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O-2034-3-02ORDINANCE NO. 2034-3-02 ' 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 ON %.636± ACRES IN THE G. PHILLIPS SURVEY, ABSTRACT NO. 701, AND THE JOSEPH DIXON SURVEY, ABSTRACT NO. 276, CITY OF ALLEN, COLLIN COUNTY, TEXAS, TO "CC" — CORRIDOR COMMERCIAL. DISTRICT, 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 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 "AO" - Agriculture -Open Space District to "CC" Corridor Commercial District for 96.636± acres of land situated in the G. Phillips Survey, Abstract No. 701, and the Joseph Dixon Survey, Abstract No. 276, 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 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 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. SECTION 6. Any person, firm or corporation violating any of the provisions or terms of [his ordinance shall be subject to the same penalty as provided for in Allen Land Development Code, 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 atter 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 TBE 21sT DAY OF MARCH. 2002. APPRROO/V�EDD:�//"/� L�w Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CKY ATTORNEY in# Mord CMC/AAE, CITY SECRETARY Ordinance No. 2034-3-02, Page 2 EXIUBTT "A" TRACT 1 DESCRIPTION SITUATED in the G. Phillips Survey, Abst. #701, Collin County, Texas and being part of a 151.575 acre tract of land described as Tract 1 of a Warranty Deed from Glen W. Petefisb to Virginia Petefish Lea and David M. Petefish as recorded in Volume 3411 Page 784 of the Deed Records of Collin County, Texas and being described as follows; BEGINNING at a 1/2" iron rod found being the most northerly northwest comer of said 151.757 acre tract of land and being the southwest comer of Ridgeview Memorial Park Addition as recorded in Cabinet F Slot 509 of the Map and Plat Records of Collin County, Texas; THENCE South 85°06'47" East with the north line of said tract and the south line of said Addition a distance of 1623.50 feet to a 1/2" iron rod set in the west right of way line of U.S. Highway 75 and being the southeast comer of said Addition and the northeast comer of this tract; THENCE with a curve to the right having a radius of 5579.58 feet and a central angle of 6"50'06" an are length of 665.60 feet to a 1/2" iron rod found in the east right of way line of U.S. Highway 75 for the beginning of a tangent; THENCE South 30°28'00" West with the west right of way line a distance of 97.23 feet to a 1/2" iron rod found; ' THENCE South 26°15'00" West with the west right of way line a distance of 194.36 feet to a 12" iron rod found; THENCE South 29°01'29" West with the west right of way line a distance of 38.22 feet to a 12" iron rod found; THENCE South 58°49'31" West with the west right of way line a distance of 86.56 feet to a 12" iron rod found; THENCE South 29°01'06" West with the west right of way line a distance of 35.88 feet to a 12" iron rod set in the south line of the G. Phillips Survey and being the southeast comer of this tract; THENCE North 89°12'23" West with the south line of the Phillips Survey a distance of 1256.30 feet to a 1/2" iron rod set for the southwest corner of this tract; THENCE North 06104'15" East along and with an old post and wire fence and hedge row a distance of 1117.47 feet to the PLACE OF BEGINNING and containing 36.20 acres of land. Ordinance No. 2034-3-02, Page 3 TRACT 2 DESCRIPTION SITUATED in the Joseph Dixon Survey, Abst. #276, Collin County, Texas and being part of a 151.575 acre tract of land described as Tract 1 of a Warranty Deed from Glen W. Petefish to Virginia Petefish Lea and David M. Petefish as recorded in Volume 3411 Page 784 of the Deed Records of Collin County, Texas and being described as follows: BEGINNING at a 1/2" iron rod found at the northwest comer of the Joseph Dixon Survey, Abst. #276 and being the most westerly northwest comer of said 151.575 acre tract of land; THENCE South 89°25139" East with the north line of said tract and the middle of Old Murray Road a distance of 1518.50 feet to a 1/2" iron and set for an angle point; THENCE South 89012'23" East with the middle of Old Murray Road a distance of 1256.30 feet to a 1/2" iron rod set in the west right of way fine of U.S. Highway 75 for the northeast comer of this tract THENCE South 29°00'35" West with the west right of way line of U.S. Highway 75 a distance of 35.75 feet to a 1/2" iron rod found; THENCE South 37°10'40" East with said right of way a distance of 50.23 feet to a 1/2" iron rod found; THENCE South 28038'30" West with said right of way line a distance of 176.31 feet to a 1/2" iron rod found; THENCE South 35005'07" West with said right of way line a distance of 1036.30 feet to a 1/2" iron rod found; THENCE South 37054'09" West with said right of way a distance of 423.48 feet to a 1/2" iron rod found being the northeast comer of Allen Premium Outlets Addition, an Addition to the City of Allen, Collin County, Texas as recorded in Vol. L Pg. 680 of MPRCCT; THENCE North 52035'41" West with the north line of Allen Premium Outlets Addition a distance of 603.14 feet to a 1/2" iron rod found being the beginning of a curve to the left, having a radius of 600.00 feet and a central angle of 36059'55'; THENCE along said curve an arc length of 387.45 feet to a V iron rod found for a point of tangency; THENCE North 89°35'39" West with the north line of Allen Premium Outlets Addition a distance of 1009.34 feet to a 1/2" iron rod set in the west line of the Joseph Dixon Survey and in County Road #196 for the southwest comer of this tract; THENCE North 00°23'25" Fast with the west line of the Joseph Dixon Survey a distance of 947.28 feet to the PLACE OF BEGINNING and containing 60.436 acres of land. Ordinance No. 2034-3-02, Page 4 F C EXHIBIT "B" Ordinance No. 2034-3-02, Page 5 . SURVEY PLAT PNUIJpS gUR�Y 36.20 ACRES 0 gg- IM 5 leen a A,40 / 80.496 ACRES '; Y9 q ay / $6 1 SUR'JEY p1XON J. Ordinance No. 2034-3-02, Page 5