Loading...
O-2353-12-04ORDINANCE NO. 2353-12-04 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, AMENDING THE ALLEN LAND DEVELOPMENT CODE ZONING REGULATIONS AND ZONING MAP, AS PREVIOUSLY AMENDED, BY GRANTING A CHANGE IN ZONING FROM "AO" - AGRICULTURE -OPEN SPACE DISTRICT TO `RD" - PLANNED DEVELOPMENT FOR AGRICULTURE - OPEN SPACE, "R4" RESIDENTIAL, AND "R5" RESIDENTIAL USES BY ESTABLISHING PLANNED DEVELOPMENT NO. 96 ON 127.275± ACRES IN THE DAVID H. NIX SURVEY, ABSTRACT NO. 668, MICHAEL SEE SURVEY, ABSTRACT NO. 543, AND THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A CONCEPT PLAN FOR ANGEL FIELD WEST ATTACHED AS EXHIBIT "B," AND THE MONTGOMERY MEWS ATTACHED AS EXHIBIT "C"; PROVIDING FOR DEVELOPMENT REGULATIONS ATTACHED AS EXHIBIT "D"; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING A SAVINGS CLAUSE; PROVIDING FOR A PENALTY OF FINE NOT TO EXCEED THE SUM OF TWO THOUSAND DOLLARS ($2,000) FOR EACH OFFENSE; AND PROVIDING FOR AN EFFECTIVE DATE. ' WHEREAS, the Planning and Zoning Commission 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 fair 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 Zoning Regulations and Zoning 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 Zoning Regulations and Zoning District Map of the City of Allen, Collin County, Texas, as amended, be and the same is hereby, amended by granting a change in zoning from AO - Agriculture -Open Space to "PD" Planned Development No. 96 for Tract 1 for "AO" - Agriculture - Open Space, and for Tract 2 for "AO" -Agriculture Open Space, "R4" Residential, and "R5" Residential uses for 127.275± acres in the David Nix Survey, Abstract No. 668, Michael See Survey, Abstract No. 543, and the T.G. Kennedy Survey, Abstract No. 500, City of Allen, Collin County, Texas, and being further described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. The property shall be developed and used only in accordance with the following development regulations: Base Zoning District: Tract 1, being 1.375± acres, shall be developed in accordance with the "AO" - Agriculture -Open Space ' Zoning District Regulations and the development regulations set forth in Exhibit "D" attached hereto and which is hereby approved, except as otherwise provided herein: Tract 2, being 125.4± acres, shall be developed in accordance with the "AO" — Agriculture -Open Space, "R4" Residential, and "R5" Residential Zoning District Regulations and the development regulations set ' forth in Exhibit "D" except as otherwise provided herein. Conceal Plans: A Concept Plan shall be required for each phase of development for the property. A concept plan shall be required for Tract I for that portion of Tract I to be submitted for review and approval by the Planning and Zoning Commission and by City Council prior to the approval of a site plan and/or a plat for any portion of Tract 1. That portion of Tract 2 known as Angel Field West and Montgomery Mews shall be developed and used only in accordance with a Concept Plans attached hereto respectively as Exhibit "B" and Exhibit "C" and which are hereby approved. A Concept Plan shall be required for that portion of Tract 2 zoned for "AO"- Agriculture Open Space, which shall be submitted for review and approval by the Planning and Zoning Commission and by City Council prior to the approval of a site plan and/or a plat for any portion of Tract 2. SECTION 3. All ordinances of the City of Allen in wnflict with the provisions of this ordinance shall be, and the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict herewith shall remain in full force and effect. SECTION 4. 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 hereby, which shall remain in full force and effect. SECTIONS. An offense committed before the effective date of this ordinance is governed by prior law and the provisions of the Allen land Development Code Zoning Regulations, as amended, in effect when the offense was committed and the former law is continued in effect for this purpose. ' SECTION 6. Any person, fine or corporation violating any of the provisions or terns of this ordinance shall be subject to the same penalty as provided for in Allen Land Development Code Zoning Regulations 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. SECTION 7. This ordinance shall take effect immediately from and after its passage and publication of the caption in accordance with the provisions of the Charter of the City of Allen, and it is accordingly so ordained. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE 14T" DAY OF DECEMBER. 2004. APPROVED: Stephen Terrell, MAYOR APPROVED AS TO FORM: ATTEST: Peter G. S�CITY ATTORNEY Shelley B. George, C, CITY SECRETARY Ordinance No. 2353-12-04, Page 2 EXMBIT "A" LEGAL DESCRIPTION ' TRACTI BEING a tract of land situated in the David H. Nix Survey, Abstract No. 668, and being located in the City of Allen, Collin County, Texas, and being a part of that tract of land described as Tract 2 in deed to Emerson Farm Company, Ltd. as recorded in Volume 5105, Page 3414 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being more particularly described as follows: COMMENCING at a point for the most southwesterly corner of that tract of land described as Tract B in Alma Road Right -of -Way Dedication Deed to the City of Allen, Texas as recorded in Document No. 03- 0110815, D.R.C.C.T, said point being the intersection of the southeasterly right-of-way line of Alma Drive (120 feet wide) with the west line of said Tract 2; THENCE North 62 degrees 46 minutes 51 seconds East, along said southeasterly right-of-way line, a distance of 849.20 feet to the POINT OF BEGINNING; THENCE North 62 degrees 46 minutes 51 seconds East, continuing along said southeasterly right-of-way line, a distance of 279.43 feet to a point for comer; THENCE departing said southeasterly right-of-way line and across said Tract 2, the following courses and distances: South 34 degrees 03 minutes 33 seconds East a distance of 55.47 feet; ' South 18 degrees 12 minutes 19 seconds East a distance of 77.43 feet; South 01 degree 49 minutes 16 seconds West a distance of 37.54 feet; South 26 degrees 12 minutes 05 seconds West a distance of 80.19 feet; South 21 degrees 39 minutes 53 seconds East a distance of 58.57 feet; South 11 degrees 42 minutes 41 seconds West a distance of 118.69 feet; South 22 degrees 18 minutes 54 seconds East a distance of 36.67 feet; South 09 degrees 00 minutes 14 seconds West a distance of 25.77 feet; South 67 degrees 41 minutes 25 second West a distance of 30.59 feet; North 29 degrees 28 minutes 44 seconds West a distance of 136.49 feet; South 85 degrees 49 minutes 39 seconds East a distance of 26.36 feet; North 06 degrees 15 minutes 53 seconds East a distance of 55.17 feet; ' North 21 degrees 33 minutes 24 seconds West a distance of 43.22 feet; South 35 degrees 00 minutes 44 seconds West a distance of 51.15 feet; Ordinance No. 2353-12-04, Page 3 �I 1 North 42 degrees 33 minutes 37 seconds West a distance of 60.82 feet; North 02 degrees 49 minutes 19 seconds East a distance of 144.58 feet; South 88 degrees 26 minutes 01 seconds West a distance of 16.10 feet; South 08 degrees 15 minutes 14 seconds West a distance of 196.19 feet; North 00 degrees 58 minutes 17 seconds East a distance of 76.04 feet; North 45 degrees 02 minutes 45 seconds West a distance of 43.52 feet; South 85 degrees 53 minutes 27 seconds East a distance of 32.06 feet; North 03 degrees 17 minutes 00 seconds East a distance of 53.73 feet; South 55 degree 16 minutes 55 seconds West a distance of 56.04 feet; North 04 degrees 03 minutes 40 seconds East a distance of 52.43 feet; THENCE South 89 degrees 36 minutes 24 seconds West, a distance of 51.10 feet to the POINT OF BEGINNING AND CONTAINING 59,891 square feet or 1.375 acres of land, more or less. Ordinance No. 2353-12-04, Page 4 TRACT 2 - ANGEL FIELD WEST ' BEING a tract of land situated in the T.G. Kennedy Survey, Abstract No. 500, and being located in the City of Allen, Collin County, Texas, and being parts of those tracts of land described as Angel Field West, Angel Field East and 98.266 Acre Tract in deed to Emerson Farm Company, Ltd. as recorded in Volume 5034, Page 158 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and also being part of a tract of land described in deed to The Montgomery Farm Company, as recorded in Volume 1033, Page 891, D.R.C.C.T., and being more particularly described as follows: COMMENCING at the southwest comer of that tract of land described as Right -of -Way Bethany Drive in deed to the City of Allen, Texas as recorded in Volume 3918, Page 1167, D.R.C.C.T; THENCE South 71 degrees 26 minutes 26 seconds East, a distance of 84.23 feet to the POINT OF BEGINNING, said point being on the southerly right-of-way line of Bethany Drive (variable width right-of- way) as dedicated in Volume 5093, Page 2663, D.R.C.C.T.; THENCE South 45 degrees 57 minutes 32 seconds East, departing said southerly right-of-way line and along the west line of a tract of land described in Collin County Court At Law Number 2, Cause Number 002-1427- 03, a distance of 34.63 feet to a point for comer; THENCE South 00 degrees 13 minutes 04 seconds West, continuing along said west line, a distance of 280.02 feet to the point of curvature of a circular curve to the right having a radius of 312.00 feet, whose chord bears South 07 degrees 00 minutes 43 seconds West, a distance of 51.64 feet; THENCE Southwesterly, continuing along said west line and along said curve to the right, through a central ' angel of 09 degrees 29 minutes 37 seconds for an arc distance of 51.70 feet to the point of curvature of a circular curve to the right having a radius of 1040.75 feet, whose chord bears South 15 degrees 22 minutes 49 seconds West, a distance of 171.35 feet; THENCE Southwesterly, continuing along said west line and along said curve to the right, through a central angel of 09 degrees 26 minutes 38 seconds for an are distance of 171.54 feet to the point of tangency; THENCE South 20 degrees 16 minutes 14 seconds West, continuing along said west line, a distance of 112.68 feet to the point of curvature of a circular curve to the left having a radius of 1095.00 feet, whose chord bears South 11 degrees 18 minutes 22 seconds West, a distance of 341.25 feet; THENCE Southwesterly, continuing along said west line and along said curve to the left, through a central angel of 17 degrees 55 minutes 44 seconds for an arc distance of 342.65 feet to the point of tangency; THENCE South 02 degrees 20 minutes 30 seconds West, continuing along said west line, a distance of 301.43 feet to a point on the common line between said Angel Field West, and the tract of land described in deed to Southwest Guaranty Trust Company, as recorded in Collin County Clerk's number 96-0105327; THENCE North 88 degrees 17 minutes 09 seconds West, departing said west line and along said common line, a distance of 381.62 feet to a point for corner; THENCE North 01 degree 06 minutes 57 seconds East, continuing along said common line a distance of 202.42 feet to a point for; ' THENCE North 88 degrees 23 minutes 06 seconds West, continuing along said common line, a distance of 292.19 feet to a point for corner on the east line of said Montgomery Farm Tract; Ordinance No. 2353-12-04, Page 5 THENCE South 01 degree 49 minutes 29 seconds West, departing said common line and along the common line between said Montgomery Farm Tract and said Southwest Guaranty Trust Company Tract, a distance of ' 110.00 feet to a point for corner; THENCE North 88 degrees 23 minutes 06 seconds West, departing said common line and across said Montgomery Farm Tract, a distance of 215.00 feet to a point for comer; THENCE North 01 degree 49 minutes 29 seconds East, continuing across said Montgomery Farm Tract, a distance of 346.36 feet to a point for corner THENCE North 01 degree 41 minutes 29 seconds East, passing the north line of said Montgomery Farm Tract, at a distance of 484.85 feet and continuing across said 98.266 Acre Tract, for a total distance of 544.98 feet to a point for comer on said southerly right-of-way line, said point being the point of curvature of a nontangent circular curve to the left, having a radius of 1133.50 feet, whose chord bears North 71 degrees 44 minutes 45 seconds East, a distance of 178.22 feet; THENCE Northeasterly, along said southerly right-of-way and along said curve to the left, through a central angel of 09 degrees 01 minute 04 seconds for an arc distance of 178.40 feet to the point of tangency; THENCE North 67 degrees 14 minutes 13 seconds East, continuing along said southerly right-of-way a distance of 150.27 feet to the point of curvature of a circular curve to the right, having a radius of 1016.50 feet, whose chord bears North 72 degrees 45 minutes 45 seconds East, for a distance of 195.75 feet; THENCE Northeasterly, continuing along said southerly right-of-way and along said curve to the right, through a central angel of 11 degrees 03 minutes 03 seconds for an aro distance of 196.06 feet to the point of curvature of a circular curve to the right, having a radius of 3152.01 feet, whose chord bears North 82 degrees 58 minutes 45 seconds East, a distance of 515.59 feet; THENCE Northeasterly, continuing along said southerly right-of-way and along said curve to the right, through a central angel of 09 degrees 22 minutes 57 seconds for an arc distance of 516.16 feet to the POINT OF BEGINNING AND CONTAINING 1,033,753 square feet or 23.73 acres of land, more or less. I Ordinance No. 2353-12-04, Page 6 TRACT 2 - MONTGOMERY MEWS BEING a tract of land situated in the T.G. Kennedy Survey, Abstract No. 500, and being located in the City of Allen, Collin County, Texas, and being a part of that tract of land described in deed to The Montgomery Farm Company as recorded in Volume 1033, Page 891 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being a part of that tract of land described as 98.266 Acre Tract in deed to Emerson Farm Company, Ltd. as recorded in Volume 5034, Page 158 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being more particularly described as follows: COMMENCING at a point for the northwest corner of that tract of land described as Angel Field West in said Emerson Farm Company, Ltd. Deed, said point being on the south line of said 98.266 Acre Tract; THENCE North 01 degree 41 minutes 29 seconds East, departing said south line and across said 98.266 Acre Tract, a distance of 138.77 feet to a point for comer on the south right-of-way line of Bethany Drive (variable width rightof--way) as recorded in Volume 5093, Page 2663, D.R.C.C.T.; THENCE South 67 degrees 14 minutes 13 seconds West, along said south right-of-way line, a distance of 52.15 feet to the point of curvature of a circular curve to the right having a radius of 1133.50 feet, whose chord bears South 87 degrees 06 minutes 36 seconds West a distance of 770.64 feet; THENCE Southwesterly, along said south right-of-way line and said curve to the right, through a central angle of 39 degrees 44 minutes 46 seconds for an arc length of 786.31 feet to the point of tangency; THENCE North 73 degrees 01 minute 01 second West, continuing along said south right-of-way line, a distance of 103.00 feet to the point of curvature of a circular curve to the left having a radius of 1016.50 feet, whose chord bearsNorth 74 degrees 47 minutes 58 seconds West a distance of 63.24 feet; THENCE Northwesterly, continuing along said south right-of-way line and along said curve to the left, through a central angle of 03 degrees 33 minutes 54 seconds for an arc length of 63.25 feet to the POINT OF BEGINNING; THENCE South 12 degrees 33 minutes 49 seconds West, departing said south right-of-way line, a distance of 381.32 feet to a point for corner; THENCE North 87 degrees 33 minutes 10 seconds West, a distance of 229.08 feet to a point for comer; THENCE South 06 degrees 05 minutes 31 seconds West, a distance of 507.21 feet to a point for corner; THENCE South 55 degrees 01 minute 07 seconds West, a distance of 272.35 feet to a point for comer; THENCE North 88 degrees 19 minutes 18 seconds West, a distance of 279.36 feet to a point for corner; THENCE North 36 degrees 33 minutes 48 seconds West, a distance of 213.30 feet to a point for comer; THENCE North 55 degrees 39 minutes 55 seconds West, a distance of 134.06 feet to a point for corner; THENCE North 30 degrees 58 minutes 12 seconds West, a distance of 99.54 feet to a point for comer; ITHENCE North 52 degrees 22 minutes 20 seconds West, a distance of 76.82 feet to a point for comer; Ordinance No. 2353-12-04, Page 7 THENCE North 22 degrees 55 minutes 58 seconds West, a distance of 113.85 feet to a point for comer on the east line of a sanitary sewer easement recorded in County Clerk's document number 92-0018726, ' D.R.C.C.T.; THENCE North 43 degrees 02 minutes 28 seconds East, along said east line, a distance of 109.18 feet to a point for comer; 77 L� THENCE North 13 degrees 32 minutes 45 seconds East, continuing along said east line, at a distance of 392.51 feet departing said east line and continuing across the aforementioned 98.266 Acre Tract for a total distance of 585.59 feet to a point for comer on the aforementioned south right-of-way line of Bethany Drive, said point being on a circular curve to the left having a radius of 2,015.50 feet, whose chord bears South 82 degrees 56 minutes 01 second East a distance of 754.43 feet; THENCE Southeasterly, along said south right-of-way line and said curve, through a central angle of 21 degrees 34 minutes 26 seconds for an are length of 758.91 feet to the point of reverse curvature of a circular curve to the right having a radius of 1,016.50 feet, whose chord bears South 85 degrees 09 minutes 05 seconds East a distance of 302.92 feet; THENCE Southeasterly, continuing along said south right -of --way line and along said curve to the right, through a central angle of 17 degrees 08 minutes 18 seconds for an are length of 304.06 feet to the POINT OF BEGINNING and CONTAINING 920,990 square feet or 21.14 acres of land, more or less. Ordinance No. 2353-12-04. Page 8 TRACT2A ' BEING a tract of land situated in the David H. Nix Survey, Abstract No. 668, and the T.G. Kennedy Survey, Abstract No. 500, and being located in the City of Allen, Collin County, Texas, and being a part of that tract of land described in deed to The Montgomery Farm Company as recorded in Volume 1033, Page 891 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being a part of that tract of land described as 98.266 Acre Tract in deed to Emerson Farm Company, Ltd. as recorded in Volume 5034, Page 158 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being more particularly described as follows: COMMENCING at a point on the southeasterly line of that tract of land described as Tract B in Alma Road Right -of -Way Dedication Deed to the City of Allen, Texas as recorded in County Clerk's Document No. 03- 0110815, D.R.C.C.T., said point being the intersection of the southeasterly right-of-way line of Alma Drive (variable width, 120 feet wide at this point) with the southerly right-of-way line of Bethany Drive (variable width right-of-way) as recorded in Volume 5136, Page 4915, D.R.C.C.T.; THENCE South 77 degrees 01 minute 03 seconds East, along said southerly right-of-way line, a distance of 29.28 feet to a point for corner; THENCE South 34 degrees 03 minutes 33 seconds East, continuing along said south right-of-way line, a distance of 28.20 feet to the POINT OF BEGINNING; THENCE South 34 degrees 03 minutes 33 seconds East, continuing along said south right-of-way line, a distance of 73.96 feet to the point of curvature of a circular curve to the left having a radius of 2020.50 feet, whose chord bears South 36 degrees 18 minutes 23 seconds East a distance of 158.45 feet; ' THENCE Easterly, continuing along said south right-of-way line and along said curve to the left, through a central angle of 04 degrees 29 minutes 40 seconds for an arc distance of 158.49 feet to the point of compound curvature of a circular curve to the left having a radius of 600.00 feet, whose chord bears South 42 degrees 06 minutes 22 seconds East a distance of 74.36 feet; THENCE Easterly, continuing along said south right-of-way line and along said curve to the left, through a central angle of 07 degrees 06 minutes 19 seconds for an arc distance of 74.41 feet to the point of reverse curvature of a circular curve to the right having a radius of 600.00 feet, whose chord bears South 43 degrees 43 minutes 59 seconds East a distance of 40.33 feet; THENCE Easterly, continuing along said south right-of-way line and along said curve to the right, through a central angle of 03 degrees 51 minutes 07 seconds for an arc distance of 40.34 feet to the point of reverse curvature of a circular curve to the left having a radius of 2015.50 feet, whose chord bears South 56 degrees 58 minutes 36 seconds East a distance of 1054.84 feet; THENCE Easterly, continuing along said south right-of-way line and along said curve to the left, through a central angle of 30 degrees 20 minutes 23 seconds for an are distance of 1067.27 feet to a point for comer; THENCE departing said south right-of-way line and over and across the aforementioned Montgomery Farm Company tract, the following courses and distances to points for comers: South 13 degrees 32 minutes 45 seconds West a distance of 585.59 feet; ' South 43 degrees 02 minutes 28 seconds West a distance of 109.18 feet; North 22 degrees 55 minutes 58 seconds West a distance of 88.27 feet; Ordinance No. 2353-12-04 Page 9 South 87 degrees 41 minutes 13 seconds West a distance of 169.42 feet; North 14 degrees 51 minutes 03 seconds West a distance of 96.04 feet; North 45 degrees 28 minutes 41 seconds West a distance of 117.50 feet; North 29 degrees 23 minutes 45 seconds West a distance of 600.88 feet; North 36 degrees 34 minutes 14 seconds West a distance of 78.04 feet; South 89 degrees 31 minutes 48 seconds East a distance of 16.60 feet North 71 degrees 29 minutes 25 seconds East a distance of 22.94 feet; North 16 degrees 31 minutes 04 seconds East a distance of 9.85 feet; North 73 degrees 27 minutes 07 seconds West a distance of77.47 feet; North 46 degrees 55 minutes 01 seconds East a distance of 19.18 feet; North 33 degrees 41 minutes 02 seconds West a distance of 9.65 feet; South 70 degrees 37 minutes 25 seconds West a distance of 48.51 feet; North 21 degrees 51 minutes 33 seconds West a distance of 43.39 feet; ' North 81 degrees 19 minutes 56 seconds West a distance of 123.25 feet; North 25 degrees 07 minutes 20 seconds West a distance of 86.11 feet; North 16 degrees 34 minutes 20 seconds West a distance of 107.31 feet; North 8 degrees 40 minutes 19 seconds East a distance of 113.26 feet; North 23 degrees 05 minutes 40 seconds West a distance of 36.83 feet; North I I degrees 05 minutes 01 seconds East a distance of 26.80 feet; North 25 degrees 23 minutes 59 seconds East a distance of 69.22 feet; North 16 degrees 26 minutes 18 seconds West a distance of 121.26 feet; THENCE North 55 degrees 56 minutes 17 seconds East a distance of 48.26 feet to the POINT OF BEGINNING and CONTAINING 590,087 square feet or 13.55 acres of land, more or less. Ordinance No. 2353-12-04, Page 10 TRACTIB ' BEING a tract of land situated in the T.G. Kennedy Survey, Abstract No. 500, and being located in the City of Allen, Collin County, Texas, and being a part of that tract of land described as 98.266 Acre Tract in deed to Emerson Farm Company, Ltd. as recorded in Volume 5034, Page 00158 of the Deed Records of Collin County, Texas (D.R.C.C.T.), and being a part of that tract of land described in deed to The Montgomery Farm Company as recorded in Volume 1033, Page 891, D.R.C.C.T., and being more particularly described as follows: COMMENCING at the northwest corner of that tract of land described as Angel Field West in deed to Emerson Farm Company, Ltd. as recorded in Volume 5034, Page 00158, D.R.C.C.T.; THENCE North 01 degree 41 minutes 29 seconds East, along the prolongation of the west line of said Angel Field West, a distance of 138.77 feet to a point on the south right-of-way line of Bethany Drive (variable width right-of-way); THENCE South 67 degrees 14 minutes 13 seconds West, along said south right-of-way line, a distance of 52.15 feet to the point of curvature of a circular curve to the right having a radius of 1133.50 feet, whose chord bears South 71 degrees 44 minutes 45 seconds West a distance of 178.22 feet; THENCE Westerly, continuing along said south right-of-way line and along said curve to the right, through a central angle of 09 degrees 01 minute 04 seconds for an arc distance of 178.40 feet to the POINT OF BEGINNING; THENCE South 01 degree 41 minutes 29 seconds West, departing said south right-of-way line and across ' said Montgomery Farm Company tract, a distance of 544.98 feet to a point for comer; THENCE South 01 degree 49 minutes 29 seconds West, continuing across said Montgomery Farm Company tract, a distance of 364.36 feet to a point for comer; THENCE South 88 degrees 23 minutes 06 seconds East, continuing across said Montgomery Farm Company tract, a distance of 215.00 feet to a point for corner on the common line between said Montgomery Farm Company tract and that tract of land described in deed to Southwest Guaranty Trust Company, Accepting Trustee of the William S. Montgomery Family Trust 1994 Dated August 3, 1994 as recorded in County Clerks Document No. 96-0105327, D.R.C.C.T.; THENCE South 01 degree 49 minutes 29 seconds West, continuing along said common line, a distance of 1484.18 feet to a point for comer ; THENCE South 54 degrees 32 minutes 31 seconds East, continuing along said common line, a distance of 215.37 feet to a point for comer; THENCE South 03 degrees 48 minutes 31 seconds East, continuing along said common line, a distance of 261.32 feet to a point for corner; THENCE departing said common line and over and across said Montgomery Farts Company tract, the following courses and distances to points for comers: ' North 40 degrees 02 minutes 05 seconds West a distance of 115.52 feet; North 23 degrees 27 minutes 55 seconds West a distance of 96.68 feet; Ordinance No. 2353-12-04 Page 11 North 37 degrees 21 minutes 52 seconds West a distance of 80.34 feet; ' North 51 degrees 28 minutes 35 seconds West a distance of 352.18 feet; North 79 degrees 47 minutes 41 seconds West a distance of 246.16 feet; North 56 degrees 28 minutes 11 seconds West a distance of 252.96 feet; North 65 degrees 05 minutes 17 seconds West a distance of 279.98 feet; North 71 degrees 33 minutes 21 seconds West a distance of 164.55 feet; North 86 degrees 31 minutes 20 seconds West a distance of 128.88 feet; North 80 degrees 57 minutes 40 seconds West a distance of 56.20 feet; North 47 degrees 57 minutes 40 seconds West a distance of 119.00 feet; North 75 degrees 57 minutes 40 seconds West a distance of 71.00 feet; North 40 degrees 57 minutes 40 seconds West a distance of 71.01 feet; North 24 degrees 58 minutes 11 seconds West a distance of 92.28 feet; North 48 degrees 20 minutes 46 seconds West a distance of 146.85 feet; ' North 14 degrees 25 minutes 31 seconds West a distance of 153.47 feet; North I 1 degrees 26 minutes 05 seconds East a distance of 189.70 feet;. North 04 degrees 17 minutes 38 seconds West a distance of 167.97 feet; North 19 degrees 20 minutes 58 seconds West a distance of 86.61 feet; North 65 degrees 51 minutes 26 seconds West a distance of 117.36 feet; North 32 degrees 43 minutes 19 seconds East a distance of 46.50 feet; South 88 degrees 19 minutes 18 seconds East a distance of 279.36 feet; North 55 degrees 01 minute 07 seconds East a distance of 272.35 feet; North 06 degrees 05 minutes 31 seconds East a distance of 507.21 feet; South 87 degrees 33 minutes 10 seconds East a distance of 229.08 feet; THENCE North 12 degrees 33 minutes 49 seconds East, continuing across said Montgomery Farm Company tract, a distance of 381.32 feet to a point on a circular curve to the right having a radius of 1016.50 feet, whose chord bears South 74 degrees 47 minutes 58 seconds East a distance of 63.24 feet, said point being on the aforementioned south right-of-way line of Bethany Drive; Ordinance No. 2353-12-04, Page 12 THENCE Southeasterly, continuing along said south right-of-way line and along said curve to the right, through a central angle of 03 degrees 33 minutes 55 seconds for an are distance of 63.25 feet to the point of ' tangency; THENCE South 73 degrees 01 minute 01 second East, continuing along said south right-of-way line, a distance of 103.00 feet to the point of curvature of a circular curve to the left having a radius of 1133.50 feet, whose chord bears South 88 degrees 22 minutes 52 seconds East a distance of 600.65 feet; 7 L THENCE Easterly, continuing along said south right-of-way line and along said curve to the left, through a central angle of 30 degrees 43 minutes 42 seconds for a distance of 607.91 feet to the POINT OF BEGINNING AND CONTAINING 2,939,666 square feet or 67.49 acres of land, more or less. Ordinance No. 2353-12-04, Page 13 EXHIBIT"B"-CONCEPT PLAN FOR ANGEL FIELD WEST uBBM -� ++. WIN..•i.,22 .. .o•.••.,»e....,,, ,. — — u,�..,..NIY r � rx�"gym• r� Y Concept Plan For Angel Field West HUITTIDLIARS At Montgomery Farm DECEMBER 16,2004 Allen, Collin County, Texas Ordinance No. 23`3-12-04, Page 14 I e 6 e 8 DEVELOPMENT REGULATIONS EXHIBIT "D" ' A. Concept Plan: 1. A Concept Plan will be required for each future phase of development. B. Tract 2, Angel Field West, as shown on Exhibit `B" shall be subject to the following development regulations: a. Base zoning district: "R-5" b. Front yard setback: 15 feet c. Minimum side yard setback: 0 feet, provided the minimum side yard for the side yard of a comer lot along a street shall be 10 feet d. Minimum building separation: 10 feet e. Minimum rear yard setback: 0 feet f. Minimum lot width: 60 feet g. Minimum lot depth: 120 feet It. Maximum lot coverage: 60% C. Tract 2, "Montgomery Mews," as shown on Exhibit "C," shall be subject to the following development regulations: a. Base zone district: "R4" b. Front yard setback: 25 feet ' c. Minimum side yard setback: 0 feet, provided the minimum side yard for the side yard of a comer lot along a street shall be 10 feet d. Minimum rear yard setback: 0 feet e. Maximum lot coverage: 60% D. Tracts 1 and 2. In order to preserve existing trees, there shall be no minimum side and/or rear yard except as otherwise provided. E. Changes and Amendments: 11 1. If a portion of the property is to be developed as a phase, only the owners of the property that are included within that phase (area of request) are required to provide authorization for the zoning change and/or amendment. 2. Written notice of all public hearings on proposed changes for phases of development of the property shall be sent to all owners of the property within two hundred (200) feet of the respective phase of the property (area of request) on which the change of zoning classification is proposed. Thoroughfares: I. For Tract 2 for the Montgomery Mews and Angel Field West tracts, all internal rights -of - ways shall be a minimum of forty-five (45) feet. Ordinance No. 2353-12-04, Page 16