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Ordinance 1983-30 51166 ORDINANCE NO. f 3 -..3 0 ,eL 1743'<526 AN ORDINANCE FOR ANNEXATION: TO ANNEX TO THE CITY OF WYLIE, COLLIN COUNTY, TEXAS, A TRACT OF LAND OF THE Francisco de la Pina SURVEY, ABSTRACT NO. 688 UPON PETITI ON OF C. T. Beckham WHEREAS, C.T. Beckham has filed a written petition to annex to the City of Wylie, Collin County, Texas, the tract of land hereinafter described, which said tract of land less than three (3) qualified voters reside, all of which said facts the City Council hereby finds to be true and correct; and WHEREAS, such petition has been heard and considered by the City Council, and it been decided that such annexation of such tract of land would be to the best in- terest of the public and of the said City of Wylie, Texas, and that such petition for annexation should be, and the same is now granted; now therefore, BE IT ORDAINED BY THE CITY COUNCIL OF WYLIE, TEXAS: That the following described tract of land, described by notes and bounds as fa 11 ows, to-wi t: A tract of land of the 109.6 acres out of the Francisco de la Pina Survey, Abstract No. 688 situated in Collin County, Texas, and being more particularly described as foll ows: BEGINNING, at the southwest corner of the 109.6 acre tract which is also the centerline of Old Hwy. 78 and the extension of the East right-of-way line of Eubanks Lane; THENCE, N 00 20' E, 1130.02 feet to an iron stake for a corner; THENCE, N 890 561 E, 1427.84 feet to an iron stake for a point; _THENCE, S 890 58' E, 147.80 feet to an iron stake for a corner; THENCE, N 00 03' W, 1006.94 feet to an iron stake for a corner which is the South- Right-of-way line of the State Highway 78; THENCE, East, 1229.12 feet along the south Right-of-way line of State Hwy 78 to an iron stake for a corner which is in the west Right-of-way line of Kreymer Lane; THENCE, South along the west Right-of-way line of Kreymer Lane, being a curve to the left with a radius of 480 feet and a length of 272.07 feet to an iron stake for a point; THENCE, South along the West ri'ght-of-way line of Kreymer Lane being a curve to the right with a radius of 420 feet and a length o~ 237.45 feet to an iron stake for a point; THENCE, S 00 05' E, 1738.28 feet along the west line of Kreymer Lane to a point which is on the centerline of Old Highway 78 for a corner; THENCE, N 890 37' W, 2953.74 feet along the centerline of Old Highway 78 to the PLACE OF BEGINNING and containg 109.6 acres of land, more or less. ORDINANCE NO. CONTID 'JUL 1143 (:','L 521, PAGE 2 be received, annexed to, and made part of - and the same is hereby received, annexed to, and made part of - the City of Wylie, Collin County, Texas, subject to all laws, rules and regulations of said City. The fact that such annexation of said tract of land will be to the best interest of the public and the City of Wylie, and, because planned improvements upon said lands create an emergency, a necessity exists requiri'ng that this ordinance be passed and adopted on first reading. This Ordinance shall be in force and effect from and after its passage and approval by the Mayor of Wylie. PASSED AND :.'AP~ROVED THIS THE ~ ' . ".' J"',' "_. '1-' 22nd , 1983 ": f -t.. 0 ~. , +", ... ". . r-. ' v t : > ; c; : ~T1 , . . .,' ::,:- " ,~ \. . .:r ~. ':. ATTEST: s CI' .... ,... -< "' rc z co --..... ~ ~. (J.J ~ ('"';~ , c:.> (/) r-~_ _. 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';;r ;'. jJ; 1'35' 1-1'6 DEED RESTRICTIONS 23990 THE STATE OF TEXAS I KNOW ALL MEN BY THESE PRESENTS COUNTY OF COLLIN I THAT, MYRAN CORPORATION, being the owner of all of the single family detached lots known and described as WYNDHAM ESTATES, PHASE II an Addition to the city of Wylie, Collin County, Texas, according to the map or plat thereof filed for record in Volume at Page , of the Map Records of Collin County, Texas, does hereby restrict said property as hereinafter set out, which restrictions shall be binding upon all of the owners or purchasers of the lots in said Addition, his or their heirs, executors, administrators or assigns, as follows, to-wit: These covenants are to run with the land and shall be bindinq upon all parties and all persons claiming under them until Hardt 15, 2016 ,at which time said covenants shall automatically be extended for successive periods of ten years, or changed in whole or in part by a vote of a majority of the then owners of the lots. If the parties hereto, or any of them or their heirs or assigns, shall violate any of the covenants herein, it shall be lawful for any other person or persons who own real property situated in said development or subdivision to prosecute any proceedings at law or in equity against the person or persons violating or attemping to violate any such covenants or covenant, and to either prevent him or them from so doing, or to recover damages or other dues for such violations. Invalidation of anyone of these covenants by judgment or court order shall in no wise affect any of the other provisions contained herein, but the same shall remain in full force and effect. A. All tracts in the subdivision shall be known and described as residential lots. No structure shall be erected, placed, altered or pgrmitted to remain on any residential building plot other than detached single family dwellings. Structures may be brick, stone or frame, not to exceed two stories in height, and a private garage for not more than two cars and outbuildings may be of brick, stone or frame, and said premises shall be used for private dwelling purposes only. B. No b~ilding shall be erected, placed, or altered on any building tract in the subdivision until the plans, specifications and plot plan showing the location of such building have been approved in writing as to the conformity and harmony of external design with existing buildings in the subdivision, and as to the location of the building with respect to topography and finished ground elevation by the Architectural Control Committee. B-1. Architectural Control Commi tte~ is composed of C. T. Beckham, B:1T0n Cflok, Frederick E. Roach, Dan Lavetts and Clayton Sanders. A majority of the committee may appoint a representative to act for it, and in the event of death or resignation of any member, the remaining members may appoint a successor. Members of the Committee shall serve without compensation. In the event said Architectural Control Committee fails to approve or disapprove such design and location within thirty (30) days after plans and specifications have been submitted to them or in the event no suit to enjoin the erection of such building or the making of such alterations has been commenced prior to the completion thereof, such approval will not be required and this covenant shall be deemed to have been fully complied with. The Architectural Control Committee shall not be entitled to any compensation for services performed pursuant to this C0venant. The powers and duties of the owner or developer of such subdi~ision or its designated representative shall cease on or after Harch 15, 20~ Thereafter, the approval described in this covenant shall not " il 'j ] I 235' 711 be required unless, prior to that date and effective thereon, a written instrument shall be executed and duly recorded by the then owners of a majority of the tract in this subdivision, appointing a representative or representatives who shall thereafter exercise the same powers previously exercised by said Committee. C. No building shall be located on any lot nearer to the front line than 15 feet, nor nearer to any interior lot line than four feet. C-I. On any corner lot where driveway entrances are from the side street, the garage shall be set back 10 feet from the side street property line. This provision shall apply to all garages and carports whether attached to the main house, built-in or detached. C-2. No signs of any kind shall be displayed to public view on any lot except one professional sign of not more than five (5) feet advertising the property for sale or rent, and signs used by the builder during the construction and sales period. C-3. No animals, livestock, poultry of any kind shall be raised, bred or kept on any lot except dogs, cats or household pets may be kept, provided that they are not bred, maintained or kept for commercial purposes. C-4. No lot shall be kept or maintained as a dumping ground for rubbish. Trash, garbages or other waste shall be kept only in sanitary containers. tent D. No trailer, basement,/shack, garage, barn or other outbuilding shall be at any time usad as a residence, temporarily or permanently, nor shall any structure of a temporary character be used as a residence. E. No noxious or offensive trade or activity shall be carried on qpon any tract, nor shall anything be done thereon which may be or become an annoyance to the neighborhood. F . The total floor area of the main structure of any building, exclusive of porches and garages, shall be not less than 1,100 square feet. G. No gas meter shall be set nearer the street than the front or side dwe~ling unless the meters are of any underground type. G-I. Garbage cans shall be stored at the rear of the house except on days of garbage collection. H. to the street fences which may be built six (6) feet No fence shall be built from the front of the dwelling on which the dwelling faces, save and except ornamental are architecturalIy integral with the structures, a fence from the dwelling to the rear or the lot, not to exceed in heigh t. I. The exterior walls of all dwellings, exclusive of garages, gables and areas under porches, shall be built of not less than 70 % masonry, brick or stone veneer on ground floor, unless otherwise approved by the Architectural Control Committee. J. No garage, servants house, garage house, or outbuildings shall be occupied by the owner, tenant or anyone prior to the erection of the main dwelling. K. No fence, wall, hedge or shrub planting which obstruct3 the 3J.ght line at elevations between two (2) and six (6) feet above roadways shall be placed or permitted to remain on any corner lot within the triangular area formed by the street property lines and a line connecting them at points twenty (20) feet from the intersection of the street lines, or in case of a rounded property corner, from the ffl ~ ~ . . . "S~ 7.. ,. intersection of the street property lines extended. No tree shall be permitted to remain within such distances of such intersection unless the foliage is maintained at sufficient height to prevent obstruction of such sight lines. Protective screening-planting or fencing shall be maintained by the owner or owners of their respective lot and at their expense for the protection of residential areas. No building or structures, except screening or draining facilities shall be permitted to remain in such areas. L. It is further agreed and stipulated that upon breach of any of the foregoing conditions and covenants within thirty (30) years from the date hereon, it shall be understood that it does not affect any mortgage or other lien which is in good faith, that may be existing at the time upon said property or any improvements thereon. M. The developer, Myran Corporation , reserves the right, so long as it is the owner of any residential lot in the sub- division, to amend, revise, or abolish anyone or more of the fore- going restrictions, and to revise the plat of such sub-division by instrument duly executed and acknowledged by the developer in the Deed Records of Collin County, Texas. EXECUTED this ~~ day of .:w....v#( , 19 8(1 . MYRAN CORl'ORATION ~2ll<71 ~:L Vice President THE STATE OF TEXAS X X COUNTY OF DALLAS X BEFORE ME, the undersigned, a Notary Public in and for said County and State, on this day personally appeared D. Baron Cook , Vice President of Myran Corporation, , knO\vn to me to be the person whose name is subscribed to the foregoing instrument, and acknowledged to me that he executed the same for the purposes and consideration therein expressed, as the act and deed of said corporation, and in the capacity therein stated. GIVEN UNDER MY HAND AND SEAL OF OFFICE this 22nd day of January , 19 86. } STACEY I. lAKE ...,......".. "iY_ -~ ,.....IJ, 1lU1!' . ,'1 ! , ,~ (' ,J.., .,.'. FfL ICr~ - ,"; ~ /!J86I1PR 28 II" ~ 44 /fELCIt sr"Rlir" r . Ci1l.Lliti:ob~1!iJtf: tr CCt.JR, 'A ""'.,) 8"__ ---._--~ ,TPUry . "... ;'..~ " '" ;':'". ~:~::~ '. >'::lIV -'C:'~ '. "3m"" ',r:-r,,' )~ _, I4PR ,'? - 1.986 4~~ ,'I OV'~ " ',r--::':;J" C)~~?;~ ~.;v(a.i,: ~J/ \(\ ''-,,', ~,' c C"".'''!'" ;/"J "",'1'/'" Cc"ntv ~e-:~..~ "' . ....-...". -'''--- ,n, "'''' u ....I ,__ (!~ if }J /rL ADEXATl:OB uua~.tICAfiOlf DATA PORK OFnCB OF TJIB SECRETARY 01' STATE In order that the Secretary ot State may correctly certify the legal validity ot annexations to the United States Department of Commerce, this form must be completed tor each separate annexation action. 1. Name of City: ~,~ Type of Municipality: A: -----Home Rule Cit~~. /!tIj-- B: General Law City (under Title 28) 2. Annexation was accomplished by: / ?3 -30 Ordinance (Attach copy of Ordinance) Ordinance Number Charter Amendment (Please attach copy of authenticated charter amendment which shows its approval by voters.) Other (Please explain.) 3. If Home Rule city, does chart~ specify how annexation is to be accomplished? YES ~NO ***IF YES, PLEASE ATTACH COPY OF ALL RELEVANT PROVISIONS*** 4. Was annexation initiated upon petitio~ owner(s) or majority of registered voters in area annexed? ~ YES NO If yes, please answer the following B. When did the governing bo y and against the petition? c. Did le~an three area? ~- YES /Y'J3 , A. When was the petition filed with in the annexed vqalul 'U~r' published 10 to 20 days Oates published B. Were two ublic hearings held 20 to 40 d~ prior to the institution ot annexation proceedings? ~- YES NO ~. ~ ~ o?~ /Pf3 c. Did more than 20 a ult residents of the annexed area file a written protest with the city secretary within 10 to 20 days after notice of the public hearings was published? ~O Oates of hearings YES If yes, was at least one public hearing held in the annexed area? YES NO DATE: O. Was the service plan available for inspection at the hearings? YES ~ E. Date annexation proceedings reading of ordinance) F . Effective date of this anne 0-;:; . ~ q /p r- .3 Was the service plan attache~o and adopted as part of the ordinance? YES ~ NO e.g., first 6. A. Total area of this annexation ,/~~ ~ ?j-V B. Total corporate area of municipality as of January 1 of calendar year in w~ch this annexation becomes effective. ~, y Z/ &--1 hJ t.$b C. Total area annexed in the calendar year in which this annexation became effective (including this annexation) O. If the number in sub-item C is more than 10% of the number stated in sub-item B, please complete the following: 1. Of the total area annexed in the calendar year in which this annexation became effective, state the total area, if any, a. which is owned by the city, county, state or federal government and is used for a public purpose Acres or square miles (identify which) Owned by which government entity b. which was annexed at the request ot ..jority at resident voters at territory and/or owner(s) at the land involved Acres or square ailes (identity which) 2. For that calendar year, was lIUl1icipality authorized to annex more than 10' at its total area (as ot the first of the calender year in which this annexation became effective) due to carry-over ot previous years' unused annexation allocations? YES NO If yes, state year(s) in which carry-over allocations originated and amount of area carried over 7. Is the width of th~wly annexed area 500 feet or more at its narrowest point? ~ YES NO If no, answer the following questions: A. Was annexation initiated upon the written petition of the owner(s) or by a majority of the registered voters of the annexed area? YES NO B. Was a mutually agreeable boundary adjustment made with an adjacent city? YES NO If yes, name of the adjacent city (Please attach evidence of agreement with the city.) c. Were the previous city limits contiguous with the annexed area on at least two sides? 8. Does newly annexed area include any limits or extraterritorial jurisdiction ~O territory within the city of another city? YES If yes, explain the procedures begun and their status If yes, and if the annexation became effective between 1/1/85 and 3/15/85, was the annexation undertaken at the request of landowners in the annexed area in order to obtain water or sewer services? YES NO 9. Had residents in annexed territory begun any procedures tor municipal incorporation ot all or part of the area annexed? ~ YES If yes, explain the procedures begun and their status 10. If annexing city is a General Law city, did majority of the registered voters of theyEtserritory annNL't~e JX/Jed. s l}ignAifY ~eir approval of the annexation? ?W. ~ci/ If yes, in what manner? Pet1tion; ____ Ballot; ____ Other 11. Is this annexation a limited purp~, rather than a general purpose annexation? YES ~ NO If yes, what was the limited purpose of this annexation? 12. Was a valid written agreement in effect on the effective date of this annexation between the city and the owners of land in a designated industrial district Whi~ exempted the area from annexation? YES /' NO 13. Was annexation acc~lished by charter amendment? YES ~ NO If yes, attach duplicate of the authenticated copy of the amendment, showing its approval by voters, which was sent to the Secretary of State. 14. Was the annexed area previously disannexed from the city as a result of the city's fai~to provide municipal services to the area? YES --L- NO If yes, what was the effective date of the disannexation? 15. Please answer the following questions, as applicable, if the city annexed into the Gulf of Mexico: A. For General Law cities: How far beyond the coastline did this annexation extend? (in feet) B. For Home Rule cities: Was the annexation within the applicable area specified in section 11.0131 (b), National Resources Code, as amended? YES NO 16. If the annexation proceedings were begin on or after Auqust 26, 1985, did the annexation cause an area to be entirely surrounded by the city without including the area within the corporate liaits ot the city? YES NO If yes, please attach a copy of the findings .ade by the governing body of the city that the surrounding area vas in the public interest. 17. Did the city annex a water or sewer district, as de#!ned in section 50.001(1) of the Water Code? YES ~ NO If yes, please answer the following questions: A. Was the annexed area only within the ETJ of the annexing city? YES NO If yes, did the city annex the entire portion of the district that was outside the city's boundaries? YES NO B. Did the governing body of the district consent to the annexation? YES NO C. Did the fee simple owners of the annexed area consent to the annexation? YES NO D. Is the width of the annexed area 525 feet or less at its widest point? YES NO 18. A. population of annexing city according to last preceding Federal decennial census .... '1, c::: & l) Source of data to this annexa- B. Populati tion C. Estimated population of area annexed ~ /J} A/J I!. OFFICIAL AHREXATION I, ~(V'?> ~./.J t/ ( of the city of , certify that the information ided herein and attached hereto is complete and correct. I furt r certify, to the best of my knowledge, that the annexation described herein was accomplished in accordance with all applicable laws of the State of Texas. ,