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Home My WebLink AboutR-595-3-85RESOLUTION NO. 595-3-85(R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING CERTAIN VOLUNTARY DEED RESTRICTIONS ON APPROXIMATELY 27 ACRES OF LAND LOCATED AT THE NORTHEAST CORNER OF MALONE ROAD AND PROPOSED BETHANY 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 Tract 3, Zoned "R -41T, (Residential) on approximately 27 acres located at the northeast corner of the intersection of Malone Road and proposed Bethany Road; 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 ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. The City of Allen does hereby adopt the attached deed restrictions volunteered by the owner of Tract 3, Zoned "R-4", (Residential) on approximately 27 acres of land located at the northeast corner of Malone Road and proposed Bethany 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. /Ordinance No. 5 9 5- 3- 8 5 (R) - Page 1 DULY PASSED by the City Council of the City of Allen, Collin County, Texas, this the 21st day of MARCH , 1985. APPROVED: `1 '� �A.:Vi' �..�:. ATTEST: r -n " t , L�%, Marty Hendrix, Ci6y Secretary APPROVED AS TO FORM: A. Don owder, City Attorney Ordinance No. 595-3-85(R) - Page 2 Consulate General of the) United States of America) SS: at Hong Kong ) On this 30th day of April , 19 85, before me, Laura R. Luftig , Vice Consul of the United States of America at Hong Kong, duly commissioned and qualified, personally appeared Daniel Yip , known to me to be the Secretary of Terra Investments, Inc. ---=----------- --------------------- , that executed the within instrument and known to me to be the person who executed the within instrument on behalf of the corporation therein named, and acknowledged to me that such corporation executed the same. IN WITNESS WHEREOF I have hereunto set my hand and offidial seal the day and year last above written. T* doccant Consists of L gag", a& by t* •ffiM04 : Lain. Truf t ig' J American Vice Consul r r DEED RESTRICTION THE STATE OF TEXAS * KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN That the undersigned, Terrra Investments, Inc. is the Owner of the following described property situated in Collin County, Texas, being in. particular a tract of land out of the William Snyder Survey, Abstract #821, and being a resurvey of a called 76.188 acre tract, conveyed from the Corporation for Economic Analysis of Real Estate Investment to A. N. D. Limited Partnership be deed dated January 25, 1980, Volume 1230, page 244 of the Deed Records of Collin County, Texas and being more particularly described by metes and bounds as follows: Field notes applicable to the individual tract as described in the attached hereto as Exhibit "A". That the undersigned, Terra Investments, Inc. does hereby impress all of the following described property with the following deed restriction, to -wit: Tract 3 as per attached hereto as Exhibit "B". The minimum floor area for all dwelling units exclusive of garages, breezeways and porches, shall be 1600 square feet. This restriction 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. 1 This restriction 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 restriction contained herein is not in any manner intened 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. This restriction 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 the restriction, 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 the restriction described herein is fully complied with. This restriction is hereby declared a covenant 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 restriction and covenant. EXECUTED this the30th day of April 19 85• Daniel Yip Secretary K EXHIBIT "A" BEGINNING at an iron rod at the southwest corner of said Snyder Survey and the southwest corner of said 76.188 acre tract at the intersection of two public roads; THENCE: N 0 31' W 2465.95 feet along the west line of said Snyder Survey and along a public road to an iron rod for corner; THENCE: N 89 55' E passing steel fence posts set in concrete at 18.35 feet and 1328.4 feet, continuing for a total distance of 1553.11 feet to an iron rod for corner at a fence corner post; THENCE: S 0 11' W 1324.00 feet part of the way along and near a fence line and turnrow to an iron rod for corner; THENCE: N 89 52' W 429.15 feet along and near a turnrow to an iron rod for corner; THENCE: S 0 32' E 1,145.17 feet along and near a turnrow to an iron rod in the south line of said Snyder Survey and in a public road; THENCE: DUE WEST 1108.14 feet along the south line of said Snyder Survey and along a public road to the POINT OF BEGINNING and containing 76.017 acres of land more or less a portion of which lies within said public road, leaving 74.797 acres net more or less, and being subject to a power line along said public road on the west side of the herein above described 76.017 acre tract. O Q O Q w z 0 J Q r s H 3 04- L R LR Exhibit "B" --�— X00 � sc• c JS'� S.JL ..� �...._.. � �... ..� .� .._.. R2- '' - T _ S Acres TRACT S '• >=��>C=aaa;a =� ssa as �• 1 I� R3 _ TRACT 4 p 25 Acres I d I h I I, 3 N h I R4 I TRACT 3 1 27 Acres I H W5114 421.13 •- • r n v- w T H I' $ TRACT 2 11.79 Acres TRACT 1 6 Acres Or 261,360 11 I I� Sq. Feetll BET 11ANY ROAD tUE wEST 1100.141 P z. I I II R3 to TRACT 4 I O d I I h Al I �3 �g 1I S�* N JSe 0 c%�6�o R4 % , I, I4`S e TRACT 3 J � 0 i�11 e�1"S2'W 4=1.15' 3 8� g Z I T H i; h TRACT 2 LR I� TRACT 1 II I 11 II - - - - - - .00/ J BETHANY ROAD vuE MEA 1106.141 — DRINKLEY DRINKLEY G SARGENT, INC. A Brinkley b Brhft Co""" 380 Two Lwwo1n Ce Wfe 5420 L BJ F reewry Danas Texas 75240 214 950.8900 LR 6ACRES TH 11.79 ACRES SF: 57 ACRES R3 30 ACRES (53%) R4 27 ACRES (474x) DEED RESTRICTED 1600 S.F MIN. HOUSESIZE POT—e, - StG• o r a s 2 Z w OL s cad ct &-cl — R 3 ► is V% o w ,Z 91%u G r G S MAIN ST. (F.M. 2170) O c W r `, Z o SUBJECT c� PROPERTY - —4 BETHANY RD. T N VICINITY MAP