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O-1881-10-00ORDINANCE NO. 1881-10-00 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 CC - CORRIDOR COMMERCIAL DISTRICT FOR 148.51 ACRES IN THE JOHN PHILLIPS SURVEY, ABSTRACT NO. 718, AND JOHN W. ROBERTS SURVEY, ABSTRACT 762, 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 No. 1845-6-W 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 148.51 acres in the John Phillips Survey, Abstract No. 718, John W. Roberts Survey, Abstract No. 762, respectively City of Allen, Collin County, Texas, and 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 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ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect.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. n J SECTION 6. Any person, firm or corporation violating any of the provisions or temvs of this ordinance shall be subject to the same penalty as provided for rn Allen Land Development Code, Ordinance No. 1845-6-00 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. 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 19TH DAY OF OCTOBER, 2000. APPROVED: L Q� - Stephen errell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. Smith, CPIY ATTORNEY Joy Mobtison, CMC/AAE, CITY SECRETARY Ordinance No. 1881-10-00, Page 2 WATTERS CREEK PARK 1 A ZONING DESCRIPTIONS EXHIBIT "A" Tract I - 4.23 Acres Situated in in the City of Allen, Collin County, Texas, a part of the John Phillips Survey, Abstract No. 718 and being more particularly described by metes and bounds as follows: BEGINNING at the southwest comer of said John Phillips survey; THENCE North 0 deg. 53 min. 16 sec. West with the west line of said John Phillips Survey a distance of 744.02 feet to a point in the west RO.W. of Parcel 11 of the Alma Road Extension; THENCE in a southeasterly direction with the west RO. W. of the Alma Road Extension as follows: Along a curve to the left having an arc distance of 371.26 feet, a radius of 1,046.00 feet, a central angle of 20 deg. 20 min. I1 sec. and a chord bearing South 32 deg. 49 rain. 25 sec. East, 369.32 feet; South 42 deg. 59 min. 31 sec. East a distance of 106.35 feet to a point for the beginning of a curve to the right having a radius of 1,154.00 feet, a central angle of 16 deg. 44 min. 55 sec. and a chord bearing South 34 deg. 37 min. 03 sec. East, 336.14 feet; Along said curve an arc distance of 337.34 feet to a point; South 26 deg. 14 min. 37 sec. East a distance of 70.07 feet to a point; 4`South 24 deg. 36 min. 04 sec. East a distance of 18.88 feet to a point in the south line of said John Phillips urvey; THENCE North 89 deg. 54 min. West with the south line of said John Phillips Survey a distance of 490.99 feet to THE PLACE OF BEGINNING and containing 4.23 acres of land. Tract 2 - 144.28 Acres Situated in the City of Allen, Collin County, Texas, a part of the John Phillips Survey, Abstract No. 718 and John W. Roberts Survey, Abstract No. 762 and being more particularly described by metes and bounds as follows: BEGINNING at a point in the west line of said John Phillips Survey from which the southwest comer of said survey bears South 0 deg. 53 min. 16 sec. East a distance of 744.02 feet; THENCE with the west fine of said John Phillips Survey as follows: North 0 deg. 52 min. 58 sec. West a distance of 391.90 feet to a point; North a distance of 256.37 feet to a point in the former south R.O.W. of State Highway 121; THENCE with the former south R.O.W. of State Highway 121 as follows: ' 4orht 33 deg. 30 min. East a distance of 47.63 feet to a point; North 67 deg. East a distance of 654.00 feet to the beginning of a curve to the left having a radius of 23,044.72 feet, a central angle of 01 deg. 42 min. and a chord bearing North 66 deg. 09 min. East, 683.72 feet; WATTERS CREEK PARK ZONING DESCRIPTIONS CONTINUED �ong said curve an arc distance of 683.75 feet to a point; North 65 deg. 18 min. East a distance of 775.90 feet to a point; North 87 deg. 06 min. East a distance of 107.70 feet to a point; North 66 deg. 02 min. 36 sec. East a distance of 790.29 feet to a point; North 89 deg. 54 min. East a distance of 274.30 feet to a point; North 28 deg. 08 min. East a distance of 20.28 feet to a point; North 89 deg. 54 min. East a distance of 35.86 feet to a point for comer in the west line of a called 129.37 acre tract as recorded under Collin County Clerk No. 97-0072468; THENCE South with the west line of said 129.37 acre tract a distance of 2,638.26 feet to a point in the south tine of said John W. Roberts Survey; THENCE North 89 deg. 54 min. West at 462 feet more or less passing the southwest comer of said John W. Roberts Survey and continuing with the south line of said John Phillips Survey a total distance of 2,599.50 feet to a point in the west R.O.W. of Parcel I 1 of the Alma Road Extension; THENCE with the west line of the Alma Road Extension as follows: • North 24 deg. 36 min. West a distance of 18.88 feet to a point; North 26 deg. 14 min. 37 sec. West a distance of 70.07 feet to the beginning of a curve to the left having a radius of 1,154.00 feet, a central angle of 16 deg. 44 min. 55 sec. and a chord bearing North 34 deg. 37 min. 03 sec. West, 336.14 feet; Along said curve an arc distance of 33734 feet to a point; North 42 deg. 59 min. 31 sec. West a distance of 106.35 feet to the beginning of a curve to the right having a radius of 1,046.00 feet, a central angle of 20 deg. 20 min. 11 sec. and a chord bearing North 32 deg. 49 min. 25 sec. West, 369.32 feet; Along said curve an arc distance of 371.26 feet to THE PLACE OF BEGINNING and containing 144.28 acres of land. 0