R-727-9-86RESOLUTION NO. 727-9-86(R)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING CERTAIN VOLUNTARY
DEED RESTRICTIONS ON APPROXIMATELY 376.462 ACRES OF LAND
LOCATED SOUTH OF STACY ROAD, NORTH OF EXCHANGE
PARKWAY, WEST OF MALONE ROAD, AND ADJACENT TO THE
PROPOSED EXTENSION OF 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 of the City of Allen, -.Collin
County, Texas, has reviewed certain voluntary deed restrictions on approximately
376.462 acres located South of Stacy Road, North of Exchange Parkway, West of
Malone Road, and adjacent to the proposed extension of 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 376.462 acres of land located
South of Stacy Road, North of Exchange Parkway, West of Malone Road, and adjacent
to the proposed extension of Allen Heights Drive. A copy of said deed restrictions is
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 the 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.
Resolution No. 727-9-86 (R) - Page 1
DULY PASSED AND APPROVED BY THE ALLEN CITY COUNCIL ON THIS THE
4th DAY OF September , 1986.
APPROVED:
ATTEST:
1
Marty Hendrix, CMN, City Secretary
Resolution No. 727-9-86 (R) - Page 2
DEED RESTRICTIONS
THE STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN I
That the undersigned, Dabney/Bowen Joint Venture, is the owner
of the following described property situated in Collin County, Texas,
being in particular a tract of land out of the James T. Roberts. Sur-
vey, Abstract No. 777, City of Allen, Collin County, Texas, and being
that same tract of land conveyed to A.P. Development, Inc. by West
Energy, Inc. by deed dated July 11, 1983, and recorded in Volume
1690, Page 693 in the Deed Records of Collin County, Texas, and being
more particularly described as follows:
SITUATED in Collin County, Texas in the James T. Roberts Survey,
Abstract No. 777 and being a consolidation of a 139.155 acre tract of
land and a 240.986 acre tract of land, less a 3.678 acre tract of land,
said 240.986 acre tract of land being that same tract of land conveyed
to A.P. Development, Inc. from West Energy, Inc. by deed dated July
11 , 1983 and recorded in Volume 1690, page 693 of the Deed Records of
Collin County, Texas, said 139.155 acre tract of land being that same
tract of land conveyed to A.P. Development, Inc. from West Energy,
Inc. by deed dated July 29, 1983 and recirded in Volume 1704, page
489 of the Deed Records of Collin County, Texas, said 3.678 acre tract
of land lies within the right-of-way of proposed F.M. Hwy. #2768 a
deed of which is recorded in Volume 1137, page 863 of the Deed Re-
cords of Collin County, Texas and said consolidation being more partic-
ularly described by metes and bounds as follows:
COMMENCING at an iron rod found for corner in the center of Stacy
Road (proposed F.M. Hwy #2768) at the northeast corner of the James
T. Roberts Survey, Abstract No. 777 from which an iron rod found for
reference in the west line of Malone Road (County Road No. 264) and
1
the south line of a 3.678 acre tract of land out of the herein above
described 240.986 conveyed by Jack Johannes to the State of Texas by
deed recorded in Volume 1137, pace 863 of the Deed Records of Collin
County, Texas lies S 0 21' 58" E 55.93 feet and S 890 43' 50" W 30.01
feet;
THENCE: S 00 21' 58" E 55.93 feet to an iron rod at the POINT
OF BEGINNING;
THENCE: S 00 21' 58" E 2542.38 feet with the east line of said
240.986 acre tract and generally along the center of
Malone Road and along the east line of the said Roberts
Survey to an iron rod for corner found therein from
which an iron rod found for reference lies S 880 45' 00"
W 30.00 feet;
THENCE: DUE SOUTH 2682.6 feet with the east line of the 139.155
acre tract and the east line of said J.T. Roberts Survey
along and near a road to an iron rod for corner at the
southeast corner of said Roberts Survey and at the
intersection of (Malone Road) County Rd. #264 with
County Rd. #194 to the west;
THENCE: S 89° 25' W 2864.47 feet with the south line of said
Roberts Survey and with the south line of said 139.155
acre tract and along and near a road to an iron rod for
corner;
THENCE: N 0° 25' 30" W with the west line of said 139.155 acre
tract and passing iron rods at 300.0 feet and 1552.72
feet and continuing for a total distance of 1553.82 feet to
an iron rod for corner;
THENCE: S 890 11' 45" W 560.48 feet, along the south line of said
240.986 acre tract which an existing fence crosses back
and forth across the line, to an iron rod found for
corner from which a fence corner for the land to the
west lies West 2.0 feet and North 0.8 feet and a fence
corner for the herein described tract lies East 1.0 feet
and North 2.5 feet;
THENCE: N 0° 38' 45" W 1216.4 feet generally along and approxi-
mately 2 feet west of an existing fence line and along a
hedge row part of the way to an iron rod found against
the north side of the base of a 24 inch diameter Bois
d'arc tree used for the fence corner;
THENCE: N 890 13' 30" W 535.3 feet generally along an existing
fence and along a hedge row to an iron rod found for
corner near a fence corner post;
THENCE: N 00 34' 15" W 897.5 feet generally along an existing
fence and along a hedge row to an iron rod found for
corner at a fence corner post;
THENCE S 890 46' 45" E 1321.7 feet generally along the fence and
along a hedge row to an iron rod found for corner on
the south edge of a 15 inch diameter fence corner post;
THENCE: N 00 03' 00" W 1582.15 feet generally along an existing
fence and hedgerow to an iron rod for corner in the
2
0
south right-of-way line of proposed F.M. Hwy #2768
having an existing 120.0 foot wide right-of-way, said
iron rod bears S 00 03' E 68.44 feet from an iron rod in
the north line of said Roberts Survey and in the center
of Stacy Road;
THENCE With the south right-of-way line of proposed F.M. Hwy
#2768 as follows:
N 890 00' 00" E 359.7 feet to an iron rod at a point of
curve to the right;
With said curve having an arc length of 98.60 feet, a
central angle of 00 59' 47", a radius of 5669.6 feet and a
chord bearing and distance of N 890 30' 04" E 98.6 feet:
N 890 59' 47" E 1584.6 feet to an iron rod;
N 890 43' 50" E 614.80 feet to the POINT OF BEGINNING
and containing 16,398,699 square feet or 376.462 acres of
land more or less of which 5.161 acres of land lies within
a public road for which no record of conveyance could
be found and 0.321 acres in a drainage easement to the
State of Texas recorded in Volume 1704, page 343 of the
Deed Records of Collin County, Texas and leaving
370.980 net acres of land more or less.
That the undersigned, Dabney/Bowen Joint Venture, does hereby
impress all of the following described property with the following deed
restrictions, to -wit:
1. PURPOSE: To insure the quality of development on this property,
a limit on the number of units which can be built in each residen-
tial tract is specified below. The maximum number of units in
each tract is based on the tract's gross acreage multiplied by a
density factor. For tracts to be zoned R-4, a density factor of
3.2 units per gross acre has been used. Tracts to be zoned R-5
will have a maximum density factor of 3.8 units per gross acre.
2. RESTRICTIONS: Exhibit "A" shows the property divided into
several tracts. Each residential tract in this development will be
allowed a maximum number of units as follows:
3
Gross
Tract Zon ina Acreage
Maximum
No. of Units
1 R-4
16.7
53
2 R-5
44.1
168
4 R-4
48.1
154
6 R-4
37.5
120
7 R-5
197.5
750
1,245
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
aiven as would be required by law for a zoning change on the property
described herein.
These restrictions contained herein are not in any manner intended
to restrict the right of the City Council 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 violat-
ing or 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 complied with.
These restrictions are hereby declared 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 cove-
nant to abide by and fully perform the foregoing restrictions and
covenants.
4
O
EXECUTED this the 10th day of July, 1986.
Samuel Dabney Ware, President
Dabney Companies for
Dabney/Bowen Joint Venture
5
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 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 HAND AND SEAL OF OFFICE this the
day of 19
NOTARY PUBLIC in and for
COLL; N COUNTY, TEXAS
6
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RESOLUTION NO. -� -%C0
A RRSOLUTION OF TI19 CITY COUNCIL OF THE CITY OF
ALLEN, COLLIN COUNTY, TEXAS, ADOPTING CERTAIN VOLUNTARY
DEED RESTRICTIONS ON APPROXIMATELY 376.462 ACRES OF LAND
LOCATED SOUTH OF STACY ROAD, NORTH OF EXCHANGE
PARKWAY, WEST OF MALONE ROAD, AND ADJACENT TO THE
rR-Or(rRD EXTENSION OF ALLEN HEIGHTS DRIVE, AND PROVIDING
TIIF. t'ITY OF ALI.RN THP. AUTHORITY TO WITIIHOLD CERTIFTCATPq
OF OCCUPANCY NRCPSRARY FOR Tllli LAWFUL. URR OF THE
rROPF.R'rY UNTIL, SUCH RESTRICTIONS ARE FULLY COMPLIED
WITH.
WIIRRRAS, the Planning and Zoning Commission of the City of Allen, Collin
County, Texnc, Lias reviewed certain vohmtary deed restrictions on approximately
376.462 acres located South of Stacy Road, North of Exchange Parkway, West of
MRInne Road, and adJneent to the proposed extension of Allen Heights Drive; and,
WHEREAS, the Planning and Zoning Commission has recommended to the City
r oun,_il that the zoning he e9tablishPd a9 requested and that the deed restrictions -
v-ltmtPerPd on the hr-hnif of the lnnd owner be adopted and enfor"d by the City of
Allen;
NOW, THEREFORE, BE IT RFSOLVED BY THE CITY COUNCIL OF THE CITY
OF ALLRN, COLLIN COUNTY, TEXAS -
SE CON
EXAS:
SECTION 1. The City of Allen does hereby adopt the attached deed
restrictions volunteered by the owner of approximately 376.462 acres of land located
South of Stacy Road, North of Exchange Parkway, West of Malone Road, and adjacent
to the proposed extension of Allen Heights Drive. A copy of said deed restrictions is
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 the acid deed restrictions.
SE(MON 3. The City of Allen shall reserve the right to prosecute at law
Rnd In equity against nny person vlointing or attempting to violate ouch restrictions.
Re9olution No. - Page 1
DUTY PASSP.D AND APPROVED BY THE ALLEN CITY COUNCIL ON TIHS THR
DAT OF , t98".
APPROVED:
Donald P. Rodenbaugh, Mayor
ATTEST:
Nsrty Hendrix, CMC, City Secretary
Resolution No. - Page 2