R-652-10-853540
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RESOLUTION NO. 652-10-85 (R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING CERTAIN VOLUNTARY
DEED RESTRICTIONS ON APPROXIMATELY 3.7803 ACRES OF LAND
LOCATED IN THE PETER FISHER SURVEY, ABSTRACT NO. 324,
BLOCK NO. 12, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND
BEING PART OF THE ALLEN HEIGHTS VILLAGE SHOPPING CENTER
AT THE NORTHWEST CORNER OF THE INTERSECTION OF F.M. 2170
AND ALLEN HEIGHTS DRIVE; 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 3.7803
acres located in the Allen Heights Shopping Center at the Northwest corner of the
intersection of F.M. 2170 and Allen Heights Drive; 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 3.7803 acres of land located in the Allen
Heights Shopping Center at the Northwest corner of the intersection of F.M. 2170 and
Allen Heights Drive. 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 1 71-h day of nrtnher , 1985.
Ordinance No. 6 52-10-85 (R) - Page 1
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APPROVED:
t AA
ATTEST:
s
Marty Hendrix, Mar
ecretary
PPROVED AS TO FORM:
42
A. Don Crowder, City Attorney
Ordinance No. 652-10-85 (R) - Page 2
Attachment to Resolution No. 652-10-85(R), adopted 10/17/85
BOOK2292 PAGE379
Deed Restrictions
DEED RESTRICTIONS
THE STATE OF TEXAS X
X
COUNTY OF COLLIN X
KNOW ALL MEN BY THESE PRESENTS
That the undersigned, Allen Heights Joint Venture, is 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,Block 12 City of Allen, Collin County, Texas, and being 3.77
acres and Further described as the Northwest corner of H.W. 2170 and
Allen Heights Drive.
That the undersigned, Allen Heights 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 Theatres , Recreation & Entertainment uses, and Hotels/Motels.
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.
U
Attachment to Resolution No. 652-10-85(R), adopted 10/17/85
BOOK282 paA'Oul
Attachment to Resolution No. 652-10-85(R), adopted 10/17/85
go`oK2��� pAG�J�
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 J4 day of 1985.
.1-.. �.
Sam b. Beasley / Managing Parr
Allen Heights Joint Venture 40,
Pelurh 40
CITY SECRETARY
City of Allen
1 Butler Circle
Allen, Texas 15002
CITY SECRETARY
City of Allen
1 Butler Circle
Allen, Texas 15002
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Pelurh 40
CITY SECRETARY
City of Allen
1 Butler Circle
Allen, Texas 15002
CITY SECRETARY
City of Allen
1 Butler Circle
Allen, Texas 15002
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