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Home My WebLink AboutO-2730-4-08ORDINANCE NO. 2730-4-08 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM "A -O^ AGRICULTURE OPEN SPACE TO "CF" COMMUNITY FACn XnES ON 2.80321 ACRES OF LAND IN THE JJL GOUGH SURVEY, ABSTRACT NO. 347, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A," ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABHXFY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the Ordinances of the City of Allen, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a 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 the Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, should be further amended as follows: ' NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as amended, is hereby further amended by granting a change in zoning from "A-0 "Agriculture Open Space to "CF' Community Facilities on 2.80323 acres of land in the J.H. Gough Survey, Abstract No. 347, City of Allen, Collin County, Texas, and being further described in Exhibit "A," attached hereto, and being made a part hereof for all purposes. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code of the City of Allen, Texas. SECTION 3. 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Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said Ordinances not in conflict herewith shall remain in full force and effect. SECTION 4. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance or of the Allen Land Development Code, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said Ordinance or the Allen Land Development Code, as amended hereby, which shall remain in full force and effect. SECTION & An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and ' the former law is continued in effect for this purpose. SECTION6. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the more penalty as provided for in the Allen Land Development Code, as amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense, ' and each and every day such violation shall continue shall be deemed to constitute a separate offense. 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. C DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 22ND DAY OF APRH., 2008. APPROVED: Stephe Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Meter G. Smith, C92 ATTORNEY Shelley B. Georg , tRMC, CITY 49CRETARY Ordinance No. 2730-4-08, Page 2 EXHIBIT A CITY OF ALLEN, TEXAS ' FIRE STATION NO. 5 DESCRIPTION BEING A 2.8032 ACRE TRACT OF LAND IN THE J.H. GOUGH SURVEY, ABSTRACT NO. 347, CITY OF ALLEN, TEXAS, BEING OUT OF A CALLED 119.19 ACRE TRACT OF LAND AS DEEDED TO MARY MCDERMOTT AND RECORDED IN VOLUME 790, PAGE 796 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS, (DRCCT), AS SHOWN ON THE ATTACHED EXHIBIT "A", AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: The POINT OF BEGINNING is a half inch iron rod found for the southeast comer of said McDermott tract, being the southwest comer of a -tract of land as deeded to John L. Roach, ETUX,_ and recorded in volume 5393, page 6292, DRCCT, and being on the north line of the right of way for McDermott Drive; THENCE North 89°47'45" West, with the south line of said McDermott tract, being the north line of said right of way, a distance of 387.26 feet to a point near the center of a drainage Swale; THENCE generally with the centerline of said drainage Swale the following nine courses and distances; 1. THENCE North 0012'15" East, a distance of 11.53 feet to a point; 2. THENCE North 11005'37" East, a distance of 128.22 feet to a point; 3. THENCE North 55°35'12" East, a distance of 130.61 feet to a point; 4. THENCE North 30°36'17" West, a distance of 108.69 feet to a point; 5. THENCE North 10052'08" East, a distance of 115.46 feet to a point; 6. THENCE North 8003242" East, a distance of 58.02 feet to a point; 7. THENCE South 37055'55" East, a distance of 54.62 feet to a point; ' 8. THENCE South 77°44'36" East, a distance of 109.45 feet to a point; Page 1 of 3 Ordinance No. 2730-408, Page 3 ' 9. THENCE North 87025'51" East, a distance of 74.25 feet to a point on the east line of said McDermott tract, being the west line of said Roach tract; 1 1 THENCE South 02°34'09" East, with said common line, a distance of 366.39 feet to the POINT OF BEGINNING and containing 2.8032 acres of land. ohn F. Wilder, RPLS 428` Date Page 2 of 3 Ordinance No. 2730-4-08, Page 4 I 1 LOCATION MAP .U.. NARY mwmou 1Q 79q PG 296 PARfFL 4 G(tE0 119.19 ACRES AKY 19A N 00'12'15" 11.53' 100 0 100 200 scale eet 1" = t00' N 80.32'42" E 58.02' —S 3255'55" E ••�54.62' W ✓✓✓ ` N8725 51 "E `�S :jj44 36` 74.25' Tos 4s GOA SJ�(t 3A1 J� Io AMW L ROACH, CMX 260.22 AG �m IKr. 5J9,T PO. 6292 u CAl lm J26966 AMES ARM 1992 'u .. •"" N 6547'45" W POB. 387.26' •�"•�"" ;.s.E. McDERMOTT DRIVE NOTES 'SUR�I I. BEARING ARE BASED ON TEXAS STATE PLANE COORDINATE SYSTEM, NORTH CENTRAL ZONE 4202. 2. NO SEARCH WAS MADE FOR EASEMENTS OF RECORD. CERTIFICATION — THIS SURVEY SUBSTANTIALLY COMPLIES WITHTHE CURRENT o W2 Engineers, Inc. TEXAS SOCIETY OF PROFESSIONAL SURVEYORS STANDARDS AND `� R �s� esm�o, a n° SPECIFICATIONS FOR CATEGORY 18, CONDITION If SURVEY PER r JB[M crE"T- , — THE "MANUAL OF PRACTICE FOR LAND SURVEYING IN THE manila fte0 STA TEXAS" (JUNE 2005). y� w EXHIBIT •A• /,l�7'l70oo z ALLEN FIRE STATION NO. 5 OHN F. WILDER, R.P.L.18OU17 ARY SURVEYS., 4285 DATE x 2.8032 ACRES CITY OF ALLEN PAGE 3 OF 3 Ordinance No. 2730-4-08, Page 5