O-1635-9-98ORDINANCE NO. 1635-9-98
' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, TO CHANGE THE ZONING FROM
AGRICULTURAL OPEN SPACE (AO) TO CORRIDOR COMMERCIAL (CC)
ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 7202 ACRES OF
LAND LOCATED IN THE F. WII.MEIH SURVEY, ABSTRACT NO. 999, AND
THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN,
COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A" LAND USE PLAN
AND EXHIBrF *W LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF
FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS
($2,(00.00) FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY
CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID
ORDINANCE
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 full and fair hewing 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 Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, as previously
amended, should be revised;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALIEN,
TEXAS, THAT:
SECTION 1: Comprehensive Zoning Ordinance No. 1425-5-96 of the City of Allen, Texas, as
previously amended, be and the same is hereby revised by changing the zoning from Agricultural Open
Space (AO) to Corridor Commercial (CC) on the following tract of land: 72.02 acres of land located
in the F. Wilmeth Survey, Abstract No. 999, and the Henry Wetsel Survey, Abstract No. 1026, City of
Allen, Collin County, Texas.
SECTION 2 The approved Land Use Plan attached hereto as Exhibit "A" is made a part hereof for
all purposes and shall be adhered to in its entirety.
SECnON 3: The Legal Description attached hereto as Exhibit "B" is made a part hereof for all
purposes and shall be used in the manner and for the purposes provided for as approved herein.
SECTION 4: 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be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances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 5: 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 Comprehensive Zoning Ordinance No.
1425-5-96 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 ($2,000.00) for each offense.
' SECTION 6: It is hereby declared to be the intention of the City Council that the sections,
paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause,
sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or
decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any
other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council
11
hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
SERMON 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 COUNCEL OF THE CITY OF ALIEN, TEXAS,
ONTHE 17thDAYOF SEPTEMBER 1998.
APPROVED:
Stephen Terrell, MAYOR
ATTEST,
OrdinanceNo. 1635-9-98 Page 2
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EXHIBIT B
LEGAL DESCRIPTION
72.02 ACRES
Being a description of a 72.02 Acre tract of land situated in the F. WILMETH SURVEY ABSTRACT No. 999, and the
HENRY WETSEL SURVEY ABSTRACT No. 1026, in Collin County, Texas, and being a portion of that same property
conveyed to Mrs. L.J. Bush as shown in a deed recorded in Volume 220 at Page 586 of the Deed Records of Collin County,
Texas, said 72.028 acre tract being more particularly described as follows:
BEGINNING at a steel rod set for corner at the intersection of the southeast right-of-way line of the Southern Pacific
Railroad (a 100 foot wide right-of-way) with the existing south line of FM 2786 (a 120 foot wide right-of-way);
THENCE North 89" 57' 21" East, departing said southeast right-of-way and along the said south right-of-way line of FM
2786, a distance of 228.56 feet to a 112" iron rod set for comer and being the northwest corner of a called 34.1 acre tract
of land conveyed to Yarbrough Family Limited Partnership and described as "Third Tract" in a Special Warranty Deed
recorded under Clerk's File No. 95-0023828 of the Deed Records of Collin County, Texas;
THENCE South 00" 09' 25" East, departing said south line, at a distance of 3.2 feet passing 0.7 feet right of the north
end of a fence line running north -south, and continuing generally along said fence, and along the west lines of the tracts
conveyed to Yarbrough Family Limited Partnership as described in said deed recorded under Clerk's File No. 95.0023828,
for a total distance of 1570.14 feet to a 1/2" iron rod set for corner;
THENCE South 00" 38' 05" West, continuing along the west lines of said Yarbrough Family Limited Partnership Tracts,
,a distance of 1044.43 feet to a 1/2' iron rod found for corner and being the northeast corner of the remaining portion of
ract of land conveyed to LLG Lands, Inc. as shown in a deed recorded under Clerk's File No. 93-00102562 of the Deed
cords of Collin County, Texas;
THENCE North 88" 34' 51" West, departing said Yarbrough Tracts and along the north line of said LLG tract, a distance
of 416.70 feet to a 1/2" iron rod set for corner;
THENCE North 89" 03' 14" West, continuing along a north line of said LLG tract, a distance of 1581.23 feet to a 1/2"
iron rod set for comer on the previously said southeast right-of-way line of the Southern Pacific Railroad, and being a non.
tangent curve to the right having a central angle of 20" 38' 21", a radius distance of 2809.50 feet, a chord distance of
1006.59 feet, and a chord bearing of North 27" 33' 07" East;
THENCE departing said LLG tract and northerly along said non -tangent curve to the right an are distance of 1012.05 feet
to a 1/2" iron rod set for corner;
THENCE North 37" 52' 17" East, along said southeast right-of-way line, a distance of 2135.12 feet to the POINT OF
BEGINNING and containing 72.02 acres of land more or less.
This legal description was supplied by the client
16 ORDINANCE NO. 1635-9-98