O-2306-7-04ORDINANCE NO. 2306-7-04
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 PERMANENT ZONING OF AO AGRICULTURE -OPEN SPACE
DISTRICT FOR 0.5873± ACRES, IN THE T.G. KENNEDY SURVEY, ABSTRACT
NO. 500, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER
DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; 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 Map of the City of Allen,
Collin County, Texas, be amended by granting permanent inning of AO Agriculture -Open Space for 0.5873±
acres in the T.G. Kennedy Survey, Abstract No.500, City of Allen, Collin County, Texas, further described in
Exhibit "A."
SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Allen
Land Development Code Zoning Regulations of the City of Allen, as heretofore amended.
SECTION 3. All ordinances of the City of Allen in conflict 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the same are hereby, repealed; provided, however, that all other provisions of said ordinances not in conflict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.
SECTION 5. 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, firm or corporation violating any of the provisions or terms 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.
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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 I[Sm DAY OF JULY, 2004.
APPROVED AS TO FORM:
Peter C. Smith, CITY ATTORNEY
APPROVED: ^/
J�
Stephen Tcrrcll, MAYOR
Shelley C, C ECRETARY
Ordinance No. 2306-7-04. Page 2
EXHIBIT "A"
LEGAL DESCRIPTION
' A 0.5873 ACRE PARCEL OF LAND OUT OF THE T.G. KENNEDY SURVEY, ABSTRACT NO. 500,
COLLIN COUNTY, TEXAS,
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The POINT OF BEGINNING is an interior ell comer of the City of Allen Annexation as described in said
Ordinance No. 1407-3-96, said point being the northeast corner of a tract of land as deeded to P O'B
Montgomery and recorded in Volume 347, Page 368, DRCCT;
THENCE South 00004'17" East with said Annexation line, a distance of 168.32 feet to a point in the
centerline of Rowlett Creek;
THENCE with the meanders of said creek for the following six courses and distances;
1. North 69038'41" West, 38.03 feet;
2. North 45026'18" West, 72.73 feet;
3. North 88032'48" West, 29.32 feet;
4. North 64018'28" West, 106.96 feet;
5. North 86003'10" West, 24.00 feet;
6. South 67001'54" West, 18.69 feet to a point on the east line of the City of Allen Annexation as
described in Ordinance No. 1407-3-96.
THENCE North 00000'16" East, with said Annexation line, a distance of 62.61 feet to a point;
THENCE 89059'44" East, with said Annexation line, a distance of 254.10 feet to the POINT OF
BEGINNING, and containing 0.5873 acre of land.
Ordinance No. 2306-7-04. Page 3