R-599-4-85RESOLUTION NO. 599-4-85(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF ALLEN,
COLLIN COUNTY, TEXAS, ADOPTING CERTAIN VOLUNTARY DEED
RESTRICTIONS ON APPROXIMATELY 9.18 ACRES OF LAND LOCATED
NORTH OF F.M. 2170 AT APPROXIMATELY THE INTERSECTION OF
HILLSIDE LANE; 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 B, Zoned R-5,
(Residential) on approximately 4.1 acres located north of F.M. 2170 at approximately
the intersection of Hillside Lane; and,
WHEREAS, the Planning and Zoning Commission has recommended to 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:
Section 1. The City of Allen does hereby adopt the attached deed restrictions
volunteered by the owner of Tract B, Zoned R-5, (Residential) on approximately 4.1
acres of land located north of F.M. 2170 at approximately the intersection of Hillside
Lane. 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 ALLEN CITY COUNCIL ON THIS THE
4th DAY OF April , 1985.
Ordinance No. 599-4-85 (R) - Page 1
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APPROVED AS TO FORM:
A. Don Crowder, City Attorney
APPROVED:
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ATTEST:
Marty Hendrix, C' y Secretary
Ordinance No. 599-4-85(R) - Page 2
STATE OF TEXAS )
fOX.'4i ALL MI -N BY MESE PF.ESUI S :
C TATY OF CCLL 2 )
That the undersigned, Ethel H. Richards, is the owner of the following
described property situated in Collin County, 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:
COMMENCING at iron pin found, said point being on the North right-of-way of
state F.M. Road 2170 at Texas Highway Department Station 104 + 24.8 as shown on
file plat recorded in Volume 416, Page 213, Deed Records, Collin County, Texas;
THENCE, N 00°18119" E., a distance of 420.89 feet to the POINT OF
BEGINNING;
THENCE, N 00018119" E., a distance of 442.70 feet to an iron pin found for
corner;
THENCE, S 89°52116" E., a distance of 458.17 feet to an iron pin found for
corner;
THENCE, S 00012'08" W., a distance of 316.21 feet to a point for corner;
THENCE, N 89047'52" W., a distance of 160.79 feet to the beginning of a
curve to the left, having a central angle of 83° 21'40" and a radius of 64.0
feet;
THENCE, along said curve a distance of 93.12 feet to a point being the
beginning of a curve to the right having a central angle of 83° 27'51" and a
radius of 80.0 feet;
THENCE, along said curve a distance of 116.54 feet to a point for corner;
THENCE, N 89' 41'41" W., a distance of 155.0 feet to the POINT OF BEGINNING
and containing 17,4195 Square feet of 3.998 Acres of land.
That the undersigned, Ethel H. Richards, does hereby impress 3.998 Acres of
the following described nrooerty with the follawina deed restrictions. trr-wit•
"�5" Single ^amid, Residential Dist- c�
,be mirumLin floor area of any dweilinc Mali be SI-xteen hurcire:
(1,600) square feet, exclusive of garaces, breezeways, and porches.
'?'hese restrictions s:+all-cOntinue rn tul! tore and effect for a period :f
twenty-five (25) years from the date of execution, and shall automatically to
extended for additional periods of ten (10) years unless terminated in the
manner specified herein.
These restrictions shall not be altered, ame.-Zled 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 the right to
prosecute, at law and in equity, against the person violating of attempting to
violate such restrictions, 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 such
restrictions described herein are fully complies with.
These restrictions are hereby declarers covenants 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 the fully
perform the foregoing restrictions and co�v/erants.
Ei ECUTM this the day of �- 1985 .
Ethel H. Ric harts
THE STATE OF TEXAS
COUTriTY OF COLLI,N )
BEFORE ME, the undersigned, a Notary Public in and for Collin County,
Texas, on this day personally appeared Ethel H. Richards, known to .;ne to be the
persons whose name is subscribed to the foregoing instrument and acknowledged to
me that he executed the same for the purposes an considerations therein
expressed. •
IV N UNDER MY HAND AND SEAL OF 4/6
OFFICE this the `7"day of
1985.
pOROTHEA J. Y PUBLIC i or Collin County, Texas
NOTARY PUBLIC. STATTEXAS
COMM. EXPIRES A'
'---Pat Atkins, Project Manager
DCN A. TIPIGN
Representative for Ethel H. Richards