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O-243-6-78CITY OF ALLEN, TEXAS, ORDINANCE NO. !phi AN ORDINANCE AMENDING ZONING ORDINANCE NO. � OF THE CITY OF ALLEN, TEXAS, SO THAT CERTAIN PROPERTY HERETOFORE ZONED TH-PD (TOWNHOUSE -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: BEING a tract of land situated in the Rufus Sewell Survey, Abstract No. 883, and the Rufus Sewell Survey, Abstract No. 875, City of Allen, Collin County, Texas, and being part of a tract of land as deeded to H. B. H. Investment Company as recorded in Volume 809, Page 743, Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at the point of intersection of the Northeast line of Ridgemont Drive with the Southeast line of State Highway No. 5 an iron stake for corner; THENCE N 32 deg 33' E, along the said Southeast line of State Highway No. 5 a distance of 1968.42 feet to the point of intersection fo said Southeast line of State Highway No. 5 with the Southwest line of Hightrail Drive, an iron stake for corner; THENCE S 57 deg 27' E, along said Hightrail Drive a distance of 400.00 feet to a point on the Northwest line of Windridge No. 1, Revised, an Addition to the City of Allen, as recorded in Volume 10 at page 54 of the Collin County Map Records, an iron stake found for corner; THENCE S 32 deg 33' W leaving said Hightrail Drive and proceeding along the Northwest line of Windridge No. 1, Revised, part of the way and along the Northwest line of Windridge No. 2 part of the way, a distance of 1833.00 feet to a point on the Northeast line of Ridgemont Drive, an iron stake found for corner; THENCE leaving Windridge No. 2 and proceeding along the Northeast line of Ridgemont Drive, the following: WESTERLY around a curve to the left having a central angle of 48 deg 35' 26" and a radius of 230.00 feet, a distance of 195.06 feet to the beginning of a curve to the right having a central angle of 48 deg 35' 26" and a radius of 170.00 feet, an iron stake for corner; WESTERLY around said curve to the right a distance of 144.17 feet to an iron stake for corner; N 57 deg 27' W a distance of 100.00 feet to the Place of Beginning and Containing 17.582 acres of land. is hereby rezoned from its present Zone TH-PD (Townhouse -Planned Development) to Zone GB (General Business) as per plat attached and made a part hereof as though written herein and Zoning Ordinance No. 129 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 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 est day of June , 1978. G CORRECTLY RECORDED: 62 cretary ayor City of Allen, Texas