAMILY) (GENERAL BUSINESS) FOUNTAIN PARK NO. allen, texas !GAIL •1 •IW' DAT -16A prepared by, prepared for DON A. TIPTON INC CONSULTING ENGINEER 6A99 DEVELOFMENT 6330 SELTLINE ROAD SUITE C 5520 L 6 J FRINY. SUITE 220 GARLAND. TEXAS 75043 DALLAS. TEXAS 75240 0 10 200 AO 600 O O O J ae Blvd. Rlvercrest n t EXISTING PARK •� TIMBER SEND ADDITION Z` A''• rN ' -- y4 FOUNTAIN PARK-.•1' ,%q AY}K3 DDITION c m e m tI a� o oc ¢ �Ao Mein F.M. 2170 Street d D d _ L 2 THOROUGHFARE MAP prepared by: prepared for: FOUNTAIN PARK NO. DON A TIPTON CONSULTING ENGINEER BASS DEVELOPMENT /330 BELT LINE ROAD SUITE C SS20 L S J FRWY SUITE 220 0 300 /00 1200 1/00 all a n, texas O AR, AND. TEXAS 75043 DA„AS, TEXAS 7E2 40