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O-2040-4-02II_N 111JIaN shaali'IMMEO ' AN ORDINANCE OF THE CITY COUNCIIL, 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 PD -3 PLANNED DEVELOPMENT DISTRICT NO.3 TO "LR" LOCAL RETAIL ON 4.587± ACRES IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, 2.518± ACRES BEING TRACT Al, REPLAT OF ALLEN BUSINESS CENTRE, AND 2.069± ACRES BEING TRACT A2R, REPLAT OF ALLEN BUSINESS CENTRE TRACT A2, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABHITY 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 No. 1845-6-00 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, Texas, be amended by granting a change in zoning from PD -3 Planned Development No. 3 to "LR" local Retail on 4.587± acres in the William Peron Survey, Abstract No. 708, 2.518± acres being Tract Al, Replat of Allen Business Centre, and 2.069± acres being Tract A2R, Replat of Allen Business Centre Tract A2, City of Allen, Collin County, Texas, 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 of the City of Allen, as heretofore amended, and as amended herein. 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 tlus ordinance is governed by prior law and the provisions of the Allen land Development Code, as amended, in effect when the offense was coumutted 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 for in Allen Land Development Code No. 1845-"0 of the City of Allen, as previously amended, and upon conviction shall be punished by a fore 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 18rn DAY OF APRIL, 2002. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CITVATTONEY Jugg Morrijo, CMC/AAF, CITY SECRETARY Ordinance No. 2040-4-02, Page 2 I I EXMIT "Ae Replat of Tract Al, Allen Business Centre: LEGAL DESCRIPTION WHEREAS, Richie and Natalie Logan, is the owner of a tract of land situated in the William Perrin Survey, Abstract No. 708, in the City of Allen, Collin County, Texas, and being oil of that tract of landdescribed in Volume 3165, Page 517, of the Deed Records of Collin County, Texas, being all of Tract Al of the Allen Business Centre, an Addition to the City of Allen, Texas, as recorded in Cabinet I, Page 544 of the Plot Records of Collin County Texas, said tract being more porticulariy described as follows: BEGINNING at a 1/2 inch iron rod found at the most north corner of said Tract Al, being a point in the southern right-of-way of Prestige Circle (Variable R.O.W.); THENCE South 59 degrees 24 minutes 49 seconds East departing said right of way for a distance of 268.39 feet to an iron rod found for the northeast comer of said Tract Al. THENCE South 30 degrees 35 minutes 11 seconds West, for a distance of 402.53 feet to a 1/2 inch iron rod set at the point of curvature of a curve to the left having a radius. of 602.49 feet, a centrale angle of 27 degrees 16 minutes 51 seconds, (a chord that bears North 54 degrees 32 minutes 36 seconds west, a distance of 284.17 feet) and some being the new north right of way line of Bethany Drive; THENCE, continuing with said north right: -of -way and with said curve to the left for an arc distance of .286.87 feet, to a 1/2 Inch iron rod set at the point of tangency, THENCE, North 58 degrees 11 minutes 00 seconds West,.. continuing with said north right-of-way for a distance of 79.72 feet to 1/2 inch iron rod set at the most westerly corner of said Tioct Al. being a point in the southern right-of-way of Prestige Circle (Variable R.O.W.), being a. point on a curve to the right having a radius of 235.00 feet, a central angle of 26 degrees 59 minutes 16 seconds; THENCE, in an easterly direction with said right-of-way and with said curve to the right for an arc distance of 110.69 feet, (a chord that bearing North 53 degrees 55 minutes 15 seconds East, a distance of 109.67 feet) to a 1/2 inch iron rod set at the point of reverse curvature of a curve to the left having a radius of 305.00 feet, a central angle of 43 degrees 47 minutes 09 seconds; THENCE, continuing with sold right-of-way and with said curve to the left for an arc distance of 233.08 feet (o chord that bearing North 46 degrees 03 minutes 36 seconds East, a distance of 233.08 feet) to a 1/2 inch iron rod found; THENCE North 23 degrees 37 minutes 44 seconds West, with said right-of-way a distance of 70.61 feet to the POINT OF BEGINNING and containing 2.518 acres of land. Ordisaace No. 2040-4-02, Page 3 I I�L Ordinance No. 2040-4-02, Page 4 / / V � ps. 4 N L \ \ \ \ I � \ i \ iff Ordinance No. 2040-4-02, Page 4 I� Tract A2R Allen Business Centre, a Replat of Tract A2: OWNER'S CERnnCATE Mamas Carey A Streeter and Sandra K. Streeter aro the owners of a tract of land situated h the Wllll.m Perrin Surwy, Abstract Number 708, City of All., C.IIIn County, Te.... as described In deed recorded In the Lend records of Conlin County, Texas, County Clerk's Fla Number 95-0025429, Bald tract aim being Tract A2 of All. Buslnesa Centra.. addition to the City of Allan, Texas, .e recorded In Cabinet I, slide 544, of the Map Records of Cahn County, Uses, and being mors partleularly described as fallow.. BEGINNING at a 1/2—Inch Iran red set at Ne most southerly comer of sold Tract A2, being a point In Ne north right—of—way IIne of BaNany Drius (R.O.W. Varies); THENCE North 21 degrees 11 minutes 00 seconds Wast, with acid north line for a distance of 23.48 feet, to a 1/2—Inch Man rod set for the point of curwturs of a circular turas to the ISR show radius is 602.49 feet, and whore chard bears North 31 degrees 02 mNutes 38 seconds West, a distance of 206.34 Net; THENCE along mid curve through a central angla of 19 degrees A minutes 13 amo Ida. on arc length of 207.37 feet to a 1/2—Inch Iran rod set far the south comer of Lot 1, Athan Business Cmtm. an addition to the City of Allen, as recorded In Cabinet J. slide 771 of the Mop Records of Conlin County, Tama; THENCE North 30 degrees 35 minutes 00 seconds East. departing the north line of Bethany Ori... and along Ne vouthmslerly Ilne of esk Lot 1, pawing at o chit.. of 211.53 fast. Me nortMesl carper of mkl Lot 1, sold point dm being the southeast caner of Lot 2, and continuing for a told distance of 402.54 fast. to a 1/2-11 4on rod found far the northeast comer of mid Lot 2. sold point aim being . the smthady line of Tract CR, of Allen Business Centra: THENCE South 59 degrees 24 minutes 49 aecands East, .Iona void southerly line, a distance of 20100 fast to a 1/2—inch ton rod wt far the southeast comer of mid Tract CR, and the northwest corner of the herein described tract: THENCE South 30 degrees 35 minutes GO ...ends Wast Mpafthg mid southerly In.. a distance of 515.11 feet to the POINT Or BEGINNING AND CONTAINING 2.069 acres of Ideal. Ordinance No. 2040-4-02, Page 5 �r b O' ��T � I Wren. i$�3 1 1 Ordinance No. 2040-4-02, Page 5