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O-3199-1-14ORDINANCE NO.3199.1.14 ' AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE AND ZONING MAP, AS PREVIOUSLY AMENDED, BY AMENDING THE DEVELOPMENT AND USE REGULATIONS FOR A 14.48x ACRE PORTION OF TRACT 5 OUT OF PLANNED DEVELOPMENT NO. 58 FOR SHOPPING CENTER "SC" ZONING TO AUTHORIZE THE PROPERTY TO BE DEVELOPED AND USED FOR A FUELING STATION IN ASSOCIATION WITH A GROCERY STORE USE UNDER CERTAIN CONDITIONS; AUTHORIZING THE DEVELOPMENT AND USE OF A CAR WASH AS AN ACCESSORY USE TO AN AUTHORIZED FUELING STATION UNDER CERTAIN CONDITIONS; ADOPTING DEVELOPMENT REGULATIONS, A CONCEPT PLAN, CONCEPTUAL LANDSCAPE PLAN, BUILDING ELEVATIONS, SCREENING WALL EXHIBIT AND INTERSECTION IMPROVEMENT PLAN; PROVIDING FOR A CONFLICTS RESOLUTION CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Allen, Texas, in compliance with the laws of the State of Texas and the ordinances of the City of Allen, Texas, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all the property owners generally and to all persons interested and situated in the affected area, and in the vicinity thereof, and in the exercise of its legislative discretion, have concluded that Allen Land Development Code Zoning Regulations and Zoning Map of the City of Allen, Texas, as previously amended, should he amended. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, THAT: SECTION 1. The Allen Land Development Code Zoning Regulations and the Zoning Map of the City of Allen, Collin County, Texas, as previously amended, be further amended by amending the development and use regulations for a 1.917± acre portion (the "1.9 Acre Parcel") and a 12.5634± acre portion (the "12.6 Acre Parcel") of Tract 5 of Planned Development PD No. 58 for Shopping Center "SC" described in Exhibit "A", attached hereto and incorporated herein by reference (the 1.9 Acre Parcel and the 12.6 Acre Parcel are sometimes herein collectively referred to as the "Property") , as follows: A. BASE ZONING DISTRICT: The Property shall be developed and used only in accordance with the development regulations of Planned Development PD No. 58 and the Shopping Center "SC" zoning regulations of the Allen Land Development Code, except as otherwise provided herein. B. PERMITTED USES: The Property shall be used and developed only for uses pemutted in the Shopping Center "SC" zoning district; provided, however: (1) The 12.6 Acre Parcel may be developed and used in connection with a fueling station as a ' permitted use, but only if (a) such use is developed and operated in association with the development of a grocery store on the 12.6 Acre Parcel and (b) the fueling station is owned by (i) the same person or entity that owns the grocery store or (ii) an affiliate of the person or entity of the grocery store owner. Except as permitted in the preceding sentence, use of the 12.6 Acre Parcel for a fueling station shall constitute a prohibited use unless a specific use permit is obtained for such use. For purposes of this Paragraph B, an "affiliate of the person or entity of the grocery store owner" shall mean any entity that owns or controls, is owned or controlled by or is under common ownership or control with, the grocery store owner, or any entity the ownership of which is substantially the same as the ownership of the grocery store. For purpose of this Paragraph B, "control' (and any form thereof, such as 'controlling" or "controlled') means, for any person or entity, the possession, directly or indirectly, of the power to direct or cause the direction of the management or policies of such person or entity. (2) The 12.6 Acre Parcel may he developed with a car wash only as an accessory use to the fueling station use subject to the following: (a) The car wash shall be located as shown on the Concept Plan; (b) The car wash shall be no more than one unmanned, coin, card, or key code operated facility, equipped with fully -automated car washing equipment for drive-through washing (i.e. manual, spray wand -type open bay washing not permitted); (c) The ownership of the car wash shall he subject to the same requirements as ownership of the fueling station use as set forth in subsection (1)(11)(1) above; (d) The exterior fagade materials of the car wash shall substantially match or compliment the materials of the grocery store; and (e) At no time shall the car wash be used for storage of any type, except for the storage of equipment and supplies related to the operation of the car wash. ' (3) The authorization to use the Property for self -storage as a pemtitted accessory use as authorized by Section 2 of Ordinance No. 2787-11-08 is repealed. C. CONCEPT PLAN: The Property shall be developed in general conformance with the Concept Plan attached hereto as Exhibit "B" and incorporated herein by reference (the "Concept Plan'). Minor modifications in the location of streets that do not alter the general alignment shown on the Concept Plan may be made at the time of Site Plan approval. The Concept Plan adopted pursuant to this Ordinance amends and replaces the concept plan approved pursuant to Ordinance No. 2787-11-08. D. LANDSCAPE PLAN: The Property shall be developed with landscaped areas in general conformance with the Landscape Plan attached hereto as Exhibit "C" and incorporated herein by reference. E. BUILDING ELEVATIONS: The buildings to be constructed on the Property shall be designed and constructed in general conformance with the Building Elevations attached hereto as Exhibit "D" and incorporated herein by reference. The Building Elevation adopted pursuant to this Ordinance amends and replaces the budding elevation approved pursuant to Ordinance No. 2787-11-08. F. FUELING STATION BUILDING MATERIALS If a fueling station building is constructed on the 12.6 Acre Parcel, as permitted under Paragraph B of Section 1, above, such fuel station shall be designed and constructed with materials the type, texture, and colors of which are complementary to the grocery store building constructed on the 12.6 Acre Parcel. The fueling station canopy shall be constructed with masonry columns with materials the type, texture, and colors of which air: complementary to the fueling station building, and shall be designed and constructed with a non -flat roof. ' G. OUTDOOR DISPLAY: Outdoor Display of seasonal merchandise that is sold in the grocery store use developed on the Property shall be permitted by right in association with said grocery store use. The locations for the Outdoor Display shall be restricted to the areas of the Property shown on the Concept Plan attached hereto as Exhibit "B". Nothing in this paragraph G shall be construed as prohibiting the Ordinance No. 3199-1.14, Page 2 Property owner or tenant from applying for and/or obtaining a temporary use permit pursuant to Section 6.04.1 of the Allen Land Development Code for areas of the Property located outside of the authorized ' Outdoor Display areas shown on the Concept Plan. EL SCREENING: A masonry screening wall (the "Screening Wall") shall be required to be constructed in accordance with Section 7.07.4 of the Allen Land Development Code along the western and northern boundaries of the Property, as shown on the Concept Plan. The Screening Wall shall be constructed in substantial conformance with the depiction of the Screening Wall attached hereto and incorporated herein for all purposes as Exhibit "E". No building permit shall be issued for any building to be constructed on the 12.6 Acre Parcel prior to issuance of a fence permit for the construction of the Screening Wall. No certificate of occupancy shall be issued for any building constructed on the 12.6 Acre Parcel until the City's Building Official and Director of Community Development has reasonably deternmed that the Screening Wall is substantially complete and has been constructed in substantial conformance with the fence permit issued by the City's Community Development Department, the applicable provisions of the Allen Land Development Code, and this Ordinance. Notwithstanding the foregoing, a building permit and a certificate of occupancy for a building constructed on the 1.9 Acre Parcel may be issued prior to substantial completion of the portion of the Screening Wall to be constructed on the western and northern boundaries of the 12.6 Acre Parcel (the "12.6 Acre Wall"), if and only if: (1) With respect m issuance of the certificate of occupancy for the 1.9 Acre Parcel, the segment of the Screening Wall contiguous in the western boundary of the 1.9 Acre Parcel is determined by the City's Building Official and Director of Community Development to he substantially complete and in conformance with the fence permit issued by the City's Community Development Department; and (2) The City enters into an agreement with a party which has an interest in developing the Property that, as a minimum: (a) requires the interested party to have an irrevocable letter of credit (the "Letter of Credit') in an amount equal to 100% of the estimated costs to construct the 12.6 Acre Wall as determined by the interested party's professional engineer, the Letter of Credit to: (i) be issued by a financial institution with an office and/or branch located in Collin County and/or Dallas County, Texas; (u) be payable to the City; (w) be presentable for payment at an office or branch of the issuing financial institution located in Collin County and/or Dallas County, Texas; (iv) terminate not earlier than the fifth (5'") anniversary of the issuance of a certificate of occupancy by the City for the building to be constructed on the 1.8 Acre Parcel; provided, however, that a letter of credit that renews annually and contains a provision allowing the City to draw upon such letter of credit in the event the letter of credit is not renewed or replaced shall be acceptable for these purposes; and (v) provide for a partial draw of funds in the event the City complies with the requirements set forth in Section l(H)(2)(b) below. ' (b) authorizes the City to present the Letter of Credit and spend the funds secured by the Letter of Credit to construct or complete construction of the 12.6 Acre Wall upon providing an affidavit or certification attesting that (I) the 12.6 Acre Wall has not been completed and (2) that thirty (30) days has elapsed since the City has given written Ordinance No. 3199-1-14 Page 3 notice to the interested party notifying such party that the 12.6 Acre Wall has not been substantially completed, such notice not to be given on or before the fourth (0) ' anniversary of the issuance of a certificate of occupancy by the City for the building to be constructed on the 1.9 Acre Parcel; and (c) obligates the City, prior to commencing any constmction activities on the 12.6 Acre Parcel as permitted hereunder, to require its contractors and agents to carry commercial general liability insurance with contractual liability endorsement in amounts not less than One Million Dollars ($1,000,000.00) per occurrence, Two Million Dollars ($2,000,000.00) combined single limit, which insures the City's construction activities and use of the 12.6 Acre Parcel in connection with the construction of 12.6 Acre Wall, and names the owner of the 12.6 Acre Parcel as an additional insured party; and (d) obligates the City to require its contractors indemnify and hold the owner of the 12.6 Acre Parcel harmless from and against any and all losses, costs and/or expenses that may be incurred by the owner of the 12.6 Acre Parcel as a result of the City's construction activities on the 12.6 Acre Parcel, but only to the extent such losses, costs, and/or expenses are not caused by the negligence of the owner of the 12.6 Acre Parcel, and obligates the City's contractors and agents to repair any damage to the 12.6 Acre Parcel caused by the City's contractors; and (e) grants to City and its contractors a license to enter and occupy the 12.6 Acre Parcel upon written notice to the owner of the 12.6 Acre Parcel to construct the 12.6 Acre Wall and conduct such activities that are reasonable and necessary in relation to such ' construction, such license to be effective thirty (30) days following the written notice referenced in Section 1(H)(2)(b) above. I. STREET UIPROVEMENTS: No certificate of occupancy shall be issued for the building to be constructed on the 12.6 Acre Parcel and used as a grocery store until construction of the modifications to the medians, tum lanes, pavement markings, and signalization of the intersection of Exchange Parkway and State Highway 5 (Greenville Avenue) as depicted on Exhibit "F," attached hereto and incorporated herein by reference, have been completed and accepted by the City. J. SIDEWALK 04PROVEMENTS: Sidewalks located along Greenville Avenue and Exchange Parkway will be located as far as reasonably possible behind the back of curb within the areas shown on the Concept Plan. K. ADDITIONAL ACCESS POINT: The Director of Community Development may approve a modification to the Concept Plan attached hereto as Exhibit "B" to show a second driveway curb -cut to Greenville Avenue, located on the north end of the Property, provided all of the following conditions have been satisfied: (1) The proposed driveway is located not less than 310 feet away (as measured edge -to - edge) from any other existing driveway or the one presently shown on the Concept Plan; (2) The exiting driveway to Greenville Avenue from the Atmos Regulating Station is permanently closed; and ' (3) A driveway permit is obtained for said curb cut is obtained from the Texas Department of Transportation ("TxDOT') if, at the time of consideration, Greenville Avenue is on the TxDOT state road system. Ordinance No. 3199-1-14. Page 4 I 1 SECTION 2. To the extent of any irreconcilable conflict with the provisions of this Ordinance and other ordinances of the City of Allen governing the use and development of the Property and which are not expressly amended by this Ordinance, the provisions of this Ordinance shall be controlling. SECTION 3. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the Allen Land Development Code Zoning Regulations, as amended hereby, be adjudged or held to be void or unconstitutional, the same shall not affect the validity of the remaining portions of said ordinance or the Allen Land Development Code Zoning Regulations, as amended hereby, which shall remain in full force and effect. SECTION 4. An offense committed before the effective date of this Ordinance is governed by prior law and the provisions of the Allen Land Development Code Zoning Regulations, as amended, in effect when the offense was conunitted and the former law is continued in effect for this purpose. SECTION 5. Any person, firm or corporation violating any of the provisions or terms of this Ordinance shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations of the City of Allen, as previously amended, and upon conviction shall be punished by a fine not to exceed the sum of Two Thousand Dollars ($2,000) for each offense. SECTION 6. This Ordinance shall take effect immediately from and after its passage and publication in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 14TH DAY OF JANUARY, 2014. APPROVED AS TO FORM: Peter G. Smith, CITY ATTORNEY (MLAW14.63985) APP en errell, MAYOR ATTEST: Shelley B. George, C, CITY SECRETARY Ordinance No. 3199.1.14. Page 5 EXHIBIT "A" DESCRIPTION OF THE PROPERTY ' Legal Description for Grocery Parcel NWC Greenville Avenue (S.H. 5) and Exchange Parkway City of Allen, Texas BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, COLLIN COUNTY, TEXAS, AND BEING PART OF THAT CERTAIN CALLED 10.319 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO NACOGDOCHES COMMERCIAL BANCSHARES, INC. RECORDED IN INSTRUMENT NO. 20110628000667050 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS AND PART OF THAT CERTAIN TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO NACOGDOCHES COMMERCIAL BANCSHARES, INC. RECORDED IN INSTRUMENT NO. 20071228001710870 OF SAID OFFICIAL PUBLIC RECORDS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT AN "X" FOUND FOR THE SOUTHWEST END OF A CORNER CLIP FOUND AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF EXCHANGE PARKWAY (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO.5 (A VARIABLE WIDTH RIGHT-OF- WAY), SAID POINT ALSO BEING THE SOUTHWEST CORNER OF AN 0.0018 ACRE TRACT OF LAND CONVEYED AS TRACT 3Rl TO CITY OF ALLEN BY SPECIAL WARRANTY DEED AS RECORDED IN VOLUME 5993 AT PAGE 486 OF THE DEED ' RECORDS OF COLLIN COUNTY, TEXAS; THENCE, NORTH 71 ° 37'42" WEST ALONG THE NORTHEAST LINE OF EXCHANGE PARKWAY FOR A DISTANCE OF 355.36 FEET TO POINT FOR CORNER; THENCE, NORTH 18° 22' 18" EAST AND DEPARTING THE NORTHEAST LINE OF EXCHANGE PARKWAY FOR A DISTANCE OF 272.67 FEET TO A POINT FOR CORNER THENCE, NORTH 71° 37'42" WEST FOR A DISTANCE OF 294.17 FEET TO A POINT FOR CORNER IN THE SOUTHEAST LINE OF LOT 1, BLOCK A OF THE VILLAS AT ALLEN STATION, AN ADDITION TO THE CITY OF ALLEN, TEXAS ACCORDING TO THE PLAT RECORDED IN CABINET 2007, SLIDE 413 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS; THENCE NORTH 23° 28'16" EAST ALONG THE SAID NORTHWEST LINE OF THE NACOGDOCHES 10.319 ACRE TRACT AND THE SAID SOUTHEAST LINE OF LOT I FOR A DISTANCE OF 589.93 FEET TO A I/2" IRON ROD FOUND FOR CORNER IN THE SOUTHWEST LINE OF BLOCK 7, SPRING MEADOW ADDITION, AN ADDITION TO THE CITY OF ALLEN, TEXAS ACCORDING TO THE PLAT RECORDED IN CABINET M, SLIDE 484 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS; THENCE SOUTH 79° 48'42" EAST ALONG THE NORTHEAST LINE OF SAID NACOGDOCHES 10.319 ACRE TRACT, THE SAID SOUTHWEST LINE OF BLOCK 7, ' SPRING MEADOW ADDITION AND THE SOUTHWEST LINE OF LOTS 1R AND 2R, BLOCK A OF GREENVILLE MONTESSORI ADDITION, AN ADDITION TO THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2009, PAGE 421 OF THE PLAT RECORDS OF COLLIN COUNTY, TEXAS, FOR A DISTANCE OF 618.66 FEET TO A I/2" IRON ROD FOUND FOR CORNER IN THE Ordinance No. 3199.1.14. Page 6 SOUTHWEST LINE OF SAID LOT 2R, BEING THE NORTHWEST CORNER OF THAT TRACT OF LAND DESCRIBED IN WARRANTY DEED TO ENSERCH CORPORATION RECORDED IN VOLUME 1021, PAGE 95 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; EXHIBIT "A" DESCRH'TION OF THE PROPERTY (Continued) THENCE SOUTH 10'09'08" WEST ALONG THE NORTHWEST LINE OF SAID ENSERCH TRACT FOR A DISTANCE OF 49.83 FEET TO A 12" IRON ROD FOUND FOR THE SOUTHWEST CORNER OF SAID ENSERCH TRACT; THENCE SOUTH 79° 29'13" EAST AND CONTINUING ALONG THE SOUTHERLY LINE OF SAID ENSERCH TRACT, FOR A DISTANCE OF 83.19 FEET TO A 1/2" IRON ROD FOUND FOR CORNER IN THE WEST RIGHT-OF-WAY LINE OF AFOREMENTIONED STATE HIGHWAY NO. 5, SAME BEING THE NORTHWEST CORNER OF A CALLED 0. 1564 ACRE TRACT OF LAND CALLED TRACT 3R AS CONVEYED TO THE CITY OF ALLEN BY SPECIAL WARRANTY DEED AS RECORDED IN VOLUME 5993 AT PAGE 486 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; THENCE SOUTH 23° 38'28" WEST AND FOLLOWING ALONG THE WESTERLY RIGHT- OF-WAY LINE OF SAID STATE HIGHWAY NO. 5 AND THE WESTERLY LINE OF SAID 0.1564 ACRE TRACT OF LAND CONVEYED AS TRACT 3R TO THE CITY OF ALLEN, FOR A DISTANCE OF 27.45 FEET TO A 1/2" IRON ROD FOUND FOR CORNER; ' THENCE SOUTH 23° 25'30" WEST AND CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO.5 AND THE WESTERLY LINE OF SAID 0.1564 ACRE TRACT OF LAND CONVEYED AS TRACT 3R TO THE CITY OF ALLEN FOR A DISTANCE OF 753.46 FEET TO A 12"BION ROD FOUND FOR CORNER; THENCE SOUTH 23° 15'27" WEST AND CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO, 5 FOR A DISTANCE OF 100.00 FEET TO A BRASS MONUMENT IN CONCRETE FOUND FOR CORNER; THENCE NORTH 66'41V 45" WEST AND CONTINUING ALONG THE WESTERLY RIGHT OF WAY LINE OF SAID STATE HIGHWAY NO.5 FOR A DISTANCE OF 10.48 FEET TO A BRASS MONUMENT IN CONCRETE FOUND FOR CORNER; THENCE SOUTH 23° 15'27" WEST AND CONTINUING ALONG THE WESTERLY RIGHT-OF-WAY LINE OF SAID STATE HIGHWAY NO.5 FOR A DISTANCE OF 19.68 FEET TO A 1/2" IRON ROD FOUND FOR THE NORTH CORNER OF THE AFOREMENTIONED 0.0018 ACRE TRACT OF LAND CONVEYED AS TRACT 3R1 TO THE CITY OF ALLEN BY SPECIAL WARRANTY DEED RECORDED IN VOLUME 5993 AT PAGE 486 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; THENCE SOUTH 65'33'54" WEST AND CONTINUING ALONG THE WESTERLY LINE OF SAID STATE HIGHWAY NO.5 AND THE WESTERLY LINE OF SAID 0.0018 ACRE TRACT OF LAND CONVEYED AS TRACT 3R1 TO THE CITY OF ALLEN FOR A DISTANCE OF 20.84 FEET TO THE POINT OF BEGINNING AND CONTAINING 12.5634 ACRES OF LAND, MORE OR LESS. Ordinance No. 3199.1.14, Page 7 EXHIBIT "A" DESCRIPTION OF THE PROPERTY (Continued) Legal Description for Bank Parcel NWC Greenville Avenue (S.H. 5) and Exchange Parkway City of Allen, Texas BEING ALL THAT CERTAIN LOT, TRACT OR PARCEL OF LAND SITUATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, COLLIN COUNTY, TEXAS, AND BEING PART OF THAT CERTAIN CALLED 10.319 ACRE TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO NACOGDOCHES COMMERCIAL BANCSHARES, INC. RECORDED IN INSTRUMENT NO, 20110628000667050 OF THE OFFICIAL PUBLIC RECORDS OF COLLIN COUNTY, TEXAS AND PART OF THAT CERTAIN TRACT OF LAND DESCRIBED IN SPECIAL WARRANTY DEED TO NACOGDOCHES COMMERCIAL BANCSHARES, INC. RECORDED IN INSTRUMENT NO. 20071228001710870 OF SAID OFFICIAL PUBLIC RECORDS, AND BEING MORE PARTICULARLY ' DESCRIBED AS FOLLOWS: COMMENCING AT AN "X" FOUND FOR THE SOUTHWEST END OF A CORNER CLIP FOUND AT THE INTERSECTION OF THE NORTHERLY RIGHT-OF-WAY LINE OF EXCHANGE PARKWAY (A VARIABLE WIDTH RIGHT-OF-WAY) AND THE WESTERLY RIGHT-OF-WAY LINE OF STATE HIGHWAY NO.5 (A VARIABLE WIDTH RIGHT-OF-WAY), SAID POINT ALSO BEING THE SOUTHWEST CORNER OF AN 0.00 18 ACRE TRACT OF LAND CONVEYED AS TRACT 3R1 TO CITY OF ALLEN BY SPECIAL WARRANTY DEED AS RECORDED IN VOLUME 5993 AT PAGE 486 OF THE DEED RECORDS OF COLLIN COUNTY, TEXAS; THENCE, NORTH 71- 37'42" WEST ALONG THE NORTHEAST LINE OF EXCHANGE PARKWAY FOR A DISTANCE OF 355.36 FEET TO THE POINT OF BEGINNING; THENCE, NORTH 71- 37' 42" WEST AND CONTINUING ALONG THE NORTHEAST LINE OF EXCHANGE PARKWAY FOR A DISTANCE OF 318.50 FEET TO A'h" IRON ROD FOUND FOR CORNER POINT FOR CORNER, SAID POINT BEING THE SOUTHEAST CORNER OF LOT 1, BLOCK A OF THE VILLAS AT ALLEN STATION, AN ADDITION TO THE CITY OF ALLEN, TEXAS ACCORDING TO THE PLAT RECORDED IN CABINET 2007, SLIDE 413 OF THE ' PLAT RECORDS OF COLLIN COUNTY, TEXAS; THENCE, NORTH 23° 28' 16" EAST ALONG THE SAID SOUTHEAST LINE OF LOT 1 FOR A DISTANCE OF 273.75 FEET TO A POINT FOR CORNER; Ordinance No. 3199.1.14 Page 8 THENCE, SOUTH 710 37'42" EAST AND DEPARTING THE SAID SOUTHEAST ' LINE OF LOT 1 FOR A DISTANCE OF 294.17 FEET TO A POINT FOR CORNER; THENCE, SOUTH 18° 22' 18" WEST FOR A DISTANCE OF 272.67 FEET TO THE POINT OF BEGINNING AND CONTAINING 1.9175 ACRES OF LAND, MORE OR LESS. Ordinance No. 3199-1-14. Page 9 I 1 EXHIBIT "B" CONCEPTPLAN �d li I�I��illl Ordinance No. 3199-1.1Q Page 10 I I EXHIBIT"C" CONCEPTUAL LANDSCAPE PLAN 1� + 78.�1xdG9Xff aa;F�®AFE' t iilri�--� � lI Ordinance No. 3199-1-14, Page 11 I� EXHIBIT "D" CONCEPTUAL BUILDING ELEVATION FOR LOT 1 Ordinance No. 3199-1-14, Page 12 EXHIBIT "E" SCREENING WALL EXHIBIT Ordinance No. 3199-1-14 Page 13 C L EXHHfIT °'F' INTERSECTION IMPROVEMENT PLAN Ordinance No. 3199-1-14, Page 14