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O-659-11-85ORDINANCE NO. 659-11-85 AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING COMPREHENSIVE ORDINANCE NO. 366-10-81, AS PREVIOUSLY AMENDED, SO AS TO CHANGE THE FOLLOWING -DESCRIBED TRACT OF LAND FROM "AO" AGRICULTURAL OPEN SPACE CLASSIFICATION TO PERMANENT ZONING OF "FP -CF" FLOOD PLAIN - COMMUNITY FACILITIES; SAID TRACT OF LAND BEING DESCRIBED AS FOLLOWS: APPROXIMATELY 27.303 ACRES OF LAND SITUATED IN THE THOMAS G. KENNEDY SURVEY, ABSTRACT NO. 500, LOCATED ON THE NORTHERN BOUNDARY OF THE ROWLETT CREEK FLOOD PLAIN, WEST OF U.S. 75, COLLIN COUNTY, TEXAS; PROVDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF $1,000.00 FOR EACH OFFENSE; PROVIDING FOR A SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFECTIVE DATE OF SAID ORDINANCE. WHEREAS, the Planning and Zoning Commission of the City of Allen, and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, should be amended: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS: SECTION 1. That Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, be and the same is hereby amended by amending the Zoning Map of the City of Allen on a 27.303 acre tract of land described in Exhibit "A" attached hereto and made a part hereof for all purposes by changing the zoning classification from "AO" (Agricultural -Open Space) to permanent zoning of "FP -CF" Flood Plain - Community Facility. Ordinance No. 6 5 9 -11- 8 5 Page 1 SECTION 2. That all ordinances of the City of Allen in conflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 3. That the above-described tract of land shall be used in the manner and for the purposes provided for by the Comprehensive Zoning Ordinance No. 366-10-81 of the City of Allen, as heretofore amended, and as amended herein by the granting of this zoning classification. SECTION 4. That any person, firm or corporation violating any of the provisions or terms of this ordinance shall be subject to the same penalty as provided for in Comprehensive Zoning Ordinance No. 366-10-81, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of One Thousand Dollars ($1,000.00) for each offense. SECTION 5. That it is hereby declared to be the intention of the City Council that the sections, paragraphs, sentences, clauses, and phrases of this ordinance are severable, and if any phrase, clause, sentence or section of this ordinance shall be declared unconstitutional or invalid by any judgment or decree of a court of competent jurisdiction, such unconstitutionality or invalidity shall not affect any other remaining phrase, clause, sentence, paragraph or section of this ordinance; and the City Council hereby declares it would have passed the remaining portions even though it had known the affected parts would be held unconstitutional. SECTION 6. That this ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, TEXAS, ON THE 7th DAY OF November , 1985. Ordinance No. 6 5 9 -11- 8 5 page 2 APPROVED: A is =45- resmMba-ugh, Mayor ATTEST: Marty Hendrix, Tty Secretary AP RO O FORM :U7: A. Don Crowder, City Attorney Ordinance No. 659-11-85- Page 3 Attachment to Ordinance No. 659-11-85, adopted 11/7/85 "EXHIBIT A" DESCRIPTION BEING a tract of land situated in the THOMAS G. KENNEDY SURVEY, ABSTRACT NO. 500, Collin County, Texas, and being part of the property conveyed to Charles J. Wilson and William D. Parsons by deed recorded in Volume 1678, Page 340, of the Deed Record of Said County, and being more particularly described as follows: BEGINNING at a point in the West line of U.S. Highway No. 75 (variable R.O.W.) said point being N 18034'26" E, a distance of 904.19 feet, as measured along said West line from its intersection with the South line of said THOMAS G. KENNEDY SURVEY; THENCE N 71056'00" W, 80.61 feet; THENCE N 39023'00" W, 82.30 feet; THENCE N 24027'00" W, 561.70 feet; THENCE S 79019'00" W, 96.00 feet; THENCE N 69050'00" W, 165.00 feet; THENCE S 69056'00" W, 69.80 feet; THENCE N 89029'30" W, 130.80 feet; THENCE N 16043'00" W, 162.60 feet; THENCE S 83059'00" W, 52.00 feet; THENCE S 24033'00" W, 163.20 feet; THENCE S 80054'00" W, 70.60 feet; THENCE N 55015'00" W, 248.60 feet; THENCE N 13010'00" W, 54.00 feet; THENCE N 33029'00" W, 62.50 feet; THENCE N 82011'40" W, 211.00 feet; THENCE N 53040150" W, 65.00 feet; THENCE N 04029'00" W, 115.00 feet; THENCE N 46038'02" E, along a line common to the Montgomery Farm Company tract recorded in Volume 1033, Page 886, a distance of 906.11 feet; THENCE S 46016'27" E, along a line common to the Wm. Slack Montgomery, Sr. tract a distance of 319.52 feet; THENCE S 62016'58" E, along a line common to said Wm. Slack Montgomery, Sr. tract a distance of 697.12 feet to a point in the centerline of the Little Rowlett Branch; THENCE along the Centerline meanders of said Little Rowlett Branch the following: CA 201 S 06057'59" E, 111.91 feet; S 28004-59" E, 19.30 feet; S 77°45'18" E, 61.46 feet; S 45057'18" E, 36.49 feet; S 48°29'37" W, 102.73 feet; S 53°54'55" W, 52.74 feet; S 39-56-34" E, 40.18 feet; S 55031'24" E, 172.36 feet; S 17041'50" E, 44.69 feet; S 71°36'06" W, 34.83 feet; N 82002'42" W, 104.68 feet; S 88024'44" W, 21.45 feet; S 33°46'00" E, 30.86 feet; S 40023'00" E, 36.97 feet; S 70058'50" E, 32.31 feet; N 73035'26" E, 76.47 feet; S 75°32'32" E, 37.14 feet; S 15°00'15" E, 27.93 feet; S 46059'06" W, 129.37 feet; S 14035'31" E, 82.98 feet; S 42°10'32" W, 146.20 feet; S 29°53'01" W, 44.64 feet; THENCE S 70020'41" E, leaving the meanders of Little Rowlett Branch and along a line common to the H. L. Drumwright tract as recorded in Volume 312, Page 488, of said Deed Records a distance of 138.64 feet to a point in the West line of U.S. Highway No. 75: THENCE S 18034'26" W, along said West line a distance of 250.31 feet to the POINT ''F BEGIN^!T"'^ m--:=_� a� _ 27.303 E_ _s of land, more or less. CA 201 i S' \ /00y, i lood Plom C.2, 200 • �' \ � T.,DD MONTGOMERY TRACT .�. �WILLIAMS TRACToil J ��, --.� ��_�' co \-FORBES TRACT A ` TRACT AREA — 27.303 ACRES PROPOSED ZONING — COMMUNITY FACILITY (CF) eibr _ { li �jy�. r ! �^•� /�� / 4'S 9"E ' I';' -A^�'St• P ®'l Tror»+n.s+.w� 7owe•4 '� \ //1 \Y � s77• /6'E 61,46 J/,= ,�� � _ r}�r_��1�+.+iF•• - / / � 1 i ' S4S•S7'/ 'F x 4n' / f \ I h '� � '^y' •� 54G'29'37^N /02 73 jtOWEii%HCl K\��\ \ 3 _ ' - s _ j 53• + z 7i. 1 �af.�' / � r4 , I ` ? AM o '29'00 tir //i.00• \�\ _ oss 3r 2+'E n2 3G' 517-41'50-E {jI'� IV 33• 'ago c76o' `� - � :� '• � � \� / tTRAr, .� ' �� �� /o oo•w 6.4.00" ji \\ o- F C. •Wo/k Girdle/ �'s,\ ,\ !`\ L+•tlManl h reye ZZ— ,\/ 57/'36'01."W 3+e3' Is / ,; 5 as � - _ 5eA•f�'44'w Z/45 _ _ ___ - •�t _ ` S33•dl'OOE i0 1L),' S 63•.59'00^W 2 00' / \ _ 66' � \� '00-E 3;,997' i N/a'45.00•W /62.0 •( / e/ } t { 570'5 50'E 3f -' t�iLJ W R sG9' S6'0o"W O,S eo'- I ;q ` 9 LOCATION MAP N7f'fs'Yc'E 76+7' SCALE• ('•2000b yll / / \ \_j=3 579'19'00"W 96.00' Corr [ WO/K Rr,d9E ` '\ / h* � s=�••�'�r^w 44'4+ Attachment to Ordinance No. A` - �/ 'Zo+IC 659-11-85 , adopted 11/7/85 \ • CHASE OAKS GOLF CLUB — PLANO_ \ \ J' I,l }'' so sen reW EST EXHIBIT "A" Mefe, And 3oundy 0n Fl—t SITE PLAN x CHASE OAKS GOLF CLUB -ALLEN N3 2 '00' e2 SIC. N THOMAS G KENNEDY SURVEY- ASST 500 ALLEN,COLLIN COUNTY,TEXAS N7/•ei'OON DO GI � - BREEZEWAY PROJECTS JOINT VENTURE OWNERS 16660 DALLAS PARKWAY SUITE 2000 DALLAS TEXAS It.)--1J 152•! JONES 9 BOYD, INC. ENGINEERS 13520 FLOYD ROAD. SUITE 102 DALLAS TEXAS 12w 2v-n: 752.5 THE STATE OF TEXAS COUNTY OF COLLIN AFFIDAVIT XND PhOOF OF PUBLICATION Charles F. Barnard, Jr. BEFORE ME, the undersigned authority, on this day personally appeared �_, 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 Notice of Public Hearing - Cambridge Dev. Co. - Chase Oaks Golf Course of which the attached is a true and written copy, and which was published in THE ALLEN AMERICAN on n,--Fnhar n- 1985 and which was issued on 10-20-85 by City of Allen of Collin County, Texas. A printed copy of said publication is attac d here 18th November 101,85 SUBSCRIBED AND SWORN to before me this day of , A.D. 19 Notary Pubi. in and for Collin County, Texas Publisher's Fee $ 15 .6 0 101a0 - - NOTICE OF PUBLIC HEARING Notice is hereby given that the Allen City Coun• cil will conduct a public hearing at 7:30 p.m. on Thursday, November 7, 1985, in the Council Chambers of the Allen Municipal Annex, One Butler Circle, Allen, Texas, to consider a re- quest for permanent zon- ing of CF (Community Facilities) and site plan approval on 27.303 acres of land, as requested by Cambridge Development Company. This pernament zon- ing' request is for CF (Community Facilities) and site plan approval on 27.303 acres of land in We Rowlett Creek Flood Plain' out of -the Thomas G. Kennedy Survey, Abstract No. 500, located as being the nor- thern boundary of Rowlett -Creek, west of U.S. 75. This proposal is part of the-Cliase Oaks Golf Course Develop- ment (three holes) located in Plano. Anyone wishing to speak either - FOR or AGAINST this request is, invited to attend this) public hearing and voice) their opinion. If further information is needed, contact the Department of Com- munity Development, Allen Municipal Annex, at 727-9171 or 424.7518 (metro). Marty Hendrix, City Secretary (To be published In the Allen American on Satur- day, October 19, 1985.)