Ordinance 2014-06 •
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ORDINANCE NO. 2014-06
AN ORDINANCE ANNEXING A CERTAIN 62.744 ACRE
TRACT OF LAND SITUATED IN THE GUADALUPE DE
LOS SANTOS SURVEY, ABSTRACT NO. 1100, COLLINn
COUNTY, TEXAS, AND ABSTRACT NO. 1389, DALLAS
COUNTY, TEXAS, DESCRIBED IN DEED TO WYLIE DPV
LIMITED PARTNERSHIP AS RECORDED IN DOCUMENT
NUMBER 201300334380, OFFICIAL PUBLIC RECORDS OF
DALLAS COUNTY TEXAS; PROVIDING FOR A
PENALTY FOR THE VIOLATION OF THIS ORDINANCE;
PROVIDING FOR THE REPEAL OF ALL ORDINANCES
IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; o
AND PROVIDING FOR AN EFFECTIVE DATE.
j
a
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.2014-06—Annexation—32.744 Acres—Guadalupe de los Santos Survey
Page 1 of 3
WHEREAS, the City Council finds that the public hearings were conducted on or after
the fortieth (40th) day but before the twentieth (20th) 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.
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
Ordinance No.2014-06—Annexation—32.744 Acres—Guadalupe de los Santos Survey
Page 2 of 3
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 25th day of February,2014.
/ %-e
Eric Hogue,Mayo
ATTEST:
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Carole Ehrlich, Ci Secretary �' (`rc� `fir ° 41.
00 fir ` ( :\,
DDATE OFPUBLICATION:March 5,2014 in the WyliE `_ � '."LFA COLORADO
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Ordinance No.2014-06—Annexation—32.744 Acres—Guadalupe de los Santos Survey
Page 3 of 3
1
EXHIBIT, "A"
LEGAL DESCRIPTION
BEING a parcel of land located in the City of Wylie,Collin and Dallas County,Texas,a part of
the Guadalupe De Los Santos Survey,Abstract Number 1100 in Collin County and Abstract
Number 1384 in Dallas County,Texas,and being all of that called 62.744 acre parcel of land
described in deed to Wylie DPV Limited Partnership as recorded in Document Number
201300334380, Official Public Records of Dallas County Texas,and being further described as
follows:
BEGINNING at a one-half inch iron rod found at the east corner of said 62.744 acre tract, said
point being the south corner of a called 3.27 acre tract of land described in deed to Dan Edward
Staring,as recorded in Volume 86235,Page 2669, Official Public Records of Dallas County
Texas,said point also being in the northwest right-of-way line of Pleasant Valley Road(a
variable width right-of-way);
THENCE South 44 degrees 40 minutes 56 seconds West, 1884.95 feet along the northwest right-
of-way line of Pleasant Valley Road to a one-half inch iron rod found at the south corner of said
62.744 acre tract;
THENCE North 45 degrees 51 minutes 04 seconds West, 1553.63 feet to a one-half inch iron rod
found at the west corner of said 62.744 acre tract;
THENCE North 44 degrees 45 minutes 16 seconds East, 1436.87 feet to a three-eighths inch iron
rod found at the north corner of said 62.744 acre tract,said point being the west corner of a tract
of land described in deed to Michael and Dawn Strong,as recorded in Volume 4512,Page 2110,
Official Public Records of Collin County Texas;
THENCE along the northeast line of said 62.744 acre tract as follows:
South 72 degrees 50 minutes 34 seconds East, 1006.69 feet to a one-half inch iron rod
found in the southwest line of a tract of land described in deed to Texas Pride Properties, LLC,as
recorded in Document Number 20100331000303340, Official Public Records of Collin County
Texas,said point also being the west corner of a tract of land described in deed to Janice K.
Trice,as recorded in Document Number 201100124375, Official Public Records of Collin
County Texas;
South 45 degrees 05 minutes 00 seconds East,659.02 feet to the POINT OF
BEGINNING co Mining 2,733,109 square feet or 62.744 acres of land.
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Dan.B. Ramse, c.P.L.S.No.4172
November 1 '013 "`"'a" ;
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_ DOC.NO.201300334381 / \ \y�r p . BEING a parcel of land located In the My of Mg,COIN and Ddlae County,Teas.a part of
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O.P.R.D.C.T. \ \ r� a¢ the Qwdolupe De Loa Santos Survey.Abstract Number 1100 In Grille County end Abstract
-_ '_��� /^{ oo.. r.arm 2 4, Number 1384 k Dallas Countyy,Texas,and bele 0 f that called Bt744 acre parol of land
\^s4 .•"0i - 2 doec+laad b deed to?Age DPV Limited Partn0 a r eeded In Document Number
` -�� -'_ ( '/7' \2 \ arw e,,, l 1a15003343BQ Official Publ.Records of Was County Tosca,and beteg further described as es
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Aga BESNNWO at a one-hof ndl Iron roe lane al the ocsl CRner of bald e2]44 ave frxl vola a
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a'"�°a% / `�_" q cr Q a�9'�vW I �� a E t being Na 0S 10 comer of a Idled 1.25,acro tract of IoM deecrbcd k deed to Don
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WYLIE OPV UNITED PARTNERSHIP 'QQ.eea 2 \
(CALLED 68080 ACRES) //.' °' � 2,733,108 SQUARE FEET - II ....UPS PRIM�Pla,es.ua 1
GOC.N0.201100334379 �/. 11.02 82.744 ACRES
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car OFFlGAL PUBLIC RECORDS OF GOWN COUNTY TEXAS de@le bopravementa an Ne Property. �� City Of Wylie, C011in County, and NOVEMBER .g•
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EXHIBIT"C"
CITY OF WYLIE,TEXAS
SERVICE PLAN FOR ANNEXED AREA
DOMINION OF PLEASANT VALLEY TRACT
ANNEXATION ORDINANCE NO.: 2014-06
DATE OF ANNEXATION ORDINANCE: February 25,2014
ACREAGE ANNEXED: 62.744 acres
SURVEY, ABSTRACT & COUNTY: Guadalupe De Los Santos Survey,
Abstract No. 1100, Collin County, and Abstract No. 1389, Dallas 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 andEXHIB
populatioIT"C"n 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.
EXHIBIT"C"
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.
EXHIBIT"C"
4. Street lighting installed on streets improved to City standards shall be
maintained in accordance with current City policies.
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.
EXHIBIT"C"
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 sufficientbasis for providing different levels of service.
4. The Service Plan is validfor 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
John F. Warren, County Clerk
Dallas County, TEXAS
03/07/2017 09:53:52 AM
$62.00
a'+ '
ip a 1 q
N
Qr
201700064928
/`Fl-le and-Records
Official Public Records
Stacey Kemp, County Clerk
Collin County, TEXAS
10/14/2016 01:38:21 PM
$62.00 SCAPELA
20161014001394220
C&S:�br �umerSUille Climes Murphti Monitor •The Princeton Herald �'1R �'y {'� HE�PYLIE NEWS
�' v'C [ j/ E 1
L FINMAR 19 2014
A E'
STATE OF TEXAS
COUNTY OF COLLIN
Before me, the undersigned authority, on this day personally appeared Chad Engbrock,
publisher of 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:have
City of Wylie
Ordinance 2014 -06
was published in said newspaper on the following dates, to -wit:
March 5, 2014
Chad Engbrock, Publisher
Subscribed and sworn before me on this, the day of _ V , 2014
to certify which witness my hand and seal of office.
Sonia A. Duggan
Commission Expires
09 -02 -2016
Notary Public in
The State of Texas
My commission expires 4
hlurpfi Sau hsc�1� ylie Office • 1 10 N. Ballard • P.O Ros 369 • Wylic.1 X 71098 • 972 -412 -551 S • !a\ 97'- 442 4318
F:armer,ville- Princeton Office • 101 S. plain • P.O. Rue 512 • ParmM:Sai11c, IA 75412 • 972- 784 -031x, • faK 972 -782 -',033
March 5-6,2014
ORDINANCE NO.
2014 -06
AN ORDINANCE
ANNEXING A CER-
TAIN 62.744 ACRE
TRACT OF LAND
SITUATED IN THE
GUADALUPE DE
LOS SANTOS SUR-
VEY, ABSTRACT
NO. 1100, COLLIN
COUNTY, TEXAS,
AND ABSTRACT
NO. 1389, DALLAS
COUNTY, TEXAS,
DESCRIBED IN
DEED TO WY
LIE DPV LIMITED
PARTNERSHIP AS
RECORDED IN
DW- UMENT NUM -
BER 201300334380,
OFFICIAL PUBLIC
RECORDS OF DAL- .
LAS COUNTY TEX-
AS; PROVIDING
FOR 'A PENALTY
FOP, THE VIOLA-
TION OF THIS OR-
DINANCE; PRO -
VIbING FOR THE
REVEAL OF ALL
ORDINANCES IN
CONFLICT; PRO-
VIDING A SEVER -
ABII,ITY CLAUSE;
AND . . PROVID-
ING FOR AN EF-
FECTIVE DATE.
43 -1t -44 -339
Y s.
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