O-1494-5-97ORDINANCE NO. 1494-5-97
' AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
AMENDING COMPREHENSIVE ZONING ORDINANCE NO. 1425-5-96, AS
PREVIOUSLY AMENDED, SO AS TO CHANGE THE ZONING FROM
AGRICULTURE -OPEN SPACE TO CORRIDOR COMMERCIAL (CC) ON THE
FOLLOWING -DESCRIBED TRACT OF LAND: 23.315 ACRES OF LAND
LOCATED IN THE SHADRICR JACKSON SURVEY, ABSTRACT NO. 489,
CITY OF ALLEN, COLLIN COUNTY, TEXAS; PROVIDING FOR EXHIBIT "A"
LAND USE PLAN AND EXHH3IT 'B" LEGAL DESCRIPTION; PROVIDING
FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO
THOUSAND DOLLARS ($2,000A0) 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 governingbody of the
City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen,
haveven 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 revised;
NOW, THEREFORE, BE IT ORDAINED BY THE C1TY 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 amended by revising the Zoning Map of the City of
Allen from Agricultural -Open Space (A -O) to Corridor Commercial (CC) on the following tract of land,
to -wit: a 29.315 acre tract of land located in the Shadrick Jackson Survey, Abstract No. 489, City of
Allen, Collin County, Texas.
SEC EON 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.
SECTION 3: The property described in Exhibit "B", Legal Description, attached hereto, is located
in the Shadrick Jackson Survey, Abstract No. 489, City of Allen, Collin County, Texas, and shall be used
in the manner and for the purposes provided for as approved herein.
SECTION t 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be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances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.
SECTIONS: 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 Cr 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
I
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.
SECIION 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 MY COUNCILOFTHE Cr170FALI.EN, TEXAS,
ON THE 1st DAY OF May , 1997.
APPROVED,
Stephen -1 errell, MAYOR
4JM,"nCCITY SECRE]ARY
Ordinance No. 1494-5-97 Page 2
Ordinance No. 1494-5-97
Exhibit Ir
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FIELD NOTE DESCRIPTION
STATE OF TEXAS
COUNTY OF COLLIN
BEING a tract of land situated in the SHADRICK JACKSON SURVEY Abstract No. 489,
Collin County, Texas and being a portion of a 29.20 acre tract of land described in a deed to
W. E. DAVENPORT recorded in Volume 676, Page 99 Deed Records of Colin County, Texas,
and being more particularly described as follows:
BEGINNING at a point located at the northerly corner of a corner cut-off at the intersection
of the southerly right-of-way line of STATE HIGHWAY NO. 121 (120 feet right-of-way) with
the easterly right-of-way line of CUSTER ROAD (variable width right-of-way);
THENCE along the southerly right-of-way line of said STATE HIGHWAY NO. 121, North
67°08'16" East a distance of 1166.24 feet to a point for corner;
THENCE departing the southerly right-of-way line of said STATE HIGHWAY NO. 121 and
along the easterly line of said 29.20 acre tract, South 01031'51" East a distance of
1238.97 feet to a point in the centerline of COUNTY ROAD 113;
THENCE along the center line of said COUNTY ROAD 113 and the southerly line of said
29.20 acre tract South 89007'05" West a distance of 893.61 feet to a point in the easterly
right-of-way line of said CUSTER ROAD, said point being the beginning of a non -tangent
curve to the left having a radius of 1692.02 feet, a chord bearing of North 07050'59" West
and a chord distance of 145.52 feet;
THENCE along the easterly right-of-way line of said CUSTER ROAD as follows
Along said curve to the left through a central angle of 04°55'44" for an acre length
of 145.56 feet to a point for corner;
North 06029'58" West a distance of 63.48 feet to a point for the beginning of a
curve to the left having a radius of 1047.56 feet, a chord bearing of North
14°10'55" West and a chord length of 280.08 feet;
Along said curve to the left through a central angle of 15021'54" for an arc length of
280.92 feet to a point for the beginning of a curve to the left having a radius of
1712.02 feet a chord bearing of North 22021'48" West and a chord length of 29.81
feet;
Along said curve to the left through a central angle of 00059'52" for an arc length of
29.81 feet to a point for corner;
North 22051'44" West a distance of 296.49 feet to a point for the southerly corner
of said corner cut-off line;
Along said corner cut-off line North 22008'16" East a distance of 21.21 feet to the
POINT OF BEGINNING;
CONTAINING within these metes and bounds 23.315 acres or 1,015,607 square feet of
land more or less.
F:11991199212NM. Ordinance No. 1494-5-97 February 12,1997
Eshibii "B"