O-139-1-73ORDINANCE NO. 139
AN ORDINANCE AMENDING THE GENERAL ZONING ORDINANCE
OF THE CITY OF ALLEN SO THAT A PART OF ZONE R-2
(SINGLE FAMILY DWELLING) IS HEREBY REZONED AND
PLACED IN ZONE LR (LOCAL RETAIL); DESCRIBING THE
TRACT TO BE REZONED; PROVIDING FOR 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,
WHEREAS, all legal notices and public hmrings 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 has been held on the proposed zoning
classification.
NOW, THEREFORE, BE IT ORDAINED by the City Council of
the City of Allen, Texas:
SECTION 1: That the following described property,
to -wit:
SITUATED In Col l In County, Texas, Io the Po ter Fl shor Survey, Abstract
No. 324, and bolog a pnrt of on 112.11 acre tract of land conveyed to
N, Whisenant by Pete Lynge, at ux, by deed doted January 39 1929, and
recorded in Volume 274 at Page 247 of the Collin County Deed Records,
and also being a portion of an 11.941 acre tract of land conveyed by
David L. Whlsenant, John 8, Whlsenant and William D. Whisenant to
Corporate Realty 171, Inc., by deed dated April 10, 1972, and filed of
record in the office of the County Clerk of Collin County, Texas, and
being more fully described by metes and bounds as follows; to -wit:
COMMENCING at an iron pin set on the north side of an old corner post �.
at the most westerly northwest corner of said 82.37 acre tract;
THENCE South 0 deg. 17 min. West 301.73 feet with the West line of said
82.37 acre tract and with an old fence to the PLACE OF BEGINNING hereunder;
THENCE South 0 deg. 17 min. West 580.8 feet with the West line of said
82.37 acre tract and with an old fence to an iron pin set in the North
right-of-way line of Farm Road 2170 for a corner;
II
THENCE North 89 deg. 49 min. East 146.8 feet with the chord of a curve
the left with a radius of 5684.65 feet and with the said North right-of-
way line to the P.T. of said curve, an'iron pin set for a corner; the arc of
said curve being the property line;
THENCE North 89 deg. 5 min. East 3.2 feet with the said North right-of-way
line to a point for corner;
�. THENCE North 0 deg. 17 min. East 580.8 feet parallel with the said West
line of said 82.37 acre tract to a point for corner;
�.� THENCE North 89 deg. 50 min. West approximately 150 feet parallel with the
North line of said 11.941 acre tract to the PLACE OF BEGINNING, and
containing approximately 2 acres of land, more or less.
is hereby rezoned from ita present Zone R-2 (Single Family
Dwelling) to LR (Local Retail), and General Zoning Ordinance is
amended accordingly.
SECTION II: It shall be unlawful for any person, firm
or corporation to make use of the bereinabove 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, how-
ever, 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 day of, 1973•
CORRECTLY RECORDED:
Secretary
Mayor of t e Cit3CPAllen, exas
N O T I C E
STATE OF TEXAS I
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN I
NOTICE IS GIVEN that the City Council of the City
of Allen, Texas, is planning to rezone property hereinafter
described and accordingly, after due notice, a public
hearing will be held by the City Council of the City of
Allen on the b 27st day of December , lye, at
7:30 o'clock P.M. to determine whether or not said
property should be rezoned from R-2 (Single Family
Dwelling) to LR (Local Retail)
and further to determine whether or not the General Zoning
Ordinance of the City of Allen should be amended accordingly.
Said property is described as follows:
Lj Lj
SITUATED In Collin County, Texas, In the Peter Fisher Survey, Abstract
No. 324, and being a part of an 02.37 acre tract of land conveyed to
N. Whlsenant by Pete Lynge, et ux, by decd dated January 3, 1929, and
recorded In Volume 274 at Page 247 of the Collin County Deed Records,
and also being a portion of an 11.941 acre tract of land conveyed by
David L. Whisenant, John B. Whisenant and William D. Whisenant to
Corporate Realty '71, Inc., by deed dated April 10, 1972, and filed of
record in the office of the County Clerk of Collin County, Texas, and
being more fully described by metes and bounds as follows; to -wit:
COMMENCING at an iron pin set on the north side of an old corner post ,.
at the most westerly northwest corner of said 82.37 acre tract;
THENCE South 0 deg. 17 min. West 301.73 feet with the West line of said
82.37 acre tract and with an old fence to the PLACE OF BEGINNING hereunder;
THENCE South 0 deg. 17 min. West 580.8 feet with the West line of said
82.37 acre tract and with an old fence to an iron pin set in the North
right-of-way line of Farm Road 2170 for a corner;
THENCE North 89 deg. 49 min. East 146.8 feet with the chord of a curve
the left with a radius of 5684.65 feet and with the said North right-of-
way line to the P.T. of said curve, an'iron pin set for a corner; the arc of
said curve being the property line;
THENCE North 89 deg. 5 min. East 3.2 feet with the said North right-of-way
line to a point for corner;
THENCE North 0 deg. 17 min. East 580.8 feet parallel with the said West
line of said 82.37 acre tract to a point for corner;
THENCE North 89 deg. 50 min. West approximately 150 feet parallel with the
North line of said 11.941 acre tract to the PLACE OF BEGINNING, and
containing approximately 2 acres of land, more or less.
Iii
STATE OF TEXAS 1
KNOW ALL MEN BY THESE PRESENTS:
COUNTY OF COLLIN j
That I, Walter Curtis Tax
Assessor -Collector of the City of Allen Texas
after a careful search of the Tax Records of the City
of Allen ,'do hereby certify that the below named
persona are the only parties rendering real estate for
taxes within, two hundred feet of the 2.0 acre tract
in Peter Fisher Survey tract of land owned by Gary
xefner sought to be rezoned as LR
(Local Retail)
and that all of said parties have been notified of the
pending zoning hearing.
Corporate Realty 71, inc.
Gary Hefner