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O-1959-7-01ORDINANCE NO. 1959.7-01 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE, ORDINANCE NO. 1845.6- 00, AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM "AO" — AGRICULTURE/OPEN SPACE TO "R-5" — SINGLE FAMILY RESIDENTIAL FOR 65 ACRE TRACT OF LAND OUT OF THE SHADRICK JACKSON SURVEY, ABSTRACT NO. 489 AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A REPEALING CLAUSE; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR 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, Texas, and the govenung 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, the City Council has concluded that Allen Land Development Code Ordinance No. 1845-6-00 and Zoning Map of the City of Allen, Texas, 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, Ordinance No. 1845-6-00, and Zoning Map, of the City of Allen, Texas, as previously amended, be amended by granting a change of zoning from "AO"- AgricultutaVOpen Space to "R-5" Single Family Residential District for 65 acre tract of land out of the Shadrick Jackson Survey Abstract No. 489 and being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECITON 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, 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in frill force and effect.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 in 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 Developmerit Code, as amended, in effect when the offense was committed and the fomrer law is continued in effect for this purpose. SECTION 6. Any person, fm 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 of the City of Allen, 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, 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. DULY PASSED AND APPROVED BY TBE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 5na DAY OF JUNE, 2001. APPROVED: Ste6ben Terre0, MAYOR APPROVED AS TO FORM: ATTEST: 4--Z' , Jin; , � o,— Phdr G. Smith, CIVY ATTORNEY Judy Mo n, CMC/AAE, CITY SECRETARY Ordinance No. 1959-7-01, Page 2 EXHIBIT "A" Ordinance No. 1959-7-01 Page 1 of 2 ' Legal Description Twin Creeks, 65 Acre Tract Volume 3860 Page 0161 Deed Records of Collin County BEING a 65.000 acre tract of land situated in Collin County, Texas, in the SHADRICK JACKSON SURVEY, ABSTRACT NO. 489, and being a resurvey of the same Tract I called 243.63 acres of land of which 1/7 interest was conveyed from Cora Liles and Z.V. Liles to C.M. Spradley by deed recorded in Volume 323, Page 213 of the Deed Records of Collin County, Texas, and being more particularly described by metes and bounds as follows: BEGINNING at a %, inch iron rod found for comer at the southwest comer of said 243.63 acre tract (Tract 1) at the base of a tree; THENCE N 89 degrees 53 minutes 31 seconds E, a distance of 1741.02 feet to a Y: inch iron rod set for corner; ' THENCE N 00 degrees 27 minutes 12 seconds E, a distance of 1612.21 feet to a %, inch iron rod found for comer in a public road; THENCE N 89 degrees 11 minutes 00 seconds W, a distance of 1741.19 feet along said road to a % inch iron rod found for comer in the west line of said 243.63 acre tract (Tract I); THENCE S 00 degrees 26 minutes 45 seconds W, a distance of 1640.31 feet along the west line of said 243.63 acre tract (Tract 1) to the POINT OF BEGINNING and containing 2,831,396 square feet or 65.000 acres of land, more or less, of which apparently 0.999 acres of land, more or less, lies within said public road. n C la o p ° o 0 A n n° 1 s I r o N T N O O H 2N H P] W N H 00 w [a 0 u 0 o p ° o 0 A n n° 1