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O-115-9-71ORDINANCE N0. 115 AN ORDINANCE AMENDING THE GENERAL ZONING ORDINANCE OF THE CITY OF ALLEN SO THAT A PART OF ZONE A IS HEREBY REZONED AND PLACED IN ZONE F; DESCRIBING THE TRACTS TO BE REZONED; PROVIDING A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; AN EFFECTIVE DATE OF THIS ORDINANCE; AND PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City of Allen City Council is charged with the responsibility of providing for the public health, safety and welfare of the Residents of the City of Allen, and WTD;REAS, zoning according to tracts offers a reasonable method for the City to provide control over subdivision of land within its boundaries, thereby properly limiting the uses of land within the corporate limits, and WHEREAS, the property described in this Ordinance has been duly and lawfully incorporated into tte City of Allen, Texas, and WHEREAS, all legal notices and public hearings required for zoning by the laws of tte State of Texas, have been given in the manner and the form set forth by said statutes and a public hearing has been held on the proposed zoning classification. NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Allen, Texas: SECTION I: That the following described property, to -wit: TRACT ONE SITUATED in the City of Allen, Collin County, Texas, in the Lewis Wetsel Survey, Abstract No. 978, and being a part of 103.82 acre tract as described in a deed from U. T. Malone et ux to Ii. K. Shelton dated March 26, 1951, and recorded in Volume 425, Page 466, Collin County Deed Records, and being more particularly described as follows: BEGINNING at an iron stake at the Southwest corner of the said tract; THENCE NORTH 89 deg. 57 min. East 756.16 feet; THENCE NORTH 18 deg. 52 min. East 824.72 feet; THENCE SOUTH 89 deg. 28 min. 57 sec. West, 820 feet to a point in the East right of way line of State Highway No. 5; THENCE SOUTH 18 deg. 52 min. West with the East right of way line of State Highway No. 5, a distance of 553.96 feet; THENCE SOUTH 19 deg. 24 min West with the East right of way line of State Highway No. 5, a distance of 73.48 feet; THENCE SOUTH 0 deg. 14 min. East with the East right of way line of State Highway No. 5, a distance of 186.4 feet to the place of beginning, and CONTAINING 14.511 acres, all as more fully shown on the attached plat of said property as Tract B. TRACT TWO SITUATED in the City of Allen, Collin County, Texas, and being a part of the Lewis Wetsel Survey, Abstract No. 978, and being part of 103.82 acre tract as described in a deed from U. T. Malone et ux to H. K. Shelton dated March 26, 1951, recorded in Volume 425, Page 466, Collin County Deed Records and being more particularly described as follows: BEGINNING at an iron stake in the Northwest corner of said tract, said point being in the East right of way line of State Highway No. 5; THENCE NORTH 89 deg. 30 min East a distance of 494.99 feet; THENCE SOUTH 0 deg. 10 min. East a distance of 591.59 feet; THENCE SOUTH 89 deg. 28 min. 57 seconds West a distance of 800 feet to a point in the East right of way line of State Highway No. 5; THENCE NORTH 23 deg. 35 min. East with the East right of way line of State Highway No. 5 a distance of 370.6 feet to theplace of beginning, CONTAINING 8.828 acres of land described as Tract A on the attached plat. is hereby rezoned from its present Zone A to Zone F according to uses of property allowed by Zone F in the General Zoning Ordinance of the City of Allen, Texas. SECTION II: It shall be unlawful for any person, firm or corporation to make use of the hereinabove described premises in any manner other than is authorized by this Ordinance. SECTION III: Any person, firm or corporation who violates any provision of this Ordinance shall be deemed guilty of a misdemeanor and upon conviction therefor, shall be fined any sum not exceeding $200.00, and each and every day that such violation continues shall be considered a separate offense; provided, however, that such penal provision shall not preclude a suit to enjoin such violation. SECTION IV: The Caption of this Ordinance shall be published one time in a weekly newspaper published in the City of Allen and shall be effective immediately upon its passage and such publication. DULY PASSED AND APPROVED by the City Council of the City of Allen, Texas, on this the 16th day of September 1971. mayor CORRECTLY CTnRECe TLY RECORDED: City of Allen, xas GC y Secretary