R-557-10-84RESOLUTION NO. 557-10-84 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS. ADOPTING CERTAIN VOLUNTARY
DEED RESTRICTIONS ON APPROXIMATELY 49.883 ACRES OF LAND
LOCATED WEST OF TIMBERBEND ADDITION, SOUTH OF REED PARK,
- AND EAST OF THE FOUNTAIN PARK ADDITION, AND PROVIDING THE
CITY OF ALLEN THE AUTHORITY TO WITHHOLD CERTIFICATES OF
OCCUPANCY NECESSARY FOR THE LAWFUL USE OF THE PROPERTY
UNTIL SUCH RESTRICTIONS ARE FULLY COMPLIED WITH.
WHEREAS, the Planning and Zoning Commission for the City of Allen, Collin
County, Texas has reviewed certain voluntary deed restrictions on approximately 49.883
acres located West of Timberbend Addition, South of Reed Park, and East of the
Fountain Park Addition; and,
WHEREAS, the Planning and Zoning Commission has recommended to the City
Council that the zoning be established as requested and that the deed restrictions
volunteered on the behalf of the land owner be adopted and enforced by the City of
Allen.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, COLLIN COUNTY, TEXAS: J
Section 1. The City of Allen does hereby adopt the attached deed restrictions
volunteered by the owner of approximately 49.883 acres of land located West of
Timberbend Addition, South of Reed Park, and East of the Fountain Park Addition. A
copy of said deed restrictions being attached hereto and incorporated herein for all
purposes pursuant to and in accordance with the zoning request approved.
Section 2. The City Secretary shall file of record in the Collin County Deed
Records, a copy of said deed restrictions.
Section 3. The City of Allen shall reserve the right to prosecute at law and in
equity against any person violating or attempting to violate such restrictions.
DULY PASSED AND APPROVED by the City Council of the City of Allen, Collin
County, Texas, this 18th day of OCTOBER , 1984.
Ordinance No. 5 5 7 -10 - 8 4 (R T- Page 1
APPROVED:
ATTEST:
n\ a6tm. "�' ��W L-,4-*
Marty Hendrix, tity Secretary
APPROVED AS TO FORM:
A. Don Crowder, City Attorney
Ordinance No. 557-10-84(R) - Page 2
Attachment to Resolution No. 557-10-84(R), adopted 10-18-84
t
DEED RESTRICTIONS 6Q0x20#41 lS
9 S9 7
THE STATE OF TEXAS
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
That the undersigned, Stephen L. Goodman, is the owner of
the following described property situated in Collin County,
L Texas, being in particular a tract of land out of the Peter
Fisher Survey, Abstract No. 324, City of Allen, Collin County,
Texas, and being a part of that tract of land described in a deed
to L. C. Richards, as recorded in Volume 291, Page 176 in the
Deed Records of Collin County, Texas, and being more particularly
described as follows:
BEGINNING at the Southwest corner of Fountain Park East
Installment No. 2 as recorded in Volume B, Page 398,
Plat Records, Collin County, Texas, an iron stake found
for corner;
THENCE S 890 48' 56" E, along the South boundary of
Fountain Park East Installment No. 2, a distance of
1568.93 feet to an iron stake for corner;
THENCE S 40 56' W, a distance of 678.27 feet to an iron
stake for corner;
THENCE S 300 14' 19" W, a distance of 263.21 feet to an
iron stake found for corner;
THENCE S 00 09' 39" E, a distance of 577.52 feef to an
iron stake for corner;
THENCE N 890 52' 16" W, passing at 929.39 feet, the
Northeast corner of a 2± acre tract being retained by
the L. C. Richards Estate, and continuing a total dis-
tance of 1387.56 feet to an iron stake found for corner;
THENCE N 00 18' 19" E, passing at 1087.30 feet, the
Southeast corner of Fountain Park, Second Section, as
recorded in Volume 8, Page 67, Plat Records of Collin
County, Texas, and continuing a total distance of
1482.62 feet to the PLACE OF BEGINNING and containing
2,172,915 square feet or 49.883 acres of land.
.A < 1
Attachment to Resolution No. 557-10-84(R), adopted 10-18-84
- o
0
That the undersigned, Stephen L. Goodman, does hereby
0
impress all of the following described property with the
following deed restrictions, to -wit:
"R-5" - Single Family Residential District:
The minimum floor area of any dwelling shall be as follows:
50% of the units - sixteen hundred (1,600) square feet;
25% of the units - eighteen hundred (1,800) square feet;
25% of the units - two thousand (2,000) square feet,
exclusive of garages, breezeways and porches.
These restrictions shall continue in full force and effect
for a period of twenty-five (25) years from the date of
execution, and shall automatically be extended for additional
periods of ten (10) years unless terminated in the manner
specified herein.
These restrictions shall not be altered, amended or
terminated without a public hearing before the City Plan
Commission and the City Council of the City of Allen. Notice of
such public hearings shall be given as would be required by law
for a zoning change on the property described herein.
The restrictions contained herein are not in any manner
intended to restrict the right of the City Council of the City of
Allen to exercise its legislative duties and powers insofar as
zoning of the property is concerned.
These restrictions inure to the benefit of the City of
Allen,,7-andtthe undersigned owner hereof does hereby grant to the
r 1
1 S j
2
Attachment to Resolution No. 557-10-84(R), adopted 10-18-84
.
m
City of Allen the right to prosecute, at law and in equity,bob
Q
against the person violating or attempting to violate such
.�
restrictions, either to prevent him fr,om so doing and to correct
U U
such violation and for further remedy, the City of Allen may
withhold the Certificate of Occupancy necessary for the lawful
use of the property until such restrictions described herein are
fully complied with.
These' •res't'rictions are hereby declared covenants running
with the and shall be fully binding upon all persons
",land
acquiring`"prope`rty"'."within the above described tract, and any
person by acceptance of title to any of the above described
property shall thereby agree and covenant to abide by and fully
perform the foregoing restrictions and covenants.
EXECUTED this the 19th day of October, 1984.
THE STATE OF TEXAS
COUNTY OF COLLIN )
BEFORE ME, the undersigned, a Notary Public in and for
Collin County, Texas, on this day personally appeared Stephen L.
Goodman, known to me to be the person whose name is subscribed to
the foregoing instrument and acknowledged to me that he executed
the same for the purposes and consideration therein expressed.
GIVEN UNDER MY AND AND SEAL OF OFFICE this the &,L4 day of
19 V .
-ell
ARY PUBLIC in &rYd or
Collin County, Texas
t" • •G° 808MES. SALTZMAN
• M
.,�...E 3 '' opt
•: �y t
90015
7 1965 Jnr 0
„ HELE! fi" ' C=
;'TATE CF I LXAS COUNTY OF COLLIN
t,:,d on the date ar-d time st -iped hereon by ms and
utas duly record d In lh^ VVI. mo and VLs of the named
records of Collin County, Texas as st-"'P ^ h raon by mL.
JAN 1 01985
z5
s'..
COUNTY CLERK. C00", County. TO)=
'V"
�- CITY SECRETARY
Ma;< MA2 .a W309, City of Allen
tb t!:g ~ VW-:� 1 Butler Circle
Allen, Texas 75002
0
O
i
D
J
�O
r
Blvd.
Rivercreat
0
c
EKIBTINO PARK TIMBER SEND
S ADDITION
0 FOUNTAIN PARK �r s
5 ADDITION . iCl�%jfpt
m W °
r
�Ae
Mem F M. 2170 Street
v
D
`m
L
THOROUGHFARE MAP
prepared by: prepared for:
FOUNTAIN PARK NO.
DON A TIPTON CONSULTING ENGINEER SASS OEYELOPMENT
BSS. BELT LINE ROAD SUITE C SSEO L B J FRWY SUITE 220 a 11 a n, texas
o aoo Boo Ixoo leoo
GARLAND, TEXAS 75043 GALLAS, TEXAS 75240
lu SNeR T•Se1
EXISTING RANK
I1
1 1
A1RWN LAKI
YIVf
I
111-1L
L
LF#_
MAIN
FK 21A STREET
M11K
!
IPpEt•10011. +
YM
W TIYB{RCRlOR
I ± pOPT
LCCTION MAP
SCALE V-2000'
I
E
I
PUP, ONG
YM
R-5
nER SEND
(SINGLE-FAMILY)
SAtY YOD(
DRNt
(40.86 ACRES)
3
IW TMN M
MS 2
[PALS. YDOt
CR[EXwOOS mI1RT
I 1EESt
DIIIV[
l
CRft1
J
w[� WURi
O
0 O
b
wAtDw tRool
Ylrc
N Brez u w
--
IainY
CHERRY -
-T
PROPOSED ZONING
FOUNTAIN PARK
NO. %
allen texas
prepared by:
DON A TIPTON INC. CONSULTING ENGINEER
prepared for.
BASS DEVELOPMENT
0
,
2220 BELT LWE ROAD SUITE C
SCALE •1 •ND' YT[-SiSA GARLAND, TEXAS 76043
6220 L.B J FRWT, SITE 220
DALLAS,TEII AS TS2A0
100 200
400 400
fu flfet TE6f1
CF
'"'""" ""
gIIK
(COMMUNITY FACILITIES)
WIN F. Elm STREET
(SINGE
MLYII
HIVE
I I. TI fERDR[E"
C0""T
a
LOCTION MAP
SCALE 1'-2000'
I
iw
I
RUl" GI[EX
SIIrvc
R-2
I
I DN R feaD
(SINGLE FAMILY)
ti
�
1
DREEN fRooX
r+ (PLA E D VELOPMENT)
Rrv!
I
FUD
(SINGL
Tux n
FA
I c"EE XwoED LOUR,
WE"
I
'
I
frRIN6 MWD
DRIVE
I w
1
' 1
c URESTwOOD
wEST COwET
LE
WILLow 6RooR
DRIVE
N 1!•52 N M ISH 56
R - 2 GB
cNERRTRWO
CDU6T
EXISTING ZONING
NE
(SINGLE FAMILY) (GENERAL BUSINESS)
FOUNTAIN PARK NO.
allen, texas
!GAIL •1 •IW' DAT -16A
prepared by, prepared for
DON A. TIPTON INC CONSULTING ENGINEER 6A99 DEVELOFMENT
6330 SELTLINE ROAD SUITE C 5520 L 6 J FRINY. SUITE 220
GARLAND. TEXAS 75043 DALLAS. TEXAS 75240 0 10
200 AO 600
O
O
O
J
ae
Blvd.
Rlvercrest
n
t
EXISTING PARK •� TIMBER SEND
ADDITION
Z` A''• rN ' --
y4 FOUNTAIN PARK-.•1' ,%q
AY}K3
DDITION
c
m
e m tI
a� o
oc ¢
�Ao
Mein F.M. 2170 Street
d
D
d
_ L
2
THOROUGHFARE MAP
prepared by: prepared for:
FOUNTAIN PARK NO.
DON A TIPTON CONSULTING ENGINEER BASS DEVELOPMENT
/330 BELT LINE ROAD SUITE C SS20 L S J FRWY SUITE 220 0 300 /00 1200 1/00 all a n, texas
O AR, AND. TEXAS 75043 DA„AS, TEXAS 7E2 40