Loading...
O-2272-3-04ORDINANCE NO. 2272-3-04 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 a change in zoning from Planned Development No. 35, Planned Development No. 36, Planned Development No. 37, Planned Development No. 39 and Planned Development No. 43 to Planned Development No. 92 as follows: Tract A R3 — Corridor Commercial/Entertainment District on 98.2± acres; 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 PLANNED DEVELOPMENT 35, PLANNED DEVELOPMENT NO. 36, PLANNED DEVELOPMENT NO. 37, PLANNED DEVELOPMENT NO. 39 AND PLANNED DEVELOPMENT NO. 43 TO PD -PLANNED DEVELOPMENT NO. 92 FOR TRACT A-98.2± FOR CC -CORRIDOR COMMERCIAL/ENTERTAINMENT; TRACT B-88.9± ACRES FOR AO - AGRICULTURE -OPEN SPACE; TRACT G-60.1± ACRES FOR R5 RESIDENTIAL; TRACT H48.3± ACRES FOR R3 RESIDENTIAL; TRACT J44.4± ACRES FOR R3 RESIDENTIAL; TRACT K1-32.01 ACRES FOR R5 RESIDENTIAL; TRACT K2- 40.7± ACRES FOR R5 RESIDENTIAL; TRACT L-40.4±ACRES FOR R7 RESIDENTIAL; TRACT M4.3± ACRES FOR SHOPPING CENTER; TRACT N- 51.81 ACRES FOR R7 RESIDENTIAL, AND TRACT 0-20.5± ACRES FOR SC SHOPPING CENTER; BEING 529.60± ACRES IN THE FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, AND THE GEORGE FITZHUGH SURVEY, ABSTRACT NO. 321, CITY OF ALLEN, COLLIN COUNTY, TEXAS, AND BEING FURTHER DESCRIBED IN EXHIBIT "A" ATTACHED HERETO; PROVIDING FOR A ZONING CONCEPT PLAN EXHIBIT "B"; PROVIDING FOR A RESIDENTIAL CONCEPT PLAN EXHIBIT "C"; PROVIDING FOR A COMMERCIAL CONCEPT PLAN EXHIBIT "D"; PROVIDING FOR DEVELOPMENT REGULATIONS EXHIBIT "E"; 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 a change in zoning from Planned Development No. 35, Planned Development No. 36, Planned Development No. 37, Planned Development No. 39 and Planned Development No. 43 to Planned Development No. 92 as follows: Tract A R3 — Corridor Commercial/Entertainment District on 98.2± acres; Tract B AO — Agriculture -Open Space District on 88.94: acres Tract G R5 — Single Family Residential District on 60.1± acres; Tract H R3 — Single Family Residential District on 48.3± acres; Tract J R3 — Single Family Residential District on 44.4± acres; Tract KI R5 — Single Family Residential District on 32.0-6 acres; Tract K2 R5 — Single Family Residential District on 40.7± acres; Tract L R7 — Single Family Residential District on 40.4± acres; Tract M SC — Shopping Center District on 4.3± acres; Tract N R7 — Single Family Residential District on 51.8± acres; Tract O SC — Shopping Center District on 20.5± acres. SECTION 2. The property shall be used only in the manner and for the purposes provided for in the Zoning Concept Plan Exhibit "B'; Residential Concept Plan Exhibit "C'; the Commercial Concept Plan Exhibit "D"; and the Development Regulations Exhibit "E." 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, firth 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. Ordinance No. 2272-3-04 Page 2 H DULY PASSED AND APPROVED BY THE CITY COUNCH. OF THE CITY OF ALLEN, COLLIN COUNTY, TEXAS, ON THIS THE .a t DAY OF /� 4 a_L�i� , 2004. APPROVED AS TO FORM: Peter G. Smith, CM ATTORNEY APPROVED: Stephen Terrell, MAYOR ATTEST: \CJI Ul•AY/\_ \]/o�1�Q�-i2� Shelley B. GwrQ4 CITY SECREURY Ordinance No. 2272-3-04 Page 3 EXHIBIT "A" LEGAL DESCRIPTION ' TRACT A (CC ZONING) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280 and the GEORGE FITZHUGH SURVEY, ABSTRACT NO. 321, Allen, Collin County, Texas and being part of a called 102.656 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Document Number 97-0013076, Deed Records, Collin County, Texas, and being part of a called 37.082 acre tract of land described in Deed to Blue Star Land, L.P., recorded in Document Number 2003-0245887, Deed Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the Southwest comer of a called 103.337 acre tract of land described in Deed to Cottonwood Management, Ltd., recorded in Volume 4271, Page 1666, (Document Number 98-0114031), Deed Records Collin County, Texas; THENCE North 00 degrees 47 minutes 40 seconds West, along the West line of said 103.337 acre tract, a distance of 516.08 feet to a point for comer at the POINT OF BEGINNING of the tract herein described; THENCE North 73 degrees 33 minutes 07 seconds West, a distance of 79.98 feet to a point for comer; THENCE South 50 degrees 12 minutes 09 seconds West, a distance of 68.66 feet to a point for comer; THENCE South 81 degrees 43 minutes 38 seconds West, a distance of 120.44 feet to a point for comer; THENCE South 44 degrees 51 minutes 55 seconds West, a distance of 152.89 feet to a point for comer; ' THENCE North 53 degrees 15 minutes 25 seconds West, a distance of 141.24 feet to a point for corner; THENCE South 86 degrees 02 minutes 56 seconds West, a distance of 53.02 feet to a point for comer; THENCE South 31 degrees 17 minutes 13 seconds West, a distance of 61.71 feet to a point for corner; THENCE North 80 degrees 42 minutes 43 seconds West, a distance of 124.76 feet to a point for comer; THENCE South 75 degrees 43 minutes 20 seconds West, a distance of 66.10 feet to a point for comer; THENCE South 23 degrees 21 minutes 33 seconds West, a distance of 44.46 feet to a point for comer; THENCE South 53 degrees 08 minutes 31 seconds East, a distance of 58.03 feet to a point for comer, THENCE South 37 degrees 52 minutes 58 seconds West, a distance of 50.41 feet to a point for comer; THENCE North 67 degrees 56 minutes 28 seconds West, a distance of 75.56 feet to a point for corner; THENCE South 12 degrees I 1 minutes 51 seconds West, a distance of 71.43 feet to a point for comer; THENCE North 84 degrees 19 minutes 38 seconds West, a distance of 150.81 feet to a point for comer; ' THENCE North 64 degrees 51 minutes 41 seconds West, a distance of 159.97 feet to a point for corner; THENCE South 65 degrees 36 minutes 43 seconds West, a distance of 52.19 feet to a point for corner; Ordinance No. 2272-3-04 Page 4 THENCE South 22 degrees 56 minutes 15 seconds West, a distance of 93.60 feet to a point for comer; ' THENCE South 61 degrees 56 minutes 02 seconds West, a distance of 56.37 feet to a point for comer; THENCE North 83 degrees 57 minutes 00 seconds West, a distance of 150.36 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 13 degrees 00 minutes 24 seconds, a radius of 1,050.00 feet, and a chord bearing and distance of South 07 degrees 19 minutes 36 seconds East, 237.85 feet; THENCE Southerly, along said curve to the right, an am distance of 238.36 feet to a 1/2 inch iron rod with a yellow plastic cap found in the South line of said 102.656 acre tract at the Northeast comer of a tract of land described in Deed to Bryan B. Bush, recorded in Volume 1598, Page 373, Deed Records, Collin County, Texas; THENCE South 88 degrees 51 minutes 41 seconds West, a distance of 1,369.12 feet to a 1/4 inch iron rod found at the Northwest corner of said Bryan B. Bush tract and the Southwest corner of said 102.656 acre tract, said point being near the center of County Road No. 150; THENCE North 00 degrees 30 minutes 41 seconds West, along the West line of said 102.656 acre tract, a distance of 1,218.63 feet to a 3-1/2 inch aluminum disk stamped "Texas Department of Transportation' found for comer in the Southeast right-of-way line of State Highway No. 121; THENCE Northeasterly, along said Southeast line of said State Highway No. 121, the following six (6) courses and distances: ' North 64 deg. 36 minutes 21 seconds East, a distance of 575.02 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for comer; South 78 degrees 31 minutes 26 seconds East, a distance of 25.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for comer; North 64 degrees 36 minutes 21 seconds East, a distance of 148.00 feet to a 3-1/2 inch aluminum disk stamped "Texas Department of Transportation, Row Marker, Mon. No. 878"; North 27 degrees 44 minutes 11 seconds East, a distance of 25.00 feet to a 3-1/2 inch aluminum disk stamped "Texas Department of Transportation, Row Marker, Mon. No. 877"; North 64 degrees 36 minutes 21 seconds East, a distance of 514.45 feet to a 3-1/2 inch aluminum disk stamped "Texas Department of Transportation, Row Marker, Mon. No. 907"; North 69 degrees 42 minutes 48 seconds East, a distance of 263.69 feet to a 3-1/2 inch aluminum disk stamped "Texas Department of Transportation, Row Marker, Mon. No. 906'; THENCE North 61 degrees 18 minutes 13 seconds East, a distance of 1,118.47 feet to a 1/2 inch iron rod found with a yellow plastic cap found for the Northeast comer of said Blue Star Land, L.P. tract; THENCE along the Easterly line of said Blue Star Land, L.P. tract the following (9) nine courses and distances: ' South 59 degrees 48 minutes 58 seconds East, a distance of 249.30 feet to a point for comer; South 09 degrees 29 minutes 01 seconds East, a distance of 77.94 feet to a point for comer; Ordinance No. 2272-3-04 Page 5 South 36 degrees 26 minutes 37 seconds West, a distance of 85.42 feet to a point for corner; ' South 12 degrees 45 minutes 33 seconds East, a distance of 215.63 feet to a point for comer; North 86 degrees 44 minutes 51 seconds West, a distance of 225.26 feet to a point for comer; South 04 degrees 12 minutes 26 seconds West, a distance of 294.92 feet to a point for comer, South 45 degrees 09 minutes 10 seconds East, a distance of 301.39 feet to a point for corner; South 73 degrees 47 minutes 36 seconds East, a distance of 155.68 feet to a point for comer; South 59 degrees 55 minutes 16 seconds East, a distance of 24.63 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found in the West line of said 103.337 acre tract at the most Northerly Southwest comer of said Blue Star Land, L.P. tract; THENCE South 00 degrees 47 minutes 40 seconds East, along the West line of said 103.337 acre tract, a distance of 793.47 feet to the POINT OF BEGINNING and containing 98.211 acres of land, more or less. TRACT B (AO ZONING) BEING a tract of land located in the GEORGE FITZHUGH SURVEY, ABSTRACT NO. 321 and the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, Allen, Collin County, Texas and being part of a tract of land described in Deed to Continental Mortgage & Equity Trust, recorded in Document Number 96- 0087567, Deed Records, Collin County, Texas and being part of a tract of land described in Deed to ' Continental Mortgage & Equity Trust, recorded in Document Number 97-0013076, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a "P.K." nail found for comer in the centerline of Collin County Road No. 196 (Chelsea Road), a variable width public right-of-way, being in the West line of a tract of land described in Deed to Marvin E. Lebow, Trustee for Simon Lebow Trust "P", recorded in Volume 1160, Page 765, Deed Records, Collin County, Texas, said point being the South right-of-way line of State Highway No. 121, a variable width public right-of-way; THENCE South 00 degrees 40 minutes 52 seconds East, a distance of 1,964.56 feet to a 13/4 inch iron pipe found for comer at the Southwest comer of Texas Ten Enterprises, LTD. P/S, recorded in Document Number 92-0007193, Deed Records, Collin County, Texas; THENCE South 89 degrees 38 minutes 36 seconds West, a distance of 2,501.96 feet to a 3/8 inch iron rod found for the Northwest comer of a called 103.337 acre tract of land described in Deed to Cottonwood Management, LTD., recorded in Volume 4271, Page 1606, (Document Number 98-001031), Deed Records Collin County, Texas; THENCE South 00 degrees 47 minutes 40 seconds East, along the West line of said 103.337 acre tract, a distance of 333.08 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for the most Northerly Southwest comer of a tract of land described in Deed to Blue Star Land, L.P., recorded in Document Number 2003-0245887, Deed Records, Collin County, Texas; ' THENCE along the Easterly line of said Blue Star Land, L.P. tract the following (9) nine courses and distances: North 59 degrees 55 minutes 16 seconds West, a distance of 24.63 feet to a 1/2 inch iron rod with a yellow Ordinance No. 2272-3-04 Page 6 plastic cap stamped "DAA" Found for comer; ' North 73 degrees 47 minutes 36 seconds West, a distance of 155.68 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for corner; North 45 degrees 09 minutes 10 seconds West, a distance of 301.39 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for comer; North 04 degrees 12 minutes 26 seconds East, a distance of 294.92 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for comer; South 86 degrees 44 minutes 51 seconds East, a distance of 225.26 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for comer; North 12 degrees 45 minutes 33 seconds West, a distance of 215.63 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for corner; North 36 degrees 26 minutes 37 seconds East, a distance of 85.42 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for corner; North 09 degrees 29 minutes 01 seconds West, a distance of 77.94 feet to 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for corner; North 59 degrees 48 minutes 58 seconds West, a distance of 249.29 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" found for corner in the South right-of-way line of said State Highway ' No. 121; THENCE along the South right-of-way line of said State Highway No. 121, the following (6) six courses: P North 61 degrees 18 minutes 13 seconds East distance of 55.26 feet to a 3 inch aluminum disk stamped "Texas Department of Transportation R.O.W. Marker No. 905P" found for comer; North 64 degrees 36 minutes 21 seconds East, a distance of 1705.64 feet to a 3 inch aluminum disk stamped "Texas Department of Transportation R.O.W. Marker No. 904" found for comer; North 68 degrees 55 minutes 58 seconds East, a distance of 578.75 feet to a 1/2 inch iron rod found for comer; North 60 degrees 54 minutes 36 seconds East, a distance of 289.27 feet to a point for comer; South 64 degrees 36 minutes 21 seconds East, a distance of 439.74 feet to a "P.KP nail found for comer; South 63 degrees 09 minutes 15 seconds East, a distance of 29.62 feet to a point for corner; North 89 degrees 30 minutes 22 seconds East, a distance of 31.26 feet to the POINT OF BEGINNING and containing 88.870 acres of land, more or less. Ordinance No. 2272-3-04 Page 7 TRACT G (R5 ZONING) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO, 280, City of Allen, ' Collin County, Texas and being a part of a called 163.445 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 3983, Page 1084, (Document Number 97-0070020), Deed Records, Collin County, Texas, part of a called 16.802 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4160, Page 288, Document Number 98-0045303, Deed Records, Collin County, Texas and being part of a called 102.626 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Document Number 97-0013076, Deed Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set, from which a 5/8 inch iron rod with a red cap stamped "KHA" bears North 47 degrees 08 minutes 37 seconds West 0.94 feet, in the North line of Stacy Road (a variable width public right-of-way), said point also being in the East line of a called 37.418 acre tract of land described in Deed to Paul Lehner and Virginia Lehner, recorded in Document Number 92-0083443, Deed Records, Collin County, Texas; THENCE North 00 degrees 49 minutes 24 seconds West, a distance of 1,515.28 feet to a point for comer in the East line of a tract of land described in Deed Charles B. Bush, recorded in Volume 2526, Page 153, Deed Records, Collin County, Texas, said point being at the POINT OF BEGINNING of the tract herein described; THENCE continuing North 00 degrees 49 minutes 24 seconds West, a distance of 2,110.29 feet to a 1/2 inch iron rod found with a yellow plastic cap found at the Northwest corner of said 163.445 acre tract and at the beginning of a curve to the left having a central angle of 13 degrees 00 minutes 24 seconds, a radius of 1,050.00 feet and a chord bearing and distance of North 07 degrees 19 minutes 36 seconds West, 237.85 feet; THENCE Northerly, along said curve to the left, an are distance of 238.36 feet to a point for comer; THENCE South 83 degrees 57 minutes 00 seconds East, a distance of 150.36 feet to a point for comer; THENCE North 61 degrees 56 minutes 02 seconds East, a distance of 56.37 feet to a point for comer; THENCE North 22 degrees 56 minutes 15 seconds East, a distance of 93.60 feet to a point for corner; THENCE North 65 degrees 36 minutes 43 seconds East, a distance of 52.19 feet to a point for comer; THENCE South 64 degrees 51 minutes 41 seconds East, a distance of 159.97 feet to a point for comer; THENCE South 84 degrees 19 minutes 38 seconds East, a distance of 103.52 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 14 degrees 24 minutes 13 seconds, a radius of 1,643.35 feet, and a chord bearing and distance of South 15 degrees 49 minutes 12 seconds East, 412.03 feet; THENCE Southerly, along said curve to the left, an are distance of 413.12 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 18 degrees 00 minutes 09 seconds, a radius of 1,294.74 feet, and a chord bearing and distance of South 18 degrees 18 minutes 08 seconds East, 405.14 feet; THENCE Southerly, along said curve to the right, an are distance of 406.81 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 30 degrees 48 minutes 42 seconds, a radius of 608.57 feet, and a chord bearing and distance of South 21 degrees 46 minutes 09 seconds East, 323.34 feet; Ordinance No. 2272-3-04. Page 8 THENCE Southerly, along said curve to the left, an arc distance of 327.27 feet to a point for corner at the beginning of a non -tangent curve to the right having a central angle of 17 degrees 18 minutes 47 seconds, a radius of 805.46 feet, and a chord bearing and distance of South 65 degrees 55 minutes 34 seconds West, 242.46 fee[; THENCE Southwesterly, along said curve to the right, an arc distance of 243.39 feet to a point for comer; THENCE South 04 degrees 34 minutes 12 seconds East, a distance of 174.20 feet to a point for corner at the beginning of a non -tangent curve to the left having a central angle of 15 degrees 45 minutes 39 seconds, a radius of 703.14 feet, and a chord bearing and distance of North 84 degrees 02 minutes 31 seconds East, 192.81 feet; THENCE Easterly, along said curve to the left, an arc distance of 193.42 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 26 degrees 49 minutes 30 seconds, a radius of 776.95 feet, and a chord bearing and distance of South 11 degrees 55 minutes 23 seconds East, 360.44 feet; THENCE Southerly, along said curve to the right, an arc distance of 363.76 feet to a point for corner at the beginning of a non -tangent curve to the left having a central angle of 52 degrees 31 minutes 04 seconds, a radius of 899.49 feet, and a chord bearing and distance of South 26 degrees 08 minutes 49 seconds East, 795.92 feet; THENCE Southeasterly, along said curve to the left, an arc distance of 824.48 feet to a point for corner; ' THENCE North 73 degrees 55 minutes 45 seconds East, a distance of 491.86 feet to a point for comer; THENCE South 09 degrees 24 minutes 51 seconds West, a distance of 23.13 feet to a point for comer; THENCE South 22 degrees 16 minutes 59 seconds West, a distance of 203.99 feet to a point for corner; THENCE South 05 degrees 36 minutes 10 seconds East, a distance of 438.70 feet to a point for comer; THENCE South 06 degrees 24 minutes 04 seconds East, a distance of 207.64 feet to a point for comer; THENCE South 23 degrees 05 minutes 03 seconds East, a distance of 144.04 feet to a point for comer; THENCE South 88 degrees 03 minutes 30 seconds West, a distance of 449.96 feet to a point for corner at the beginning of a non -tangent curve to the right having a central angle of 16 degrees 27 minutes 03 seconds, a radius of 461.48 feet, and a chord bearing and distance of North 83 degrees 43 minutes 43 seconds West, 132.05 feet; THENCE Westerly, along said curve to the right, an arc distance of 132.50 feet to a point for comer at the beginning of a reverse curve to the left having a central angle of 15 degrees 04 minutes 01 seconds, a radius of 492.72 feet, and a chord bearing and distance of North 83 degrees 02 minutes 12 seconds West, 129.20 feet; THENCE Westerly, along said curve to the left, an arc distance of 129.57 feet to a point for corner; ' THENCE South 89 degrees 25 minutes 47 seconds West, a distance of 165.88 feet to a point for corner; THENCE North 02 degrees 22 minutes 35 seconds West, a distance of 853.57 feet to a point for corner; Ordinance No. 2272-3-04, Page 9 THENCE South 89 degrees 58 minutes 39 seconds West, a distance of 842.90 feet to the POINT OF ' BEGINNING and containing 60.079 acres of land, more or less. TRACT H (R3 ZONING) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, Allen, Collin County, Texas and being part of a called 163.455 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 3983, Page 1084, (Document Number 97-0070020), Deed Records, Collin County, Texas and being part of a called 102.656 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Document Number 97-0013076, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 1/2 inch iron rod found for corner at Southwest comer of a called 103.337 acre tract of land described in Deed to Cottonwood Management, Ltd., recorded in Volume 4271, Page 1666, (Document Number 98-00114031), Deed Records, Collin County, Texas; THENCE North 88 degrees 48 minutes 03 seconds East, along the South line of said 103.337 acre tract, a distance of 139.54 feet to a point for comer; THENCE South 08 degrees 10 minutes 27 seconds East, a distance of 348.91 feet to a point for comer; THENCE South 40 degrees 58 minutes 14 seconds East, a distance of 144.76 feet to a point for corner; THENCE South 23 degrees 27 minutes 13 seconds West, a distance of 280.45 feet to a point for corner; ' THENCE South 10 degrees 33 minutes 20 seconds West, a distance of 177.24 feet to a point for corner; THENCE South 54 degrees 08 minutes 45 seconds East, a distance of 103.62 feet to a point for comer; THENCE South 10 degrees 42 minutes 58 seconds East, a distance of 271.71 feet to a point for comer; THENCE South 23 degrees 19 minutes 02 seconds East, a distance of 344.17 feet to a point for corner; THENCE South 03 degrees 50 minutes 07 seconds East, a distance of 219.99 feet to a point for corner; THENCE South 26 degrees 55 minutes 21 seconds West, a distance of 73.45 feet to a point for comer; THENCE South 09 degrees 24 minutes 51 seconds West, a distance of 206.88 feet to a point for corner; THENCE South 73 degrees 55 minutes 45 seconds West, a distance of 491.86 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 52 degrees 31 minutes 05 seconds, a radius of 899.49 feet, and a chord bearing and distance of North 26 degrees 09 minutes 48 seconds West, 795.92 feet; THENCE Northwesterly, along said curve to the right, an arc distance of 824.48 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 26 degrees 49 minutes 30 seconds, a radius of 776.95 feet, and a chord bearing and distance of North 11 degrees 55 minutes 23 seconds West, ' 360.44 feet; THENCE Northerly, along said curve to the left, an am distance of 363.76 feet to a point for corner at the beginning of a non -tangent curve to the right having a central angle of 15 degrees 45 minutes 39 seconds, a Ordinance No. 2272-3-04, Page 10 radius of 703.14 feet, and a chord bearing and distance of South 84 degrees 02 minutes 31 seconds West, 192.81 feet; ' THENCE Westerly, along said curve to the right, an am distance of 193.42 feet to a point for comer; THENCE North 04 degrees 34 minutes 12 seconds West, a distance of 174.20 feet to a point for corner at the beginning of a non -tangent curve to the left having a central angle of 17 degrees 18 minutes 47 seconds, a radius of 805.46 feet, and a chord bearing and distance of North 65 degrees 55 minutes 34 seconds East, 242.46 feet; THENCE Northeasterly, along said curve to the left, an are distance of 243.39 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 30 degrees 48 minutes 42 seconds, a radius of 608.57 feet, and a chord bearing and distance of North 21 degrees 46 minutes 09 seconds West, 323.34 feet; THENCE Northerly, along said curve to the right, an are distance of 327.27 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 18 degrees 00 minutes 09 seconds, a radius of 1,294.74 feet, and a chord bearing and distance of North 18 degrees 18 minutes 08 seconds West, 405.14 feet; THENCE Northerly, along said curve to the left, an are: distance of 406.81 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 14 degrees 24 minutes 13 seconds, a radius of 1,643.35 feet, and a chord bearing and distance of North 15 degrees 49 minutes 12 seconds West, 412.03 feet; THENCE Northerly, along said curve to the right, an am distance of 413.12 feet to a point for comer; THENCE South 84 degrees 19 minutes 38 seconds East, a distance of 47.29 feet to a point for comer; THENCE North 12 degrees 11 minutes 51 seconds East, a distance of 71.43 feet to a point for corner, THENCE South 67 degrees 56 minutes 28 seconds East, a distance of 75.56 feet to a point for corner; THENCE North 37 degrees 52 minutes 58 seconds East, a distance of 50.41 feet to a point for corner; THENCE North 53 degrees 08 minutes 31 seconds West, a distance of 58.03 feet to a point for comer; THENCE North 23 degrees 21 minutes 33 seconds East, a distance of 44.46 feet to a point for corner; THENCE North 75 degrees 43 minutes 20 seconds East, a distance of 66.10 feet to a point for corner, THENCE South 80 degrees 42 minutes 43 seconds East, a distance of 124.76 feet to a point for comer; THENCE North 31 degrees 17 minutes 13 seconds East, a distance of 61.71 feet to a point for comer; THENCE North 86 degrees 02 minutes 56 seconds East, a distance of 53.02 feet to a point for comer; THENCE South 53 degrees 15 minutes 25 seconds East, a distance of 141.24 feet to a point for comer; ' THENCE North 44 degrees 51 minutes 55 seconds East, a distance of 152.89 feet to a point for comer; THENCE North 81 degrees 43 minutes 38 seconds East, a distance of 120.44 feet to a point for comer; Ordinance No. 2272-3-04, Page 11 THENCE North 50 degrees 12 minutes 09 seconds East, a distance of 68.66 feet to a point for comer; ' THENCE South 73 degrees 33 minutes 07 seconds East, a distance of 79.98 feet to a point for corner in the West line of said Cottonwood Management, Ltd. tract; THENCE South 00 degrees 47 minutes 40 seconds East, along said West line, a distance of 516.08 feet to the POINT OF BEGINNING and containing 48.263 acres of land, more or less. TRACT J (R3 ZONING) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, Allen, Collin County, Texas and being part of a called 55.725 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4219, Page 1942, (Document Number 98-0081735), Deed Records, Collin County, Texas and being part of a called 100.171 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4219, Page 2173, (Document Number 98-0081760), Deed Records, Collin County, Texas and being part of a called 163.455 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 3983, Page 1084, (Document Number 97- 0070020), Deed Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set, from which a 5/8 inch iron rod with a red cap stamped "KHA" bears North 47 degrees 08 minutes 37 seconds West 0.94 feet, in the North line of Stacy Road (a variable width public right-of-way), said point also being in the East line of a called 37.418 acre tract of land described in Deed to Paul Lehner and Virginia Lehner, recorded in Document Number 92-0083443, Deed Records, Collin County, Texas, said point being South 00 degrees 49 minutes 24 seconds East, a distance of 3625.57 feet from a 1/2 inch iron rod with a yellow plastic cap found at the Northwest comer of said 163.455 acre tract and the Northeast corner of a tract of land described in Deed to Bryan B. Bush, recorded in Volume 1598, Page 373, Deed Records, Collin County, Texas; THENCE North 64 degrees 58 minutes 38 seconds East, a distance of 1,848.64 feet to a point for corner at the POINT OF BEGINNING of the tract herein described; THENCE North 06 degrees 24 minutes 04 seconds West, a distance of 207.64 feet to a point for comer; THENCE North 05 degrees 36 minutes 10 seconds West, a distance of 438.70 feet to a point for corner; THENCE North 22 degrees 16 minutes 59 seconds East, a distance of 203.99 feet to a point for comer; THENCE North 09 degrees 24 minutes 51 seconds East, a distance of 230.01 feet to a point for comer; THENCE North 26 degrees 55 minutes 21 seconds East, a distance of 73.45 feet to a point for corner; THENCE North 03 degrees 50 minutes 07 seconds West, a distance of 219.99 feet to a point for corner; THENCE North 23 degrees 19 minutes 02 seconds West, a distance of 344.17 feet to a point for comer; THENCE North 10 degrees 42 minutes 58 seconds West, a distance of 271.71 feet to a point for comer; THENCE North 54 degrees 08 minutes 45 seconds West, a distance of 103.62 feet to a point for comer; ' THENCE North 10 degrees 33 minutes 20 seconds East, a distance of 177.24 feet to a point for comer; THENCE North 23 degrees 27 minutes 13 seconds East, a distance of 105.11 feet to a point for comer; Ordinance No. 2272-3-04, Page 12 THENCE North 89 degrees 14 minutes 04 seconds East, a distance of 887.88 feet to a point for corner; ' THENCE South 00 degrees 39 minutes 42 seconds East, a distance of 381.37 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 59 degrees 07 minutes 54 seconds, a radius of 365.34 feet, and a chord bearing and distance of South 31 degrees 25 minutes 09 seconds East, 360.54 feet; THENCE Southeasterly, along said curve to the left, an are distance of 377.05 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 18 degrees 02 minutes 56 seconds, a radius of 770.10 feet, and a chord hearing and distance of South 14 degrees 04 minutes 18 seconds West, 241.59 feet; THENCE Southerly, along said curve to the left, an arc distance of 242.59 feet to a point for corner at the beginning of a non -tangent curve to the right having a central angle of 23 degrees 47 minutes 38 seconds, a radius of 646.09 feet and a chord bearing and distance of South 15 degrees 42 minutes 32 seconds West, 266.38 feet; THENCE Southerly, along said curve to the right, an arc distance of 268.31 feet to a point for corner at the beginning of a non -tangent curve to the left having a central angle of 41 degrees 13 minutes 35 seconds, a radius of 497.70 feet, and a chord bearing and distance of South 14 degrees 14 minutes 34 seconds West, 350.44 feet; THENCE Southerly, along said curve to the left, an arc distance of 358.11 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 24 degrees 12 minutes 32 seconds, a radius of 967.46 feet, and a chord bearing and distance of South 08 degrees 54 minutes 46 seconds West, 405.74 feet; THENCE Southerly, along said curve to the right, an arc distance of 408.78 feet to a point for corner at the beginning of a non -tangent curve to the left having a central angle of 32 degrees 58 minutes 46 seconds, a radius of 877.75 feet, and a chord bearing and distance of South 06 degrees 19 minutes 24 seconds West, 498.29 feet; THENCE Southerly, along said curve to the left, an arc distance of 505.23 feet to a point for comer; THENCE South 75 degrees 14 minutes 45 seconds West, a distance of 416.26 feet to a point for corner; THENCE North 63 degrees 48 minutes 12 seconds West, a distance of 150.34 feet to a point for comer; THENCE North 23 degrees 05 minutes 03 seconds West, a distance of 201.47 feet to a point for comer at the POINT OF BEGINNING and containing 44.412 acres of land, more or less. TRACT KI (R5 Zoning) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, Allen, Collin County, Texas and being part of a called 100.171 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4219, Page 2173, (Document Number 98-0081760), Deed Records, Collin County, Texas and being part of a called 163.455 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 3983, Page 1084, (Document Number 97- 0070020), Deed Records, Collin County, Texas and being more particularly described as follows: Ordinance No. 2272-3-04 Page 13 COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner in the North right-of-way line of Stacy Road, a variable width public right-of-way, at or near the approximate centerline of ' Collin County Road No. 196 (Chelsea Road), a variable width public right-of-way, said point being the Southeast corner of said 100.171 acre tract of land; THENCE along the North right-of-way line of said Stacy Road, the following (5) five courses and distances: South 89 degrees 32 minutes 47 seconds West, a distance of 47.28 feet to a point for comer; South 00 degrees 27 minutes 13 seconds East, a distance of 5.73 feet to a point for comer; South 88 degrees 52 minutes 02 seconds West, a distance of 200.00 feet to a point for comer; South 85 degrees 02 minutes 59 seconds West, a distance of 150.19 feet to a point for comer; South 88 degrees 52 minutes 02 seconds West, a distance of 418.73 feet to a point for comer at the POINT OF BEGINNING of the tract herein described; THENCE continuing along said North right-of-way line, South 88 degrees 52 minutes 02 seconds West, a distance of 1,195.92 feet to a point for comer; THENCE North 13 degrees 29 minutes I 1 seconds East, a distance of 149.68 feet to a point for comer; THENCE North 11 degrees 11 minutes 00 seconds West, a distance of 301.96 feet to a point for comer; ' THENCE North 27 degrees 34 minutes 16 seconds West, a distance of 49.68 feet to a point for corner; THENCE North 63 degrees 48 minutes 12 seconds West, a distance of 13.38 feet to a point for comer; THENCE North 75 degrees 14 minutes 45 seconds East, a distance of 416.26 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 32 degrees 58 minutes 46 seconds, a radius of 877.75 feet, and a chord bearing and distance of North 06 degrees 19 minutes 24 seconds East, 498.29 feet; THENCE Northerly, along said curve to the right, an arc distance of 505.23 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 08 degrees 56 minutes 34 seconds, a radius of 967.46 feet, and a chord bearing and distance of North 16 degrees 32 minutes 45 seconds East, 150.85 feet; THENCE Northerly, along said curve to the left, an are distance of 151.00 feet to a point for comer, THENCE South 80 degrees 02 minutes 09 seconds East, a distance of 147.28 feet to a point for comer; THENCE South 89 degrees 41 minutes 51 seconds East, a distance of 207.24 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 20 degrees 14 minutes 41 seconds, a radius of 1,170.08 feet, and a chord bearing and distance of South 81 degrees 43 minutes 44 seconds East, 411.28 feet; ' THENCE Easterly, along said curve to the right, an arc distance of 413.43 feet to a point for comer; THENCE South 71 degrees 36 minutes 24 seconds East, a distance of 375.04 feet to a point for comer; Ordinance No. 2272-3-04 Page 14 THENCE South 19 degrees 11 minutes 24 seconds West, a distance of 191.55 feet to a point for corner; THENCE South 19 degrees 56 minutes 22 seconds West, a distance of 506.33 feet to a point for corner; THENCE South 19 degrees 34 minutes 59 seconds West, a distance of 374.66 feet to the POINT OF BEGINNING and containing 32.024 acres of land, more or less. TRACT' K2 (R5 ZONING) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, Allen, Collin County, Texas and being all of a called 55.725 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4219, Page 1942, (Document Number 98-0081735), Deed Records, Collin County, Texas and being part of a called 100.171 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4219, Page 2173, (Document Number 98-0081760), Deed Records, Collin County, Texas and being part of a called 163.455 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 3983, Page 1084, (Document Number 97- 0070020), Deed Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found at the Southwest corner of a called 103.337 acre tract of land described in Deed to Cottonwood Management, Ltd, recorded in Volume 4271, Page 1606, (Document Number 98-001031), Deed Records Collin County, Texas; THENCE North 88 degrees 48 minutes 03 seconds East, along the South line of said 103.337 acre tract, a distance of 139.54 feet to a point for comer at the POINT OF BEGINNING of the tract herein described; THENCE continuing along said South line North 88 degrees 48 minutes 03 seconds East, a distance of 1,662.93 feet to a point for corner; THENCE South 00 degrees 45 minutes 38 seconds East, a distance of 282.18 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle of 08 degrees 08 minutes 00 seconds, a radius of 888.40 feet, and a chord bearing and distance of South 04 degrees 39 minutes 47 seconds East, 126.00 feet; THENCE Southerly, along said curve to the left, an arc distance of 126.11 feet to a point for corner at the beginning of a non -tangent curve to the right having a central angle of 1 I degrees 10 minutes 44 seconds, a radius of 770.80 feet, and a chord bearing and distance of South 05 degrees 52 minutes 38 seconds East, 150.15 feet; THENCE Southerly, along said curve to the right, an are distance of 150.39 feet to a point for comer; THENCE South 00 degrees 17 minutes 16 seconds East, a distance of 374.58 feet to a point for comer; THENCE South 09 degrees 43 minutes 54 seconds East, a distance of 68.15 feet to a point for comer; THENCE South 02 degrees 08 minutes 22 seconds East, a distance of 188.39 feet to a point for corner at the beginning of a non -tangent curve to the right having a central angle of 23 degrees 29 minutes 18 seconds, a radius of 449.71 feet, and a chord bearing and distance of South 09 degrees 22 minutes 45 seconds West, 183.07 feet; ' THENCE Southerly, along said curve to the right, an arc distance of 184.36 feet to a point for corner; THENCE South 21 degrees 10 minutes 29 seconds West, a distance of 286.21 feet to a point for corner at the Ordinance No. 2272-3-04 Page 15 beginning of a non -tangent curve to the left having a central angle of 27 degrees 01 minutes 39 seconds, a radius of 515.85 feet, and a chord bearing and distance of South 11 degrees 49 minutes 32 seconds West, ' 241.09 feet; THENCE Southerly, along said curve to the left, an am distance of 243.34 feet to a point for comer; THENCE North 88 degrees 39 minutes 09 seconds West, a distance of 414.89 feet to a point for comer; THENCE North 64 degrees 54 minutes 33 seconds West, a distance of 100.41 feet to a point for corner at the beginning of a non -tangent curve to the left having a central angle of 23 degrees 47 minutes 38 seconds, a radius of 646.09 feet, and a chord hearing and distance of North 15 degrees 42 minutes 32 seconds East, 266.38 feet; THENCE Northerly, along said curve to the left, an am distance of 268.31 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 18 degrees 02 minutes 56 seconds, a radius of 770.10 feet, and a chord bearing and distance of North 14 degrees 04 minutes 18 seconds East, 241.59 feet; THENCE Northerly, along said curve to the right, an are distance of 242.59 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 59 degrees 07 minutes 54 seconds, a radius of 365.34 feet, and a chord bearing and distance of North 31 degrees 25 minutes 09 seconds West, 360.54 feet; THENCE Northwesterly, along said curve to the right, an arc distance of 377.05 feet to a point for corner; THENCE North 00 degrees 39 minutes 42 seconds West, a distance of 381.37 feet to a point for comer, THENCE South 89 degrees 14 minutes 04 seconds West, a distance of 887.88 feet to a point for comer; THENCE North 23 degrees 27 minutes 13 seconds East, a distance of 175.34 feet to a point for comer; THENCE North 40 degrees 58 minutes 14 seconds West, a distance of 144.76 feet to a point for corner; THENCE North 08 degrees 10 minutes 27 seconds West, a distance of 348.91 feet to the POINT OF BEGINNING and containing 40.668 acres of land, mom or less. TRACT L (R5 Zoning) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, Allen, Collin County, Texas and being a part of a called 163.445 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 3983, Page 1084, (Document Number 97-0070020), Deed Records, Collin County, Texas and being a part of a called 16.802 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4160, Page 288, Deed Records, Collin County, Texas and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set, from which a 5/8 inch iron rod with a red cap stamped "KHA" bears North 47 degrees 08 minutes 37 seconds West 0.94 feet, in the North line of Stacy Road (a variable width public righiof--way), said point also being in the East line of a called 37.418 acre tract of land described in Deed to Paul Lehner and Virginia Lehner, recorded in Document ' Number 92-0083443, Deed Records, Collin County, Texas; THENCE North 00 degrees 49 minutes 24 seconds West, along the East line of said Paul Lehner and Virginia Lehner tract, a distance of 310.00 feet to a point for comer at the POINT OF BEGINNING of the Ordinance No. 2272-3-04, Page 16 tract herein described; THENCE continuing along said East line North 00 degrees 49 minutes 24 seconds West, a distance of 1,205.27 feet to a point for comer in the West line of said 163.445 acre tract and the East line of a tract described in Deed to Charles B. Bush, recorded in Volume 2526, Page 153, Deed Records, Collin County, Texas; THENCE North 89 degrees 58 minutes 39 seconds East, a distance of 842.90 feet to a point for comer; THENCE South 02 degrees 22 minutes 35 seconds East, a distance of 853.57 feet to a point for corner; THENCE North 89 degrees 25 minutes 47 seconds East, a distance of 165.88 feet to a point for comer at the beginning of a curve to the right having a central angle of 15 degrees 04 minutes 01 seconds, a radius of 492.72 feet and a chord bearing and distance of South 83 degrees 02 minutes 12 seconds East, 129.20 feet; THENCE Easterly, along said curve to the right, an arc distance of 129.57 feet to a point for comer at the beginning of a reverse curve to the left having a central angle of 16 degrees 27 minutes 03 seconds, a radius of 461.48 feet, and a chord bearing and distance of South 83 degrees 43 minutes 44 seconds East, 132.05 feet; THENCE Easterly, along said curve to the left, an arc distance of 132.50 feet to a point for comer, THENCE North 88 degrees 03 minutes 30 seconds East, a distance of 449.96 feet to a point for comer; THENCE South 23 degrees 05 minutes 03 seconds East, a distance of 57.42 feet to a point for corner; THENCE South 63 degrees 48 minutes 12 seconds East, a distance of 163.72 feet to a point for corner; THENCE South 27 degrees 34 minutes 16 seconds East, a distance of 49.68 feet to a point for comer; THENCE South 11 degrees I 1 minutes 00 seconds East, a distance of 301.96 feet to a point for comer, THENCE South 13 degrees 29 minutes l I seconds West, a distance of 149.68 feet to a point for corner in the North right -of --way line of said Stacy Road; THENCE South 88 degrees 52 minutes 02 seconds West, along said North right-of-way line, a distance of 1,338.04 feet to a point for comer; THENCE North 00 degrees 49 minutes 24 seconds West, a distance of 271.80 feet to a point for corner at the beginning of a curve to the left having a central angle of 90 degrees 18 minutes 34 seconds, a radius of 38.00 feet and a chord bearing and distance of North 45 degrees 58 minutes 41 seconds West, 53.89 feet; THENCE Northwesterly, along said curve to the left, an arc distance of 59.90 feet to a point for comer; THENCE South 88 degrees 52 minutes 02 seconds West, a distance of 571.80 feet to the POINT OF BEGINNING and containing 40.483 acres of land, more or less. TRACT M (SC Zoning) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, City of Allen, Collin County, Texas and being a part of a called 100.171 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4219, Page 2173, Deed Records, Collin County, Texas, part of a called 16.802 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Ordinance No. 2272-3-04, Page 17 Volume 4160, Page 288, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at a 12 inch iron rod with a yellow plastic cap stamped "DAA" set, from which a 5/8 inch iron rod with a red cap stamped "KHA" bears North 47 degrees 08 minutes 37 seconds West 0.94 feet, in the North line of Stacy Road (a variable width public right-of-way), said point also being in the East line of a called 37.418 acre tract of land described in Deed to Paul Lehner and Virginia Lehner, recorded in Document Number 92-0083443, Deed Records, Collin County, Texas; THENCE North 00 degrees 49 minutes 24 seconds West, along the East line of said Paul Lehner and Virginia Lehner tract, a distance of 310.00 feet to a point for corner; THENCE North 88 degrees 52 minutes 02 seconds East, a distance of 571.80 feet to a point for comer at the beginning of a curve to the right having a central angle of 90 degrees 18 minutes 34 seconds, a radius of 38.00 feet and a chord bearing and distance of South 45 degrees 58 minutes 41 seconds East, 53.89 feet; THENCE Southeasterly, along said curve to the right, an are distance of 59.90 feet to a point for comer; THENCE South 00 degrees 49 minutes 24 seconds East, a distance of 271.80 feet to a point for comer; THENCE South 88 degrees 52 minutes 02 seconds West, a distance of 610.01 feet the POINT OF BEGINNING and containing 4.334 acres of land, more or less. TRACT N (R7 Zoning) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, Allen, Collin County, Texas and being all of a called 55.725 acre tract of land described in Deed to Continental Mortgage and Equity Toast, recorded in Volume 4219, Page 1942, (Document Number 98-0081735), Deed Records, Collin County, Texas and being part of a called 100.171 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4219, Page 2173, (Document Number 98-0081760), Deed Records, Collin County, and being more particularly described as follows: COMMENCING at a 1/2 inch iron rod found for corner at the Southwest corner of a called 103.337 acre tract of land described in Deed to Cottonwood Management, Ltd., recorded in Volume 4271, Page 1666, (Document Number 98-00114031), Deed Records Collin County, Texas; THENCE North 88 degrees 48 minutes 03 seconds East, along the South line of said 103.337 acre tract, a distance of 1,802.47 feet to a point for corner at the POINT OF BEGINNING of the tract herein described; THENCE continuing North 88 degrees 48 minutes 03 seconds East, a distance of 975.01 feet to a 1/2 inch iron rod found in the West line of a tract of land described in Deed to Brookside Partners, Ltd., recorded in Volume 4066, Page 1839, (Document Number 97-0109658), Deed Records, Collin County, Texas near the centerline of County Road No. 196, said point being at the Southeast comer of said 103.337 acre tract and the Northeast comer of said 55.725 acre tract; THENCE South 00 degree 55 minutes 53 seconds East, along said West line of Brookside Partners tract and with the approximate centerline of County Road No. 196, a distance of 846.14 feet to the Northeast comer of NORTH ALLEN SUBSTATION, LOT 1, an Addition to the City of Allen, Collin County, Texas, according to the Plat thereof recorded in Cabinet `T', Slide 938, Map Records, Collin County, Texas; THENCE South 88 degree 53 minutes 07 seconds West, a distance of 619.83 feet to a 5/8 inch iron rod found at the Northwest comer of said LOT 1; Ordinance No. 2272-3-04, Page 18 THENCE South 01 degree 06 minutes 53 seconds East, a distance of 350.00 feet to a 5/8 inch iron rod found at the Southwest comer of said LOT 1; ' THENCE North 88 degree 53 minutes 07 seconds East, a distance of 429.99 feet to a 5/8 inch iron rod found in the approximate centerline of County Road No. 196 at the most Southerly Southeast corner of said LOT 1 and the Northeast comer of said 100.171 acre tract, said point being in the West line of a tract of land described in Deed to Virginia Petefish Lea and David M. Petefish, recorded in Volume 3411, Page 784, Deed Records, Collin County, Texas; THENCE South 00 degrees 27 minutes 20 seconds East, a distance of 242.44 feet to a point for corner; THENCE South 19 degrees 18 minutes 53 seconds West, a distance of 470.98 feet to a point for comer; THENCE South 21 degrees 20 minutes 07 seconds West, a distance of 490.29 feet to a point for corner; THENCE South 19 degrees I 1 minutes 24 seconds West, a distance of 312.77 feet to a point for comer; THENCE North 71 degrees 36 minutes 24 seconds West, a distance of 375.04 feet to a point for corner at the beginning of a curve to the left having a central angle of 20 degrees 14 minutes 40 seconds, a radius of 1,170.08 feet and a chord bearing and distance of North 81 degrees 43 minutes 44 seconds West, 411.28 feet; THENCE Westerly, along said curve to the left, an arc distance of 413.43 feet to a point for comer; THENCE North 89 degrees 41 minutes 51 seconds West, a distance of 207.24 feet to a point for comer; ' THENCE North 80 degrees 02 minutes 09 seconds West, a distance of 147.28 feet to a point for corner at the beginning of a non -tangent curve to the left having a central angle of 15 degrees 15 minutes 57 seconds, a radius of 967.46 feet, and a chord bearing and distance of North 04 degrees 26 minutes 29 seconds East, 257.01 feet; THENCE Northerly, along said curve to the left, an arc distance of 257.77 feet to a point for comer at the beginning of a non -tangent curve to the right having a central angle of 41 degrees 13 minutes 35 seconds, a radius of 497.70 feet, and a chord bearing and distance of North 14 degrees 14 minutes 34 seconds East, 350.43 feet; THENCE Northerly, along said curve to the right, an arc distance of 358.11 feet to a point for comer; THENCE South 64 degrees 54 minutes 33 seconds East, a distance of 100.41 feet to a point for corner; THENCE South 88 degrees 39 minutes 09 seconds East, a distance of 414.89 feet to a point for corner at the beginning of a non -tangent curve to the right having a central angle of 27 degrees 01 minutes 40 seconds, a radius of 515.85 feet, and a chord bearing and distance of North I I degrees 49 minutes 33 seconds East, 241.09 feet; THENCE Northerly, along said curve to the right, an arc distance of 243.34 feet to a point for comer; THENCE North 21 degrees 10 minutes 29 seconds East, a distance of 285.41 feet to a point for comer at the beginning of a non -tangent curve to the left having a central angle o£23 degrees 35 minutes 28 seconds, a radius of 449.71 feet, and a chord bearing and distance of North 09 degrees 25 minutes 50 seconds East, 183.86 feet; THENCE Northerly, along said curve to the left, an arc distance of 185.17 feet to a point for comer; Ordinance No. 2272-3-04, Page 19 THENCE North 02 degrees 08 minutes 22 seconds West, a distance of 188.39 feet to a point for corner; THENCE North 09 degrees 43 minutes 54 seconds West, a distance of 68.15 feet to a point for comer; THENCE North 00 degrees 17 minutes 16 seconds West, a distance of 374.58 feet to a point for comer at the beginning of a curve to the left having a central angle of 11 degrees 10 minutes 44 seconds, a radius of 770.80 feet and a chord bearing and distance of North 05 degrees 52 minutes 38 seconds West, 150.15 feet; THENCE Northerly, along said curve to the left, an aro distance of 150.39 feet to a point for corner at the beginning of a non -tangent curve to the right having a central angle of 08 degrees 08 minutes 00 seconds, a radius of 888.40 feet, and a chord bearing and distance of North 04 degrees 39 minutes 47 seconds West, 126.00 feet; THENCE Northerly, along said curve to the right, an arc distance of 126.11 feet to a point for corner; THENCE North 00 degrees 45 minutes 38 seconds West, a distance of 282.18 feet to the POINT OF BEGINNING and containing 51.766 acres of land, more or less. TRACT O (SC Zoning) BEING a tract of land located in the FRANCIS DOSSER SURVEY, ABSTRACT NO. 280, City of Allen, Collin County, Texas and being a part of a called 100.171 acre tract of land described in Deed to Continental Mortgage and Equity Trust, recorded in Volume 4219, Page 2173, Deed Records, Collin County, Texas and being more particularly described as follows: ' BEGINNING at a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner in the North right-of-way line of Stacy Road, a variable width public right-of-way and near the approximate centerline of Collin County Road No. 196 (Chelsea Road), a variable width public right-of-way, said point being the Southeast comer of said 100.171 acre tract of land; THENCE along the North right-of-way line of said Stacy Road, the following (5) five courses and distances: South 89 degrees 32 minutes 47 seconds West, a distance of 47.28 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; South 00 degrees 27 minutes 13 seconds East, a distance of 5.73 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for comer; South 88 degrees 52 minutes 02 seconds West, a distance of 200.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for corner; South 85 degrees 02 minutes 59 seconds West, a distance of 150.19 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "DAA" set for comer; South 88 degrees 52 minutes 52 seconds West, a distance of 418.73feet to a point for comer said point being North 88 degrees 52 minutes 02 seconds East, a distance of 3,143.97 feet from a set 1/2 inch iron rod with a yellow plastic cap stamped "DAA"; ' THENCE North 19 degrees 34 minutes 59 seconds East, a distance of 374.66 feet to a point for corner; THENCE North 19 degrees 56 minutes 22 seconds East, a distance of 506.33 feet to a point for comer; Ordinance No. 2272-3-04, Page 20 THENCE North 19 degrees I 1 minutes 24 seconds East, a distance of 504.32 feet to a point for corner; ' THENCE North 21 degrees 20 minutes 07 seconds East, a distance of 490.29 feet to a point for corner; THENCE North 19 degrees 18 minutes 53 seconds East, a distance of 470.98 feet to a point for corner at or near the approximate centerline of said Chelsea Road and in the West line of a tract of land described in Deed to Virginia Petefish Lea and David A Petefish, recorded in Volume 3411, Page 784, Deed Records, Collin County, Texas; THENCE South 00 degrees 27 minutes 20 seconds East, along the approximate centerline of said Chelsea Road, a distance of 2,175.19 feet to the POINT OF BEGINNING and containing 20.502 acres of land, more or less. Ordinance No. 2272-3-04, Page 21 EXHIBIT "B„ ZONING CONCEPT PLAN Fix; k j �`... ,..... �1 Ordinance No. 2272-3-04, Page 22 d it ZONING EXHIBIT v � Ordinance No. 2272-3-04, Page 22 d it ZONING EXHIBIT Ordinance No. 2272-3-04, Page 22 1 EXHIBIT "C^ RESIDENTIAL CONCEPT PLAN Ordinance No. 2272-3-04, Page 23 UOWOtY.ANOf1150N as�oa.vex ixt. cmp�rnnwx w I EXI BIT "D" COMMERCIAL CONCEPT PLAN Ordinance No. 2272-3-04. Page 24 EXHIBIT "E" DEVELOPMENT REGULATIONS ' TRACT A The Property shall be used and developed in accordance with the ronin¢ regulations for the CC zoning district in the Allen Land Development Code, except as otherwise orovided below: Permitted Uses: Permitted uses shall be those identified as Corridor Commercial/Entertainment (CC/ENT) and are listed below: • Amusement, Commercial (Indoor and Outdoor) (Examples include bowling, family entertainment center, i.e. Dave & Busters, skate park (indoor/outdoor), and other Ordinance No. 2272-3-04 Page 25 similar recreational and entertainment uses. • Baker or Confectionery • Banks and Financial Institutions • Book, Card, or Novelty Shops (Similar uses such as record stores and toy stores are also allowed for under this category.) • Ca%/Coffee House • Catering • Country Club • Day Care/Elder Care • Department, Discount or Category Stores (Examples include Galyan's, Kohl's, Best Buy, Dillard's) • Dentist ' • Drug Store or Pharmacy • Fitness and Health Center • Florist • Gymnastics/Athletics (Examples include indoor and outdoor court sports/fields) • Heliport • Helistop • Helistop (Temporary) • Hotel • Museum, Library, Art Gallery and other civic uses such as Post Office or City/County Offices • Optometrist/Optician • Pet Grooming/Pet Store • Playfield or Stadium • Private Club, including a Comedy or Music Club • Restaurant (Incidental Drive-in Only) • Restaurant/Private Club • Retail Store (Examples include clothing stores, home goods, i.e. specialty market) • Spa wellness Center • Specialty Coffee Shop • Swim or Tennis Club • Theater (Examples include a cinema, large-scale format theater, i.e. ]MAX, indoor/outdoor amphitheater, and live theater) ' • Travel Agency • All categories of lifestyle, recreational, fashion, and other retail supporting leisure - oriented shopping Ordinance No. 2272-3-04 Page 25 • Lifestyle Center (Special Use Permit Required) (This type of development will allow for residential, office and service uses to be allowed on second or higher floors.) ' TRACT B The property shall be used and developed in accordance with the zoning regulations for the AO zoning district in the Allen Land Development Code. TRACTS H AND J The property shall be used and developed in accordance with the zoning regulations for the R-3 zoning district in the Allen Land Development Code, except as otherwise provided below: Minimum Dwelling Unit Size: 2,200 square feet TRACTS G. Kl, AND K2 The property shall be used and developed in accordance with the zoning regulations for the R-5 zoning district in the Allen Land Development Code, except as otherwise provided below: Minimum Dwelling Unit Size: 2,000 square feet TRACTS L AND N The property shall be used and developed in accordance with the zoning regulations for the R-7 zoning district in the Allen Land Development Code, except as otherwise provided below: Minimum Dwelling Unit Size: 1,800 square feet TRACTS M AND O The property shall be used and developed in accordance with the zoning regulations for the SC zoning district in the Allen Land Development Code, except as otherwise provided below: The following uses will not be permitted: • Auto Part Sales • Automotive Repairs • Building Materials Sales • Equipment Rental • Laboratories • Pawn Shops The following use will be permitted with a Specific Use Permit: • Fueling Station DEVELOPMENT REGULATIONS APPLICABLE TO ALL TRACTS: • Development of the property shall generally comply with the attached "Zoning Exhibit". • The maximum number of single-family lots that maybe developed is 900. • Land zoned to the R7 zoning district shall not exceed 30% of the total land zoned for single-family development. Ordinance No. 2272-3-04, Page 26 • Land zoned to the R3 zoning district shall not be less than 30% of the total land zoned for single- family development. • The property owner shall dedicate the floodplain north of Ridgeview Drive concurrent with the ' floodplain dedication south of Ridgeview Drive. • The park/open space plan for the property south of Ridgeview Drive shall be created prior to approval of a preliminary plat for any residentially zoned property by the City of Allen. • The park and open spaces shall include elements mutually agreed to by the City and the Developer. • Where dwellings abut the park/open space, tubular steel (wrought iron) shall be used for fencing material in order to provide an open view corridor adjacent to the park. • A minimum 15' wide landscape buffer shall be provided where single-family development is adjacent to an arterial street. Elements within the buffer shall include trees, shrubs, berms, and meandering sidewalks. • Landscaping and tubular steel (wrought iron) may be incorporated into the design of the perimeter subdivision wall in those instances where a street or cul-de-sac internal to the development is adjacent to an arterial street. The required homeowners association shall maintain said landscaping. • All Parks, Trails, Water features, and other Public Amenities shall be the responsibility of the owner to build. Maintenance shall be provided by a Home Owners Association and/or a Business Owners Association in perpetuity. All said Public Amenities shall be open to the public regardless of whether or not they live or work in the proposed development. • Any public participation by the City shall be limited to expanding and/or constructing amenities not generally considered to be a requirement or usual amenity associated with this type of development (such as promenades, lake and water features, fountains, enhanced thoroughfare landscaping, structured parking etc.). Any such participation shall be negotiated as to scope and detail during the development of the Detail Site Plan. • Access to linear greenbelts and public open space/parks shall be well defined, easily found by the ' public other than subdivision homeowners and include designated parking at key trail heads to the greenbelt and park areas. • The two eastside lanes of Watters Road shall be constructed from Stacy Road up to the greenbelt separating the residential from commercial tracts upon the development of residential in that area, and that Watters Road from SH 121 down to the greenbelt separating the residential tract to be constructed whenever commercial development occurs and when Watters Road is constructed up to the greenbelt from the residential tract. • Alignment of Ridgeview Road to he determined during site plan detailed analysis. • Open Space and Park Land use for residential tracts shall be as approved by the City. Ordinance No. 2272-3-04, Page 27