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O-1919-2-01ORDINANCE NO. 1919-2-01 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY REZONING 16.307 ACRES OF LAND OUT OF THE MCBAIN JAMESON SURVEY, ABSTRACT NO. 491, THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, AND THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FROM "LI(C)" - LIGHT INDUSTRIAL (CONDITIONAL) TO "GO" — GARDEN OFFICE AS 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 governing 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 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 and Zoning Map of the City of Allen, Texas, as previously amended, be amended by rezoning 16.307 acres of land to "from "LI(C)"- Light Industrial (Conditional) to "GO" —Garden Office as described in Exhibit "A" attached hereto and made apart hereof for all purposes. 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, 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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 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 THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE lsr DAY OF FEBRUARY, 2001. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: er G. Smith, CI1V ATTORNEY Juffy Mo ' on, CMCAAE, CITY SECRETARY Ordinance No. 1919-2-01, Page 2 16307 Acre Tract BEING OUT OF THE McBAIN JAMESON SURVEY, ABSTRACT NO. 491, T.G. KENNEDY SURVEY, ABSTRACT NO. 500 AND THE RUFUS SEWELL SURVEY, ABSTRACT NO. 875 CITY OF ALLEN, COLLIN COUNTY, TEXAS BEING, a 16.307 acre tract of land situated in the McBain Jameson Survey, Abstract No. 491, the T.G. Kennedy Survey, Abstract No. 500 and the Rufus Sewell Survey, Abstract No. 875, Collin County, Texas; said tract being all of that same tract as conveyed to the City of Allen and or Allen I.S.D. and Collin County and or Collin County CCD by Deed recorded in County Clerk File No. 92-0020531 of the Deed Records of Collin County, Texas; said 16.306 acre tract being more particularly described as follows; BEGINNING, at a 1/2 -inch iron rod with "Weir" cap found for comer at the intersection of the south line of Ridgemont Drive (a variable width right-of-way) and the east right-of-way line of U.S. Highway 75 (a variable width right-of-way); THENCE, South 87 degrees, 49 minutes, 33 seconds East, departing said east line of U.S. Highway 75 and along said south line of said Ridgemont Drive, a distance of 128.94 feet to a 1/2 -inch imn rod with "Weir" cap found for angle point; THENCE, South 84 degrees, 51 minutes, 16 seconds East, continuing with said south line of Ridgemont Drive, a distance of 228.84 feet to a 1/2 -inch iron rod with 'Pacheco Koch" cap set for comer, said point being in the west line of Southern Pacific Railroad (a variable width right-of-way); ' THENCE, South 21 degrees, 27 minutes, 27 seconds West, along said west line of Southern Pacific Railroad, a distance of 61.00 feet to a 1/2 -inch iron rod found leaning for comer; THENCE, South 87 degrees, 49 minutes, 33 seconds East, a distance of 26.50 feet to a 1/2 -inch iron rod with "Weir" cap found for corner in the west line of said Southem Pacific Railroad; THENCE, South 21 degrees, 27 minutes, 27 seconds West, along said west line of Southern Pacific Railroad, a distance of 1293.82 feet, to a 1/2 -inch iron rod with "Weir" cap found for angle point; THENCE, South 01 degrees, 57 minutes, 27 seconds West, along said west line of Southern Pacific Railroad, a distance of 74.89 feet to a 1/2 -inch iron rod with "Weir" cap found for angle point; THENCE, South 21 degrees, 27 minutes, 27 seconds West, along said west line of Southern Pacific Railroad, a distance of 277.00 feet to a 1/2 -inch iron rod with "Weir" cap found; said point being the beginning of a curve to the right whose center bears North 68 degrees, 32 minutes, 33 seconds West, a distance of 8,544.00 feet from said point; THENCE, Southwesterly, along said west line of Southern Pacific Railroad, through a central angel of 04 degrees, 49 minutes, 12 seconds, an arc distance of 718.76 feet, on a chord bearing and distance of South 23 degrees, 52 minutes, 03 seconds West, 718.55 feet to a 1/2 -inch iron rod with "Weir" cap found at the end of said curve; THENCE, South 26 degrees, 16 minutes, 39 seconds West, along said west line of Southern Pacific Railroad, a distance of 203.40 feet to a point not set in creek; EXHIBIT "A" Page 1 of 3 Ordinance No. 1919-2-01, Page 3 THENCE, North 20 degrees, 20 minutes, 27 seconds East, departing said west line of Southern Pacific Railroad, a distance of 165.14 feet to a point not set in creek; ' THENCE, North 30 degrees, 12 minutes, 33 seconds West, a distance of 211.22 feet to a point not set in creek; THENCE, North 33 degrees, 49 minutes, 27 seconds East, a distance of 144.82 feet to a point not set in creek; THENCE, North 04 degrees, 21 mmutes, 33 seconds West, a distance of 77.02 feet to a point not set m creek THENCE, North 74 degrees, 15 minutes, 33 seconds West, a distance of 63.26 feet to a point not set in creek said point being in the said east right-of-way line of U.S. Highway 75; THENCE, North 18 degrees, 39 minutes, 08 seconds East, along and east line of U.S. Highway 75, a distance of 1165.06 feet to a 5/8 -inch iron rod with found for angle point; THENCE, North 18 degrees, 34 minutes, 12 seconds East, continuing with said east lme of U.S. Highway 75, a distance of 599.34 feet to a 1/2 -inch iron rod with "Pacheco Koch" cap set for comer; THENCE, North 01 degrees, 13 mmutes, 13 seconds West, continuing with said east line of said U.S. Highway 75, a distance of 156.85 feet to a 1/2 -inch iron rod with "Weir" cap found for comer; THENCE, North 53 degrees, 49 minutes, 47 seconds East, continuing with said east line of sand U.S. Highway 75, a distance of 77.98 feet to a 1/2 -inch iron rod with "Weir" cap found for comer; ' THENCE, North 15 degrees, 11 minutes, 40 seconds East, continuing with said east line of said U.S. Highway 75, a distance of 34.18 feet to the POINT OF BEGINNING; CONTAINING, 710,311 square feet or 16.307 acres of land, more or less. 1696-260 CJEAb EYMIT "A" Page 2 of 3 Ordinance No. 1919-2-01, Page 4 I n / w sl u r S€ j€ y£ t;. / w sl u