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O-202-12-76r iz CITY OF ALLEN, TEXAS, ORDINANCE NO. 202 AN ORDINANCE AMENDING GENERAL ZONING ORDINANCE NO. OF THE CITY OF ALLEN, TEXAS , WHEREBY 4.12 ACRES AND 5.37 ACRES IN THE PETER FISHER SURVEY, ABSTRACT NO. 324, ARE REZONED "PD" (PLANNED DEVELOPMENT) AND "GI" (GENERAL INDUSTRIAL) RESPECTIVELY; 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, the laws of the State of Texas authorize the governing bodies of cities to promote the efficient use of land by zoning; and WHEREAS, the below described property has been duly incorporated in the City of Allen, Texas, and all legal notices required for rezoning have been given in the manner and form set forth by law and public hearing has been held on the proposed zoning classifications; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL, CITY OF ALLEN, TEXAS: SECTION 1: That the property described as follows: SITUATED in Collin County, Texas, in the Peter Fisher Survey, Abstract No. 324, and being a part of an 82.37 acre tract of land conveyed to M. Whisenant by Pete Lynge, et ux, by deed dated January 3, 1929, and recorded in Volume 274 at 247 of the Collin County Deed Records, and also being a portion of an 11-941 acre tract of land conveyed by David L. Whisenant, John B. Whisenant and William D. Whisenant to Corporate Realty ' 71 , Inc., by deed dated April 10, 1972, and filed of record,in the office of the County Clerk of Collin County, Texas, and being more fully described by metes and bounds as follows, to -wit: I BEGINNING at an iron pin for corner in the Southeast corner of a 2.00 acre tract of land conveyed to Gary E. Hefner by Corporate Realty ' 71 , Inc., said point also being in the North right of way line of Farm to Market Road 2170; THENCE NORTH 0. deg 17' West, 508.8 ft. to a point for a corner; THENCE NORTH 89 deg 05' East, 552.2 ft. to a point for a corner; THENCE SOUTH 0 deg 17' East, 91.2 ft. to a point for a corner; THENCE NORTH 89 deg 25' West, 132.0 ft. to a point for a corner; THENCE SOUTH 2 deg 41' East, 80.0 ft. to a point for a corner; THENCE NORTH 88 deg 46' West, 163.0 ft. to a point for a corner; THENCE SOUTH 1 deg 22' West, 300.0 ft. to a point for a corner, corner also being in the North right of way line of FM No. 2170; THENCE NORTH 89 deg 05' West, following the North right of way line of FM No. 2170, 257.2 ft. to the place of BEGINNING; and, CONTAINING 4.12 acres of land, more or less, are hereby rezoned from AG (Agricultural) to PD (Planned Development) and according to the uses allowed under General Zoning Ordinance No. 129 to the City of Allen and said Zoning Ordinance and all other Ordinances in conflict herewith are hereby amended accordingly. SECTION 2: That the property described as follows: SITUATED in Collin County, Texas, in the Peter Fisher Survey, Abstract No. 324, and being a part of an 82.37 acre tract of land conveyed to M. Whisenant by Pete Lynge, et ux, by deed dated January 3, 1929, and recorded in Volume 274 at 247 of the Collin County Deed Records, and also being a portion of an 11-941 acre tract of land conveyed by David L. Whisenant, John B. Whisenant and William D. Whisenant to Corporate Realty '71, Inc., by deed dated April 10, 1972, and filed of record in the office of the County Clerk of Collin County, Texas, and being more fully described by metes and bounds as follows, to -wit: BEGINNING at an iron pin for a corner, said corner being also the Northwest corner of a 2.00 acre tract of land deeded to Gary E. Hefner from Corporate Realty '71, Inc.; THENCE NORTH 0 deg 17' West, 301-73 ft . to an iron pin for a corner; THENCE NORTH 89 deg 50' East, 707.9 f t . to an iron pin for a corner; THENCE SOUTH 0 deg 17' East, 400.0 ft- to a point for a corner; THENCE NORTH 89 deg 05' West, 552.2 ft. to a point for a corner; THENCE NORTH 0 deg 17' West, 72.0 ft. to a point for a corner; THENCE NORTH 89 deg 05' West, 146.8 ft. to the place of BEGINNING; and, CONTAINING 5.37 acres of land, more or less, are hereby rezoned from AG (Agricultural) to GI (General Industrial) and according to the uses allowed under General Zoning Ordinance No. 129 to the City of Allen and said Zoning Ordinance and all other Ordinances in conflict herewith are hereby amended according. SECTION 3: 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 permissible use under this Zoning Ordinance. SECTION 4: Any person, firm or corporation who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor, and upon conviction therefor, shall be fined any sum not exceeding $200.00, and each and every day 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 5: The caption of this Ordinance shall be published one time in a weekly newspaper published in the City of Allen, and shall be effective immediately upon its passage and such publication. PASSES AND APPROVED BY THE CITY C CIL OF THE CITY OF ALLEN, TEXAS, on this day of - 197_. 5 Mayor, it eras CORRECTLY RECORDED: ty Secretary