R-650-10-85i&2 92 ent
RESOLUTION NO. 650-10-85 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING CERTAIN VOLUNTARY
DEED RESTRICTIONS ON APPROXIMATELY 3.67 ACRES OF LAND
LOCATED IN THE WILLIAM PERRIN SURVEY, ABSTRACT NO. 708, IN
THE R. SEWELL SURVEY, ABSTRACT NO. 875, COLLIN COUNTY,
TEXAS, AND BEING A PART OF THE BETHANY PLAZA SHOPPING
CENTER AT THE NORTHEAST CORNER OF BETHANY ROAD AND
STATE HIGHWAY NO. 5; 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 3.67
acres located in the Bethany Plaza Shopping Center at the Northeast corner of Bethany
Road and State Highway No. 5; 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:
Section 1. The City of Allen does hereby adopt the attached deed restrictions
volunteered by the owner of approximately 3.67 acres of land located in the Bethany
Plaza Shopping Center at the Northeast corner of Bethany Road and State Highway No.
5. 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 17th day of October , 1985.
O
Ordinance No. 5 c; n - n - R s (,R) - Page 1
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APPROVED:
{OF
Donald P. Rodenbaugh, Mayor
r
ATTEST:
Marty Hendrix, Ci Secretary
Don Crowder, City Attorney
Ordinance No. 650-10-85(R) _ Page 2
Attachment to Resolution No. 650-10-85(R), adopted 10/17/85
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Deed Restrictions
DEED RESTRICTIONS
THE STATE OF TEXAS X
X
COUNTY OF COLLIN X
KNOW ALL MEN BY THESE PRESENTS
That the undersigned, Bethany Plaza Joint Venture, is owner .of
the following described property situated in Collin County, Texas being
in particular a tract of land out of the William Perrin Survey, Abstract
No. 708 and The R. Sewell Survey, Abstract No. 875, City of Allen,
Collin County, Texas, and being 3.67 acres and further described as
the Northeast corner of H.W. 5 and Bethany Road.
That the undersigned, Bethany Plaza Joint Venture, does hereby
impress all of the following described property with the following
deed restrictions, to- wit: To restrict the use of the property against
Indoor Theaters and Recreation & Entertainment uses, and Building
Materials.
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 the (10)
years unless terminated in the manner specified herein.
Attachment to Resolution No. 650-10-85(R), adopted 10/17/85
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PA075
These restrictions shall not be altered, amended or terminated
without a public hearing before the City Planning 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 ay 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,
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 such restrictions, either to prevent him from
doing and to correct such violation and for further remedy, the City
of Allen may withold the Certificate of Occupany necessary for the
lawful use of the property until such restrictions described herein
are fully complied with.
These restrictions are hereby declared convenants 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 restricitons and covenants.
EXECUTED this the 41 day of 1 , 1985.
Sam D. Beasley / Managing Partnjr
Bethany1Plaza Joint Venture
a
Attachment to Resolution No. 650-10-85(R), adopted 10/17/85
THE STATE OF TEXAS X
X
COUNTY OF COLLIN X
J
BEFORE ME, the'.undersigned, a Notary Public in and for Collin
hslday�personally appreared Sam D. Beasley known
County, Texas, on i
to me to be the persoin�whose name is subscribed to the foregoing instrument
and acknowledged to•rie'that he executed the same for the purposes and
consideration therein � expressedl.4 �
v. ..
GIVEN UNDER MY HAND AND SEAL,OF OFFICE this the day
of �� �, 1985.
(i�L in and for c6LLI14 COUNTY, TEXAS
X
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