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HomeMy WebLinkAboutR-759-11-86RESOLUTION NO. 759-11-86 (R) A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ADOPTING CERTAIN VOLUNTARY DEED RESTRICTIONS ON APPROXIMATELY 34.2 ACRES OF LAND LOCATED SOUTH OF STACY ROAD, NORTH OF EXCHANGE PARKWAY, AND EAST OF STATE HIGHWAY 5, 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 34.2 acres located South of Stacy Road, North of Exchange Parkway, and East of State Highway 5; 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: SECTION 1. The City of Allen does hereby adopt the attached deed restrictions volunteered by the owner of approximately 34.2 acres of land located South of Stacy Road, North of Exchange Parkway, and East of State Highway 5. A copy of said deed restrictions is 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 the 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 --E±.h_ DAY OF November , 1986. ATTEST: I Y \n A Marty Hendrix, C ,City Secretary APPROVED: Resolution No. 759-11-86 (R) - Solo Page Attachment to: 2 5 0 8 0 4 3 f Resolution No. 759-11-86 (R) Adopted November 6, 1986 756®1 DEED RESTRICTION THE STATE OF TEXAS § § KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN § That the undersigned, Morris Homes, Inc. and Wilmor Properties, are the owners of the following described two tracts of land in Collin County, Texas: (1) a 22.6394 acre tract of land situated in the J. T. Roberts Survey, Abstract No. 777, and the Henry Wetsel Survey, Abstract No. 1026 of the City of Allen, Collin County, Texas, said tract being all of a 10.631 acre tract of land conveyed to Morris Homes, Inc. from Lawrence N. Wilkins, et ux as recorded on January 17, 1985 in Volume 2052, Page 687 of the Deed Records of Collin County, all of a 2.168 acre tract of land conveyed to Wilmor Properties from Thomas R. Munselle et ux as recorded on September 12, 1984, in Volume 1975, Page 959 of the Deed Records of Collin County, all of a 2.133 acre tract of land conveyed to Wilmor Properties from Raymon M. White, Jr., as recorded in Volume 2004, Page 942 of the Deed Records of Dallas County, all of a 5.474 acre tract of land conveyed to Wilmor Properties from Raymon M. White, Sr., as recorded on October 29, 1984, in Volume 2004, Page 933 of the Deed Records of Collin County, and all of a 2.153 acre tract of land conveyed to Morris Homes, Inc. from Lewis E. Ballew, et ux, as recorded on December 18, 1984, in Volume 2034, Page 890 of the Deed Records of Collin County, said tract also being all of Tracts 2, 3, 5, 19 through 23 and part of Tract 4 of Buckingham Polo Club Estates, an unrecorded plat prepared by Roy E. McDaniel, Jr., Registered Public Surveyor No. 437, and being further described in Exhibit "A" attached hereto; and (2 ) an 11.5248 acre tract of land situated in the J. T. Roberts Survey, Abstract No. 777 of the City of Allen, Collin County, Texas, said tract being all of a 1.912 acre tract of land conveyed to Wilmor Properties from James W. Barrett, et ux as recorded on September 18, 1984, in Volume 1979, Page 57 of the Deed Records of Collin County, all of a 2.18 acre Page 1 of 3 Attachment to: 2.5 '0 8 0 4 4 " R6solution No. 759-11-86 (R) Adopted November 6, 1986 tract of land conveyed to Morris Homes, Inc. from Walter Arnold Kappus, et al, as recorded on January 23, 1985, in Volume 2055, Page 363, of the Deed Records of Collin County, all of a 2.152 acre tract of land conveyed to Morris Homes, Inc. from John Kappus Enterprises, Inc. as recorded on January 10, 1985, in Volume 2048, Page 282 of the Deed Records of Collin County, all of a 2.363 acre tract of land conveyed to Wilmor Properties from Randall Norwood as recorded on September 12, 1984, in Volume 1975, Page 972 of the Deed Records of Collin County, and all of a 2.931 acre tract of land conveyed to Morris Homes, Inc. from Mahmoud Kayed Alkam as recorded on January 23, 1985, of the Deed Records of Collin County, said tract also being all of Tracts 13 through 16 and part of Tracts 10 and 11 of Buckingham Polo Club Estates, an unrecorded plat prepared by Roy E. McDaniel, Jr., Registered Public Surveyuor No. 437, and being further described in Exhibit "A" attached hereto. That the undersigned, Morris Homes, Inc. and Wilmor Properties, do hereby impress all of the above described property with the following deed restriction to -wit: The maximum density on the herein described property shall not exceed 3.9 dwelling units per acre or a total of one hundred thirty-three (133) dwelling units. 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. 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 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. Page 2 of 3 Attachment to: 25-08 0 4 5 Resolution No. 759-11-86 (R) Adopted November 6, 1986 This restriction inures 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 restriction, either to prevent him from so doing or 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 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 THE 41^ DAY OF 1986. By: Mr. Bennda for Morris Hanes, Inc. and Wilmor Properties THE STATE OF TEXAS § COUNTY OF COLLIN § BEFORE ME, a Notary Public, on this day personally appeared TOM BENNEPT, known to me to be the person and officer whose name is subscribed to the foregoing instrument and acknowledged to me that the same was the act of the said Morris Homes, Inc. and Wilmor Properties, and that he executed the same as the act of such entities for the purposes and consideration therein expressed, arra in capacity therein stated. My Ccnmission Expires: j- 3-'�j t -A Notary lic in and for Collj-nkCounty, Texas Page 3 of 3 Attachment to: 46 Resolution No. 759-11-86 (R) �'� $ 0 Adopted November 6, 1986 EXHIBIT "A" WILMOR PROPERTIES MORRIS HOMES, INC. 22.6394 ACRES BEING a tract of land situated in the J. T. Roberts Survey, Abstract No. 777 arra the Henry Wetsel Survey, Abstract No. 1026 of the City of Allen, Collin County, Texas, said tract being all of a 10.631 acre tract of land conveyed to Morris Homes, Inc. from Lawerence N. Wilkins, et ux as recorded on January 17, 1985 in Volume 2052, Page 687 of the Deed Records of Collin County, all of a 2.168 acre tract of land conveyed to Wilmore Properties from Thomas R. Munselle et ux as recorded on September 12, 1984 in Volume 1975, Page 959 of the Deed Records of Collin County, all of a 2.133 acre tract of land conveyed to Wilmor Properties from Raymon M. White, Jr., as recorded in Volume 2004, Page 942 of the Deed Records of Dallas County, all of a 5.474 acre tract of land conveyed to Wilmor Properties from Raymon M. White, Sr., as recorded on October 29, 1984 in Volume 2004, Page 933 of the Deed Records of Collin County and all of a 2.153 acre tract of land conveyed to Morris Homes, Inc. from Lewis E. Ballew, et ux as recorded on December 18, 1984 in Volume 2034, Page 890 of the Deed Records of Collin County, said tract also being all of Tracts 2, 3, 5, 19 through 23 and part of Tract 4 of Buckingham Polo Club Estates, an unrecorded plat prepared by Roy E. McDaniel, Jr., Registered Public Surveyor No. 437, and being more particularly described as follows: COMMENCING at a point on the easterly right-of-way line of State Highway 5 (100 foot R.O.W.), said point being the most westerly northwest corner of a 71.015 acre tract of land conveyed to David A. Witts from H. K. Shelton et ux as recorded on June 5, 1963 in Volume 617, Page 508 of the Deed Records of Collin County; THENCE South 89 deg 49 min 00 sec East, 691.90 feet to the POINT OF BEGINNING; THENCE South 89 deg 49 min 00 sec East, 955.00 feet to a point for corner; THENCE South 00 deg 11 min 00 sec West, 541.62 feet to a point for corner; THENCE West, 587.06 feet to a point for corner, THENCE South, 526.35 feet to a point for corner; THENCE West, 825.54 feet to a point for corner, THENCE North 00 deg 27 min 00 sec East, 696.85 feet to a point for corner; THENCE along a curve to the right, said curve having a central angle of 29 deg 12 min 36 sec, a radius of 191.88 feet and an arc length of 97.82 feet, said curve also having a chord bearing of South 74 deg 56 min 42 sec East, for a chord distance of 96.77 feet to the point of tangent; THENCE South 60 deg 20 min 24 sec East, 243.71 feet to the point of curvature; THENCE along a curve to the left, said curve having a central angle of 29 deg 39 min 37 sec, a radius of 188.84 feet and an arc length of 97.76 feet, said curve also having a chord bearing of South 75 deg 10 min 12 sec East, for a chord distance of 96.67 feet to the point of tangent; THENCE East, 53.45 feet to a point for corner, THENCE North 00 deg 11 min 00 sec East, 544.68 feet to the POINT OF BEGINNING,I and containing 22.6394 acres of land. Page 1 of 2 Attachment to: A7 Resolution No. 759-11-86 (R) Adopted November 6, 1986 EXHIBIT "A" WILMOR PROPERTIES MORRIS HOMES, INC. 11.5248 ACRES BEING a tract of land situated in the J. T. Roberts Survey, Abstract No. 777 of the City of Allen, Collin County, Texas, said tract being all of a 1.912 acre tract of land conveyed to Wilmor Properties from James W. Barrett, et ux as recorded on September 18, 1984 in Volume 1979, Page 57 of the Deed Records of Collin County, all of a 2.18 acre tract of land conveyed to Morris Homes, Inc. from Walter Arnold Kappus, et al as recorded on January 23, 1985 in Volume 2055, Page 363 of the Deed Records of Collin County, all of a 2.152 acre tract of land conveyed to Morris Homes, Inc. from John Kappus Enterprises, Inc. as recorded on January 10, 1985 in Volume 2048, Page 282 of the Deed Records of Collin County, all of a 2.363 acre tract of land conveyed to Wilmor Properties from Randall Norwood as recorded on September 12, 1984 in Volume 1975, Page 972 of the Deed Records of Collin County, and all of a 2.931 acre tract of land conveyed to Morris Homes, Inc. from Mahmoud Kayed Alkam as recorded on January 23, 1985 of the Deed Records of Collin County, said tract also being all of Tracts 13 through 16 and part of Tracts 10 and 11 of Buckingham Polo Club Estates, an unrecorded plat prepared by Roy E. McDaniel, Jr., Registered Public Surveyor No. 437, and being more particularly described as follows: BEGINNING at the northeast corner of a 71.015 acre tract of land conveyed to David A. Witts from H. K. Shelton et ux as recorded on June 5, 1963 in Volume 617, Page 508 of the Deed Records of Collin County; THENCE South 00 deg 01 min 00 sec East, 778.11 feet to a point for corner; THENCE North 64 deg 26 min 18 sec West, 468.23 feet to a point for corner; THENCE South 24 deg 56 min 11 sec West, 124.82 feet to a point for corner; THENCE North 90 deg 00 min 00 sec West, 22.36 feet to a point for corner; THENCE South 17 deg 34 min 30 sec East, 552.12 feet to a point for corner; THENCE North 90 deg 00 min 00 sec West, 243.09 feet to a point for corner; THENCE North 00 deg 20 min 55 sec East, 526.36 feet to a point for corner; THENCE North 90 deg 00 min 00 sec West, 66.63 feet to a point for corner; THENCE North 00 deg 11 min 00 sec East, 540.21 feet to a point for corner; THENCE South 89 deg 49 min 00 sec East, 99.56 feet to a point for corner, THENCE North 00 deg 11 min 00 sec West, 161.86 feet to a point for corner; THENCE South 88 deg 40 min 00 sec East, 536.34 feet to the POINT OF BEGINNING, and containing 11.5248 acres of land. r .I ANY PROVISION HEREIN WHICH RESTRICTS THE SALE, RENTAL OR USE OF THE DESCRIBED REAL PROPERTY BECAUSE OF COLOR OR RACE IS INVALID AND UNEN- FORCEABLE UNDER FEDERAL LAW. Page 2 of 2 e 1 ara t� 5 i Ff - 1985NOY26 �' ?2 HELEN Sit, ["qct f"Ear rot 1_fMLCn.`kTY,TC.?,',y ,STATE OF TEXAS COUNTY OF COLLIN Fined nn the dote and tine stamped `ereon by me and was r dulyr.:crded n the volume and page of the named records a' C *V e4s a •time; a hereon by me. DEC 0 1 86 COUNTY CLERK. Collin County, Texas r � � CITY SECRETARY City of Allen 1 Butler Circle , Allen, Texas 75002 �'