O-2136-1-03IM rmfasct�IF3IrrsLsx
' 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 "AO" - AGRICULTURE -OPEN
SPACE DISTRICT TO "CC" — CORRIDOR COMMERCIAL. DISTRICT FOR
45.7381 ACRES IN THE SHADRICK JACKSON SURVEY, ABSTRACT NO. 489,
CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A
REPEALING CLAUSE; PROVIDING A SEVERABILITY 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 of the City of Allen and the governing body of the City
of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given
the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fw
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, as previously amended, should be
amended.
' 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,
Collin County, Texas, be amended by granting a change in zoning from "AO" - Agriculture -Open Space District
to "CC" - Corridor Commercial for 45.7381 in the Shadrick Jackson Survey, Abstract No. 489, City of Allen,
Collin County, Texas.
SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations of the City of Allen, as heretofore amended.
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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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 5. An offense committed before the effective date of this ordinance is governed by prior law and
' the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the
offense was committed and the former law is continued in effect for this purpose.
SECTION 6. Any person, firm or corporation violating any of the provisions or terms of this ordinance shall
be subject to the same penalty as provided form Allen Land Development Code Zoning Regulations as
previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand
Dollars ($2,000) for each offense.
' SECTION 7. This ordinance shall take effect immediately from and after its passage and publication of the
caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly an ordained.
J
DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN
COUNTY, TEXAS, ON THIS THIN 28" DAY OF JANUARY, 2003.
APPROVED:
Stephen Terrell, MAYOR
TO FOAA: ATTEST:
.-ATrnRNFY Shelley B. GcorR
' ACTING
Ordinance No. 2136-1-03, Page 2
EYMrr "A"
EXHIBIT A
PROPERTY DESCRIPTION
BEING all that certain lot, tract or parcel of land situated in the
Shadrick Jackson Survey, Abstract No. 489, in the City of Allen, Collin
County, Texas, being a portion of that certain 45.738 acre tract of
land conveyed to Mixon Investment Co., Inc. (Mixon), and described as
Tract II in the warranty deed recorded in Volume 803, Page 446 of the
Deed Records of Collin County, Texas (DRCCT), and being a portion of a
called public road (not in use), and being more particularly described
by metes and bounds as follows:
BEGINNING at an aluminum Texas Department of Transportation (TxDOT)
disc found in the new southeasterly right-of-way line of State Highway
No. 121 (S.H. 121), in the east line of the aforementioned Mixon 45.738
acre tract and in the west line of a 242.672 acre tract described as
Tract 1 in the warranty deed to Briar Ridge Investments, Inc. (Briar
Ridge) recorded in Volume 3827, Page 186, DRCCT, said TxDOT disc being
the southeast corner of that certain 5.296 acre tract described in the
deed to the State of Texas recorded in Volume 4655, Page 1956, DRCCT
and the southwest corner of that certain 10.257 acre tract described in
the deed to the State of Texas recorded in Volume 4642, Page 1933,
DRCCT, from whence a 3/4" iron rod found in the old southeasterly
right-of-way line of S.H. 121 at the northeast corner of said Mixon
45.738 acre tract and the northwest corner of said Briar Ridge tract
bears N 00*02'17" W--175.03 feet;
' THENCE S 00*02'43" E, with the east line of said Mixon 45.738 acre
tract and the west line of said Briar Ridge tract, 275.01 feet to a
railroad spike found in a tree root for corner;
THENCE S 01*03134" E, continuing with the east line of said Mixon
45.736 acre tract and the west line of said Briar Ridge tract, 1331.60
feet to a 3/4" iron rod found for the southeast corner of said Mixon
45.738 acre tract;
THENCE S 89*10156" W, departing the west line of said Briar Ridge tract
and generally along an undedicated public road called Shadrick Road or
County Road No. 113 (C.R. 113), 1320.18 feet to a 1-1/4" iron pipe
found at the southwest corner of said Mixon 45.738 acre tract, said
iron pipe being in the east line of a called public road (not in use);
THENCE S 85*57'23" W, continuing generally along said C.R. 113, 34.76
feet to a 1/2" iron rod found at the southeast corner of that certain
17.886 acre described in the warranty deed to Mixon Investment Company,
Inc. recorded in Volume 5131, Page 4246, DRCCT, said iron rod being in
the west line of the aforementioned called public road;
THENCE N 00*59'45" W, with the east line of said Mixon Investment
Company, Inc. 17.886 acre tract and the west line of said called public
road, 1040.37 feet to an aluminum Tx DOT disc found at the northeast
corner of said Mixon Investment Company, Inc. 17.886 acre tract in the
new southeasterly right-of-way line of S.H. 121, said T%DOT disc also
being the southeast corner of that certain 5.441 acre tract described
Ordinance No. 2136-1-03, Page 3
in the
deed
to
the
State
of
Texas
recorded
in Volume
4645,
Page
1878,
DRCCT;
Ordinance No. 2136-1-03, Page 3
r
BASIS OF BEARINGS for this exhibit is the monumented east line of that
certain 5.441 acre tract of land conveyed to the State of Texas,
recorded in Volume 4645, Page 1878, Deed Records, Collin County, Texas,
said deed states that the bearings for said 5.441 acres are based on
the Texas State Plane Coordinate System North Central Zone.
Ordinance No. 2136-1-03, Page 4
THENCE N 62*42'29" E, with the new southeasterly right-of-way line of
S.H. 121, 46.98 feet to a 1/2" iron rod with plastic cap stamped NDM
set for corner in the west line of the Mixon 45.738 acre tract, from
whence a 2" pipe found in the old southeasterly right-of-way line of
S.H. 121 at the northwest corner of said Mixon 45.738 acre tract bears
N 00*35'50" W--195.76 feet, said 1/2" iron rod being in the east line
of the aforementioned called public road at the southwest corner of the
aforementioned State of Texas 5.296 acre tract and said 2" pipe being
its northwest corner;
THENCE N 63"'12'32" E, continuing with the new southeasterly right-of-
way line of S.H. 121, 268.41 feet to a 1/2" iron rod with plastic cap
stamped NDM set for corner;
THENCE N 67139120" E, continuing with the new southeasterly right-of-
way line of S.H. 121, 544.72 feet to a 1/2" iron rod with plastic cap
stamped NDM set for corner at the beginning of tangent curve to the
left, said curve having a central angle of 00145'12", a radius of
23,136.26 feet, a tangent distance of 152.09 feet and a chord which
bears N 64116144" E-304.18 feet;
THENCE, continuing with the new southeasterly right-of-way line of S.H.
121, an arc distance of 304.18 feet to a 1/2" iron rod with plastic cap
stamped NDM set for corner;
THENCE N 66154'08" E, continuing with the new southeasterly right-of-
way line of S.H. 121, 306.85 feet to the POINT OF BEGINNING and
containing 43.3599 acres (1,801,637 square feet) of land, more or less,
of which 0.9244 acres (40,268 square feet) lies within the bounds of
the aforementioned called public road.
r
BASIS OF BEARINGS for this exhibit is the monumented east line of that
certain 5.441 acre tract of land conveyed to the State of Texas,
recorded in Volume 4645, Page 1878, Deed Records, Collin County, Texas,
said deed states that the bearings for said 5.441 acres are based on
the Texas State Plane Coordinate System North Central Zone.
Ordinance No. 2136-1-03, Page 4