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O-126-5-72- _ - SA 4/28/72 m ORDINANCE NO. 126 AN ORDINANCE AMENDING THE GENERAL ZONING ORDINANCE OF THE CITY OF ALLEN SO THAT A PART OF ZONE C -D -E (APARTMENTS) IS HEREBY REZONED AND PLACED IN ZONE G (LOCAL BUSINESS); DESCRIBING THE TRACT 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, WHEREAS, zoning according to tracts offers a reasonable method for the City to provide control over subdivision of land within its boundaries, hereby properly limiting the uses of land within the corporate limits, and, WHEREAS, the property described in this Ordinance has been duly and lawfully incorporated in the City of Allen, Texas; and, WEREAS, all legal notices and public hearings required for zoning by the laws of the State of Texas, have been given in the manner and the form set forth by said statutes and a public hearing I W 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: SITUATED in the City of Allen, Collin County, Texas, and being a tract of land out of the Peter Wetael Survey, Abstract No. 990 located in Collin County, Texas, being more particularly described as follows: BEGINNING at a steel rod located on the Fast line of said Peter Wetsel Survey and the North right of way line of F. M. Road No. 2170; THENCE NORTH 86 degrees 59 minutes West with said right of way line 435.50 feet to a steel rod and the beginning of a curve to the left; THENCE along said curve to the left, having a radius of 5,774.65 feet a distance of 216.70 feet to a steel rod for the end of said curve; THENCE NORTH 89 degrees 08 minutes West 1,094.90 feet to a steel rod for corner; THENCE NORTH 00 degrees 20 minutes Fast 400.00 feet to a point for corner; THENCE NORTH 89 degrees 53 minutes East 1,746.52 feet to a point in the east line of the Peter Wetsel Survey; THENCE SOUTH 00 degrees 20 minutes West 450.38 feet along the East line of said Peter Wetsel Survey to the place of beginning, and CONTAINING 16.767 acres of land, more or less. LESS AND EXCEPT a 50 feet by 450.38 feet tract along the East line of the above described 16.767 acres, which tract shall be used for the extension of Allen Heights Drive. is hereby rezoned from its present Zone C -D -E (Apartments) to Zone G (Local Business). Any part of the 50 feet by 450.38 feet strip above mentioned which is not used for the extension of Allen Heights Drive when said extension is made shall revert to a zone classification of Zone G (Local Business). SECTICN 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 panel 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 —L day of S-,,, .n .. / , 1972. Mayor of the Cit Allen, Texas CORRECTLY RECORDED: �C City Gity Secret