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O-2685-12-07ORDINANCE NO. 2685-12-07 ' 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, TO GRANT A CHANGE IN ZONING FOR A PORTION OF TRACT 3B OF PLANNED DEVELOPMENT DISTRICT NO. 58 ON 16t ACRES OF LAND LOCATED IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, CITY OF ALLEN, COLLIN COUNTY, TEXAS, FROM "ME" - MULTI -FAMILY TO "LI" - LIGHT INDUSTRIAL; PROVIDING A SAVINGS CLAUSE; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY 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 of the City of Allen, Texas and the governing body of the City of Allen, in compliance with the laws of the State of Texas and the Ordinances of the City of Allen, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fav 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 the Allen Land Development Code and Zoni.rg Map of the City of Allen, as previously amended, should be 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 and Zoning Map of the City of Allen, Texas, as previously amended be amended, by changing the zoning for a portion of Tract 3B of Planned Development 58, Ordinance No. 1625-8-98, from "MF" - Multi -Family to "LP' - Light Industrial for a 164: acre tract of land described in Exhibit "A," attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen Land Development Code of the City of Allen, Texas, as heretofore amended, and as amended herein. SECTION 3. All Ordinances of the City of Allen in conflict with the provisions of this Ordinance shall be, and the same we hereby, repealed; provided, however, that all other provisions of said Ordinances not in conflict herewith shall remain in full force and effect SECTION 4. Planned Development No. 58, Ordinance No. 1625-8-98 shall continue in full force and effect, except as amended herein. SECTION 5. Should any word, sentence, paragraph, subdivision, clause, phrase or section of this Ordinance, or of the Allen Land Development Code, 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, as amended bereby, which shall remain in full force and effect. SECTION 6. An offense committed before the effective date of this Ordinance is governed by prior law and ' the provisions of the Allen Land Development Code, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. SECTION 7. Any person, fum or corporation violating any of the provisions or teens of this Ordinance shall be subject to the same penalty as provided for in Allen land Development Code of the City of Allen, Texas 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, and each and every day such violation shall continue shall be deemed to constitute a separate offense. SECTION 8. 'Ibis Ordinance shall take effect immediately from and atter its passage and publication in accordance with the provisions of the Charter of the City of Allen, Texas and it is accordingly so ordained. DULY PASSED AND APPROVED BY TBE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 11TH DAY OF DECEMBER, 2007. APPROVED: "4k Z=� Stepbh Terrell, MAYOR APPROVED AS TO FORM: ATTEST: L?44�210 o.a� ' Peter G. Smith, CFfY ATTORNEY Shelley B. Georg C, CITY SEMETARY Ordinance No. 2685-12-07, Page 2 I 1 Exhibit "A" TRACT3B (Eastern portion of Tract 3B) Ordinance No. 268512-07, Page 3 CITY OF ALLEN TRACT 3B LESS AND EXCEPT TRACT 3B-1 (ORDINANCE NO. 1625-8-98 LESS AND EXCEPT ORDINANCE NO. 1920-2-01) DESCRIPTION BEING A 16.1719 ACRE TRACT OF LAND IN THE HENRY WETSEL SURVEY, ABSTRACT NO. 1026, COLLIN COUNTY, TEXAS, AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: IT IS THE INTENT TO DESCRIBE A TRACT OF LAND REMAINING FROM CITY OF ALLEN ORDINANCE 1625-8-98 (DESIGNATED AS TRACT 3B) LESS AND EXCEPT ALL OF THE LAND DESCRIBED IN CITY OF ALLEN ORDINANCE 1920-2-01 (DESIGNATED AS TRACT 311-1). The POINT OF BEGINNING is the intersection of the centerline of Tributary No. 2G5 with the north line of the Right of Way for Exchange Parkway (also being the POINT OF BEGINNING of Tract 3B); THENCE with said curving Right of Way line along a curve to the left having a radius of 1995.00 feet, through a central angle of 00°54'51 ", an arc distance of 31.83 feet, and having a chord which bears South 66°59'12" West, a distance of 31.83 feet to a point; ' THENCE South 66°31'46" West, continue with said Right of Way line, a distance of 80.09 feet to a point at the beginning of a non -tangent curve to the left; THENCE with said curve to the left having a radius of 1972.36 feet, through a central angle of 03°0627", an arc distance of 106.98 feet, and having a chord which bears South 82°02'20" West, a distance of 106.96 feet to a point on the centerline of a proposed road, said point being the southeast comer of Tract 3B-1, said point being at the beginning of a non -tangent curve to the left; THENCE departing said Right of Way line with the east line of Tract 3B-1 the following seven (7) calls and distances: 1. THENCE North 10°06'50" West a distance of 100.41 feet to a point; 2. THENCE North 07056'33" West a distance of 78.80 feet to a point; 3. THENCE North 03036'01" West a distance of 78.80 feet to a point; 4. THENCE North 02°05'45" West a distance of 144.62 feet to a point; 5. THENCE North 02°51'35" West a distance of 74.38 feet to a point; ' 6. THENCE North 09°01'36" West a distance of 65.10 feet to a point; Ordinance No. 2685-12-07, Page 4 I7. THENCE North 11°25'35" West a distance of 594.18 feet to a point being the northeast comer of Tract 311-1, and being on the north line of Tract 3B; THENCE North 75012'41" East, with the north line of Tract 3B, a distance of 683.44 feet to a point being the northeast comer of Tract 3B, said point being on the west line of Spring Meadow, an addition to the City of Allen as recorded in Cabinet M, Page 484 of the Deed Records of Collin County, Texas; THENCE South 00002'l I" East, with the east line of Tract 3B, being the west line of Spring Meadow Addition, a distance of 500.00 feet to a point, being an interior ell comer of Tract 3B, being the southwest corner of Spring Meadow Addition; THENCE South 79043'39" East, with the line common to Tract 3B and Spring Meadow Addition, a distance of 266.78 feet to a point on the centerline of Tributary No. 2G5; THENCE generally with the centerline of Tributary No. 2G5, the following five (5) courses and distances: 1. THENCE South 1193618" West a distance of 97.94 feet to a point; 2. THENCE South 32°06'29" West a distance of 391.82 feet to a point; ' 3. THENCE South 48°52'09" West a distance of 125.57 feet to a point; 4. THENCE South 69'l 5'57" West a distance of 187.68 feet to a point; 5. THENCE South 22033'04" West a distance of 121.16 feet to the POINT OF BEGINNING and containing 16.1719 acres of land. NOTES: 1. The original description for Tract 3B has calls for the west and north lines which have no bearings, and therefore, some assumptions must be made regarding its closure. As a result, the locations of the west and north lines are based on the sketch for Tract 3B located on Page 3 of OrdinanceNo. 1920-2-01. 2. This description is based on information provided by the City of Allen. No additional research was made to verify the validity of this information. No field survey was performed for the creation of this description. 3. Bearings are based on bearings contained in the description for Tract 3B-1. J.107-12711dmumenlsIREMA1NDER TRACT.da December 11, 2007 Ordinance No. 2685-12-07, Page 5