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Ordinance 1983-28 II I / ORDINANCE NO. Y.3 -;{ f" \~ 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 CLASSIFICATION 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 DOLLARS ($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 zoriing changes under the zonini'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 Melvin St. John 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: SF-2 / RUSH CREEK PHASE II Said property being described as follows: A tract of land being a part of a 55.7 acre tract out of the Francisco De La Pina Survey, Abstract No. 688, situated in the City of Wylie, Collin County, Texas, and being particularly described as follows: . BEGINNING at an iron rod found at the most Southerly Southeast corner of Rush Creek Estates, an addition to the City of Wylie, Texas as recorded in Volume C, Page 494, of the Map Records of Colli'n County, Texas; THENCE, along the. Easterly boundary of Rush Creek Estates as follows: Notth 17005'4411 East, 207.87 feet to a point on a curve to the right haying a tangent bearing of North 72054'1611 West: THENCE, Northwesterly along said curve to the right having a central angle of 32055'1111, a radius of 193.94 feet and a tangent of 57.30 feet, an arc distance of 111. 43 feet; THENCE, North 50000'55" East, 190.0 feet to the beginning of a curye to the right; THENCE, Northeasterly along said curve to the right having a central angle of 29037'0311, a radius of 286.94 feet and a tangent of 75.86 feet, an arc distance of 148.33 feet; THENCE, North 10022102~ West, 180.0 feet to a point on a curve to the right having a tangent bearing of North 79037'5811 East; THENCE, Northeasterly along said curve to the right having a central angle of 0029'03", a radius of 466.94 feet and a tangent of 1.97 feet, an arc distance of 3.95 feet; ORDINANCE Cont. d THENCE, North 80007'0111 East, 59.83 feet; THENCE, North 9052~5911 West, 345.0 feet to the most Northe~ly Northeast corner of Rush Creek Estates; THENCE, North 89005'53" East, 756.61 feet; THENCE, South 2033'2311 West, 261.27 feet; THENCE, North 87026137" West, 20.16 feet; THENCE, South 2033'2311 West, 255.0 feet; THENCE, South 87026137" East, 40.31 feet; THENCE, South 2033123" West, 365.0 feet; THENCE, North 87026137" West, 5.0 feet; THENCE South 2033123" West, 145.0 feet; THENCE, North 87026137" West, 945.87 feet to the PLACE OF BEGINNING, and contain- ing 18.4696 acres of land, more or less. ORDINANCE NO. CONT'd. Page 2 SECTION 2. That all ordinances of the City in conflict with the provlslons 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 1 n full force and effect. SECTION 3. That the above described property shall be used only in the liUilild dJld for the purposes provided for in the Comprehensive Zoning Ordinance u; (I, City as amended herein by the granting of this zoning classification. 'TLlJOf'J 4. That should any paragraph, sentence, subdivision, clause, 1'1" ,,:, ,lI :,('ction of this ordinance be adjudged or held to be unconstitutional, i j I, ,:.1 ul'i ilva 1 i d, the same shall not affect the val i di ty of this ordinance 2:: u "'loll:' or any part or provision thereof other than the part so decided to be i/lvalid, 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 hereto- fore amended, and upon conviction shall be punished by fine not to exceed the sum of two hundred dollars ($200.00) for each offense, 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 develop- ment 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 and publication of its caption, as the law in such cases provides. DULY PASSED by the City Council of the City of Wylie, Texas, this 22nd day of August , 1983. ATTEST: APPROVED AS TO FORM: ~rTORNEY FOR THE CITY