O-1175-5-93ORDINANCE NO. 1175-5-93
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
REPEALING ORDINANCE NO. 535-8-84 AND AMENDING
COMPREHENSIVE ZONING ORDINANCE NO. 829-11-87, AS PREVIOUSLY
AMENDED, TO ESTABLISH PERMANENT ZONING ON 139.148 ACRES OF
LAND IN THE PETER FISHER SURVEY, ABSTRACT NO. 324, CITY OF
ALLEN, COLLIN COUNTY, TEXAS, AS FOLLOWS, TO -WIT: 'R -4(R)" ON 35.2
ACRES OF LAND; "R -5(R)" ON 70.9 ACRES OF LAND, "GH(R)" GARDEN
HOME ON 29.2 ACRES OF LAND; AND, "LR" LOCAL RETAIL ON 3.8 ACRES
OF LAND; PROVIDING FOR EXHIBIT "A" LEGAL DESCRIPTION;
PROVIDING FOR EXHIBIT 'B" LAND USE PLAN, PROVIDING FOR A
PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND
DOLLARS ($2,000.00) FOR EACH OFFENSE; PROVIDING FOR A
SEVERABILITY CLAUSE; AND PROVIDING FOR THE EFFEC11VE 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 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have concluded that Ordinance No. 535-8-84 should be repealed and Comprehensive Zoning Ordinance
No. 829-11-87, as previously amended, should be amended;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, THAT:
SECTION 1: From and after the effective date of this ordinance, Ordinance No. 535-8-84 is hereby
repealed.
SECTION 2: Comprehensive Zoning Ordinance No. 829-11-87 of the City of Allen, Texas, as
previously amended, be and the same is hereby amended by amending the Zoning Map of the City of
Allen on a 139.148 acre tract of land, described in Exhibit "A" attached hereto and made a part hereof
for all purposes, to give the following tracts of land the following classifications, to -wit:
"R -4(R)" on 35.2 acres of land; 'R -5(R)" on 70.9 acres of land; "GH(R)" Garden Home
on 29.2 acres of land; and, "LR" Local Retail on 3.8 acres of land, in Abstract No. 324
of the Peter Fisher Survey, City of Allen, Collin County, Texas.
SECTION 3: The land use plan, attached hereto as Exhibit "B" and made a part hereof for all
purposes, shall be adhered to in its entirety.
SECTION 4: The "R -4,"'R-5" and "GH" Garden Home Districts shall be restricted to the following
minimum dwelling floor area:
R-4 1,600 square feet, except that both sides of the most northern street
adjacent to Country Meadow Addition shall be restricted to 2,000
square feet
R-5 1,600 square feet
GH 1,400 square feet
SECTIONS: 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, that all other provisions of said ordinances
not in conflict herewith shall remain in full force and effect.
SECTION 6: The property described in Exhibit "A" attached hereto shall be used in the manner and
for the purposes provided for as approved herein.
SECTION 7: 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.
829-11-87 of the City of Allen, as previously amended, and upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand Dollars ($2,000.00) for each offense.
SECTION 8: 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 9: 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 6 TH DAY OF MAY ,1993.
APPROVED AS TO FORM:
SERMONIZE -
0
11 *' 1. 1 • e
Ordinance No.
APPROVED:
`lP
oe Farmer, MAYOR
NW"
1175-5-93 page 2
0
0
t1ARRANTY DUKE; WITII VENDOR'S L1FN1 i1;11918�1 59G
'till; STA'i L OF ThXAS 1
1 WOW ALL NEN fly T111Sn i'HUSENTS:
COUNTY OF C06LIll
That 1, MAACARLI' xE1'RU;t CO?., o single worlan, foruerly
NAkCA111:T KETHOP 1100116, curviviny widow of W.' i.eu hoore, ana '
also • surviving wio4w of Ashton C. Cou. and now Ce3miing its
Dalla,: County, :vxas, acting herein by ana through rty agent and
attornw;•-tn-tact ti. Lit 1SOURC, JH., for ana in conailurration of
:rn (ilU.UUI Uullars dnu other valuaDie conbideration to tr.e
unu%rt<i{nvd F.:.tu by the Gtbntee h0rutn nanea, the et;Ceipt of
which it- acknovleygcd, ano the furthtr consideration of
the vxecutlotl ano delivery by tnv Gr+ntt-e herein of ltd one
CaCtailt promissory note eateu aunt 16, 1964, in the pcineipal
sura C1 $4,1$0,%U , payable to the orcer of SUNBELT SLRVICL CUK-
Yt}HATION at ttr. otfice in oallas, Dallas County, Texas, as
therein 'I1-roviac0 -611u beating intectat , at �tbe r4tea herein
specilted vino pruvldtog for acceleration of aaturity in the
` event of oelault ana for attorney's fere, the payment of
S4,U47,325 of which note LS secured by the vendor4a lien heroin
retained, and all of which note is acoltlonally Secured by a
'
Dees of Truxr Jateu u.,ne 16, 1984 to t:bWAFD A. 1+MRSEN,
Trustee, have (AfAIITCU, SOLD arta COIdVLYLD ana by tnese presents
do CAAH1, SF,;.;. ano t:ONVLy unto BASS DLVELOPV..IN: CCNPANIc, 5520
L13J tretwaY, Sutte 220, D]llas, Texas, 7524U, is corporation
duly ornzonizvu .ano existing unser the laws: of the State of
Texas. with its principal otfice in the County of Dallas ano
State of Texas, 611 at the following described real property in
CoAli11 County, Tex&r, to -wit:
UE1Nti n tract of lino ntct,atau in the Peter Fishec
Survey, Abstract No. .124, ;.City Or Allen, COliin
CJunty. Texas, ano being sore oarttcularly descrih&-d
as ,fol lows:
"Ort my 22eu tltth Vgnaor's Lien- Hage 1
Ordinance No. 1175-5-93
EHhibit 1141(111 +
HEATH/KNIGHT TEL: 214-248-9196 Mar 11.__,
':UL 1918':: 597
UEGINNII:C, at a point in the north ti nn of rM1 2170
(Main street) (a 90' It. U. i1. ) said point being 14
i $9.26452'W, a distance of 70.91 feet tcan the point of
intersection of said North lino at FM 2174 and the
centerline of Malone (toad .(a 60' H.U.1:. ) saio center-
line of ralone Itoao also being tho East lint of
nbuve-mcntioned Peter riskier survey, wooden K.U.N.
n1krker trend fur corner;
T110:CU, along said teocth line of Fit 2170, the follow-
ing:
t:.49.26'SZ'ir, a oiatalece of 1lbb.02 Leet to a wooden
R.O.;4.•taafxcc found for cernur:
11.8y•5l'3U•l1, a distanct= oC 1395.17 feet to the South-
east corner of First Uaptist Church u[ Allen, 4.0 acre
tract, d woouen lt.O.W. marker Lound for corner;
THENCE, h.0•15'49611, along the East line of said First
i1:Ntist Church tc8CL a distance oc 473,11 toot to the
Southeast corner of Tilabtr Deno, kicst increment, •an•
addition to the City of Allen, Collin County, Texas,
on iron stake: toting fur corner:
;IILNcE, N.U•iwo,l1. along tn♦ Cast line of said
:iLiber. Ucno, First lncreiment, a distance of 1730.0
fret to the southwest corner of Country Reauow, Phase
one, on audition to the City of Allen, Collin County,
Texas, an icon stake found Cor cvcoer;
ThLNCK, .:.01101IU'F, along the centerline of said
Malone Hoa0t a instance of 1499.84 feet to a point in
the above-mentioneo North line of tri 2170, an iron
stake set for corner:
TbEtrCV, Along Bald North line of t'A 2170, the follow-
ing:
S.1;964^/S0':;, a distance of 30.0 feet to a wooden
it.U.11. clacker tound for Corner;
S.39.371171u, a U►stattce Of 63.91 feet to the, NLACt OF
OEOVININC ono containing 139.145 acres of land.
At
TO NAVE ANU TO HOLD the above aeucribea preoines, togetber
with all and singular the rights and appucteriancea' tbereto in
Y� anywiase helcnying, unto the- said Grantee, its successors and
as:iynY forever: and 1 do hereby bird ryselt. my heirs, execu- r
Warranty Deed With vendor's Licn- Page 2
0
TIirticE.
t1.B9144'u2'l:,
atony said South line of country
Me600u,
phase One, a
oiatance of 1t,4�2.48 feet to the
teorthwest corner Of a
future t:ountry mehDou Adiition
to the
City of Allvn,
an iron Stake 4vt for torneri
'
U;,A.
TUENCL;
' V.0601'07'We
•.along the •went line of. .aaid
f'
future
audition, a distance of 479.74 feet to an iron
�. A
�.
stake sett for Corner:
the South line
211Ettt E,
>;.89.48' S7'h,
along of said
future
Counts headou
Addition, a tiLatance of, 993.10
ti:•�:: " "``
feet to
a point in
the center of above-tsentioned
Malone
Road, an icon stake
found for corner;
S
ThLNCK, .:.01101IU'F, along the centerline of said
Malone Hoa0t a instance of 1499.84 feet to a point in
the above-mentioneo North line of tri 2170, an iron
stake set for corner:
TbEtrCV, Along Bald North line of t'A 2170, the follow-
ing:
S.1;964^/S0':;, a distance of 30.0 feet to a wooden
it.U.11. clacker tound for Corner;
S.39.371171u, a U►stattce Of 63.91 feet to the, NLACt OF
OEOVININC ono containing 139.145 acres of land.
At
TO NAVE ANU TO HOLD the above aeucribea preoines, togetber
with all and singular the rights and appucteriancea' tbereto in
Y� anywiase helcnying, unto the- said Grantee, its successors and
as:iynY forever: and 1 do hereby bird ryselt. my heirs, execu- r
Warranty Deed With vendor's Licn- Page 2
0
'IUi 1918': •158
Lars anu auministrotors to warrant Ana torever defend all and
singular Lhe said pr=ises unto the Caid grantee, its aucceS-
ears and assigns, ,against every person whor,sOever lawfully
clliieiny or to Claim the same or any hart thereof. SAVE AND
EXCLi•'P grantur does nut warrant title to that portion of the
above descrluel: property between the vire fence as it now
exists and thu i„ust southerly north line of this tract as shown
by survey by tion Tipton, Inc. dated May 23, 1984, certified
.tune; 1�, tyda, anu revised June 1$, 1981.
But it is expressly agreed that the VLNDOR'S LIEN, at: well
as the Superior Title in and Lo the above described preraLses,
is retained 0y6inSt the above described property, preFtiae8 and
is,proveuenca until ti►e above dOSCr lbed note and all interest
thereon are iu!ly paid 4ccordiny to t)ie Lace, tenor, ettect and
rea01119 thertot. when this deed shall becoge absolute. SUNBELT
UAVICC LORPORATION, At the instance anu the reryuest of the
Grantee he c n `
c i , hnviny,advanced and pats in cash to 't:ht craator�
„ heiein it a<S of ��.r.tiiy%ii!ti.r;:�ri`"ift�iii�(+<tf!?�I;'•,y<
.b's7, or tthe'•purchase price 'ai'� the bereiti• dts�
cribed property as is evideneea by the )rerein before:; described
,`;' $4,649.705 note the it Zvi i; � �•:.:i
F �i: . endarrs Lien, together with the Superior:i.:
r 4 • i•°r •.: ,:. ...• .�•':..z ��•. .::L! !� f'3'`'i L%!nX
Title to said t,rope:rty, is. retained herein for ;tbe •berietit,-.0p�
said SUHUrLT ST,LtVICE; CORPORATION and the acne is hereby TRANS
1'EMRLD and Aby1GNED to SURULLT SERVICE COAMRA;IOtr,
'anis conveyance is riade ane ac%:eptee eub7ect to the follow_
ing.
(1) Ayrtcultural Leaser between Margaret uetran Cox as
landlord. and v. F. itetn*r as Tenant etpirinq December
sl. 1461:
(2) Any r ighta,.,c=fa�tdiy i;a•.• favor of Tezaa power' 6 Lit)ht-.” "''' "`•
Conpany unaet-4%d66gaint dated July 9. 1960, filed. (or -
record October lZp-'1960; recordeei in Volume $72, Page
570, Colitn Countydeed Recotas:
L;. (3) rtlghta of the pyblle:.to .the use of any"' lying.,,,,►.
within the right -of -;-way of Malone Road along the east-,
• erly.bounaary.ol'.the above.described property; and .
(/) LAA sttng huilding and toning ordinances, if any.
uarronty Deed with Venrier's Lien- Paye 3
MAR 11 '93 9:33 314 248 9196 PAGE.05
0
i HEATH/KNIGHT TEL:214-248-9196
Mar 11 , 93 9:34 'No . 001 P.06
-�
599
f(5) All taxes for the Vurrunt and subsequent yeacs, anu
`f subsequent hasesilmentu for prlor years due tv change
to land usage uc ownecoWp.
E:XECU':EU this __Z�_ day u! June. 1984.
29= Z
�� T hbi M UX
Uv
Attorney -In Fac �of
MARGAXCT KLTRO COX
STATE OF TEXAS )
)
COUNTY OF DALLAS )
This instrument was ,lcknowleoged betore pt: on this
the day ut June. 1984, by N. LEE MOOKE. JR. as
tto my -in -tact on uehalt of MJ, unitT KhTRON: COX.
Notary public, Stat of Texas
(SLAW.
773—
(Please Print Mane of Notary)
s My caoulabLon expic
Return To: bans Developizent Cotapani
5520 LuJ Freeway, Suite 220 r.•'
Dallas, Texas 7524O . ;; �'+`.:.`,i: :•. ,t'`f
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i EXHIBIT "B
LOCAL "
•
RETAIL =
`. PROPOSED ZONING
\� `� =�••• :--3.8 AC. NINGSIDE ADDITION
r�r. (raw caTctT) 1 1�t,T• CITY OF ALLEN, TEXAS
r --r
I '
DEVELOPER
1
F.EATI 9 KNIGHT PROPtRTIES.INC.
DALLAS PKWY. SUITE 100
DALLAS. TEXAS
DAN IA. DOWDEY & ASSOCIATES. INC.
19230 DALLAS MM. DALLAS. TEXAS
Ordinance No. 1175-5-93
Elibabit 1161'
AFFIDAVIT AND PROOF OF PUBLICATION
.0
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published in
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation in
said county, and having been published regularly and continously for more than twelve (12)
months prior to publishing
139.148 Acres
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
Wednesday, April 7, 1993
and which was issued on April 7, 1993 ,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
C
SUBSCRIBED AND SWORN to before me this day of ,A.D. 19
'..wiN V. A. TODD
;*= My COMMISSION EXPIRES 0
'F Decembwr 1,1986
PUBLIC in and for COLLIN COUNTY, TEXAS
Publisher's fee $19 . 13
CITY OF ALLEN
;• NOTICE OF PUBLIC HEARING
Notice is hereby given. that the Allen City
Council will conduct a public hearing al
their regular meeting to be held on Thurs.
day, May 6,1993, at 7:30 p.m. in the Coun-
cil Chambers of the Allen Municipal Annex,
One Butler Circle, Allen, Texas, to consider
a request to amend the current zoning
FROM Office -DR, Local Retail, Multi-
family (DR), Town Home (DR), and Single
Family -DR, TO Single Family R-4 (DR),
Single Family R-5 (DR), Garden Homes
(DR), and Local Retail.
This is on property out of a 139.148 -acre
tract of land situated in Collin County,
Texas, out of the Peter Fisher Survey, Ab-
stract No. 324, City of Allen, Collin'County,
Texas, and being that same tract of land
conveyed to Bass Development Company
by Margaret Ketron Cox by deed dated
June 18, 1984, and recorded in Volume
1918, Page 596 in the Deed Records of
Collin County, Texas; further described as
being located at the northwest corner of
FM 2170 and Malone Road. -
Anyone wishing to speak either FOR or
AGAINST this request is invited to attend
this public hearing and voice their opinion.
Fp_r further information, contact the Depart-
nt of Community Development, City of
Allen, One Butleraffide7Allen;Texas, or.by
telephoning 727-0120.
/s/ Judy Morrison
City Secretary
AFFIDAVIT AND PROOF OF PUBLICATION
THE STATE OF TEXAS
COUNTY OF COLLIN
BEFORE ME, the undersigned authority, on this day personally appeared DEBBIE
TACKETT, who having been by me duly sworn, on oath deposes and says:
That she is the General Manager of THE ALLEN AMERICAN, a newspaper published it
COLLIN COUNTY, TEXAS, not less frequently than once a week, having a general circulation
said county, and having been published regularly and continously for more than twelve (12)
months prior to publishing
of which the attached is a true and written copy, and which was published in THE ALLEN
AMERICAN on
Wednesday May 12, 1993 & Sunday May 16, 1993
and which was issued on May 1 2 , 1993 ,
by City of Allen of COLLIN COUNTY, TEXAS.
A printed copy of said publication is attached hereto.
CITY OF ALLEN
PUBLIC NOTICE
Notice is hereby given that the Allen City
Council adopted the following ordinance at
their regular meeting held on Thursday,
May 6, 1993 (Title and Penalty Clause
only):
Ordinance No. 1175-5-93 An Ordinance
of the City of Allen, Collin County, Texas,
Repealing Ordinance No. 535-8-84 and
Amending Comprehensive Zoning Ordi-
nance No. 829-11-87, as Previously
Amended, to Establish Permanent Zoning
on 139.148 Acres of Land in the Peter
Fisher Survey, Abstract No. 324, City of
Allen, Collin County, Texas, as Follows, to
Wit: "R -4(R)" on 35.2 Acres of Land;
"R -5(R)" on 70.9 Acres of Land, "GH(R)"
Garden Home on 29.2 Acres of Land; and,
"LR" Local Retail on 3.8 Acres of Land;
Providing for Exhibit "A" Legal Description;
Providing for Exhibit "B" Land Use Plan;
Providing for a Penalty of Fine not to Ex-
ceed the Sum of Two Thousand Dollars
($2,000.00) for Each Offense; Providing
for a Severability Clause; and Providing for
the Effective Date of Said Ordinance.
That any person, firm or corporation violat-
ing any of the provisions or terms of this
ordinance shall be subject to the same
penalty as provided for in Comprehensive
Zoning Ordinance No. 829-11-87 of the
City of Allen, as heretofore amended, and
upon conviction shall be punished by a fine
not to exceed the sum of Two Thousand
Dollars ($2,000) for each offense.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Alleh',
Texas 75002.
/s/'Judy Morrison
SUBSCRIBED AND SWORN to before me this // day of W, ,4eJ A.D. 19_!?A - ----