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O-1552-11-97ORDINANCE NO. 1552-11-97 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS PREVIOUSLY AMENDED, BY GRANTING A SPECIFIC USE PERMIT FOR A HEI STOP ON THE FOLLOWING -DESCRIBED TRACT OF LAND: 13.649 ACRES OF LAND LOCATED IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, IDT 1-A, BLOCK 1, ENTERPRISES NO.2 SUBDMSION, CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR TERMS AND CONDITIONS AS FOLLOWS: (1) TERMINATION ON DECEMBER 31, 1998 (2) PRIOR TO DECEMBER 31, 1998, THE CITY COUNCIL MAY EXTEND THE SPECIFIC USE PERMIT BASED UPON A REVIEW OF ANY COMPLAINTS; PROVIDING FOR EXIHBIr "A" SITE PLAN AND EXHIBIT B" 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, as previously amended, should be changed. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, THAT- SECHON 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 granting a specific use permit for a helistop on 13.649 acres of land located in the William Perrin Survey, Abstract No. 708, Lot 1-A, Block 1, Enterprises No. 2 Subdivision, City of Allen, Collin County, Texas, with the following terms and conditions: The specific use permit shall terminate on December 31, 1998. 2. Prior to December 31, 1998, the City Council may extend the specific use permit based upon a review of any complaints. SECTION 2: The site plan attached hereto as Exhibit "A" is made a part hereof for all purposes and 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 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, fine, 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 ($2,000.110) for each offense. SECTION 6: It is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable; and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had (mown the affected parts would be held unconstitutional. SECTION 7: This ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCILOF THE CITY OF ALLEN, TEXAS, ONTHE 20THDAYOF NOVEMBER 1997, " 1 • 101 Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST`. A�Un-Er IrY'ORNI:Y jildy Mo n, CMC, CITY SECRETARY Ordinance No. 1552-11-97 Page 2 1 J r I I� _W o$ o i A ,!,:nh,afi71) w ib LL Vy W 3 Ei,iEs aa!lA�i a f �91j t / 3 OYOb]/Yb O/dlOYd Sb3Nl AOS I I� DESCRIPTION OF PROPERTY SURVEYED BONq a 13.649 acre tract out of the MY= Perrin Survey, Abstract No. 708, Collin County, Texas, said tract being all of Lot 1A, Block 1, Enterprises Addition No. 2, an addition to the City of Allen. Texas aging to the plat recorded in Cabinet J, Page 562 of the Plat Records of Collin County, Texas sold 13649 acre tract being more partioulariy described as follows: BEGINNING, at a 1/2 -MM bon rod w/PoMectlKoch cap set for comer at the kntersection of the south right-of-way line of Bethany Drive (a 110 -foot wide right-of-way) and the east right-of-way line of Enterprise Boulevard (a 60 -foot wide right-of-way), • said point being the northwest comer of said Lot 1; said point also being an a curve to the left whose center bears North 22 degrees, 41 minuteA 10 seconds West a distance of 78322 feet from sold POM, THENCE, in an easterfy direction Wong the said south line of Bethany Drive, the following six calls Along said curve to the left, through a central angle of 02 degrees, 57 minutes, J7 seconds, an arc distance of 40.47 feet to a 1/2 -Inch Iron rod w/ Pactrecro/Koch cap set at the and of sold curve; North 64 degrees, 20 minuteA 55 seconds East, a distance of 34800 feet to a 1/2 -Inch bon rod w/ Pacheco/Koch cap set at the beginning of a curve to the right whose canter bears South 25 degrees J9 minutes. 05 seconds East, a distance of 671.42 feet from said point: Along said curve to the right, through a control angle of J2 degrees, 4J minutes, 02 seconds, an are distance of 38340 feet to a 1/2 -inch Iron rod found at the and of said curve; South 76 degrees, 22 minutes, 44 seconds East a distance of 83.77 feet to a 1/2 -inch bon rod found at the 7 beginning of a curve to the right whose center boors South 13 degrees, 49 minutes 4J seconds West, a distance of 666.42 feet from said point; Along said curve to the right, through a control angle of 07 degrees 47 minutes, 56 seconds an aro distance of 90.71 feet to a +' Out in conamte set at the and of sold curve; _ South 67 degrees 59 minutes, 05 seconds East a distance of 20231 feet to a 1/2 -Inch Iron rod found for tamer, said point being the northeast comer of said Lot 1, Block 1; said point also being on the west right-of-way the of Southern Pacific Railroad (a 100 -foot wide railroad right-of-way); MENG& South 21 degrees, 56 minutes u seconds West along the east line of said Lot 1 and the said west line of Southern Pacific Railroad, a distance of 780.00 feet to a 1/2 -Inch Iron rod with Pacheco Koch' cap found for comer, 7HENCE, North 68 degrees 03 minutes 17 seconds West, departing the east line of sold Lot 1 and the said west line Of Southern Pacific Ra6rood, a distance of 802.71 feet to a 1/2 -inch ban rod with Pacheco Koch' cap found for comer In the said east line of Enterprise Boulevard and the west line of sold Lot 1; THENCE, North 14 degrees, OJ minutes 00 soconds East along the.said east line of Enterprise Boulevard a distance of 69.64 feet to a +' cut in concrete set at the beginning of a curve to the left whose center bears North 75 degrees 57 minuteA 00 seconds West a distance of 180.00 feet Iron sold point; ]HENCE in a northeriy direction along the sold east line of Enterprise Boulevard and sold caw to the left through a central angle of J4 degrees 36 minuteA 10 seconds, an arc distance of 108.71 feet to a f/2-1hch Iron rod with Pachern/Koch dap sat at the and of sold curve; THENCE North 20 degrees, JJ minuteA 10 seconds West continuing along the sold east line of Enterprise Boulevard a distance of 153.71 feet to the POINT OF BEGINNING; CONTAINING 594,544 square feet or 13.649 acres of land, more or less. �'-" Ordinance No. 1552-11-97 BLOCK A I BUSINESS PARK Exhibit V . 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