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Ordinance 2012-17ORDINANCE NO. 2012-17 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY, ZONING CASE NUMBER 2012 -06, FROM AGRICULTURAL -30 (AG -30) TO SINGLE FAMILY -20/26 DETACHED DISTRICT (SF- 20/26) TO ALLOW THREE SINGLE FAMILY RESIDENTIAL LOTS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION l: 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 classification of Single Family -20/26 Detached District (SF- 20/26), said property being described in Exhibit "A" (Legal Description), and Exhibit "B" (Zoning Exhibit/Preliminary Plat), attached hereto and made a part hereof for all purposes. It 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2: That all- ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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: Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, commits an unlawful act and shall be subject to the general penalty provisions of Section 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. Ordinance No. 2012 -17 ZC2012 -06 Blakey SECTION 5: Should any paragraph, sentence, subdivision, clause, phrase or section of this ordinance be adjudged or held to be unconstitutional, illegal or invalid, the same shall not affect the validity of this ordinance as a whole or any part or provision thereof, other than the part so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6: This ordinance shall be in full force and effect from and after its adoption by the City Council and publication of its caption as the law and the City Charter provide in such cases. SECTION 7: The repeal of any ordinance, or parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 22 day of May, 2012. V��' �� - - Eric Hogue, a o ATTEST: Carole Ehrlich4rity Secretary DATE OF PUBLICATION: May 30, 2012, in the Wylie News 1. Ordinance No. 2012 -17 ZC2012 -06 Blakey 0 F ��rE OF TE '� 3. Legal Descrliption of land: EXHIBIT "All Being a 2.88 acre tract of land situated in the Henry L. Douglas 100 acre Survey, Abstract No. 292, Collin - County, Texas, being a portion of that certain tract of land described in deed to Tim Tye and wife, Karen Tye, as recorded in Volume 1230, Page 749, Deed Records of Collin County, and being more particularly described by metes and bounds as follows: BEGINNING at a found 112 -inch iron rod at the southeast corner of said Tye tract, being the southwest corner of Lot 1, Block A, of Blakey Addition No. 1, as recorded in Instrument No. 20060427010001650, Map Records of Collin County, said iron rod being on the north line of that certain tract of land described in deed to Bennie Blakey and James Blakey, as recorded in Instrument No. 94- 0024429, said Deed Records; THENCE North 88° 34'00" West, a distance of 358.79 feet along the common line of said Tye and Blakey tracts to a set Y' in concrete at the common south corner of said Tye tract and that certain tract of land described in deed to Silvia Resendiz, as recorded in Instrument No. 20061212001747160, said Deed Records; THENCE North 01 e 00'00" 00 East, a distance of 344.85 feet along the common line of said Tye and Resendiz tracts to a set 1/2-inch iron rod at the northeast corner of said Resendiz tract, said iron rod being an the south line of Alanis Street; THENCE South 89° 58' 00" East (basis of bearing from aforesaid deed 12301749, a distance of 358.83 feet along said south line to a set 1/2 -inch iron rod at the northwest corner of aforesaid Lot 1, said iron rod being on the east line of said Tye tract; THENCE South 01 ° 00' 00" West, a distance of 353.62 feet along the common line of said Tye tract and said Lot 1 to the POINT OF BEGINNING and containing 125,299 square feet or 2.88 acres of land. 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