R-595-3-85RESOLUTION NO. 595-3-85(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING CERTAIN VOLUNTARY
DEED RESTRICTIONS ON APPROXIMATELY 27 ACRES OF LAND
LOCATED AT THE NORTHEAST CORNER OF MALONE ROAD AND
PROPOSED BETHANY ROAD, 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 of the City of Allen, Collin
County, Texas, has reviewed certain voluntary deed restrictions on Tract 3, Zoned
"R -41T, (Residential) on approximately 27 acres located at the northeast corner of the
intersection of Malone Road and proposed Bethany Road; 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 ORDAINED BY THE CITY COUNCIL OF THE CITY
OF ALLEN, TEXAS:
SECTION 1. The City of Allen does hereby adopt the attached deed
restrictions volunteered by the owner of Tract 3, Zoned "R-4", (Residential) on
approximately 27 acres of land located at the northeast corner of Malone Road and
proposed Bethany Road. 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.
/Ordinance No. 5 9 5- 3- 8 5 (R) - Page 1
DULY PASSED by the City Council of the City of Allen, Collin County, Texas,
this the 21st day of MARCH , 1985.
APPROVED:
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ATTEST:
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Marty Hendrix, Ci6y Secretary
APPROVED AS TO FORM:
A. Don owder, City Attorney
Ordinance No. 595-3-85(R) - Page 2
Consulate General of the)
United States of America) SS:
at Hong Kong )
On this 30th day of April , 19 85, before
me, Laura R. Luftig , Vice Consul of the United
States of America at Hong Kong, duly commissioned and qualified,
personally appeared Daniel Yip , known to me
to be the Secretary of Terra Investments, Inc. ---=-----------
--------------------- , that executed the within instrument and
known to me to be the person who executed the within instrument
on behalf of the corporation therein named, and acknowledged to
me that such corporation executed the same.
IN WITNESS WHEREOF I have hereunto set my hand and offidial seal
the day and year last above written.
T* doccant Consists of L gag", a&
by t* •ffiM04 :
Lain. Truf t ig' J
American Vice Consul
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DEED RESTRICTION
THE STATE OF TEXAS
* KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN
That the undersigned, Terrra Investments, Inc. is the Owner of the
following described property situated in Collin County, Texas, being in.
particular a tract of land out of the William Snyder Survey, Abstract
#821, and being a resurvey of a called 76.188 acre tract, conveyed from
the Corporation for Economic Analysis of Real Estate Investment to A. N.
D. Limited Partnership be deed dated January 25, 1980, Volume 1230,
page 244 of the Deed Records of Collin County, Texas and being more
particularly described by metes and bounds as follows:
Field notes applicable to the individual tract as described
in the attached hereto as Exhibit "A".
That the undersigned, Terra Investments, Inc. does hereby impress
all of the following described property with the following deed
restriction, to -wit: Tract 3 as per attached hereto as Exhibit "B".
The minimum floor area for all dwelling units exclusive of
garages, breezeways and porches, shall be 1600 square feet.
This restriction 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.
1
This restriction 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 restriction contained herein is not in any manner intened 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.
This restriction inure to the benefit of the City of Allen, and the
undersigned Owner- hereof does hereby grant to the City of Allen the
right to prosecute, at law and in equity, against the person violating
or -attempting to violate the restriction, either to prevent him from so
doing and to correct 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 the restriction described herein is fully
complied with.
This restriction is hereby declared a covenant running with the
land and shall be fully binding upon all persons acquiring property
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 restriction and covenant.
EXECUTED this the30th day of April 19 85•
Daniel Yip
Secretary
K
EXHIBIT "A"
BEGINNING at an iron rod at the southwest corner of said Snyder Survey
and the southwest corner of said 76.188 acre tract at the intersection
of two public roads;
THENCE: N 0 31' W 2465.95 feet along the west line of said
Snyder Survey and along a public road to an iron rod for
corner;
THENCE: N 89 55' E passing steel fence posts set in concrete at
18.35 feet and 1328.4 feet, continuing for a total
distance of 1553.11 feet to an iron rod for corner at a
fence corner post;
THENCE: S 0 11' W 1324.00 feet part of the way along and near a
fence line and turnrow to an iron rod for corner;
THENCE: N 89 52' W 429.15 feet along and near a turnrow to an
iron rod for corner;
THENCE: S 0 32' E 1,145.17 feet along and near a turnrow to an
iron rod in the south line of said Snyder Survey and in a
public road;
THENCE: DUE WEST 1108.14 feet along the south line of said Snyder
Survey and along a public road to the POINT OF BEGINNING
and containing 76.017 acres of land more or less a
portion of which lies within said public road, leaving
74.797 acres net more or less, and being subject to a
power line along said public road on the west side of the
herein above described 76.017 acre tract.
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BETHANY ROAD vuE MEA 1106.141 —
DRINKLEY
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SARGENT, INC.
A Brinkley b Brhft Co"""
380 Two Lwwo1n Ce Wfe
5420 L BJ F reewry
Danas Texas 75240
214 950.8900
LR 6ACRES
TH 11.79 ACRES
SF: 57 ACRES
R3 30 ACRES (53%)
R4 27 ACRES (474x) DEED RESTRICTED 1600 S.F
MIN. HOUSESIZE
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MAIN ST.
(F.M. 2170)
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BETHANY RD.
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VICINITY MAP