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Ordinance 1989-22 ORDINANCE NO. 8~- ;:0 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, TEXAS, AS HERETOFORE AMENDED (ORDINANCE NO 81-5), TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO THE NEW ZONING CLASSIFICA- TION HEREIN STATED; PROVIDING A REPEALING CLAUSE; PROVIDING A SEVERABILITY CLAUSE; PROVIDING PENALTIES FOR VIOLATION OF THIS ORDINANCE NOT TO EXCEED THE SUM OF TWO HUNDRED ($200.00) FOR EACH OFFENSE; AND DECLARING AN EFFECTIVE DATE. WHEREAS, the City Zoning Commission and the City Council of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the granting of zoning changes under the zoning ordinance and zoning map, have given requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally, the said Governing Body is of the opinion that the said change of zoning which is on application of City of Wylie should be granted and the Comprehensive Zoning Ordinance of the City of Wylie should be amended in the exercise of its legislative discretion: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1.That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be and the same is hereby amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning district classification to-wit: Business 2 Said property being described as follows: 32.419 Acres See attached SECTION 2.That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3.That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City as amended herein by the granting of this zoning classification. SECTION 4.That should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invlaid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof other than the part so decided to be invalid, illegal or unconstitutional and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 5.That 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 the Comprehensive Zoning Ordinance of the City, as heretofore amended, and upon conviction shall be fined an amount not to exceed the maximum estalblished by State Law, and that each day such violation shall continue to exist shall constitute a separate offense. SECTION 6.It is necessary to give the property described herein the above mentioned zoning classification in order to permit its proper development and in order to protect the public interest, comfort and general welfare of the City. Therefore, this ordinance shall take effect immediately from and after its passage, as the law in such cases pr ov ides. ATTEST: PASSED BY this the THE CITY COUNCIL OF 14th day of OF WYLIE, DULLY TEXAS, 198 9 Mayor MCCORD'S LITTLE SIX SUBDIVISION (not recorded in County records) BEING out of the MOSES SPARKS SURVEY, Abstract '849, and being a . part of a 5.84 acre tract as described in deed from L.L. Gayler and wife, Evelyn Gayler, to Norman R. MC90rd and wife, Ruby Alice McCord as recorded under County Clerk s File No. 7741, on June 10, 1971, and being more particularly described as follows: ~()f / BEGINNING at a point for corner in the South line of said 5.84 acre tract and in the North line of Farm Road No. 544, said corner bears South 89 degrees, 52 minutes East, 20.00 feet from the southwest corner of said 5.84 acre tract; THENCE country therein; THENCE SOUTH 84 degrees 09 minutes East, 90.02 feet to a point for corner; NORTH road, o degrees 03 minutes West, along the East line of a a distance of 245.24 feet to a point for corner THENCE SOUTH 0 degrees 03 minutes East, 5.00 feet to a point for corner; THENCE SOUTH 84 degrees 09 minutes East, 14.50 feet to a point for corner; THENCE SOUTH 0 degrees 03 minutes East, 229.78 feet to a point for corner in the North line of said Farm Road No. 544; THENCE NORTH 89 degrees 52 minutes West, along the south line of said 5.84 acre tract .and the North line of said Farm Road No. 544, a distance of 104..00 feet to the PLACE OF BEGINNING, and being Lot 1 of McCords LITTLE SIX SUBDIVISION, an unrecorded subdivision in Collin ~ounty, Texas. .i()f ~ BEGINNING at a point 124.00 feet South 89 deg. 52 min. East, from a point 45.00 feet North 0 deg. 03 min. West from the Southwest corner of a 40 acre tract, . THENCE North 0 deg. 03 min. West parallel to the West boundaries of the said 40 acre tract and the said 5.84 acre tract a distance of 229.78 feet along the East line of Lot No. 1 to the South line of the gas utility easement described as Lot A; THENCE South 84 deg. 09 min. East parallel to the North line of the said 5.84 acre tract a distance of 19.50 feet; THENCE North 0 deg. 03 min. West a distance of 5.00 feet to a point for corner in said 5.84 acre tract; THENCE South 84 deg. 09 min. East parallel to North line of the said 5.84 acre tract a distance of 86.02 feet to the West line of adjacent lot No.3; THENCE South 0 deg. 03 min. East parallel to the West boundaries of the said 40 acre tract and the said 5.84 acre tract along the West line of Lot No.3, a distance of 224.34 feet to the South line of the said 5.84 acre tract; THENCE North 89 deg. 52 min. West along the South line of said 5.84 acre tract and the North line of State Farm Road No. 544, a distance of 105.0 feet to the point of beginning. ~()f 3 BEGINNING at a point for Southwest corner in the South of said 5.84 acre tract and in the North line of State Road No. 544, said pOint bears South 89 deg. 52 min. 229.0 feet from the Southwest corner of said 5.84 tract; line Farm East acre THENCE North 0 deg. 03 min adjacent Lot 2 a distance of corner therein; West along the East 224.34 feet to a line of point for THENCE South 84 deg. 09 min. East, a distance of l09.54 feet to a point for corner in the West line of adjacent Lot 4; THENCE South 0 deg. 03 min East along the West line of said Lot 4, a distance of 213.44 feet to a point for corner in the South line of said 5.84 acre tract; THENCE North 89 deg. 52 min. West along the South line of said 5.84 acre tract and the North line of said State Farm Road No. 544, a distance of 109.0 feet to the POINT OF BEGINNING. LtJr f BmllININ:; at a point for Southwest corner in the South line of said 5.84 acre tract and in the North line of State Fann Road No. 544, said point bears South 89 deg. 52 min. East 338.0 feet fran the Southwest comer of said 5.84 acre tract: 'llIENCE North 0 deg. 03 min. West along the East line of adjacent Lot 3 a distance of 213.44 feet to a point for corner therein: 'lHEl'a South 84 deg. 09 min. East, a distance of 112.56 feet to a point for corner in the West line of. adjacent Lot 5: '!HENCE Scx.1th 0 deg. 03 min. East along the West line. of said Wt 5, a distance of 207.24 feet to a point for comer in the South line of said 5.84 acre tract: 'mEN:E North 89 deg. 52 min. West along the South line of said 5.84 acre tract and the North line of said State Fann Road No. 544, a distance of il2.00 feet to the PCIN!' CF B.F..X;INNm:;. Lo f S- . BEX::INNIm at a point for Southwc!st corner in the South line of the said 5.84 acre tract aM in the ~ line of State Farm J\:w:S l'tl. 544, said point bears ~th 89 de;Jrees 52 r.U.nutcs East, 450.00 feet fran Sout:l"r,..1est comer of said 5.84 acre tract; THnQ: ~rth 0 degrees 03 minutes ,,:est, aloog the Fast line of adjacent lDt ~. 4, a distance of 207.24 feet to a point for comer therein, 'mEN:'E South 84 degrees 09 minutes East, parallel to the tbrth line of said 5.84 acre tract, a distance of 118.59 feet to a POint for corner in the "''est line of adjacent Lot~. 6, .. 'mEN:'E South 0 degrees 03 minutes East, aloog the "-':!st line of said Lot ~. 6, a distance of 190.43 feet to a point for corner in t.~ Sooth line of said 5.84 acre tract, 'mEN:'E N::>rth 89 degrees 52 minutes west aloog the South line of Mid 5.84 acre tract, and the ~rth line of said State ~axm !bad l'tl. 544, a distance of 118.00 feet to the place of ~1nninc], said Il'lt No.5 being illustrated in a surveyed Wlre<x)rda:i sulxUvision plat of January 1970, a ~ of ....hich is recorded in Volur.c l003, Page 406, reference to which is here made for all fm1X>ses. L.tJ f 6 m:cnINING at a point for SW corner in the South line of said 5.ts4 acre tract and in the North line of State l"arm ROIid No. 544, said point bears S 89 deg. 52 lIiD~ E, 568.00' rro. the S'1l corner of said 5.84 acre tract; THENCE U 0 deg. 03 min. W along the east line of adjacent Lot Ho. ~, a distance of 190.43' to a point for corner therein; TU~'JCj:; S 84 dee. 09 min. e;, a distance of 124.62' to 0 point corner in the vest Une or udjacen t Lot lio. .,; TIUJ~~ S 0 deb' 03 min. E along the ~est line of said Lot ffo. 7, a distance of l78.04' to 4 point for corner in the South line of said 5.84 acre tract; TH&'lC~ N 89 deg., 52 min. 'tI alone; the South line of said 5.84 acre tract and the North line of State i'ona Rood No. ~44, a distance of l24.00' to the point BEIiIHNING, said i.ot No. 6 being illustrated in a surveyed unrecorded subdivision plat of January 1970, a copy thereof attached hereto. ~()f 7 Beginning at an iron stake found for corner in the North line of F.M. Road No. 544, said point being the Southeast corner of said Peteet '. Tract, said point also being North 89 deg. 52 min. West 514.00 feet from the Southeast corner of a 5.84 acre tract conveyed to Norman R. McCord and wife, recorded in Volume 786, Page 628, Collin County Deed Records; THENCE: North 89 der,. 52 min. West 129.00 feet along the North line of said F.M. Road No. 544 to an iron stake found for corner. THENCE: North 00 deg. 03 min. Pest 178.04 feet to an iron stake found for corner in the South line of a 10 foot Alley (unimproved). THENCE: South 84 deg. 09 min. East 129.64 feet along said 10 foot Alley to an iron stake found for corner. THENCE: South 00 deg. 03 min. East 165.13 feet to the Place of Beginning and containing 0.508 acre of land. 1. Easement to North Texas Municipal Water District, recorded in Volume 512, Pa~e 476, Deed Records, Collin County, Texas. 2. Two five (5) foot Utility easements recorded in Volume 1003, Page 421, Deed Records, Collin County, Texas. Joi-~ BEGINNING at a point for the SE corner in the South line of said 5.84 acre tract and in the North line of State Fam Road No. 544, said point bears N 89 deg. S2 min. \\', 375. 40 feet from the SE corner of said 5.84 acre tract; 1HENCE N 89 deg. S2 min. W along the South line of said 5.84 acre tract and ~e North line of said State Fann Road No. 544, a distance of 139.00 feet to a pomt for corner in the East line of adjacent Lot No.7; 1HENCE North 00 deg. 03 min. W, along the ?ast line of said Lot No.7, a distance. of 165.13 feet to a point for corner therem; TIiENCE S 84 deg. 09 min. E, parallel to the North line ot" sai~ 5.84 ac!e tract, a distance of 139.69 feet to a point for corner in the West lIne of adJacent Lot No.9; 1HENCE S 00 deg. 03 min. East along the West line of said Lot No.9, a distance of 151.27 feet to the mINI' OF BEGINNING. J. of 9 BEGINNING at a point for Southwest corner in the South of said 5.84 acre tract and in the North line of State Road No. 544, said point bears South 89 deg. 52 min. 960.0 feet from the Southwest corner of said 5.84 tract; line Farm East acre THENCE North 0 adjacent Lot 8 a corner therein; deg. 03 min. West along the East line of distance of 151.27 feet to a point for THENCE South 84 deg. 09 min. East a distance of 149.74 feet to a point for corner therein; THENCE South 0. deg. 03 min. East along the West line of adjacent Lot 10, a distance of 136.36 feet to a point for corner in the South line of said 5.84 acre tract; THENCE North 89 deg. 52 min. West along the South line of said 5.84 acre tract and the North line of said State Farm Road No. 544, a distance of 149.0 feet to the POINT OF BEGINNING. ~()f /0 8EGINHIN~, at a point on the North line of F. H. Road No. 544, said point being the Southeast corner of said Tract 10, a 1/2 inch iron stake set for corner; r~~CE, North 89 deg. 52 min. West, along the North line of F. H. Road No. · a distance of 226.40 feet to a 1/2 inch iron stake set for corner; THENCE, North 0 deg. 27 min. 03 sec. East leavin the N h 1 Road No. 544, a distance of 145.39 feet t~ a 1/2 ~nch ir~~tsta~:es:~ ~~rH~orner; THENCE, South 84 deg. 06 min. 09 sec. East' Louis and Southwestern Railroad, a distanc; along the South line of the St. stake set for corner; of 225.98 feet to a 1/2 inch iron THENCE, South 0 deg. 13'min. 13 sec. East, leaving said Railroad a distance of 122.69 feet to the Place of Beginning and containing 0.694 ac;es of land. LYONES REALITY CO., INC. TRUSTEE 7.597 Acres BEING a tract of land out of the Moses Sparks Survey Abstract No. 849 and descri bed in a deed froll C. E. Jack ICreck to To. Brigham recorded in Volume 1157, Page 747 of the Collin County Deed Records and being more fully. described as follows: BEGINNING at an Iron Rod in the North line of F.M. Highway 544, said stake also being in the West line of the Moses Sparks Survey and bearing North 40.00 feet and East 1.18 feet from the Southwest corner of the Moses Sparks Survey; THENCE North 01 degrees 39 minutes 51 seconds East, wi th the West line of the said tract and the west line of the said survey a distance of 546.31 feet to an Iron Rod for a corner in the South right-of-way line of St. Louis and the Southwestern Railway Company; THENCE South 84 degrees 06 minutes 20 seconds East, wi th North line of the said tract and South right-of-way line of the before mentioned railway company a distancc of 648.13 feet to a wooden corner post; THENCE South 01 degrees 49 minutes 02 seconds West, wi th East line of said tract a distance of 478.69 fcet to an Iron Rod for corner in the North right-of-way line of F.M. Highway 544; THENCE South 89 degrees 54 minutes 18 seconds West, wi th South line of said tract and North right-of-way F .M. Highway 544 a distance of 645.39 feet to the PLACE OF BEGINNING and CONTAINING 7.597 ACRES OF ~D. BANC HOME SAVINGS (Santos Property) 7.607 Acres SITUATED in Collin County, Texa., in the Mose Spark. Survey, Ab.tract No. 849, and being a part ot a 15.199 acre tract descri.bed a. Tract I 1n a neeeiver'. Oeed trom TOIll Br1gham et ux, to C. E. ':'.ck Xl..ck, recClrded in Volum.. 11!>7, ;t",cJo 75/9 at tho Collin County Deed Records and being more fully described as tollow" BEGINNING at an iron .take In the Southea.t corner ot the .aid tract in the North right-ot-way line ot F.M. "igh~ay 544, THENCE South 89 degrees 50 minutes 34 leeond. West, with North right-of-way of hiqhway, 759.85 feet to an 'iron stake; THENCE North 01 degr.. 47 alnute. 29 ..cond. Ea.t, a di.tance ot 478.70 feet to an iron itake 1n the South right-of-way line ot St. Loull ad Southwe.tern Railroad; THENCE South 84 degrees 10 minutes 32 .econd. Ea.t, with South right-of-way lino ot. .aid railroad, 151.06 feet to an iron .take at the Nor.:thea.t eorner of the .aid tract, . . THENCE South 0 de9ree~ 19 minute. 43 aeconda Weat, \11th East 11ne at ,tract, 400.17 teet to the PL^CI: or BECINNINC and COHT^INIHG 7.607 aeru of lalld. KATHLEEN WILLIAMS 4.5 Acres BEGINNING at the Southeast corner of a 285 acre tract of land in said Richard Sparks Survey, conveyed to T. W. Brigham by deed from W. H. Hall, dated April 12, 1873, and recorded in Vol. "X" page l38-l39 Collin County deed records; THENCE West with the S. B. Line of said 205 acre tract of land, a distance of 1,387.41 feet, a stake; THENCE North 1,333.25 feet to W. H. Brigham's S. W. Corner; THENCE East 1383.24 feet to the S. E. Corner of the W. H. Brigham tract; THENCE South 1,333.25 feet to the place of beginning, containing 39 acres of land, more or less, and the same tract of land, described in deed partitioning the estate of T. W. Brigham and his wife, Mrs. J. M. Brigham and known and designated as Lot Number 4, of said partition, deed dated October 2, 1897, and recorded in Vol. 85 page 6l4-618, Collin County deed records to which reference is here made for a full description thereof. SAVE AND ECCEPT 28.001 Acres North of the Railroad Tracks JACK SWEET 0.689 Acres Situated in Collin County, Texas, and being a rectangular shaped parcel out of a 39.0 acre tract of land in the Moses Sparks Survey, Abstract No. 849, as described in Deed From T.A. Berryman et al to Kathleen E. Williams a widow dated July 11, 1941, and being more partilularly described as follows: Beginning at an iron stake in the North Right-of-way line of F.M. Highway No. 544, 40.0 feet from the center line of said highway. Said point bears North 0 deg. 6 min. West 40.0 feet, and North 89 deg. 54 Min. East 503.1 feet from the original Southwest corner of said 39.0 acre tract of . land; Thence North 89 deg. 54 min. East, along the North line of said F.M. Highway No. 544, a distance of 75.5 feet to an iron stake; Thence South 89.deg. 52 min. East along the north line of said F.M. Highway No. 544. a distance of 74.5 feet to an iron stake for corner. Thence North 00 deg. 06 min. West, a distance of 200.0 feet to an iro~ stake for corner; ~ Thence North 89 deg. 59 min. West a distance of 150.0 feet to an iron stake for corner; Thance South 00 deg. 06 min. East a distance of 200.0 feet to the place of beginning, contain!ng 0.689 acres of land GARY ARMSTRONg - 1.599 Acres Being all that certain lot, tract or parcel of land situated in Collin County, Texas. being out of the Moses Sparks Survey, Abstract No. 849, and being part of a 39 acre tract of land conveyed from T. A. Berryman, et aI, to Kathleen E. Williams recorded in Vol. 562, Page 361, Collin County Deed Records, and being more particularly described as follows: Commencing at an iron pipe found for corner in the North line of F. M. No. 544, said point being the Southwest corner of said 39 acre tract, thence: N. 89 deg. 54 min. E 503.10 feet along the North line of F. M. No. 544, thence: N 00 deg. 06 min. W 200.00 to an iron stake found for corner, the Place of Beginning, said point being the Northwest corner of a 0.689 acre tract of land conveyed to Glenn Gary Armstrong; THENCE: N 00 deg. 06 min. W 147.55 feet to an iron stake set for corner in the Southwest line of a 100' Railroad R.O.W. THENCE: S 84 deg. 07 min. 33 sec. E 301.64 feet along the Southwest line of said 100' Railroad R.O.W. to an iron stake set for corner. THENCE: S 00 deg. 06 min. E 316.98 feet to an iron stake set for corner in the North line of F.M. No. 544. THENCE: N 89 deg. 54 min. W 150.00 feet along the North line of F.M. No. 544 to an iron stake found for corner, THENCE: N 00 deg. 06 min. W 200.00 feet to an iron stake found for corner. THENCE: N 89 deg. 59 min. W lSO.00 feet to the Place of Beginning and contain- ing l.599 acres of land. JOHN P. PENNINGTON 3.893 Acres mUNG oIl that certol,n lot, trnct or pnrcol of lnnd situnted in ColI in County, TcxnR, being out of the HOSf:<; SPARKS SURVEY ABSTRACT NO. 849, nnd bOing pnrt of " 39 nero trnct of lnnd co'nve cd to KIlthlr.cn E. WUlinmA recordcd in Volumo 562, Pogo 361, Collin YCount Deed Records nnd being moro particularly described os (ollowsl y ;o~nc~nR nt nn iron pipe found for corner in the North lino of . . o. ,')44, snld point being tho Southwest cornor of Boid 39 ncre tract; thence: N. 89 deg. 54 mJn. E. 578.60 feet and S. 89 dog. 54 min. E. 224.50 (eet along tho North line of F H N 544 to an iron stoko found (or corner, the Ploce of Beginning; . o. TIIENCE: N. 00 dog. 06 min. W. 316.98 foot to nn iron stoke found fo\ corner in the Southwest llno of a 100 foot Rnilroad ROW TI/J'.NCE: S. 84 dCR. 07 min. 33 scc. E. 594.44 (ee~ 'aion Southwest Une of soid 100 foot RaUrood ROW t i 8 the t f . , · .. 0 Dn ron .toke 80. or corner in tho conter of rock rood. TIII~NCE: S. 00 dog. 07 min 04 sec W 257 17 f t 1 . f id '.. · eo n ong center Of FRll H rNock rond to an iron stake set for corner in the North line o . . o. 544. TIIENCE: N. 89 dcg. 54 min. W. 590.24' feet along the North line of F. H. No. 544 to tho Placo of Beginning d 1 i acres includins 0.178 ecre in Rood Easoment. an conte n na 3.893