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O-209-3-77CITY OF ALLEN, TEXAS, ORDINANCE NO. .-2jQ_2 AN ORDINANCE AMENDING GENERAL ZONING ORDINANCE NO. 129 OF THE CITY OF ALLEN, TEXAS, WHEREBY 115.771 ACRES OF LAND IN THE WILLIAM PERRIN SURVEY, ABST. NO. 708, ARE REZONED GI -PD (GENERAL INDUSTRIAL - PLANNED DEVELOPMENT); WHEREBY 12.447 AND 0.982 ACRES OF LAND IN THE WILLIAM PERRIN SURVEY, ABST. NO. 708, ARE REZONED LR -PD (LOCAL RETAIL -PLANNED DEVELOPMENT); 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 OF THE CITY OF ALLEN, TEXAS: SECTION 1: That the property described as follows: BEING a survey of a tract of 115.771 acres of land in the WILLIAM PERRIN SURVEY, ABST. NO. 708, Collin County, Texas; and being more particularly described as follows: COMMENCING at the point of intersection of the located line of the Texas Traction Co. (as shown on map recorded in Vol 147, Page 86 of the Deed Records of Collin County, Texas, and designated thereon as "Located Line S -D I Ry") with the North line of the C. M. Christie tract, said North line also being the South end of Hashum St. in Allen, Texas; said Commencing point also being 288.0 ft. along the North line of said Christie tract from the centerline of the H. & T. C. Railroad (100.0 ft. ROW) and on the West side thereof: THENCE N 89 deg 39' 00" E, along said North line, 30.79 ft.; THENCE S 12 deg 40' 50" W, 186.79 ft. to the POINT OF BEGINNING of the 115.771 acres described herein: THENCE S 12 deg 40' 50" W, 731.21 ft.; THENCE N 89 deg 39' 00" E, 10.27 ft.; THENCE S 12 deg 40' 50" W, 189.98 ft. to a point in the Northwest line of said H. & T. C. Railroad; THENCE S 21 deg 57' 00" W, along the Northwest line of said Railroad (50.0 ft. Northwest of and parallel to the centerline of same), 1767.9 ft.; y THENCE N 89 deg 31' 13" W, 868.18 ft.; THENCE•N 00 deg 13' 31" W, 150.4 ft.; THENCE N 89 deg 34' 31" W, 830.9 ft. to a point in the Southeast line of U. S. Highway No. 75; THENCE NORTHEASTERLY, along the Southeast line of said Highway, as follows: 1st N 14 deg 15' 29" E, 1243.0 ft. to a wood monument; 2nd N 08 deg 31' 41" E, 100.67 ft. to a wood monument; 3rd N 14 deg 15' 29" E 1039.65 ft.; THENCE S 75 deg 44' 31t' E, 334.56 ft.; THENCE N 56 deg 30' 00" E, 372.0 ft.; THENCE N 76 deg 30' 00" E, 440.0 ft.; THENCE N 00 deg 16' 00" W, 470.0 ft. to a point in the South line of McDermont Drive; THENCE S 89 deg 52' 50" E, along the South line of McDermont Dr., 50.0 ft.; THENCE S 00 deg 16' 00" E, 188.5 ft.; THENCE S 89 deg 52' 50" E, 452.04 ft.; THENCE N 00 deg 16' 00" W, 188.5 ft. to a point in the said South line of McDermont Dr .• THENCE S 89 deg 52' 56" E, along said South line, 50.0 ft.; THENCE S 00 deg 16' 00" E, 170.0 ft.; THENCE S 89 deg 52' 50" E, 179.0 ft.; THENCE N 00 deg 16' 00" W, 170.0 ft. to a point in the said South line of McDermont Dr .• THENCE S 89 deg 52' 56" E, along said South line, 6.0 ft.; THENCE S 00 deg 05' 00" E, 632.5 ft.; THENCE NORTH 89 deg 39' 00" E, 177.21 ft. to the POINT OF BEGINNING; and CONTAINING 115.771 acres of land, is hereby rezoned from R-2PD (Residential Planned Development) to GI -PD (General Industrial - 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: BEING a survey of a tract of 12.447 acres of land in the WILLIAM PERRIN SURVEY, ABST. NO. 708, Collin County, Texas; and being more particularly described as follows: COMMENCING at the point of intersection of the located line of the Texas Traction Co. (as shown on map recorded in Vol. 147, Page 86 of the Deed Records of Collin County, Texas, and designated thereon as "Located Line S -D I Ry") with the North line of the C. M. Christie tract, said North line also being the South end of Hashum St. in Allen, Texas; said Commencing point also being 288.0 ft. along the North line of said Christie tract from the centerline of the H. & T. C. Railroad (100.0 ft. ROW) and on the West side thereof; THENCE N 89 deg 39' 00" E, along said North line, 30.79 ft.; THENCE S 12 deg 40' 50" W, 186.79 ft.; THENCE S 89 deg 39' 00" W, 177.21 ft.; THENCE N 00 deg 05' 00" W, 632.5 ft. to a point in the South line of McDermont Drive; THENCE N 89 deg 52' 50" W, along the South line of McDermont Dr., 737.04 ft. to the POINT OF BEGINNING of the 12.447 acre tract described herein; THENCE S 00 deg 16' 00" E, 470.0 ft.; THENCE S 76 deg 30' 00 W, 440.0 ft.; THENCE S 56 deg 30' 00" W, 372.0 ft.; THENCE N 75 deg 44' 31" W, 334.56 ft. to a point in the Southeast line of U. S. Highway No. 75; THENCE NORTHEASTERLY, along the Southeast line of said Highway, as follows: 1st N 14 deg 15' 29" E, 145.96 ft. to a wood monument; 2nd N 30 deg 56' 27" E, 325.35 ft. to a wood monument; 3rd N 21 deg 21' 40" E, 129.95 ft.; THENCE N 89 deg 34' 00" E, 150.0 ft.; THENCE N 19 deg 29' 00" E, 163.59 ft. to a point in the South line of said McDermont Dr.; THENCE S 89 deg 52' 50" E, along the South line of McDermont Dr., 605.0 ft. to the POINT OF BEGINNING; and CONTAINING 12.447 acres of land, is hereby rezoned from R-2 (Residential) to LR -PD (Local Retail - 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 3: That the property described as follows: BEING a survey of a tract of 0.982 acres of land in the WILLIAM PERRIN SURVEY, ABST. NO. 708, Collin County, Texas; and being more particularly described as follows: COMMENCING at the -point of intersection of the located line of the Texas Traction Co. (as shown on map recorded in Vol. 147, Page 86 of the Deed Records of Collin County, Texas, and designated thereon as "Located Line S -D I Ry") with the North line of the C. M. Christie tract, said North line also being the South line of Hashum St. in Allen, Texas; said Commencing point also being 288.0 ft. along said North line of the Christie tract from the centerline of the H. & T. C. Railroad (100.0 ft.,ROW) and on the West side thereof; THENCE N 89 deg 39' 00" E, along said North line, 30.79 ft.; THENCE S 12 deg 40' 50" W, 186.79 ft.; THENCE S 89 deg 39' 00" W, 177.21 ft.; THENCE N 00 deg 05' 00" W, 632.5 ft. to a point in the South line of McDermont Drive; THENCE N 89 deg 52' 50" W, along the South line of McDermont Dr., 460.0 ft. to the POINT OF BEGINNING of the 0.982 acre tract described herein: THENCE S 00 deg 16' 00" E, 188.5 THENCE N 89 deg 52' 50" W, 227,04 THENCE N 00 deg 16' 00" W, 188.5 the South line of said McDermont Dr.; THENCE S 89 deg 52' 50" E, along 227.04 ft. to the POINT OF BEGINNING; and CONTAINING 0.982 acres of land. ft. ft.; ft. to a point in said South line, is hereby rezoned from R-2 (Residential) to LR -PD (Local Retail - 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 4: It shall be unlawful for any person, f-irm 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 5: 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 6: 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. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, on this 34,06day of , 1977. E yor, ity o CORRECTLY RECORDED: i yecretary r . AFFIDAVIT AND PROOF OF PUBLICATION THE STATE OF TEXAS COUNTY OF COLLIN BEFORE ME, the undersigned authority, on this day personally appeared BUDDY W. CAMPER, who having been by me duly sworn, on oath deposes and says: That he is publisher of THE ALLEN AMERICAN, a newspaper published in Collin County, Texas, not less fre- quently than once a week, having a general circulation in said county, and having been published regularly and con- tinuously for more than twelve months prior to publishing of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on and which was issued on /0/ 7 7 , by of Collin County, Texas. A printed copi of said publication is attached hereto. SUBSCRIBED AND SWORN to before me this 6� N Publisher's Fee $ a,Z , A.D. 19 9 % . Public in and for Collin County, Page 8 -ALLEN AMERICAN -Tuesday, May 24, 1977 Public notice CITY OF ALLEN, TEXAS ORDINANCE NO. 209 AN ORDINANCE AMENDING GEN- ERAL ZONING ORDINANCE NO. 129 of the city of Allen, Tex., whereby, 115.771 ACRES OF LAND IN THE WILLIAM PERRIN SURVEY, ABST. NO. 708, ARE REZONED GI -PD i [GENERAL INDUSTRIAL -PLAN- ED DEVELOPMENT]; WHEREBY 12.447 and 0.982 ACRES OF LAND IN THE WILLIAM PERRIN SURVEY, ABST. NO. •708, ARE REZONED LR - PD [LOCAL RETAIL -PLANNED DE- VELOPMENT]; 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 OR- DAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS - SECTION 1: That the property described as follows: BEING a survey of a tract of 115.771 acres of land in the WILLIAM PERRIN SURVEY, ABST. NO. 708, Collin County, Texas; and being more partic- ularly described as 'follows: COMMENCING at 'the point of intersection of the, located line of the Texas Traction Co. (as shown on map recorded in Vol. 147, Page 86 of the Deed Records of Collin County, Texas, and designated thereon as "Located Line S -D I Ry") with the North line of the C.M. Christie tract, said North line also being the South end of Hashum St. in Allen, Texas; said Commencing point also being 288.0 ft. along the North line of said Christie tract from the centerline of the H. & T. C. Railroad (100.0 ft. ROW) and on the West side thereof: THENCE N 89 deg 39' 00" E, along said North line, 30.79 ft.; THENCE S 12 deg 40'50" W, 186.79 ft to the POINT OF BEGINNING of the 115.771 acres described herein: THENCE S 12 deg 40' 50" W, 731.21 ft.; THENCE N 89 deg 39'00" E, 10.27 ft., THENCE S 12 deg 40'50" W, 189.98 ft. to a point in the Northwest line of said H. & T. C. Railroad; THENCE S 21 deg 57'00" W, along the Northwest line of said Railroad (50.0 ft. Northwest of and parallel to the centerline of same), 1767.9 ft.; THENCE N. 89 deg 31' 13" W, 868.18 ft.; THENCE N-00 deg 13' 31" W, 150.4 ft. designated thereon as "Located Line S -D I Ry") with the North line of the C.M. Christie tract, said North line also being the South end of Hashum St. in Allen, Texas; said Commencing point also being 288.0 ft. along the North line of said Christie tract from the centerline of the H. & T. C. Railroad (100.0 ft. ROW) and on the West side thereof; THENCE N 89 deg 39' 00" E, along said North line, 30.79 ft.; THENCE S 12 deg 40' 50" W, 186.79 ft.; - THENCE S 89 deg 39'00" W, 177.21 ft.; THENCE N 00 deg 05'00" W, 632.5 ft. to a point in the South line of McDermott Drive; THENCE N 89 deg 52' 50" W, along the South line of McDermott Dr., 737.04 ft. to the POINT OF BEGINNING of the 12.447 acre tract described herein; THENCE S 00 deg 16'00" E, 470.0 ft.; THENCE S 76 deg 30' 00" W, 440.0 ft.; THENCE S 56 deg 30'00" W, 372.0 ft.; THENCE N 75 deg 44' 31" W, 334.56 ft. to a point in the Southeast line of U.S. Highway No. 75; THENCE NORTHEASTERLY, along the Southeast line of said Highway, as follows: 1st N 14 deg 15' 29" E, 145.96 ft. to a wood monument; 2nd N 30 deg 56'27" E, 325.35 ft. `to a wood monument; 3rd N 21 deg 21' 40" E, 129.95 ft.; THENCE N 89 deg 34'00" E, 150.0 ft.; THENCE N 19 deg 29' 00" E, 163.59 ft. to a point in the South line of said McDermott Dr.; THENCE S 89 deg 52' 50" E, along the- South line of McDermott Dr., 605.0 ft. ,to the POINT OF BEGINNING; and CONTAINING 12.447 acres of land, is hereby rezoned from R-2 (Residential) to LR -PD (Local Retail - Planned Develop- ment) and according to the uses allowed under General Zoning Ordinance N. 129 to the City of Allen and said Zoning Ordinance and all other Ordinances in conflict herewith are hereby amended accordingly. SECTION 3: That the property described as follows: BEING a survey of a tract of 0.982 acres of land in the WILLIAM PERRIN SURVEY, ABST. NO. 708, Collin County, Texas; and being more par- ticularly described as follows: COMMENCING at the point of intersection of the located line of the Texas Traction Co. (as shown on map recorded in Vol. 147, Page 86 of the Deed Records of Collin County, Texas, and designated thereon as "Located Line S -D I Ry") with the North line of the C.M. Christie tract,'said North line also being the South line of Hashum St. in Allen, Texas; said Commencing point also being 288.0 ft. along said North line of the Christie tract from the centerline of the H. & T.C. Railroad (100.0 ft. ROW) and on the West side thereof; THENCE N 89 deg 39' 00" E, along said North line, 30.79 ft.; THENCE S 12 deg 40'50" W, 186.79 THENCE N 89 deg 34' 31" W, 830.9 ft. fr'' ; to a point -of, the Southeast line of U.S. "THENCE S 89-deg,39' 00" W, 177.21 Highway No. 75; ft.; THENCE NORTHEASTERLY, along THENCE N 00 deg 05'00" W, 632.5 ft. the Southeast line of said Highway, as to a Point in the South line of follows: McDermott Dr.; 1st N. 14 deg 15'29" E, 1243.0 ft. to a THENCE N 89 deg 52' 50" W, along wood monument; , the South line of McDermott Dr., 460.0 2nd N 08 deg 31'41" E, 100.67 ft. to a ft. to the POINT OF BEGINNING of wood monument;, the line 0.982 acre tract described herein: 3rd N. 14 deg 15' 29" E, 1039.65 ft.; THENCE S 00 deg 16'00" E, 188.5'ft.; THENCE S 75 deg 44' 31" E, 334.56 THENCE N 89 deg 52' 50" W, 227.04 THENCE N 56 deg 30' 00" E, 372.0 ft.; THENCE N 76 deg 30'00" E, 440.0 ft.; THENCE N 00 deg 16'00" W, 470.0 ft. _ to a point in the South_ line of McDermott Drive; THENCE S 89 deg 52'50" E, along the South line of McDermott Dr., 50.0 ft.; THENCE S 00 deg 16'00" E, 188.5 ft.; THENCE S 89 deg 52' 50" E, 452.04 ft.; THENCE N 00 deg 16'00" W, 188.5 ft. to a point in the said South line of McDermott Dr.; THENCE S 89 deg 52' 50" E, along said South line, 50.0 ft.; THENCE S 00 deg 16'00" E, 170.0 ft.; THENCE S 89 deg 52' 50" E, 179.0 ft.; THENCE N 00 deg 16'00" W, 170.0 ft. to a point in the said South line of McDermott Dr.; _ate THENCE ft.; THENCE N 00 deg 16'00" W, 188.5 ft. to a point in the South line of said McDermott Dr.; THENCE S 89 deg 52' 50" E, along said South line, 227.04 ft. to the POINT OF BEGINNING; and CONTAINING 0.982 acres of land is hereby rezoned from R-2 (Residential) to LR -PD (Local Retail - Planned Develop ment) 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 4: It shall be unlawfu: any person, firm or corporation to use of said premises in some in other than as authorized by this nance, and it shall be unlawful for person, firm or corporation to const on said premises any building that is in conformity with the permissible under this Zoning Ordinance. SECTION 5: Any person, firm corporation who violates any provi; of this Ordinance shall be deemed gu of a misdemeanor, and upon convict therefor, shall be fined any sum exceeding $200.00, and each and ev day that such violation continues sl be considered a separate offense; I vided, however, that such penal F vision shall not preclude a suit to enj such violation. SECTION 6: The caption of Ordinance shall be published one (1)1 in a weekly newspaper published in City of Allen, and shall be effec immediately upon its passage and publication. PASSED AND APPROVED BY T14 CITY COUNCIL OF THE CITY U ALLEN, TEXAS, on this 3rd day l March, 1977. i -s-Frank Dugger Mayor, City of Aller. CORRECTLY RECORDED: -s-Juanelle Cooksey, City Secretary