O-1610-7-98' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, SO AS TO ESTABLISH PERMANENT ZONING ON
THE FOLLOWING DESCRIBED TRACT' OF LAND: 75.92 ACRES OF LAND
LOCATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY
OF ALLEN, COILIN COUNTY, TEXAS, AS FOLLOWS: CORRIDOR
COMMERCIAL (CC) ON 12.17 ACRES OF LAND, SHOPPING CENTER (SC)
ON 12.97 ACRES OF LAND, AND RESIDENTIALS (R-5) ON 50.78 ACRES OF
LAND; PROVIDING FOR EXHIBIT "A" LAND USE PLAN; PROVIDING FOR
EXHIBrr -W LEGAL DESCRIPTION; PROVIDING FOR A PENALTY OF FINE
NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000.00)
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 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 Comprehensive Zoning Ordinance No. 1425-5-96 should be changed.
' NOW, THEREFORE, BE rr ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
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, amended by changing the Zoning Map of the City of
Allen to establish permanent zoning on 75.92 acres of land located in the Henry Wetsel Survey, Abstract
No. 1026, City of Allen, Collin County, Texas, to the following zoning classifications, to -wit:
Corridor Commercial (CC) on 12.17 acres, Shopping Center (SC) on 12.97 acres, and
Residential -5 (R-5) on 50.78 acres.
SEC1710N2. The land use plan, attached hereto as Exhibit "A" and made a part hereof for a0
purposes, shall be adhered to in its entirety.
SECTION 3: The property described in Exhibit "B" attached hereto 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 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and the same are hereby repealed; provided however, that all other provisions of said ordinances not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 co ration violating any of the provisions or terms of this
m
ordinance shall be subject to the sae 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,
pamgmphs, 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
. hereby declares it would have passed the remaining portions even though it had known the affected parts
would be held unconstitutional.
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 CTTY COUNCH.OF THE CITY OF ALLEN, TEXAS,
ON THE 2ND DAY OF JULY '1998.
k\» 1119YI d �r
Stephen Terrell, MAYOR
APPROVED AS TO FORM: ATTM.
A. Don CraWr, CITY ATTORNEY J" Morns0k CMC, CITY SECRETARY
Ordinance No. 1610-7-98 Page 2
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STACY FMAD
C
1A SC
12.17 AC. 1C
12 97 AC,
/.—
e-zoning to Cwrec:R-5
rtidor Commercial,
enter 6 Residenti
R-5
I
s
5D.78 AC.
�b
Ordinance; No. 1610-7-98
Exhibit "A" m ID
ZONING PROPOSAL
EXCHANGE PARKWAY EXHIBIT A
Y- save_*
ZONING TRACT "IA"
BEING smutted m C.M. Couaty. TenuS pert of the Henry Wetx1 Survey, Abmaa No. 1026, and (ring
pat of that ecrpio 72,32 sae tract b conveyed to Reid Family Entapd e. Ltd.., recorded N Volume
40M. Page 1129. Deed Records of Collin County. Teas sod bring all of lhoee two 0acts of land 9a
commyed to L V. Reid, recorded in Volume 421, Page 523, Deed Records of Collin County, Teaaa, And
being mote pertatWl7 described as f flaws'
COMMENCING at a PK nail net for comer At the intersection of the middle ofFM 2786 (Seamy Road.
variable width) and the West line of Stam Highway No. 5, a 100 fool right-of-way, said pour bang the
northeast comer of the said 1.29 acre tram
THENCE South 30 degrees 41 mmmea 00 seconds West, along the West Line o.f..ysaid
i�State Highway No. 3,
A distance of 356,09 fee to a 5d, inch rod esti for corm, =it point being the beginning of a curve to the bell
hn ing a radius of 2914.9 feet , a contra l angle of 7 degrees 12 mmnter 00 seed,. a burger, of 183.39
ket and a chord of South 27 dc®co 12 mimm,, Jo ,mods West for a distance of 366.06 f'
THENCE along mid nave to the left and the West line of said State Highway No. 5, an arc length of
366.30 feet to a 3/8 inch iron rod act for corm, said point being the end of said cave;
THENCE South 23 degree 29 m'vrotes 00 s®nda West, along the Wert tine of Highway No. 5, a distance
of 9522 feet to a 518 inch iron rod tat for come,
THENCE North 66 degrees 31 minutes 00 sernoda West leaving a the Wert lire of Stam Highway No. 5, a
distaa>< of 233.53 feel to a SA incl one rod set for curare
THENCE Nmth R9 degrees 38 mimntrs 14 tavnds Wed, for a dirtarne of 238.50 feet b a 5A isb arm rad
W for mroc,
THENCE North 00 degrees 15 minutes 54 records Weal for a distance of 286.02 fm to a 518 inch icon rod
found for the POINT OF HCGINNING;
THENCE North 89 degrees 38 mimeses 14 seconds West for a diataxz of 1090.97 tat to a SA inch ane
and un, for comer in the Fart lice of ma cm veyed to Yarbmittdr Family Limited Pamerahip, as recorded
to County Clerk's on 95-0023838, Deed Retards of Collin County. Teens:
THENCE North 00 degrees 09 ®uses 17 suou ds West, along the Fist lime of aid Ywbrn"h tract, a
distance of 480.63 feet to a point for omocr in the twiddle of said FM 2786;
T14ENCE. alo"g the midge of aid FM 2786 as follow'
North 89 degree 39 miwn, 34 second@ East a distrmcs of 254.78 feet to a point for tarot, `
North 89 degrees 54 ®"area 27 seconds East a distance of 300.02 feel to a point for earner.
Norm a9 dcgres 53 mimtes 19 anion& Foal a din of 400.03 (set to a point for corner.
Noah 89 degrees 38 minute, 25 seconds Eari a dill a of 134.97 feet to a point for comm;
""NCE South 00 degrees 15 miomes 54 acco ds West a distance of 491.17 feet to the POINT OF
BEGINNING and coots ming 12.17 acres or 529924.88 square fed of lard more Or la.
Ordinance No. 1610-7-98
Exhibit "B"
I
ZONING TRACT "IB"
BEING situated in Collin County, Texas, Dart of the Henry Wetrel 5u1ey,
Abstract No. 1026, and being Dart of that Certain 72.32 acre tract as conveyed
to Reid Family Enteryrisae, Ltd., recorded in Volume 4084, Page 1129, Deed
Records of Collin County, Taxes, and being more particularly described as
follows:
BEGINNING at a 5/8 inch iron rod found for corner in the East line Of a tract
conveyed to Yarbrough Family Limited Partnership, as recorded in County
ClerRoa No. 95-0023828, Deed Records of Collin County, Texas, and being the
Northwest corner of a 9e.104 acre tract conveyed to Roman Catholic Diocese of
Dallas as recorded in Volume 912, Page 447, Deed Records of Collin County,
Texas and being the Southeast corner of said 72.32 acre tract;
THENCE North 20 degrees 06 minutes 29 seconds East, along the East line Of
said Yarbrough tract a distance of 1420.96 feet to a 1/2 inch iron for set for
corner;
THENCE South 00 degrees 15 minutes 54 ....Oda seat for a distance of 286.02
feet to a point for corner;
THENCE South 89 degrees 38 minutes 14 seconds Eeat for a distance of 230.50
fast to a point for Oorner;
THENCE South 66 degree. 31 minutes 00 seconds =at for a distance of 233.53
feet to a point for corner in the Wast line of State Highway No. 5, a 100 foot
right-of-way;
THENCE South 23 degrees 29 minutes 00 seconds West, along the West line of
said Highway, a distance of 12D0.75 feet to a 1/2 inch iron rod set for
corner, said point being the Northeast corner of the said 98.104 acre tract;
THENCE North 09 degrees 38 minutes 14 seconds West, along the North line of
said 98.104 acre tract, a distance of 1554.64 feet to the POINT OF BEGINNING
and containing 50.793 acres or 2,212,129.DD0 square feet of land, more or
less.
THENCE North 00
degrees
00 minutes
17 seconds West,
along the East line Of
.aid Yarbrough
tract, a
distance of
144.5E feet to
A Point for corner;
L
THENCE South 69
degrees
30 minutes
It second. Ea.t,
leaving the East line of
said Yarbrough
tract, a
distance of
1090.93 feet to
a Point for corner;
THENCE South 00 degrees 15 minutes 54 ....Oda seat for a distance of 286.02
feet to a point for corner;
THENCE South 89 degrees 38 minutes 14 seconds Eeat for a distance of 230.50
fast to a point for Oorner;
THENCE South 66 degree. 31 minutes 00 seconds =at for a distance of 233.53
feet to a point for corner in the Wast line of State Highway No. 5, a 100 foot
right-of-way;
THENCE South 23 degrees 29 minutes 00 seconds West, along the West line of
said Highway, a distance of 12D0.75 feet to a 1/2 inch iron rod set for
corner, said point being the Northeast corner of the said 98.104 acre tract;
THENCE North 09 degrees 38 minutes 14 seconds West, along the North line of
said 98.104 acre tract, a distance of 1554.64 feet to the POINT OF BEGINNING
and containing 50.793 acres or 2,212,129.DD0 square feet of land, more or
less.
ZONINGTRACT "1C^
BEING unuted in Collin County, Texas Putt of the Henry Wedel Survey, Abstract No. 1026, and being
PM of than aau rt 72.72 eve has m conveyed to Reid Family F t• +? Ltd.., recorded in Volume
4084, Page 1129, Deed Records of Collin County, Tess and being ell of thr two d...t of land m
conveyed m L V. Reid, combed in Vdwrrc 421, nye 525, Deed Rewtds MCollin Canty. Texan and all
that 129 acre truer wanted In the lame T. RobvO Survey, Abman NO 777, m conveyed m L. V. Reid,
recorded u Volume 536. Page 707. Deed Rmmda of Collin Carnty, Texas, end being mere yru6arlmty
detaxibed m fo0o ,i;:
DEGrNNING at a PK mil em for water a the imardtiav of the paddle of FM 2786 (Stacey Road,
variable width) and the WM line of State Highway No. 5, a 100 fool rigMof-wo, acid Pim beia8 eine
or"haesl comer of the aid 1.29 ave hast;
THENCE South 30 degrta 41 minutes W canons West, along the Wert line of said State Highwmy Na- 5,
a diatom of 556.08 fat to a 5/8 iocb red tet for come, said point being the begt[d®g of a nave m the Idl
having a radius of 2914.9 feet , a central molde of 7 degree 12 minuux 00 teconda. a tangent of 183.39
feet, em a chord of South 27 degreta 12 mimdrs 00 anode Wm far a eia ruse of 366.06 fact;
THENCE alohg said cmvv to the left erid the Wert line of said State Highway No. 5, an arc length of
366.30 fat in a 518 loch nen red nae for corner, mid point being the cad of said crave;
THENCE South 23 degrees 29 ®cones W mwods West, along the Wel line of Higbway No. 5, a diaaaw
of 95.22 feet to a 519 inch irun rod net for corm:
THENCE North 66 degree 31 nmufes 00 tecotrds WaC leaving a the Weal lire of Sate Highway No. 5, a
diataoce of 233.53 feet to a SIE inch it= rod sed fur wroer,
THENCE North 89 degree 38 mimne 14 saconds Wen for a distance of 239.50 feet to a 518 inch uoo rod
net for come;
THENCE North 00 degrees 15 nonote 54 moo da West for n diotanoe of 296.07 feet m a 5/8 inch iron rad
foemd for wrm
THENCE North 00 degrces 15 mimtte5 54 emords West for a 8istance of 491.17 feet to s prim far wrm
alrng the mim a of FM 2796:
THENCE along the middle of amid FM 2786 as follows'
North 89 degree 38 n>inute, 25 sawn, Fact a diaun¢ of 165 08 fen to a Perim for corns
Notch 89 degrsen 14 minotes 22 sewods Past a diaaance d'300.09 fat to a point far crorraeer, -
North 89 degrees 19 mihula 56 aewrds East a distance of 475.55 feet to the POINT OF BEGINNING mod
mrrteiwag 12-99 nrr� or 565,206.69 square fee of land more Of Ism.
L