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O-2066-6-02ORDINANCE NO.2066.6.01 ' 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 "R-5" — SINGLE FAMILY RESIDENTIAL. DISTRICT FOR TRACT 1 (63.5 ACRES), "R-6" - SINGLE FAMILY RESIDENTIAL DISTRICT FOR TRACT 2 (47.67 ACRES), "ME -18" — MULTI -FAMILY 18 DISTRICT FOR TRACTS 3 AND 5 (44.60 ACRES), "CC" — CORRIDOR COMMERCIAL. DISTRICT FOR TRACT 4 (37.74 ACRES), AND "TH" — TOWNHOUSE DISTRICT FOR TRACT 6 (19.4 ACRES) FOR 212.8± ACRES IN THE JOHN FYIKE SURVEY, ABSTRACT NO. 325, THE F. C. WH.METH SURVEY, ABSTRACT NO. 999 AND THE L. IG PEGUES SURVEY, ABSTRACT NO. 702, 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 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, as previously amended, should be amended. NOW, THEREFORE, BE TT 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 - Agriculturo-Open Space District for 212.79 acres in the John Fyke Survey, Abstract No. 325, the F. C. Wilmeth Survey, Abstract 999, and the L. K. Pegues Survey, Abstract No. 702, City of Allen, Collin County, Texas, as follows: Tract 1. "R-5" — Single Family Residential District on 63.50 acres; Tract 2. "R-6" — Single Family Residential District on 47.67 acres; Tracts 3 and 5. "MF -18" - Multi -family district on 13.51 and 31.09 acres respectively; Tract 4. "CC" — Corridor Commercial District on 37.74 acres; ' Tract 6. "TH" —Townhouse District on 19.40 acres; and all tracts being further described in Exhibit"A" attached hereto. 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 in corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in 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 so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL. OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 25m DAY OF JUNE 2002. APPROVED: Stephen T ell, MAYOR APPROVED AS TO FORM: ATTEST: lUlfi�.QiY/Yi.tG1lY- Peter G. Smith, CITY ATTORNEY 7 dy M % CMC/AAE, CITY SECRETARY Ordinance No. 2066-6-02 Page 2 EXHIBIT "A" TRACT 1 (R5 ZONING) Situated in Collin County, Texas, a part of the John Fyke Survey, Abstract No. 325 and being part of an 80 acre tract as described in a deed from W.M Marion et ux to Mrs. Mary Ella Jones, dated August 1, 1919, and recorded in Volume 227, Page 24 of the Collin County Deed Records and being more particularly described by metes and bounds as follows; COMMENCING at an iron stake at the Northwest comer of a 96.38 acre tract as described in a Quit -Claim Deed from W. H. Bush, Jr., et al to Louise Jones Boynton, et al and dated April 11, 1967 and recorded in Volume 689, Page 540 of the Collin County Deed Records at the Northwest comer of the L.K. Pegues Survey, said stake being in the center line intersection of two public roads; THENCE, North 89 Degrees 48 Minutes East with the north line of said 96.38 acre tract a distance of 748.6 feet to a stake in the centerline of Cottonwood Creek and being the Northeast comer of the said 96.38 acre tract; THENCE m a southerly direction downstream with the center line meanders of said creek and along the east line of the said tract as follows: South 00 Degrees 12 Minutes East, 15.0 feet; South 80 Degrees 23 Minutes East, 113.0 feet; South 03 Degrees 45 Minutes West, 395.0 feet; South 40 Degrees 30 Minutes West, 110.0 feet; South 05 Degrees 30 Minutes West, 202.0 feet; South 39 Degrees 00 Minutes East, 257.0 feet; South 63 Degrees 00 Minutes East, 200.0 feet; South 40 Degrees 00 Minutes East, 100.0 feet; South 51 Degrees 00 Minutes East, 423.0 feet; South 24 Degrees 25 Minutes East, 162.0 feet; South 11 Degrees 25 Minutes East, 208.0 feet; South 40 Degrees 30 Minutes West, 117.0 feet; South 51 Degrees 00 Minutes West, 140.0 feet; South 20 Degrees 25 Minutes East, 242.0 feet; South 23 Degrees 00 Minutes West, 347.0 feet; South 04 Degrees 15 Minutes East, 119.0 feet; South 08 Degrees 45 Minutes East, 70.0 feet; South 29 Degrees 00 Minutes East, 172.1feet to an iron stake in the west right of way line of U.S. Highway #75; THENCE in a southerly direction with the west right of way line of the said Highway as follows; South 32 Degrees 31 Minutes West, 279.5 feet to a wood right of way marker; South 24 Degrees 01 Minutes West, 194.4 feet to a wood right of way marker; South 31 Degrees 32 Minutes West, 57.3 feet to an iron stake in the south line of said 96.38 acre tract; THENCE South 87 Degrees 01 Minutes West with the south line of the said 96.38 acre tract a distance of 1210.00 feet to an iron stake in the southwest comer thereof, said stake being in the center line of a public road, said stake also being m the east line of a 44.26 acre tract as described in a Quit -Claim Deed from W. H. Ordinance No. 2066-6-02. Page 3 Bush, Jr., et al to Louise Jones Boynton, et al and dated April 11, 1967 and recorded in Volume 689, Page 540 of the Collin County Deed Records and the center line of the said road; ' THENCE South 00 Degrees 11 Minutes West, along the east line of said 44.26 acre tract and the center line of the said road, a distance of 82.00 feet to an iron stake at the most northerly southeast comer of the said tract; THENCE South 89 Degrees 57 Minutes West with the most northerly south line of said 44.26 acre tract a distance of 112.20 feet to an iron stake; THENCE South 00 Degrees 11 Minutes West a distance of 50.00 feet to an iron stake in the most southerly south line of said 44.26 acre tract; THENCE South 89 Degrees 57 Minutes 00 Seconds West, with an established fence line and tum row along the south line of the said 44.26 acre tract a distance of 1934.76 feet to the POINT OF BEGINNING; THENCE South 89 Degrees 57 Minutes 00 Seconds West, continuing with an established fence line and tum row along the south line of the said 44.26 acre tract a distance of 628.24 feet to an iron stake at the southwest comer of said 44.26 acre tract for a comer; THENCE North 00 Degrees 02 Minutes 00 Seconds East, with an established fence line and tum row along the west line of the said 44.26 and 80 acre tracts, a distance of 2055.60 feet to an iron stake at the northwest comer of said 80 acre tract for a comer; THENCE South 89 Degrees 54 Mmutes 00 Seconds East with an established fence line and hedge row along the north line of said 80 acre tract a distance of 2680.00 feet to an iron stake at the northeast corner thereof, said stake being in the centerline of a public road, said stake also being in the west line of said 93.38 acre tract and being the beginning of a non -tangent curve to the left having a central angle of 12 Degrees 51 Minutes 01 Seconds, a radius of 1633.32, and being subtended by a chord which bears South 07 Degrees 11 Minutes 39 Seconds East, a distance of 365.55 feet; THENCE along said curve to the left, departing the centerline of said road and the west line of the said 96.38 acre tract, in a southeasterly direction, an arc distance of 366.32 feet to the end of said curve; THENCE South 77 Degrees 33 Minutes 24 Seconds West, a distance of 204.45 feet to a point for a comer at the beginning of a non -tangent curve to the left having a central angle of 04 Degrees 46 Minutes 08 Seconds, a radius of 1770.00 feet, and being subtended by a chord which bears South 15 Degrees 38 Minutes 13 Seconds East, a distance of 147.28 feet; THENCE along said curve to the left in a southeasterly direction, an arc distance of 147.32 feet to a point for a comer at the beginning of a non -tangent curve to the right having a central angle of 15 Degrees 59 Minutes 35 Seconds, a radius of 523.00 feet, and being subtended by a chord which bears South 82 Degrees 06 Minutes 12 Seconds West, a distance of 145.51 feet; THENCE along said curve to the right in a southwesterly direction, an we distance of 145.99 feet to the end of said curve; THENCE North 89 Degrees 54 Minutes 00 Seconds West, a distance of 91.97 feet to a point for a corner at ' the beginning of a tangent curve to the left having a central angle of 28 Degrees 11 Minutes 53 Seconds, a radius of 1102.00, and being subtended by a chord which bears South 76 Degrees 00 Minutes 04 Seconds West, a distance of 536.89 feet; Ordinance No. 2066.6-02. Page 4 THENCE along said curve to the left in a southwesterly direction, an are distance of 542.35 feet to the end of said curve; ' THENCE North 28 Degrees 47 Minutes 16 Seconds West, a distance of 148.01 feet to a point for a comer at the beginning of a non -tangent curve to the left having a central angle of 32 Degrees 07 Minutes 50 Seconds, a radius of 1250.00, and being subtended by a chord which bears South 45 Degrees 45 Minutes 29 Seconds West, a distance of 691.83 feet; THENCE along said curve to the left in a southwesterly direction, an arc distance of 700.98 feet to the beginning of a non -tangent curve to the right having a central angle of 59 Degrees 45 Minutes 07 seconds, a radius of 445.00 feet, and being subtended by a chord which bears South 60 Degrees 00 Minutes 40 Seconds West, a distance of 443.33 feet; THENCE along said curve to the right in a southwesterly direction, an arc distance of 464.08 feet to the end of said curve; THENCE South 89 Degrees 53 Minutes 14 Seconds West, a distance of 198.07 feet to a point for a corner; THENCE South 00 Degrees 03 Minutes 25 Seconds West, a distance of 264.89 feet to a point for a comer; THENCE South 14 Degrees 42 Minutes 26 Seconds West, a distance of 126.52 feet to a point for a comer; THENCE South 00 Degrees 03 Minutes 25 Seconds West, a distance of 389.89 feet to the PLACE OF BEGINNING and containing 68.50 acres of land, more or less. The foregoing description is a composite description based on the deed to The Key Partnership No. 2, Ltd. recorded in County Clerk's file Number 93-0105764 of the Deed Records of Collin County, Texas. This description is not based on a boundary survey, the basis of bearing is the same as said deed. Save and except the following tract of land; Being a tract of land situated in the John Fyke Survey, Abstract No. 325, City of Allen, Collin County, Texas, and being all of that same tract of land as described in deed to the Texas District the Lutheran Church — Missouri Synod recorded in Volume 2835, Page 13, of the Deed Records of Collin County, Texas (DRCCT), and being more particularly described as follows: BEGINNING at a V inch iron rod found at the intersection of the proposed east line of Watters Road (110 foot right-of-way), with the north line of Raintree Circle (80 foot right-of-way) according to the map thereof, recorded in Volume F, Page 348, of the Map Records of Collin County, Texas; THENCE North 00 degrees 03 minutes 25 seconds East, departing the north line of said Raintree Circle and along the proposed east line of said Watters Road, 350.92 feet to a V: -inch iron rod found; THENCE North 89 degrees 58 minutes 00 seconds East, departing the proposed east line of said Watters Road, along the westerly south line of a tract of land as described in deed to The Key Partnership No. 2, LTD. recorded in Clerk's File No. 93-0105764,573.58 feet to a Y2 -inch iron rod found; THENCE South 00 degrees 03 minutes 25 seconds West, along the southwesterly line of said Key tract, 390.04 feet to a %cinch iron rod found in the south line of said Key tract and the north line of a tract of land as described in deed to Janice B. Brittinghsm recorded in Clerk's File No. 93-0071697; Ordinance No. 2066-6-02. Page 5 �I THENCE South 89 degrees 58 minutes 00 seconds West, along the line common to said Key tract and said Brittingham tract, 331.53 feet to a %s -inch iron rod found in the northerly line of said Raintree Circle, said point lying in a circular curve to the left, having a radius which bears South 15 degrees 55 minutes 00 seconds West, 1,040.00 feet; THENCE northwesterly, along the northerly line of said Raintree Circle and said circular curve to the left, through a central angle of 13 degrees 32 minutes 09 seconds, an we distance of 245.70 feet, and having a chord which bears North 80 degrees 51 minutes 04 seconds West, 245.13 feet to the POINT OF BEGINNING and containing 5.00 acres of land, more or less. Ordinance No. 2066-602, Page 6 TRACT 2 (R6 ZONING) ' PRELBYIINARY LAND DESCRIPTION Situated in Collin County, Texas, a part of the John Fyke Survey, Abstract No. 325 and the L.K. Pegues Survey, Abstract No. 702 and being a part of a 96.38 and a 44.26 acre tract as described in a Quit -Claim Deed from W. H. Bush, Jr., et at to Louise Jones Boynton, et al and dated April 11, 1967 and recorded in Volume 689, Page 540 of the Collin County Deed Records and also being part of an 80 acre tract as described in a deed from W.M Marion et ux to Mrs. Mary Ella Jones, dated August 1, 1919, and recorded in Volume 227, Page 24 of the Collin County Deed Records and being more particularly described by metes and bounds as follows; COMMENCING at an iron stake at the Northwest comer of said 96.38 acre tract at the Northwest corner of the L.K. Pegues Survey, said stake being in the center line intersection of two public roads; THENCE, North 89 Degrees 48 Minutes East with the north line of said 96.38 acre tract a distance of 748.6 feet to a stake in the centerline of Cottonwood Creek and being the Northeast comer of the said 96.38 acre tract; THENCE in a southerly direction downstream with the center line meanders of said creek and along the east line of the said tract as follows: South 00 Degrees 12 Minutes Fast, 15.0 feet; South 80 Degrees 23 Minutes East, 113.0 feet; South 03 Degrees 45 Minutes West, 395.0 feet; South 40 Degrees 30 Minutes West, 110.0 feet; ' South 05 Degrees 30 Minutes West, 202.0 feet; South 39 Degrees 00 Minutes East, 257.0 feet; South 63 Degrees 00 Minutes East, 200.0 feet; South 40 Degrees 00 Minutes East, 100.0 feet; South 51 Degrees 00 Minutes East, 423.0 feet; South 24 Degrees 25 Minutes East, 162.0 feet; South 11 Degrees 25 Minutes East, 208.0 feet; South 40 Degrees 30 Minutes West, 117.0 feet; South 51 Degrees 00 Minutes West, 140.0 feet; South 20 Degrees 25 Minutes East, 242.0 feet; South 23 Degrees 00 Minutes West, 347.0 feet; South 04 Degrees 15 Minutes East, 119.0 feet; South 08 Degrees 45 Minutes Fast, 70.0 feet; South 29 Degrees 00 Minutes East, 172.1feet to an iron stake in the west right of way line of U.S. Highway #75; THENCE in a southerly direction with the west right of way line of the said Highway as follows; South 32 Degrees 31 Minutes West, 279.5 feet to a wood right of way marker; South 24 Degrees 01 Minutes West, 194.4 feet to a wood right of way marker; ' South 31 Degrees 32 Minutes West, 57.3 feet to an iron stake in the south line of said 96.38 acre tract; Ordinance No. 2066-6A2 Page 7 THENCE South 87 Degrees 01 Minutes West with the south line of the said 96.38 acre out a distance of 1210.00 feet to an iron stake in the southwest comer thereof, said stake being in the center line of a public ' road, said stake also being in the east line of said 44.26 acre tract and the center line of the said road; THENCE South 00 Degrees 11 Minutes West, along the east line of said 44.26 acre tract and the center line of the said road, a distance of 82.00 feet to an iron stake at the most northerly southeast corner of the said tract; THENCE South 89 Degrees 57 Minutes West with the most northerly south line of said 44.26 acre tract a distance of 112.20 feet to an iron stake; THENCE South 00 Degrees 11 Minutes West a distance of 50.00 feet to an iron stake in the most southerly south line of said 44.26 acre tract; THENCE South 89 Degrees 57 Minutes West, with an established fence line and tum row along the south line of the said 44.26 acre tract a distance of 2563.00 feet to an iron stake at the southwest comer of said 44.26 acre tract; THENCE North 00 Degrees 02 Minutes East, with an established fence line and tum row along the west line of the said 44.26 and 80 acre tracts, a distance of 1066.82 feet to the POINT OF BEGINNING; THENCE North 00 Degrees 02 Minutes 00 Seconds East, continuing along said established fence line and tum row and along the west line of the said 44.26 and 80 acre tracts, a distance of 665.98 feet to a point for a comer; ' THENCE South 89 Degrees 58 Minutes 00 Seconds East, departing said established fence line and tum row and the west line of the said 44.26 and 80 acre tracts, a distance of 136.36 feet to a point for a corner; THENCE South 62 Degrees 37 Minutes 13 Seconds East, a distance of 194.47 feet to a point for a comer at the beginning of a non -tangent curve to the left having a central angle of 02 Degrees 32 Minutes 50 Seconds, a radius of 824.00 feet, and being subtended by a chord which bears South 25 Degrees 33 Minutes 00 Seconds West, a distance of 36.63; THENCE along said curve to the left in a southwesterly direction an we distance of 36.63 feet to a point for a comer at the beginning of a non -tangent curve to the left having a central angle of 29 Degrees 26 Minutes 48 Seconds, a radius of 898.00 feet, and being subtended by a chord which bears South 74 Degrees 57 Minutes 50 Seconds East, a distance of 456.46; THENCE along said curve to the left in a southeasterly direction an arc distance of 461.52 feet to a point for a comer; THENCE South 89 Degrees 41 Minutes 14 Seconds East, a distance of 756.89 feet to a point for a comer at the beginning of a non -tangent curve to the right having a central angle of 13 Degrees 53 Minutes 25 Seconds, a radius of 1443.00 feet, and being subtended by a chord which bears North 60 Degrees 17 Minutes 44 Seconds East, a distance of 348.97; THENCE along said curve to the right in a northeasterly direction an arc distance of 349.83 feet to a point for a comer; ' THENCE North 00 Degrees 06 Minutes 00 Seconds East, a distance of 391.91 feet to a point for a comer on the north line of said 80 acre tract; Ordinance No. 2066-6-02, Page 8 THENCE South 89 Degrees 54 Minutes 00 Seconds East, along the north line of said 80 acre tract, a distance of 885.43 feet to an iron stake at the northeast corner thereof, said stake being in the centerline of a public ' road, said stake also being in the west line of said 96.38 acre tract; THENCE South 00 Degrees 28 Minutes West with the center line of said road along the west line of the said 96.38 acre tract, a distance of 254.76 feet to a point for a comer at the beginning of a curve to the left having a central angle of 47 Degrees 40 Minutes 25 Seconds, a radius of 1000.00 feet, and being subtended by a chord which bears South 23 Degrees 22 Minutes 13 East, a distance of 808.27 feet; THENCE along said curve to the left, departing the center line of said road and the west line of the said 96.38 acre tract, in a southeasterly direction an arc distance of 832.06 feet to a point for a comer; THENCE South 47 Degrees 12 Minutes 25 Seconds East, 51.25 feet to a point for a comer; THENCE South 42 Degrees 47 Minutes 35 Seconds West, 172.59 feet to a point for a comer at the beginning of a curve to the right having a central angle of 39 Degrees 20 Minutes 21 Seconds, a radius of 500.00 feet, and being subtended by a chord which bears South 62 Degrees 27 Minutes 46 West, a distance of 336.60 feet; THENCE along said curve to the right, in a southwesterly direction an arc distance of 343.30 feet to a point for a comer; THENCE South 82 Degrees 07 Minutes 56 Seconds West, a distance of 253.05 feet to a point for a comer at the beginning of a curve to the right having a central angle of 29 Degrees 30 Minutes 14 Seconds, a radius of 350.00 feet, and being subtended by a chord which bears North 83 Degrees 06 Minutes 57 West, a distance of 178.24 feet; THENCE along said curve to the right, in a northwesterly direction an we distance of 180.23 feet to a point for a comer; THENCE South 04 Degrees 02 Minutes 39 Seconds West, 358.34 feet to a point for a comer at the beginning of a non -tangent curve to the left havng a central angle of 24 Degrees 08 Minutes 12 Seconds, a radius of 750.00 feet, and being subtended by a chord which bears South 81 Degrees 58 Minutes 32 West, a distance of 313.62 feet; THENCE along said curve to the left, in a southwesterly direction an arc distance of 315.95 feet to a point for a comer; THENCE North 20 Degrees 05 Minutes 34 Seconds West, a distance of 216.00 feet to a point for a comer at the beginning of a non -tangent curve to the left having a central angle of 04 Degrees 05 Minutes 57 Seconds, a radius of 966.00 feet, and being subtended by a chord which bears South 67 Degrees 51 Minutes 27 Seconds West, a distance of 69.10 feet: THENCE along said curve to the left, in a southwesterly direction an are distance of 69.11 feet to a point for a comer at the beginning of a non -tangent curve to the left having a central angle of 18 Degrees 05 Minutes 34 Seconds, a radius of 1857.00 feet, and being subtended by a chord which bears North 32 Degrees 52 Minutes 04 Seconds West, a distance of 583.97 feet; ' THENCE along said curve to the left, in a northwesterly dtrection an we distance of 586.40 feet to a point for a corner at the beginning of a non -tangent curve to the left having a central angle of 01 Degrees 32 Minutes O8 Seconds, a radius of 1157.00 feet, and being subtended by a chord which bears South 34 Degrees 00 Minutes 50 Seconds West, a distance of 31.01 feet; Ordinance No. 2066-6-02, Page 9 THENCE South 33 Degrees 14 Minutes 46 Seconds West, a distance of 48.37 feet to a point for a comer at ' the beginning of a curve to the tight having a central angle of 06 Degrees 07 Minutes 15 Seconds, a radius of 643.00 feet, and being subtended by a chord which bears South 36 Degrees 18 Minutes 24 Seconds West, a distance of 68.66 feet; THENCE along said curve to the right, in a southwesterly direction an arc distance of 68.69 feet to a point for a comer at the beginning of a non -tangent curve to the left having a central angle of 32 Degrees 56 Minutes 16 Seconds, a radius of 500.00 feet, and being subtended by a chord which bears North 54 Degrees 18 Minutes 29 Seconds West, a distance of 283.49 feet; THENCE along said curve to the left, in a southwesterly direction an arc distance of 287.44 feet to a point for a comer at the beginning of a non -tangent curve to the right having a central angle of 64 Degrees 43 Minutes 25 Seconds, a radius of 357.00 feet, and being subtended by a chord which bears South 69 Degrees 40 Minutes 53 West, a distance of 382.18; THENCE along said curve to the right, in a southwesterly direction an arc distance of 403.28 feet to a point for a corner at the beginning of a curve to the left having a central angle of 11 Degrees 47 Minutes 49 Seconds, a radius of 893.00 feet, and being subtended by a chord which bears North 83 Degrees 51 Minutes 19 West, a distance of 183.54; THENCE along said curve to the left, in a northwesterly direction an arc distance of 183.87 feet to a point for a comer; THENCE North 89 Degrees 41 Minutes 14 Seconds West, a distance of 327.52 feet to a point for a comer; THENCE North 00 Degrees 14 Minutes 46 Seconds East, a distance of 144.10 feet to a point for a comer; THENCE North 89 Degrees 58 Minutes 00 Seconds West, a distance of 219.89 feet to the PLACE OF BEGINNING and containing 60.24 acres of land, more or less. SAVE AND EXCEPT THE FOLLOWING TRACT OF LAND; Situated in Collm County, Texas, a part of the John Fyke Survey, Abstract No. 325 and the L.K. Pegues Survey, Abstract No. 702, and being a part of a 96.38 acre tract of land as described in a Quit -Claim Deed from W. H. Bush, Jr., et al to Louise Jones Boynton, et al and dated April 11, 1967 and recorded in Volume 689, Page 540 of the Collin County Deed Records 325 and being part of an 80 acre tract as described in a deed from W.M Marion et ux to Mrs. Mary Ella Jones, dated August 1, 1919, and recorded in Volume 227, Page 24 of the Collin County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at an imn stake at the Northwest comer of the said 96.38 acre tract at the Northwest comer of the L.K. Pegues Survey, said stake being in the center line intersection of two public roads; THENCE, North 89 Degrees 48 Minutes East with the north line of said 96.38 acre tract a distance of 748.6 feet to a stake in the centerline of Cottonwood Creek and being the Northeast corner of the said 96.38 acre tract; THENCE in a Southerly direction downstream with the center line meanders of said creek and along the east ' line of the said nut as follows: South 00 Degrees 12 Minutes East, 15.0 feet; South 80 Degrees 23 Minutes East, 113.0 feet; Ordinance No. 2066-6-02, Page 10 South 03 Degrees 45 Minutes West, 395.0 feet; South 40 Degrees 30 Minutes West, 110.0 feet; South 05 Degrees 30 Minutes West, 202.0 feet; ' South 39 Degrees 00 Minutes East, 257.0 feet; South 63 Degrees 00 Minutes East, 200.0 feet; South 40 Degrees 00 Minutes East, 100.0 feet; South 51 Degrees 00 Minutes East, 423.0 feet; South 24 Degrees 25 Minutes East, 162.0 feet; South i l Degrees 25 Minutes East, 208.0 feet; South 40 Degrees 30 Minutes West, 117.0 feet; South 51 Degrees 00 Minutes West, 140.0 feet; THENCE, departing the center line meanders of said creek and the east line of the said tract, South 87 Degrees 47 Minutes 35 Seconds West, a distance of 590.04 feet to a point for a comer; THENCE South 42 Degrees 47 Minutes 35 Seconds West, a distance of 683.94 feet to a point for a corner; THENCE South 79 Degrees 01 Minutes 47 Seconds West, a distance of 243.23 feet to the POENT OF BEGINNING and being the beginning of a non -tangent curve to the right having a central angle of 35 Degrees 32 Minutes 58 Seconds, a radius of 357.00 feet and being subtended by a chord which bears South 64 Degrees 21 Minutes 27 West, a distance of 217.97 feet; THENCE along said curve to the right in a southwesterly direction an arc distance of 221.50 feet to a point for a comer; ' THENCE South 82 Degrees 07 Minutes 56 Seconds West, a distance of 253.05 feet to a point for a comer at the beginning of a curve to the right having a central angle of 83 Degrees 12 Minutes 31 Seconds, a radius of 207.00 feet, and being subtended by a chord which bears North 56 Degrees 15 Minutes 48 Seconds West, a distance of 274.89 feet; THENCE along said curve to the right in a northwesterly direction an arc distance of 300.62 feet to a point for a comer at the beginning of a curve to the left having a central angle of 15 Degrees 48 Minutes 33 Seconds, a radius of 1643.00 feet, and being subtended by a chord which bears North 22 Degrees 33 Minutes 49 Seconds West, a distance of 451.90 feet; THENCE along said curve to the left in a northwesterly direction an arc distance of 453.34 feet to a point for a comer at the beginning of a non -tangent curve to the right having a central angle of 20 Degrees 44 Minutes 48 Seconds, a radius of 1157.00 feet, and being subtended by a chord which bears North 79 Degrees 56 Minutes 22 Seconds East, a distance of 416.66 feet; THENCE along said curve to the right in a northeasterly direction an arc distance of 418.95 feet to a point for a comer; THENCE South 89 Degrees 41 Minutes 14 Seconds East, a distance of 159.77 feet to a point for a comer at the beginning of a non -tangent curve to the left having a central angle of 28 Degrees 09 Minutes 54 Seconds, a radius of 1200.00 feet, and being subtended by a chord which bears South 28 Degrees 33 Minutes 22 Seconds East, a distance of 583.96 feet; ' THENCE along said curve to the left in a southeasterly direction an arc distance of 589.88 feet to the PLACE OF BEGINNING and containing 8.20 acres of land, more or less. The foregoing description is a composite description based on the deed to The Key Partnership No. 2, Ltd. Ordinance No. 2066-6-02 Page 11 1 1 recorded in Comty Clerk's file Number 93-0105764 of the Deed Records of Collin County, Texas. This description is not based on a boundary survey, the basis of bearing is the same as said deed. Ordinance No. 2066.6.02, Page 12 TRACE 3 (MF18 ZONING) PRELIMINARY LAND DESCRIPTION Situated in Collin County, Texas, a part of the John Fyke Survey, Abstract No. 325, and being a part of a 44.26 acre tract as described in a Quit -Claim Deed from W. H. Bush, Jr., et at to Louise Jones Boynton, et al and dated April 11, 1967 and recorded in Volume 689, Page 540 of the Collin County Deed Records and also being part of an 80 acre tract as described in a deed from W.M Marion et ux to Mrs. Mary Ella Jones, dated August 1, 1919, and recorded in Volume 227, Page 24 of the Collin County Deed Records and being more particularly described by metes and bounds as follows; COMMENCING at an iron stake at the Northwest comer of a 96.38 acre tract as described in a Quit -Claim Deed from W. H. Bush, Jr., et al to Louise Jones Boynton, et at and dated April 11, 1967 and recorded in Volume 689, Page 540 of the Collin County Deed Records at the Northwest comer of the L.K. Pegues Survey, said stake being in the center line intersection of two public roads; THENCE, North 89 Degrees 48 Minutes East with the north line of said 96.38 acre tract a distance of 748.6 feet to a stake in the centerline of Cottonwood Creek and being the Northeast comer of the said 96.38 acre tract; THENCE in a southerly direction downstream with the center line meanders of said creek and along the east line of the said tract as follows: South 00 Degrees 12 Minutes East, 15.0 feet; South 80 Degrees 23 Minutes East, 113.0 feet; South 03 Degrees 45 Minutes West, 395.0 feet; South 40 Degrees 30 Minutes West, 110.0 feet; South 05 Degrees 30 Minutes West, 202.0 feet; South 39 Degrees 00 Minutes East, 257.0 feet; South 63 Degrees 00 Minutes East, 200.0 feet; South 40 Degrees 00 Minutes East, 100.0 feet; South 51 Degrees 00 Minutes East, 423.0 feet; South 24 Degrees 25 Minutes East, 162.0 feet; South 11 Degrees 25 Minutes East, 208.0 feet; South 40 Degrees 30 Minutes West, 117.0 feet; South 51 Degrees 00 Minutes West, 140.0 feet; South 20 Degrees 25 Minutes East, 242.0 feet; South 23 Degrees 00 Minutes West, 347.0 feet; South 04 Degrees 15 Minutes East, 119.0 feet; South 08 Degrees 45 Minutes East, 70.0 feet; South 29 Degrees 00 Minutes East, 172.1feet to an iron stake in the west right of way line of U.S. Highway #75; THENCE in a southerly direction with the west right of way line of the said Highway as follows; South 32 Degrees 31 Minutes West, 279.5 feet to a wood right of way marker; South 24 Degrees 01 Minutes West, 194.4 feet to a wood right of way marker; ' South 31 Degrees 32 Minutes West, 57.3 feet to an iron stake in the south line of said 96.38 acre tract; Ordinance No. 2066-6-02 Page 13 THENCE South 87 Degrees 01 Minutes West with the south line of the said 96.38 acre tract a distance of 1210.00 feet to an iron stake in the southwest comer thereof, said stake being in the center line of a public ' road, said stake also being in the east line of said 44.26 acre tract and the center line of the said road and the POINT OF BEGINNING; THENCE South 00 Degrees 11 Minutes West, along the east line of said 44.26 acre tract and the center line of the said road, a distance of 82.00 feet to an iron stake at the most northerly southeast comer of the said tract for a comer; THENCE South 89 Degrees 57 Minutes West with the most northerly south line of said 44.26 acre tract a distance of 112.20 feet to an iron stake for a comer; THENCE South 00 Degrees 11 Minutes West a distance of 50.00 feet to an iron stake in the most southerly south line of said 44.26 acre tract for a comer; THENCE South 89 Degrees 57 Minutes West, with an established fence line and tum row along the south line of the said 44.26 acre tract a distance of 866.34 feet a point for a comer; THENCE North 11 Degrees 02 Minutes 18 Seconds East, departing said established fence line and turn row and along the south line of the said tract, a distance of 88.76 feet to the beginning of a tangent curve to the right having a central angle of 70 Degrees 52 Minutes 53 Seconds, a radius of 850.00 feet, and being subtended by a chord which bears North 46 Degrees 28 Minutes 44 Seconds East, a distance of 985.76 feet; THENCE along said curve to the right in a northeasterly direction an arc distance of 1051.55 feet to a point for an angle; ' THENCE North 81 Degrees 55 Minutes 10 Seconds East, a distance of 119.53 feet to the beginning of a tangent curve to the left having a central angle of 07 Degrees 23 Minutes 09 Seconds, a radius of 745.00 feet, and being subtended by a chord which bears North 78 Degrees 13 Minutes 36 Seconds East, a distance of 95.97 feet; 1 THENCE along said curve to the left in a northeasterly direction an are distance of 96.04 feet to a point for a comer; THENCE South 02 Degrees 59 Minutes East, a distance of 670.37 feet to the POINT OF BEGINNING and containing 13.49 acres of land, more or less. Ordinance No. 2066-6-02, Page 14 TRACT 5 (MF -18 ZONING) ' Situated in Collin County, Texas, a part of the F.C. Wilmeth Survey, Abstract No. 999 and the L.K. Pegues Survey, Abstract No. 702, and being a part of a 96.38 acre out of land as described in a Quit -Claim Deed from W. H. Bush, Jr., et al to Louise Jones Boynton, et al and dated April 11, 1967 and recorded in Volume 689, Page 540 of the Collin County Deed Records and being more particularly described by metes and bounds as follows: BEGINNING at an iron stake at the Northwest corner of the said 96.38 acre tract at the Northwest corner of the L.K. Pegues Survey, said stake being in the center line intersection of two public roads; THENCE, North 89 Degrees 48 Minutes East with the north line of said 96.38 acre tract a distance of 748.6 feet to a stake in the centerline of Cottonwood Creek and being the Northeast comer of the said 96.38 acre tract; THENCE in a Southerly direction downstream with the center line meanders of said creek and along the east line of the said tract as follows: South 00 Degrees 12 Minutes East, 15.0 feet; South 80 Degrees 23 Minutes East, 113.0 feet; South 03 Degrees 45 Minutes West, 395.0 feet; South 40 Degrees 30 Minutes West, 110.0 feet; South 05 Degrees 30 Minutes West, 202.0 feet; South 39 Degrees 00 Minutes East, 257.0 feet; South 63 Degrees 00 Minutes East, 200.0 feet; South 40 Degrees 00 Minutes East, 100.0 feet; South 51 Degrees 00 Minutes East, 423.0 feet; THENCE, departing the center line meanders of said creek and the east line of the said tract, South 70 Degrees 26 Minutes 45 Seconds West, a distance of 697.03 feet to a point for a comer; THENCE North 54 Degrees 59 Minutes 08 Seconds West, a distance of 569.61 feet to a point for a comer; THENCE South 85 Degrees 51 Minutes 32 Seconds West, a distance of 363.91 feet to an 'non stake in the center line of a public road, said stake also being in the West line of the said 96.38 acre tract; THENCE North 00 Degrees 26 Minutes 45 Seconds Fast with the center line of said public road along the west line of the said 96.38 acre tract a distance of 1276.24 feet to the PLACE OF BEGINNING and containing 31.09 acres of land, more or less. The foregoing description is a composite description based on the deed to The Key Partnership No. 2, Ltd. recorded in County Clerk's file Number 93-0105764 of the Deed Records of Collin County, Texas. This description is not based on a boundary survey, the basis of bearing is the same as said deed. Ordinance No. 2066-6-02. Page 15 TRACT 4 (CC ZONING) ' Situated in Collin County, Texas, a part of the John Fyke Survey, Abstract No. 325, the F.C. Wilmeth Survey, Abstract No. 999 and the L.K. Pegues Survey, Abstract No. 702, and being a part of a 96.38 acre tract and a 44.26 acre tract as described in a Quit -Claim Deed from W. H. Bush, Jr., et a] to Louise Jones Boynton, et al and dated April 11, 1967 and recorded in Volume 689, Page 540 of the Collin County Deed Records and being more particularly described by metes and bounds as follows; COMMENCING at an iron stake at the Northwest comer of the said 96.38 acre tract at the Northwest comer of the L.K. Pegues Survey, said stake being in the center line intersection of two public roads; THENCE, North 89 Degrees 48 Minutes East with the north line of said 96.38 acre tract a distance of 748.6 feet to a stake in the centerline of Cottonwood Creek and being the Northeast comer of the said 96.38 acre tract; THENCE in a southerly direction downstream with the center line meanders of said creek and along the east line of the said tract as follows: South 00 Degrees 12 Minutes East, 15.0 feet; South 80 Degrees 23 Minutes East, 113.0 feet; South 03 Degrees 45 Minutes West, 395.0 feet; South 40 Degrees 30 Minutes West, 110.0 feet; South 05 Degrees 30 Minutes West, 202.0 feet; South 39 Degrees 00 Minutes East, 257.0 feet; South 63 Degrees 00 Minutes East, 200.0 feet; ' South 40 Degrees 00 Minutes East, 100.0 feet; South 51 Degrees 00 Minutes East, 423.0 feet; South 24 Degrees 25 Minutes East, 162.0 feet; South 11 Degrees 25 Minutes East, 208.0 feet; South 40 Degrees 30 Minutes West, 117.0 feet; South 51 Degrees 00 Minutes West, 140.0 feet to the POINT OF BEGINNING; THENCE continuing in a southerly direction downstream with the center line meanders of the said creek along the east line of the said tract as follows: South 20 Degrees 25 Minutes East, 242.0 feet; South 23 Degrees 00 Minutes West, 347.0 feet; South 04 Degrees 15 Minutes East, 119.0 feet; South 08 Degrees 45 Minutes East, 70.0 feet; South 29 Degrees 00 Minutes East, 172.1feet to an iron stake in the west right of way line of U.S. Highway #75; THENCE in a southerly direction with the west right of way line of the said Highway as follows; South 32 Degrees 31 Mmutes West, 279.5 feet to a wood right of way marker; South 24 Degrees 01 Minutes West, 194.4 feet to a wood right of way marker; South 31 Degrees 32 Minutes West, 57.3 feet to an iron stake in the south line of said 96.38 acre tract; ' THENCE South 87 Degrees 01 Minutes West with the south line of the said 96.38 acre tract a distance of 1210.00 feet to an iron stake in the southwest comer thereof, said stake being in the center line of a public road, said stake also being in the east line of said 44.26 acre tract and the center line of the said road; Ordinance No. 2066-6-02, Page 16 THENCE North 02 Degrees 59 Minutes West, along the east line of said 44.26 acre tract and the center line ' of the said road, a distance of 670.37 feet to a point for a comer at the beginning of a non -tangent curve to the left having a central angle of 21 Degrees 38 Minutes 53 Seconds, a radius of 745.00 feet, and being subtended by a chord which bears North 63 Degrees 42 Minutes 35 East, a distance of 279.81 feet; THENCE along said curve to the left in a northeasterly direction an arc distance of 281.48 feet to a point at the end of the curve; THENCE North 52 Degrees 53 Minutes 08 Seconds Fast, a distance of 193.13 feet to a point for a corner at the beginning of a non -tangent curve to the right having a central angle of 11 Degrees 47 Minutes 26 Seconds, a radius of 1633.32 feet, and being subtended by a chord which bears North 33 Degrees 08 Minutes 11 Seconds West, a distance of 335.52 feet; THENCE along said curve to the right in a northwesterly direction an arc distance of 336.11 feet to a point for a comer; THENCE North 62 Degrees 25 Minutes 43 Seconds East, a distance of 251.55 feet to a point for a comer; THENCE North 89 Degrees 47 Minutes 14 Seconds East, a distance of 590.72 feet to a point for a comer; THENCE North 76 Degrees 27 Minutes 09 Seconds East, a distance of 427.57 feet to the PLACE OF BEGINNING and containing 37.74 acres of land, more or less. The foregoing description is a composite description based on the deed to The Key Partnership No. 2, Ltd. recorded in County Clerk's file Number 93-0105764 of the Deed Records of Collin County, Texas. This description is not based on a boundary survey, the basis of bearing is the same as said deed. Ordinance No. 2066-6-02, Page 17 TRACT 6 (TH ZONING) ' Situated in Collin County, Teras, a part of the F.C. Wilmeth Survey, Abstract No. 999 and the L.K. Pegues Survey, Abstract No. 702, and being a part of a 96.38 acre tract of land as described in a Quit -Claim Deed from W. H. Bush, Jr., et al to Louise Jones Boynton, et al and dated April 11, 1967 and recorded in Volume 689, Page 540 of the Collin County Deed Records and being more particularly described by metes and bounds as follows: COMMENCING at an iron stake at the Northwest comer of the said 96.38 acre tract at the Northwest comer of the L.K. Pegues Survey, said stake being in the center line intersection of two public roads; THENCE, North 89 Degrees 48 Minutes East with the north line of said 96.38 acre tract a distance of 748.6 feet to a stake in the centerline of Cottonwood Creek and being the Northeast comer of the said 96.38 acre tract; THENCE in a Southerly direction downstream with the center line meanders of said creek and along the east line of the said tract as follows: South 00 Degrees 12 Minutes East, 15.00 feet; South 80 Degrees 23 Minutes East, 113.00 feet; South 03 Degrees 45 Minutes West, 395.00 feet; South 40 Degrees 30 Minutes West, 110.00 feet; South 05 Degrees 30 Minutes West, 202.00 feet; South 39 Degrees 00 Minutes East, 257.00 feet; South 63 Degrees 00 Minutes East, 200.00 feet; South 40 Degrees 00 Minutes East, 100.00 feet; South 51 Degrees 00 Minutes East, 423.00 feet to the POINT OF BEGINNING; THENCE continumg in a southerly direction downstream with the center line meanders of the said creek along the east line of the said tract as follows: South 24 Degrees 25 Minutes East, a distance of 162.00 feet; South 11 Degrees 25 Minutes East, a distance of 208.00 feet; South 40 Degrees 30 Minutes West, a distance of 117.00 feet; South 51 Degrees 00 Minutes West, a distance of 140.00 feet to a point for a comer; THENCE, departing the center line meanders of said creek and the east line of the said tract, South 76 Degrees 27 Minutes 09 Seconds West, a distance of 427.57 feet to a point for a comer; THENCE South 89 Degrees 47 Minutes 14 Seconds West, a distance of 590.72 feet to a point for a comer; THENCE South 62 Degrees 25 Minutes 43 Seconds West, a distance of 251.55 feet to a point for a comer at the beginning of a curve to the right having a central angle of 26 Degrees 28 Minutes 19 Seconds, a radius of 1633.32 feet and being subtended by a chord which bears North 14 Degrees 00 Minutes 19 West, a distance of 747.94 feet; THENCE along said curve to the right in a northwesterly direction an we distance of 754.64 feet to an iron stake in the center line of a public road, said stake also being in the West line of the said 96.38 acre tract; ' THENCE North 00 Degrees 28 Minutes East with the center line of said public mad along the west line of the said 96.38 acre tract a distance of 88.80 feet to a point for a comer; Ordinance No. 2066-6-02. Page 18 THENCE North 85 Degrees 51 Mmutes 32 Seconds East, departing the center line of said public road and west line of said 96.38 acre tract, a distance of 363.91 feet to a point for a comer; ' THENCE South 54 Degrees 59 Minutes 08 Seconds East, a distance of 569.61 feet to a point for a comer; I THENCE North 70 Degrees 26 Minutes 45 Seconds East, a distance of 697.03 feet to the PLACE OF BEGINNING and containing 19.40 acres of land, more or less. The foregoing description is a composite description based on the deed to The Key Partnership No. 2, Ltd. recorded in County Clerk's file Number 93-0105764 of the Deed Records of Collin County, Texas. This description is not based on a boundary survey, the basis of bearing is the same as said deed. Ordinance No. 2066-6-02 Page 19