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O-224-9-77CITY OF ALLEN, TEXAS, ORDINANCE NO. 224 AN ORDINANCE AMENDING ZONING ORDINANCE NO. 129 OF THE CITY OF ALLEN, TEXAS, SO THAT CERTAIN PROPERTY HERETOFORE ZONED PD (PLANNED DEVELOPMENT) IS HEREBY REZONED AND PLACED IN ZONE GB (GENERAL BUSINESS); DESCRIBING THE TRACT TO BE REZONED; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE, PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Allen, Texas, is charged with the responsibility of providing for the public health, safety and welfare of the residents of the City of Allen, Texas; and, WHEREAS, zoning according to tracts offers a reasonable method for the City to provide control over subdivision of land within its boundaries, hereby properly limiting the uses of land within the Corporate Limits; and, WHEREAS, the property described in this Ordinance has been duly and lawfully incorporated in the City of Allen, Texas; and, WHEREAS, all legal notices and public hearings required for zoning by the laws of the State of,Texas have been -given in the manner and the form set forth by statute and a public hearing has been held on the proposed zoning classification; NOW, THEREFORE, BE IT ORDAINED by the City -Council of the City of Allen, Texas: SECTION 1: That the following described property, to -wit: TRACT THREE: SITUATED in Collin County, Texas, out of the Peter Fisher Survey, Abstract No. 324 and being a part of the 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, Page 247 of the Collin County Deed Records and being described more particularly by metes and bounds as follows: COMMENCING at the most westerly northwest corner of the said 82.37 acre tract; THENCE S 0 deg 07' 56" w, 303.67 feet; N 88 deg 11' 50" E, 146.80 feet; and S 0 deg 17' 10" Wr, 480.80 feet to the place,of beginning; THENCE N 89 deg 06' 35" E, 259.09 feet to a point for corner; THENCE S 1 deg 22' W, 100.0 feet to a point for corner in the north line of F. M. No. 2170; THENCE S 89 deg 05' 50" W, 257.20 feet along the north line of said F. M. No. 2170 to a point for corner; THENCE N 0 deg 17' 10" E, 100.0 feet to the place of beginning and containing 0.5923 acres of land; said tract no. 3 subject to a 60 foot wide roadway easement for ingress and egress to Tracts No. 1 and 2, said easement being described as follows: BEGINNING at the southwest corner of said Tract No. 3; THENCE S 89 deg 05' 50" W, 60.05 feet along the north R.O.W. line of said Farm Road No. 2170 to a point for corner therein; THENCE N 1 deg 22' E, 100.0 feet to a point for corner; THENCE N 89 deg 06' 35" E, 60.04 feet to a point for corner THENCE S 1 deg 22' W, 100.00 feet to the place of beginning and containing 0.1378 acres of land. is hereby rezoned from its present Zone PD (Planned Development) to Zone GB (General Business) as per plat attached and made a part hereof as though written herein and Zoning Ordinance No. and any other Ordinance in conflict with the provision above is hereby amended accordingly. SECTION 2: It shall be unlawful for any person, firm or corporation to make use of the hereinabove described premises in any manner other than is authorized by this Ordinance. SECTION 3: 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 4: The caption of this Ordinance shall be published one time in a weekly newspaper published in the City L1 of Allen, Texas, and shall be effective immediately upon its passage and such publication. DULY PASSED AND APPROVED by the City Council of the City of Allen, Texas, on this the 1st day of September 1977. CORRECTLY RECORDED: cret ary Frank Dugger, 6yw City of Allen, Texas