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O-170-12-74N O T I C E STATE OF TEXAS X KNOW ALL MEN BY THESE PRESENTS: COUNTY OF COLLIN X NOTICE IS GIVEN that the Planning and Zoning Commission and the City Council of the City of Allen, Texas, has been petitioned to annex and zone the property as shown on Exhibit "A" which exhibit is attached hereto and made a part hereof and accordingly, after due notice, a public bearing will be held by the City Council and the Planning and Zoning Commission of the City of Allen on the 5th day of December 1974, at 7'30 o'clock P.M. to determine whether or not annexation and zoning proceedings should be commenced. The purpose of this meeting being to determine whether the aforementioned property should be annexed to the City of Allen and zoned R-2 (Residential) as per plat attached and marked Exhibit "A" and to determine whether the General Zoning Ordinance of the City of Allen should be amended accordingly. WITNESS MY HAND AND SEAL OF OFFICE on this the 15th day of November , 1974• City Secretary City of Allen Collin County, Texas '1 S EXHIBIT "A" 95.685 Acres Being a tract of, land situated in Collin County, Texas in the Henry Wetsel Survey, Abstract No. 1026 and the J. T. Roberts Survey, Abstract No. 777 as recorded in Volume 922, Page 828 Deed Records Collin County, Texas and being more particularly described as follows: COMMENCING_at a point for the Southeast corner of the said Henry Wetsel Survey and the Southwest corner of the said J.T. Roberts Survey, said point also being in the center of a County Road (50' R.O.W.) and said point also being the POINT OF BEGINNING; THENCE N. 870 28' 03" W. along the South boundary line of the said Henry Wetsel Survey and the said centerline of a County Road, 2019.20 feet to a point set for a corner, said point also being in the East R.O.W. line of State Highway No. 5 (100' R.O.W.); THENCE N. 260 46' 06" E. along the said East R.O.W. line of State Highway No. 5,.1679.50 feet to an iron pin found for a corner, said iron pin also being in the North boundary line of the said Henry Wetsel Survey; THENCE S. 870 48' 20" E. along the said North boundary line of the Henry Wetsel Survey passing the Northeast corner of the said Henry Wetsel Survey and the Northwest corner of the said J.T. Roberts Survey and along the North boundary line of the said J.T. Roberts Survey, 2429.50 feet to an iron pin found for a corner; • � a THENCE S. 030 31' 16" W., 1546.04 feet to a point set for a corner, said point being in the South boundary line of the said J.T. Roberts Survey and in the said centerline of a County Road; THENCE N. 870 28' 03" W. along the said centerline of a County Road and the said South boundary line of the J.T. Roberts Survey, 1073.00 feet to the POINT OF BEGINNING and containing 97.460 acres of land more or less with the exception of 1.775 acres of land more or less dedicated for the County Road along the South line of the two surveys leaving a net acreage of 95.685 acres more or Iess. CITY OF ALLEN, TEXAS, ORDINANCE N0. 170 AN ORDINANCE ANNEXING AND ZONING,TERRITORY TO THE CITY OF ALLEN, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY TO INCLUDE SAID PROPERTY WITHIN SAID CITY LIMITS AND GRANTING TO ALL THE INHABITANTS OF SAID TERRITORY ALL THE'RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING SAID INHABITANTS BY ALL OF THE ACTS, ORDINANCES, RESOLUTIONS AND REGULATIONS OF SAID CITY; PROVIDING FOR THE AMENDMENT`OF THE GENERAL ZONING ORDINANCE OF THE CITY OF ALLEN WHEREBY 95.685 ACRES IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, AND THE ROBERTS SURVEY, ABSTRACT NO. 777, COLLIN COUNTY, TEXAS, IS ZONED R-2 (RESIDENTIAL); PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE -PUBLICATION OF THE CAPTION HEREOF. WHEREAS, application having been duly made for annexing and zoning said territory to the City of Allen, Texas, which application is in the form of a petition duly and legally executed and filed with the Mayor of the City of Allen, Texas, and the Mayor, having certified the same to the Council of the City of Allen, Texas, and WHEREAS, the Council of the City of Allen, Texas, has investigated into and determined that all of the facts contained in said petition are true, and WHEREAS, all legal notices required for annexation and zoning have been given in the manner and form set forth for law and a public hearing has been held on the purposed annexation and zoning classification and all other require- ments of notice and completion of such annexation and zoning procedures being fulfilled, and WHEREAS, the Council of the City of Allen has investigated and determined that it will be advantageous and beneficial to the City of Allen and its inhabitants as well as the hereinafter described territory to annex and zone such territory to the City of Allen, Texas: NOW, THEREFORE, BE IT 0 RDA INED BY THE COUNCIL OF THE CITY OF ALLEN, TEXAS: Section 1: That the territory more fully described in Exhibit "A" which exhibit is attached hereto and made a part hereof is hereby annexed to the City of Allen, Texas. Section 2: That from and after the passage of this Ordinance, said territory shall be a part of the City of Allen, Texas, and the inhabitants thereof shall be entitled to all of the rights, privileges and immunities of all other citizens of the City of Allen, Texas, and shall be bound by all of the Ordinances and regulations enacted pursuant to and in conformity with the general laws of the State of Texas. Section 3: That the above described tract is hereby zoned R-2 (Residential) and according to the uses allowed by the General Zoning Ordinance to the City of Allen and said General Zoning Ordinance is amended accordingly. Section 4: It shall be unlawful for any person, firm or corporation to make use of said premises in some manner other than as authorized by this Ordinance, and it shall be unlawful for any person, firm or corporation to construct on said premises any building that is not in conformity with the permissable use under this Zoning Ordinance. Section 5: Any person, firm or corporation who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon a conviction therefore, shall be fined any sum not exceeding $200.00, and each and every day • r • that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. Section 6: ThAt should any part or portion of this Ordinance, or of the use created herein affecting the aforementioned property, be declared unconstitutional or invalid by a Court of competent jurisdiction, it is expressly provided that any and all remaining portions and those provided for within this Ordinance shall remain in full force and effect. Section 7: The caption of this Ordinance shall be published one (1) time in a weekly newspaper published in the City of Allen and shall be effective immediately upon its passage and such publication. PASSES AND APP ROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on this the '�j_ day of , 1974 • F' ank Dugge r , Mayo r City of Allen, Texa CORRECTLY RECORDED: C ty Se a ary r EXHIBIT 95.685 Acres Being a tract of land situated in Collin County, Texas in the Henry Wetsel Survey, Abstract No. 1026 and the J. T. Roberts Survey, Abstract No. 777 as recorded in Volume 922, Page 828 Deed Records Collin County, Texas and being more particularly described as follows: COMMENCING.at a point for the Southeast corner of the said Henry Wetsel Survey and the Southwest corner of the said J.T. Roberts Survey, said point also being in the center of a County Road (50' R.O.W.) and said point also being the POINT OF BEGINNING; THENCE N. 870 28' 03" W. along the South boundary line of the said Henry Wetsel Survey and the said centerline of a County Road, 2019.20 feet to a point set for a corner, said point also being in the East R.O.W. line of State Highway No. 5 (100' R.O.W.); THENCE N. 260 46' 06" E. along the said East R.O.W. line of State Highway No. 5,.1679.50 feet to an iron pin found for a corner, said iron pin also being in the North boundary line of the said Henry Wetsel Survey; THENCE S. 870 48' 20" E. along the said North boundary line of the Henry Wetsel Survey passing the Northeast corner of the said Henry Wetsel Survey and the Northwest corner of the said J.T. Roberts Survey and along the North boundary line of the said J.T. Roberts Survey, 2429.50 feet to an iron pin found for a corner; THENCE S. 030 31' 16" W., 1546.04 feet to a point set for a corner, said point being in the South boundary line of the said J.T. Roberts Survey and in the said centerline of a County Road; THENCE N. 870 28' 03" W. along the said centerline of a County Road and the said South boundary line of the J.T. Roberts Survey, 1073.00 feet to the POINT OF BEGINNING and containing 97.460 acres of land more or less with the exception of 1.775 acres of land more or less dedicated for the County Road along the South line of the two surveys leaving a net acreage of 95.685 acres more or less. �.