O-1303-12-94ORDINANCE NO. 1303-12-94
AN ORDINANCE OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS,
VACATING THE PREVIOUSLY APPROVED SITE PLAN FOR 11.189 ACRES OF
LAND LOCATED IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, AT
THE SOUTHEAST CORNER OF MC DERMOTT DRIVE AND U.S. 75;
PROVIDING FOR AN EFFECTIVE DATE; AND PROVIDING FOR
PUBLICATION OF THE CAPTION.
WHEREAS, the City of Allen has determined that the extension of Allen Drive between Bonham
and U.S. 75 is no longer necessary; and,
WHEREAS, the size of the property is being increased over that which is contained within the
approved site plan; and,
WHEREAS, the City Council deems it appropriate to vacate the existing approved site plan that
is attached as Exhibit "A"; and,
WHEREAS, the City Council is directing City staff to authorize a new site plan to be in
conformance with the concept plan attached as Exhibit "B"; and,
WHEREAS, the development standards attached hereto as Exhibit "C" have been submitted and
determined to be appropriate for the development of the property.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS:
SECTION 1. The site plan attached hereto and made a part hereof for all purposes as Exhibit
"A" is hereby vacated.
SECTION 2. City staff is hereby authorized to approve a new site plan which shall be generally
in conformance with the concept plan attached hereto and made a part hereof for all purposes
as Exhibit "B".
SECTION 3. The development standards attached hereto and made a part hereof for all purposes
as Exhibit "C" shall be adhered to in its entirety.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN,
TEXAS, ON THE 1ST DAY OF DECEMBER , 1994.
V 9001TJ D1 9
er
'7e-ct��
foe Farmer, MAYOR
APPROVED AS TO FORM: T:
A. beWCro ,-OI RNEY J y M ' on, CMC, CITY SECRETARY
PROPOSED
/ SIGNALIZAI ION
McDERMOTT ROAD�cENn I•IOPOSI-D LEI IUIIN LANI
SIGN
LANDSCAPED OEDM — -- --- -
_
t I YYI'I 1 I I I Ir�.a * LOT'B
�-f1,I
0.9= AC. F 1.2z -AC.
* DRIVE-TARU H
5,000 SF PROPOSED 40' WIDE R.O.W.
'
EXIST ING GASOLINE = RESTAURAN 26 5 nED D - '�' OEOICATION FOR THE
PROPOSED
a RETAIL SALES 3.200 ST SF LIC 26 SP SHAWN AO CONSTRUCTION OF THE WEST
IMPROVEM TS HALF OF OONMAM DRIVE TO
/ DRIVE THRU DRIv- IN ��( ACCOMMODATE THE
72 SPACES REO'D ,� I.0 STACKING Tu4RAS. (_� REOUI REMENTS OF A
P WN DISTANCE LANOSCe ^M M CLASS CID STREET.
PROPOSED E.AN BREAK
TYPICAL RH .: syrRQi�vs•.` C�•�ty?i7�R•. _V,�.I, _}-..,. - •� =Irl AND NEW DRIVE ENTRY
TURN T P R + •Y'•: n I 70 LIBRARY.
WITH 70 1A US 5 •• 5" ., r 5 —
/ *
SFACE APE
CT - FAAAwD ER
E tYfIU� _ _
OO i `- k .j1DyEBMA _ TR yD �' �a O
r zii'rFuL PAAA sPAcls * ` 2.
\� PIIASE 2 1 H
E%PANSION X
RETAIL r,soo SF
HC 20,000 SIF 7• SP REO D```
J• SP SH075'2A'
Y< _ 100 SPACES REO D. -{----
1 105 SPACES SHOWN } ,
+ ALLEN DRIVE
`�yx.k JSG� •r,. __ ~�; • a ' _
EXISTING GO' F.O.W.'
GROCERY
E ExT EN5�O / GENERAL NOTES ~
49,250 SF W
V 246 SPACES REO'D E+ •, URN f� L ALL AREA SHADED THUSLY', SHALL BE O
_ 2t2 SPACES SHOWN '� _ / �A, �� DEDICATED FIRE LANES AND/OR MUTUAL W
P 3` l' �. ACCESS EASEMENTS.
CONCRETE SIDEWALK PER CITY 2. ALL PARKING LOTS, FIRE LANES. DIBV SWAYSr
P� DRIVEWAY ENTRANCES, CURD A GUTTERS,
OF ALLEN STANDARDS • [v
L TURNING RADII SHALL CONFORM TO
'L •.•.• \� Jo Q CITY OF ALLEN ENGINEERING STANDARDS
500
T / 7. ALL L E DESIGNATED WITH AN ASTERISK (#1
`•�.` v 'ii �% +I SMALL BE LANDSCAPED AND SHALL BE SERVED
/ LW -1' `` * +✓�'� ��F� `•p j BY A FULLY AUTOMATIC IRNGATION SYSTEM.
7` �- �' •i'9- " �' _// �Sh /` / . SEE SHEET 2 OF 2 FOR DESCRIPTION OF THE
/ ._' 0 1, (——�-/—/� PROPOSED 70 WIDE A W. DEDICATION FOR THE EX TENSION OF GERMED LANDSCAPE AREAS SHOWN ALONG
MIw 00 ALLEN DRIVE PLUS APPRO% 2500 SF DEDICATION TO ACCOMMODATE ALLEN DNVE
THE MINIMUM CURVE RADIUS AS REQUITED FOR TILE CONSTRUCTION 5 SPEED CONTROL DCVICES WI111 rl
OF A CLASS C.0 STREET
APPROVAL OF CITY STAFF
NORTH HALF F
\ TAI'EII TO BE PROVIDED SOUTH HOALF OF ALLEN DnlvC BY CITY ALLEN ORWC OF DEVELOPER
ALL LN
Ai
or I— CITY OF ALIEN 7 ETAIL DEVELOPMENT FOR
iii- clad -mac
Ej ® 0 xf 50 00 rs0 MCDERMOTT IUS 75
....... ....... ........ .. ALLEN. TEXAS
N Exhibit "fl" P.,. N DDI
... .... ...... ... ,[r 4 DCT
- F)fE
Ko �
z \
R \
GHWA
\
t, n
F A t�cFR\\
E
m
,-i
V
m
T
V
D
Z
1 0013
,41:9
m
i
■
m
N
I
L
•rte
FFE
UIIII II IIIIII'
pm
r
rM
r
I n
r I
I I N
,
40' R.0 W. DEDICATION i STREET CONSTRUCTION BONHAM DRIVE
(FUTURE CENTRY DR.)
;0
�r
mm
z
V6 -N -£0£T 'ON aDNKNIQdO
m S.E.C. U.S. HWY. 75 & McDERMOTT DRIVE
CALLAWAY
N IEVELOPKENT
RCH3�C
TS
ALLEN, TEXAS
RVICES
ORDINANCE NO. 1303-12-94
DECLARATION OF DEVELOPMENT STANDARDS
STATE OF TEXAS }
} KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN }
Greenway Investment Company (hereinafter referred to as "Owner"), being the owner
of that certain 11.19 acre tract and 3.259 acre tract of land located in the City of Allen, Collin
County, Texas, as more particularly described in Exhibit A and Exhibit B attached hereto and
incorporated herein by reference (the "Land"), in order to induce the City of Allen, Texas to
approve the Concept Plan, Owner does hereby impose the following restrictions and covenants
upon the Land to be effective from the date the Concept Plan becomes effective with respect
to the Land and to continue until such date as the Concept Plan may be changed without the
consent of the Owner of the Land at such time, which restrictions and covenants shall run
with title to the Land for the term indicated above:
1. Owner shall dedicate 40 feet of right-of-way along the East boundary line of
Tract A to construct the West two lanes of Bonham Drive as shown on the Concept Plan
attached hereto as Exhibit C and incorporated herein by reference (the "Concept Plan").
2. Owner shall, at Owner's expense, prepare all necessary construction documents
and construct, at Owner's expense, the two West lanes of Bonham Drive extending from Allen
Drive on the South to McDermott Drive on the North (including a median cut to the library
as shown on the Site Plan), in accordance with the normal construction standards of the City
of Allen. Upon the acceptance of such section of Bonham Drive for maintenance by the City
of Allen, the Owner will deposit the amount of $17.00 per linear foot of such section of
Bonham Drive with an escrow agent acceptable to the City of Allen and Owner (the "Escrow
Agent") to be held for disbursement to pay the actual costs incurred in landscaping the
median of such section of Bonham Drive.
3. Owner shall bear a proportionate share in the cost of remedying drainage
problems occurring downstream from the Land as a result of Owner's development on the
Land, based on a pro rata sharing on an acreage basis among all land owners whose land is
drained by the drainage structure to be constructed, provided that Owner's liability pursuant
to this paragraph shall in no event exceed $40,000.00.
4. Owner shall provide to the City of Allen, at Owner's expense, an updated traffic
impact analysis prepared by Kimley-Horn for review and approval by the City of Allen.
5. Owner shall prepare, at Owner's expense, a concept site plan reflecting the
proposed development by Owner on the property for approval by the City Council of the City
of Allen.
Uhihit "C"
ORDINANCE NO. 1303-12-94 -'
6. Any development by Owner on the property will be reasonably designed to be
architecturally compatible with the existing city complex located at the intersection of
Bonham Drive and McDermott, including color materials and general design elements.
7. No restaurant with a drive-through window shall be permitted as a permitted
use on Parcel 5, as shown on the Site Plan.
IN WITNESS WHEREOF, this Declaration of Restrictive Covenants has been
executed this day of November, 1994.
OWNER:
GREENWAY INVESTMENT COMPANY
By:
STATE OF TEXAS }
}
COUNTY OF }
Its:
This instrument was acknowledged before me on the
1994, by , as
on behalf of said corporation.
dtp.112304
day of.
of
Name: (Print)
Notary Public, State of Texas
My Commission Expires:
ORDINANCE Mr. 1303-12-94
EXHIBIT 'A'
TRACT A
BEIFG a tract of land situated in the WILLIAM PERRIN SURVpy,
ABSTRACT NO. 708, in the City of Allen, Collin County, Texas end
being part of the came tract of lend as t'--sarl.bed in a Dead
conveyed by Shelley Realtors, Inc., Trustee to Jimmy W. Wolf as
r*corded in Volume 1739 at Page 500 of the Deod Recorda of Collin
County, Texas, said being more particularly described by mates and
bounds as follows:
B.1ZGI1 NrM at a 1/2 inch iron rod not for corner at the intersection
of the south line of HcDormott Street (a 100 foot wide right-of-
way) with the west line of Bonham Drive (a 40 foot wide right-of-
way) a -j dedicated by the plat of ALLEN CITY COMPLEX ADDITION
REVISED, an Addition to the City of Allen according to the Hap
thereof recorded in Volume G at Pago 208 of the Hap Recorda of
Collin County, Texas;
THEPCE South 00 deg. 21 mi:i. 11 sec. East along the said west line
of Bonham Drive a distance of 420.00 feet to a 1/2 inch rod act at
the intersection of the said went line of Bonham Drive with the
northwesterly line of Lot 2 of said ALLEN CITY COMPLEX ADDITION
REVISED;
TEL-14CE along the said northwesterly line of said ALLEN CITY COMPLEX
ADDITION REVISED, the following:
SoQth 76 deg. 30 min. 00 sec. West, a distanco of 440.00 feet to a
5/8 inch iron rod found for corner;
South 56 deg. 30 min. 46 sec. West, a distance of 372.00 fact to a
1/2 inch iron rod found for corner;
North 75 deg. 50 min. 46 sec. West, a distt•tce of 388.43 feet to a
1/2 inch iron_ rod found for corner on the east line of U.S. Highway
No. 75 (a variable widtl right-of-way);
THE-VC11 along the east line of said U.S. Highway No. 75 the
following;
North 14 deg. 0" min. 10 sec. East, a distance of 136.16 feet to a
1/2 inch iron rod found for corner;
North 31 deg. 05 min. 22 sec. East, a distance of 336.23 feet to a
60d nail found in a wooden Post;
North 21 deg. 47 min. 13 sec. East, a distance of 42.94 feet t3 a
1/2 inch iron rod found for the southwest corner of Lot 1, Block 1
of PERRIN ADDITION , an Addition to tho City of Allan according to
the Hep thereof re;orded in Volume 8 at Page 34 of the Nap Records
of Collin County, Texas;
TH17C9 North 89 deg. 31 min. 06 sec. East, along the south line of
said PERRIN ADDITION, a distance of 253.05 fent to a 1/2 inch iron
rc•' fcind for the coutheast corner of said Additionl
TIGKNCH North 00 deg. 07 min. 46 sec. Went, along the east line of
said PERRIN ADDITION, a diatance of 163.91 feet to a 1/2 inch iron
rod found for the northeast corner of said Addition, name being on
the south line of the above mentioned McDermott Street;
THENCE South 69 deg. 56 min. 24 sec Enet, along the mouth line of
avid McDeru:ott Street, a distance of 588.21 foot to tho POIr" OF
Eit G I" I 0G I
ORDMANCE NO. 1303-12-94- K
EXHIBIT "B"
TRACT B
ORDINANCE NO. 1303-12-94
Exhibit B
Metes and Bounds Description
3.259 Acres
William Perrin Survey, A-708
Allen, Collin County, Texas
BEING a tract of land containing 3.259 acres, located in the City of Allen, Collin County,
Texas, part of the William Perrin Survey, Abstract No. 708, being part of the revised Lot 2,
Allen City Complex Addition as recorded in Cabinet G, Sheet 228 of the Map Records of
Collin County, Texas (MRCCT), and being more particularly described by metes and bounds
as follows (bearings referenced to said Addition):
BEGINNING at an iron rod for the northwest corner of said revised Allen City Complex
Addition, same being the southwest corner of that 11.189 acre parcel described by File No.
1992 0748 0794 of the Official Public Records of Real Property for Collin County, Texas,
said point being on the east right-of-way for U.S. Highway 75 (variable width ROW);
THENCE South 75' 47' 52" East, with the line common to said Addition and 11.189 acres,
338.43 feet to an iron rod for the POINT OF BEGINNING;
THENCE continuing with the line common to said tracts as follows:
North 56' 34' 26" East, 371.97 feet to an iron rod;
North 76' 27' 42" East, 398.90 feet to an iron rod;
THENCE South 00' 16'35" East, 250.00 feet to a point for corner;
THENCE South 84' 04'58" West, 438.76 feet to a point for corner;
THENCE South 56' 34' 26" West, 137.39 feet to a point for corner;
THENCE North 75' 47' 52" West, 500.03 feet to a point for corner on the aforesaid east
right-of-way for U.S. Highway 75;
THENCE North 14' 05' 28" East with said right-of-way, 34.00 feet to the POINT OF
BEGINNING and containing 3.259 acres.
ORDINANCE NO. 1303-12-94
S•kloly"' 75
z �
SFR
O \ yo
T�
V
Z —1
r"1149-hm
M n
m
N
I
Z
O
'
I
0
n
m
lillnililliJ
Luji
m
r
IN
i
40'R.O.M DEDICATION 4 STREET CONSTRUCTION BONHAM DRIVE
(FUTURE CENTRY DR.)
O
A
�r
mm
z
0
' CALLAWAY
S.E.C. U.S. HWY. 75 & McDERMOTT DRIVE
u ARCHITECTS
A
ALLEN, TEXAS I DEVZLOPKEST SERt;CtS
NOTE: 6Asrs OF W-AftN s 7S THE FNAL PUT r0RAYEN on
cD.RREX AMT1QN 11EY1sm
smie r -loo Doll: n
0491 neo b .
�1 Cn.ckee ey
rue o Yw1�AutN7
P,oi.cl No. o..owm
ORALMAC= EASEMENT
ALLEN ECONOMIC oEY CORP
ME No. 1992 0777 Idb
O.R.RP CC.T
BOUNDARY EXHIBIT
MILLIA.9 PERRIN SURVEY, A — 708
3.260 ACRES CITY OF ALLEN
COLUN COUNTY, TEXAS
NY PLAT
I
N
Klmisy-Horn sed Associates, Inc.
r.,w-w.. p►.rw" 0 w,.rwo
12060 C.;l No.e, 54""
200
Dodos, T—. 752" LTITI—lpy-Horn
rM. No. (214L3116-7007
MODERNATT
STREET
1
POWN AOWnON
CAR. N. SNEET J4
.IRCCT
GRAPHIC SCALE
1M rEa )
OU.VJ TY LAND NO 2
1 \ 109 R
W NO. 1"2 0748 0794
0 R.R.P GC T
ALLEN DRIVE
e
row7���_
POINT OF
3.259 ACRES
4;
ALLEN CITY COMPLEX ADDITION REVISED
CABINET G, PAGE 288
e0•
M. R. C. C. T.
v ;
V
A,� JJ44J• %
•��? j
SS4•D4'98•M
2.5•
„ur
xboJ• I
.
R
LOT 1
X' TPLL EASEMENT
vm .745 m JU
5.253 ACRES
LOT 2
ALLEN INDEPENDENT /k'
SCHOOL DISTRICT A�!
smie r -loo Doll: n
0491 neo b .
�1 Cn.ckee ey
rue o Yw1�AutN7
P,oi.cl No. o..owm
ORALMAC= EASEMENT
ALLEN ECONOMIC oEY CORP
ME No. 1992 0777 Idb
O.R.RP CC.T
BOUNDARY EXHIBIT
MILLIA.9 PERRIN SURVEY, A — 708
3.260 ACRES CITY OF ALLEN
COLUN COUNTY, TEXAS
NY PLAT
I
N
Klmisy-Horn sed Associates, Inc.
r.,w-w.. p►.rw" 0 w,.rwo
12060 C.;l No.e, 54""
200
Dodos, T—. 752" LTITI—lpy-Horn
rM. No. (214L3116-7007
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 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
Ordinance #1303-12-94
of which the attached is a true and written copy, and which was published
in THE ALLEN AMERICAN on
December -7, & December 10. 1994
and which was issued on
December 7,1994
by City of Allen of COLLIN COUNTY, TEXAS
A printed copy of said publicatio is attached hereto.
f
SUBSCRIBED AD S ORN to before me this
%S day A�.D}. 19�
si•"p�'ri�: V. A. TOLD U !�
*: *- MY COMMISSION EXPIRES OTARY PUBLIC in and for COLLIN COUNTY, TEXAS
iE'F• December 5, 1996
Publisher's fee $ 2 2 . 5 0
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,
December 1, 1994 (Title only):
Ordinance No. 1303-12-94 An Ordi-
nance of the City of Allen, Collin County,
Texas, Vacating the Previously Approved
Site Plan for 11.189 Acres of Land Located
in the William Perrin Survey, Abstract No
708, at the Southeast Corner of McDermott
Drive and US 75, Providing for an Effective
Date; and Providing for Publication of the
Caption.
P A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Texas
75002-2773.
s, Judy Morrison
City Secretary
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,
December 1, 1994 (Title only):
Ordinance No. 1303-12-94: An Ordi-
nance of the City of Allen, Collin County,
Texas, Vacating the Previously Approved
Site Plan for 11.189 Acres of Land Located
in the William Perrin Survey, Abstract No.
708, at the Southeast Corner of McDermott
Drive and US 75; Providing for an Effective
Date; and Providing for Publication of the
Caption.
A copy of this ordinance may be read or
purchased in the office of the City Secret-
ary, City of Allen, One Butler Circle, Texas
75002-2773.
/s/ Judy Morrison
City Secretary