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O-146-3-73146 ORDINANCE NO. AN ORDINANCE AMENDING THE GENERAL ZONING ORDINANCE OF THE CITY OF ALLEN SO THAT A PART OF ZONE R-16 ( 1-2-3 FAMILY DWELLING) IS HEREBY REZONED AND PLACED IN ZONE R-5 (SINGLE FAMILY DWELLING); 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 of 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 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 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 -wits Being a tract of land situated in the Peter Wetsol Survey, Abstsact No. 990 and the Lewis Wetsel Survey, Abstract No. 978 as recorded in Collin County Deed Records and being more particularly described as follows: Beginning at an iron rod in the Easterly R.O.W. line of State Highway 5, said iron rod being the Northwest corner of the Allen Independent School District tract as recorded in Volume 553, page 307 and Volume 567, page 138, Collin County Deed Records; Thence S. 89" 25' 00" E., 510 feet to a point; Thence S. 01" 00' 00" W., 961.48 feet to a point; Thence N. 89" 53' 00" E., 400.07 feet to an iron rod, said iron rod being the POINT OF BEGINNING: THENCE N. 1" 00' 00" E., 728.12 feet to an iron rod set for the Point of Curvature of a circular curve to the right having a radius of 749.90 feet and a central angle of 29" 52' 00"; THENCE NORTH EASTERLY with said curve to the right 390.90 feet to an iron rod set for Point of Tangency; THENCE N. 30" 52' 00" E., 613.89 feet to an iron rod set for a corner; THENCE S. 590 08' 00" E., 161.00 feet to a point for corner; THENCE S. 30" 52' 00" W., 613.89 feet to a point for a Point of Curvature of a circular curve to the left having a radius of 588.90 feet and a central angle of 29" 52' 00"; THENCE SOUTHWESTERLY with said curve to the left 306.97 feet to a point for a Point of Tangency; . THENCE S. 1" 00' 00" W., 563.96 feet to a point for corner; THENCE N. 89° 53' 00" E., 875.38 feet to a point for corner; THENCE S. 0" 20' 00" W., 161.00 feet to a point for corner; THENCE S. 89" 53' 00" W., 1038.28 feet to the POINT OF BEGINNING and containing 9.483 net acres of land. is hereby rezoned from its present Zone R-16 (1-2-.3 Family Dwelling) to R-$ (Single Family Dwelling) as per plat attached herewith and made a part hereof for all purposes; and the General Zoning Ordinance of the City of Allen is hereby amended accordingly. a 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 L day of ,,f4j9XCI;� , 1973. yor of tie City o, 'A1 en�exae CORRECTLY RECORDED: City 580 re ry