Ordinance 2015-12 ORDINANCE NO.2015-12
AN ORDINANCE ANNEXING A CERTAIN 11.055 ACRE c
TRACT OF LAND SITUATED IN THE FRANCISCO DE LA
Cxv—
PINA SURVEY, ABSTRACT NO. 688, COLLIN COUNTY,
TEXAS,RECORDED IN VOLUME 6066,PAGE 556 OF THE �=
DEED RECORDS COLLIN COUNTY, TEXAS; AND A
CERTAIN 21.05 ACRE TRACT OF LAND SITUATED IN m
THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO.
688, COLLIN COUNTY, TEXAS, RECORDED IN
DOCUMENT NUMBER 20070621000849710, OFFICIAL N
PUBLIC RECORDS OF COLLIN COUNTY TEXAS; Co
PROVIDING FOR A PENALTY FOR THE VIOLATION OF o
THIS ORDINANCE; PROVIDING FOR THE REPEAL OF
ALL ORDINANCES IN CONFLICT; PROVIDING A
SEVERABILITY CLAUSE; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the
authority of Section 43.021. Local Government Code and the City of. Wylie, Texas' (Wylie)
Home Rule Charter, investigated and determined that it would be advantageous and beneficial to
Wylie and its inhabitants to annex the below-described property(the "Property")to.Wylie; and;
WHEREAS, prior to conducting the public hearings required under Section 43.063,
Local Government Code, the City Council also investigated and determined that the Property is
within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city
limits of Wylie; and
WHEREAS,before the publication of the notice of the first public hearing regarding the
annexation of the Property, the City Council directed the appropriate persons to prepare a service
plan that provides for the extension of full municipal services to the Property to be annexed; and
WHEREAS, the City Council finds that the Service Plan (EXHIBIT "C") has been
prepared in full compliance with Section 43.056, Local Government Code, and has been made
available for public inspection and was available for explanation to the inhabitants of the
Property at the public hearings; and
WHEREAS, the City Council finds that the field notes close the boundaries of the
Property being annexed; and
WHEREAS, the City Council has conducted at least two (2) public hearings at which
persons interested in the annexation were given an opportunity to be heard regarding the
proposed annexation and the proposed service plan; and
Ordinance No.2015-12
Annexing A Certain 11.055 Acre Tract Of Land Situated In The Francisco De La Pina Survey,Abstract No.688
WHEREAS, the City Council finds that thexublic hearings were conducted on or after
the fortieth (40`h) day but before the twentieth (20 ) day before the date of institution of the
annexation proceedings; and
WHEREAS, the City Council finds it has completed the annexation process within
ninety(90) days after the City instituted the annexation proceedings; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and
publishing requirements for annexation have been performed and completed in the manner and
form set forth by law.
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 classification of Agriculture/30 (A/30) District,
said property being described in Exhibit"A" (Legal Description) attached hereto and made a part
hereof for all purposes.
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.
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.
Ordinance No.2015-12
Annexing A Certain 11.055 Acre Tract Of Land Situated In The Francisco De La Pina Survey,Abstract No.688
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 24h day of February, 2015.
Eric Hogue,May r
ATTEST:
/aroleli , City Secretary
DATE OF PUBLICATION:March 4ffi,2015,in the WCOW-A
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Ordinance No.2015-12
Annexing A Certain 11.055 Acre Tract Of Land Situated In The Francisco De La Pina Survey,Abstract No.688
EXHIBIT "A"
FIELD NOTES/LEGAL DESCRIPTION
BEING a 11.055 acre tract of land situated in the Francisco De La Pina Survey, Abstract No. 688, Collin
County,Texas, recorded in Volume 6066, Page 556 of the Deed Records Collin County,Texas, and
being more particularly described as follows:
BEGINNING at a 1/2 inch iron pipe found for comer for the Northwest corner of said 11.055 acre tract,
also being the Southwest comer of Avalon Addition Phase 2 recorded in Instrument 20060407010001370
of the Plat Records Collin County,Texas, and being in the East line of the Housewright tract recorded in
Volume 1078, Page 97 of the Deed Records Collin County,Texas;
THENCE South 88 degrees 50 minutes 56 seconds East leaving the East line of said Housewright tract
and leaving said Avalon Addition, along South the line of a 40 acre tract of land as recorded in Volume
2787, Page 248 of the Deed Records Collin County,Texas,a distance of 734.09 feet to a 5/8 inch iron
rod set with cap stamped ADAMS SURVEYING#5610 for corner, being the Northeast comer of said
11.055 acre tact and in the South line of said 40 acre tract;
THENCE South 0 degrees 32 minutes 8 seconds East leaving the South line of said 40 acre tract along
the West line of a 11.006 acre tract of land described to Beatriz Chavez recorded in Instrument
20090210000137050 of the Deed Records Collin County, Texas, and a 5.70 acre tract of land described
to Kikuchi Living Trust recorded in County Cleric File No. 95-0091053 of the Deed Records Collin County,
Texas, a distance of 653.40 feet to a 112 inch iron pipe found for comer being the Southeast corner of
said 11.055 acre tract;
THENCE North 88 degrees 33 minutes 34 seconds West, leaving the West line of said Kikuchi Living
Trust along the North line of a 21.05 acre tract of land described to William Talbert as recorded in
Instrument 20070621000849710 of the Deed Records Collin County, Texas, a distance of 743.57 feet to
a 1/2 inch iron rod found for corner in the East line of a 0.724 acre tract as described to Robert C. and
Elaine C. Schraplau recorded in Volume 5255, Page 410 of the Deed Records Collin County, Texas;
THENCE North 0 degrees 54 minutes 14 seconds West, leaving the North line of said Talbert tract and
along the East line of said 0.724 acre tract passing a 318 inch iron found at a distance of 83.67 feet for the
Northeast corner of said 0.724 acre tract and along the East line of said Housewright tract a total distance
of 649.42 feet to the POINT OF BEGINNING and containing 11.05 acres of land, more or less.
Adams Surveying Company, LLC
1475 Richardson Drive, Suite 255 OF
Richardson, Texas 75080 P�•�' 'r' FT
Office 469-317-0250
o S
PH.I� E,ADAM
610
Philip E.Adams, RPLS .•SUR��y
President
i
EXHIBIT "A"
FIELD NOTES/LEGAL DESCRIPTION
BEING a 21.05 acre tract of land situated in the Fancisco De La Pina Survey, Abstract No.688, Collin
County,Texas, recorded in Instrument number 20070621000849710, Deed Records, Collin County,
Texas,to William R.Talbert and being more particularly described as follows:
BEGINNING at a 1/2 inch iron rod found for the Northwest comer of said Talbert tract, also being the
Southwest corner of a 11.05 acre tract of land recorded in Volume 6066, Page 556 Deed Records Collin
County, Texas, to William R. Talbert, and being in the East line of a 0.724 acre tract of land recorded in
Volume 5255, Page 410, Deed Records, Collin County, Texas, to Robert C. and Elaine C. Schraplau;
THENCE South 88 degrees 33 minutes 34 seconds East leaving the East line of said Schraplau tract,
along the common North line of said 21.05 acre Talbert tractandSouth line of said 11.05 acre Talbert
tract.a distance of 743.57 feet to a 1/2 inch iron pipe found for the Northeast corner of said 21.05 acre
tract and the Southeast corner of said 11.05 acre tract, also being in the West line of a 5.70 acre tract of
land recorded in Instrument number 95-0091053 Deed Records, Collin County, Texas to Kikuchi Living
Trust;
THENCE South 0 degrees 32 minutes 8 seconds East, leaving the common North and South line and
along the-West line of said Kikuchi tract, the west line of a 5.23 acre tract recorded in Volume 5424, Page
4662 Deed Records Collin County, Texas,to Hall Odie Living Trust, the West line of a 8.96 acre tract
recorded in Instrument number 20130830001232590 Deed Records Collin County,Texas,.to Baby and
Annamma Abraham, the West line of 3.434 acre tract recorded in Volume 4875, Page 1078, Deed
Records, Collin County, Texas,to Leroy Pritchard,a distance of 1213.37 feet to a 112 inch iron rod found
for corner in the North right-of-way line of East Stone Road, also being the Southeast comer of said 21.05
acre Talbert tract and the Southwest comer of said 3.434 acre Pritchard tract;
THENCE North 89 degrees 17 minutes 23 seconds West, leaving the West line or said Pritchad tract and
along the North right-of-way line of said East Stone Road a distance of 762.45 feet to a 5/8 inch iron rod
set with.cap for corner stamped"ADAMS`SURVEYING#5610", being the Southwest.comer of said 21.05
acre Talbert tract and the Southeast corner of a 11.05 acre tract recorded in Volume 1078, Page 97,
Deed Records, Collin County, Texas, to W.W. Housewright;
THENCE North 0 degrees 21 minutes 42 seconds East, leaving the North line of said East Stone Road
and along the common line of said 11.05 acre Housewright tract and said 21.05 Talbert tract a distance of
1222.58 feet the POINT OF BEGINNING and containing 21.05 acres of land, more or less.
Adams Surveying Company, LLC
1475 Richardson Drive, Suite 255
Richardson, Texas 75080 0F aT�
Office 469-317-0250
,P .'L�E.ADA
Philip E.Adams, RPLS �f 9��5610..•r:
President
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CITY OF WYLIE,TEXAS
SERVICE.PLAN FOR ANNEXED AREA
LEWIS RANCH TRACT
ANNEXATION ORDINANCE NO.: 2015-12
DATE OF ANNEXATION ORDINANCE: February 24h , 2015
ACREAGE ANNEXED: 32.1 acres
SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract No.
688, Collin County, Texas
Municipal Services to the acreage described above shall be furnished by or on
behalf of the City of Wylie, Texas (the "City"), at the following levels and in
accordance with the following schedule:
A. POLICE SERVICE
1. Patrolling, responses to calls and other routine police services, within the
limits of existing personnel and equipment and in a manner consistent
with any of the methods of the City, extends police service to any other
area of the municipality, will be provided within sixty (60) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient police
personnel and equipment will be provided to furnish this area the
maximum level of police services consistent with the characteristics of
topography, land utilization and population density within the area as
determined by the City Council within four and one-half (4-1/2) years
from the effective date of the annexation ordinance, or upon
commencement of development within the area, whichever occurs later.
3. Upon ultimate development of the area, the same level of police services
will be provided to this area as are furnished throughout the City.
FIRE SERVICES
1. Fire protection by the present personnel and the present equipment of the
Fire Department, within the limitations of available water and distances
from existing fire stations, and in a manner consistent with any of the
methods of the City, extends fire service to any other area of the
municipality, will be provided to this area within sixty (60) days of the
effective date of the annexation ordinance.
2. As development and construction commence in this area, sufficient fire
and emergency ambulance equipment will be provided to furnish this area
the maximum level of fire services consistent with the characteristics of
topography, land utilization and population density within the area as
determined by the City Council within four and one-half (4-1/2) years
from the effective date of the annexation ordinance, or upon
commencement of development within the area,whichever occurs later.
3. Upon ultimate development of the area, the same level of fire and
emergency ambulance services will be provided to this area as are
furnished throughout the City.
C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT
SERVICES
1. Enforcement of the City's environmental health ordinances and
regulations, including but not limited to, weed and brush ordinances,
junked and abandoned vehicle ordinances and animal control ordinances,
shall be provided within this area sixty (60) days of the effective date of
the annexation ordinance. These ordinances and regulations will be
enforced through the use of existing personnel.
2. Complaints of ordinance or regulation violations within this area will be
answered and investigated within sixty (60) days of the effective date of
the annexation ordinance.
3. Inspection services, including the review of building plans, the issuance of
permits and the inspection of all buildings, plumbing, mechanical and
electrical work to ensure compliance with City codes and ordinances will
be provided within sixty (60) days of the effective date of the annexation
ordinance. Existing personnel will be used to provide these services.
4, The City's zoning, subdivision, sign and other ordinances shall be
enforced in this area beginning within sixty (60) days of the effective date
of the annexation ordinance.
5. All inspection services furnished by the City, but not mentioned above,
will be provided to this area beginning within sixty (60) days of the
effective date of the annexed ordinance.
6. As development and construction commence in this area, sufficient
personnel will be provided to furnish this area the same level of
Environmental Health and Code Enforcement Services as are furnished
throughout the City.
D. PLANNING AND ZONING SERVICES
The planning and zoning jurisdiction of the City will extend to this area
within sixty (60) days of the effective date of the annexation ordinance.
City planning will thereafter encompass this property, and it shall be
entitled to consideration for zoning in accordance with the City's
Comprehensive Zoning Ordinance and Comprehensive Plan.
E. PARK AND RECREATION SERVICES
1. Residents of this property may utilize all existing park and recreational
services, facilities and sites throughout the City, beginning within sixty
(60) days of the effective date of the annexation ordinance.
2. Additional facilities and sites to serve this property and its residents will
be acquired, developed and maintained at locations and times provided by
applicable plans for providing parks and recreation services to the City.
3. Existing parks, playgrounds, swimming pools and other recreational
facilities within this property shall, upon dedication to and acceptance by
the City, be maintained and operated by the City of Wylie, but not
otherwise.
F. SOLID WASTE COLLECTION
1. Solid waste collection shall be provided to the property in accordance with
existing City policies, beginning within sixty (60) days of the effective
date of the annexation ordinance. Residents of this property utilizing
private collection services at the time of annexation shall continue to do so
until it becomes feasible because of increased density of population to
serve the property municipally. Commercial refuse collection services
will be provided to any business located in the annexed area at the same
price as presently provided for any business customer within the City,
upon request.
2. As development and construction commence in this property and
population density increases to the property level, solid waste collection
shall be provided to this property in accordance with the current policies
of the City as to frequency, changes and so forth.
3. Solid waste collection shall begin within sixty (60) days of the effective
date of the annexation ordinance.
G. STREETS
1. The City's existing policies with regard to street maintenance, applicable
throughout the entire City, shall apply to this property beginning within
sixty (60) days of the effective date of the annexation ordinance. Unless a
street within this property has been constructed or is improved to the
City's standards and specifications, that street will not be maintained by
the City.
2. As development, improvement or construction of streets to City standards
commences within this property, the policies of the City with regard to
participation in the costs thereof, acceptance upon completion and
maintenance after completion, shall apply.
3. The same level of maintenance shall be provided to streets within this
property which have been accepted by the City as is provided to City
streets throughout the City.
4. Street lighting installed on streets improved to City standards shall be
maintained in accordance with current City policies. l
H. WATER SERVICES
1. Connection to existing City water mains for water service for domestic,
commercial and industrial use within this property will be provided in
accordance with existing City policies. Upon connection to existing
mains, water will be provided at rates established by City ordinances for
such service throughout the City.
2. As development and construction commence in this property, water mains
of the City will be extended in accordance with provisions of the
Subdivision Regulations and other applicable ordinances and regulations.
City participation in the costs of these extensions shall be in accordance
with the applicable City ordinances and regulations. Such extensions will
be commenced within two (2) years from the effective date of_the
annexation ordinance and substantially completed with four and one-half
(4 1/2)years after that date.
3. Water mains installed or improved to City standards which are within the
annexed area and are within dedicated easements shall be maintained by
the City of Wylie beginning within sixty (60) days of the effective date of
the annexation ordinance.
4. Private water lines within this property shall be maintained by their
owners in accordance with existing policies applicable throughout the
City.
I. SANITARY SEWER SERVICES
1. Connections to existing City sanitary sewer mains for sanitary sewage
service in this area will be provided in accordance with existing City
policies. Upon connection, sanitary sewage service will be provided at
rates established by City ordinances for such service throughout the City.
2. Sanitary sewage mains and/or lift stations installed or improved to City
standards, located in dedicated easements, and which are within the
annexed area and are connected to City mains will be maintained by the
City of Wylie beginning within sixty (60) days of the effective date of the
annexation ordinance.
3. As development and construction commence in this area, sanitary sewer
mains of the City will be extended in accordance with provisions of the
Subdivision Regulations and other applicable City ordinances and
regulations. Such extensions will be commenced within two (2) years
from the effective date of the annexation ordinance and substantially
completed within four and one-half(4 1/2) years after that date.
J. MISCELLANEOUS
1. Any facility or building located within the annexed area and utilized by
the City in providing services to the area will be maintained by the City
commencing upon the date of use or within sixty(60) days of the effective
date of the annexation ordinance,whichever occurs later.
2. General municipal administrative services of the City shall be available to
the annexed area beginning within sixty (60) days of the effective date of
the annexation ordinance.
3. Notwithstanding, anything set forth above, this Service Plan does not
require all municipal services be provided as set forth above if different
characteristics of topography, land use and population density are
considered a sufficient basis for providing different levels of service.
4. The Service Plan is valid for ten (10) years from the effective date of this
Ordinance.
After Recording Return To:
City of Wylie
Attn: Stephanie Storm
300 Country Club Rd.#100
Wylie,TX 75098
Filed and Recorded
Official Public Records
Stacey Kemp, County Clerk
Collin County. TEXAS
09/16/2016 03:59:28 PM
$66.00 CJAMAL
20160916001241560
r �C&S. The-if arlite rsbil1e 2runrs Nlurphy Monitor - The Princeton l-Jerald 7X S.iJ1,,N(, - THE WYLIE NEWS
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of C & S Media, dba The Wylie News, a newspaper regularly published in
Collin County, Texas and having general circulation in Collin County, Texas, who being
by me duly sworn, deposed and says that the foregoing attached:
City of Wylie
Ordinance No. 2015-12
was published in said newspaper on the following dates, to-wit:
March 4,2015
1
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the /2day of , 2015
to certify which witness my hand and seal of office.
Notary Public in f r
v540c Sonia A. Duggan The State of Texas
Commission Expires
�.OF 09-02-2016 ,l
My commission expires
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"OL(CI'1 L4"�
Orctfaanoe No.
2015-12
An Ordinance annex-
ing a certain 11.055
acre tract of land situ-
ated in the Francisco
De La Pina survey,
abstract no. 688, Col-
lin County, Texas,
recorded in volume
6066, page 556 of the
deed records Collin
County, Texas; and a
certain 21.05 acre tract
of land situated in the
Francisco De La Pina
survey, abstract . no.
688, Collin County,
Texas, recorded in
document number
200706210008-49710,
official public records
of 'Collin County
Texas; providing for a
penalty for the viola-
tion of this ordinance;
providing for the re-
peal of all ordinances
in conflict;providing a
severability clause;and
providing for an effec-
tive elate.
43-1t-69-339