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Ordinance 1988-39 2 9 7 3 867 70026 ORDINANCE MO. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING THE HEREINAFTER DESCRIBED TERRITORY TO THE CITY OF WYLIE, TEXAS, AND EXTENDING THE BOUNDARY LIMITS OF SAID CITY SO AS TO INCLUDE SAID HEREINAFTER DESCRIBED PROPERTY WITHIN SAID CITY LIMITS AND GRANTING TO ALL INHABIT ANTS AND OWNERS OF PROPERTY ALL OF THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS AND BINDING INHABITANTS BY ALL THE ACTS, ORDINANCES AND REGULATIONS OF SAID CITY; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS. after development and presentation of a service plan for said territory and after holding public hearings required under the provisions of Chapter 43 of the Local Government Code of the State of Texas; and, WHEREAS. the following described territory is land adjoining the present City limits of the City of Wylie, and the members of the City Council of the City of Wylie have concluded that said area should be annexed and made a part of the City of Wylie, Texas; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1- That the following described territory be, and the same is hereby, annexed to the City of Wylie, Texas, and the boundary limits of the City of Wylie be, and the same are hereby, extended to include the following described territory within the City limits, and the same hereafter shall be included within the territorial limits of said City, and the inhabitants thereof hereafter shall be entitled to all rights and privileges of other citizens of the City and shall be bound by all the acts, ordinances and regulations of said City. That the territory annexed hereby is more particularly described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That it is not the intention of the City of Wylie to annex any territory not legally subject to being annexed by said City, and should any portion of the territory not be subject to legal annexation of the City of Wylie, such fact will not prevent the City from annexing said territory which is described in Exhibit "A" and is subject to legal annexation, it being the intention of the City of Wylie to annex only such territory as may be legally annexed by it within the limits of such area. Z973 868 SECTION 3. That the approved Service Plan is attached hereto as Exhibit "B" and is approved as a part hereof. SECTION 4. This ordinance shall take effect immediately from and after its passage as the law in such cases provides. DU71 PASSED by the City Council of the City of Wylie, Texas, on the /if )/ day of / /1 ~t1lJ~jt ,1988. ..;,.; ;\i',,""- ~-1pPRrED Ai; [~~~: ( I' ~J~/~~L1/<.i' ~~;\ [\'L~~~ CITY ATTORNEY ~-< MAYOR ATTEST: E/1/lJ/1f fJ- 7 9 7 3 869 I. c~ 0.'10s0. SOIVIl. AaS1IAC~ 2t7, ?IACTS . AMO ._, Ct'.t2 ~ces - 9lC~1~1. rOoce Jnd C~t~.c1n. rrey) All tb4t <:ectal:1 Loc, t:i<:t OC p..rcel .Jt ~.Jnd, SlelJated 111 Coltl:1 CO'.Jnty, l'~...)s, lbo\Jt Jne 1I.:e S ,'j 1e'1. ." fr.). t:1e 1'o"oot ily:u!, (t Oe~1q j p.act of the !.i:. O.a".dson Survey, ~Dst. '0. ~fi7, -ind ie3cco@d by ae':es Jnd bCNnds )S follows: a~~lnnloq at a polnt l~ t:1e alddle of plk~ co.ad feo. Wylie to Garl.and where 1t 1S t.1tecse<:t~ by a c.).ad leadl~q West. beltlq the it: COC:lec of Geo. Rogecs tract; (sa1d p(>lnt belnq the S! cocner ~f s.atd E. C. DaVIdson Sucvey); Thence ~orth 1 deg E ~It~ ~lddle of pIked cOdd, 1432 feet to cocner In eo.ad, at toy ~el:on's Sf corner; Thence West 1287 feet, ~:~h ~eIlon's S ~11e, to 3 st~ke foe cocnec on Smlt~wlchs e ll1e; thence Sout:" the !DIddle 0f tr~ct; ~lt~ S~lt1W:chs ll~e, :482 f~et to 1 st3ke l~ land ind 0n t~e ~ lIne of the Geo. Rogecs Thence East, with la:le, 1181 feet to the place of beginning, containing 40 5/8 acres of land. COUNTY CLERK'S MEMO PORTIONS OF THIS DOCUMENT NOT REPRODUCIBLE WHEN RECORDED E. C. OAV:OSON ~L~\~. ABSTRACT 267, TRACT 9 (~elvio St. John) BEING situated in the E. C. DAVIDSON SURVEY, ABSTRACT NO. 267, Collin County, Texas. and being a part of a 55 acre tract, and part also of a 10 , liS acre tract as described in Deed from 8. N. Cayler, et ux, to L. ~. !aylor et aI, dated December IS. 1952, recorded in Volume 453. ?age 331 of the Deed lecords of Collin County, !~xas desc~tbed as fol:ows: COHHE~CI~G at a scake set as the West t. O. W. of Old HiAhway Jo. lS. on the ~orth line of Lottie Stone 40 , 5/8 .c~e tract as described in deed filed in Volume 281, Page 465 and beinf on the South line of Taylor 19.5 acre tract as described in Vo ume 449. P~ge 465 of the Deed Records of Collin County, Texa.. thence West with the North line of said Stone tract and the South line of said 19.5 acre tract and being the South line of West~ind Meadows. an addition to the City of Wylie. Collin County. Texas, as filed at the County Clerk', Office of Collin County. Texas. 1186.80 feet to .cake for corner. said point being the Southwest corner of said We.evind Meadow. Addi- tion. thence South 0 deg. 40 min. East with th~ fence line and West line of Lottie Stone trace and East line of 55 acr. tract, 961.61 feet to scake and Place of Be,innins. THEMe! Soutb 0 de.. 40 ain. East witb said Ea.t line of Lotti. Stone tract 525.00 feet to tron .tak. for corner, .aid poine .et in center of .xi.tin, roa~1. THENCE Soutb al de~. 30 a1n. W.St witb Wortb l1ne of H. L. Douala. Survey. Ab.tract .0. 292 and ebe lortb line of I. D. .~n trace CAb.tract 660) '54.00 f.et Co irOD .take tor corner. TBEICI Borth 0 de_. 90 ain. W..e parallel w1th the la.t line of .a1d 55 acr. tract 525.00 f.et to iron .take let for coraer. 11mICI Iorell .. de,. 30 Ida_la.t ,aral1.1 vitia ebe SoUQ liD. of aai. " eft. C'l'ace 1S4." tHe i. '1... .f ..,i_~. .. coacaia- .... 10.2 .... ., 141M. _n ... 1.... ' 2973 870 f:".x~/b, 'f-- ' /I- I. c. OAV1DSO. SOIVl'. Aas~IAC~ l67. ?AC~ ), (14.4' Acres. ~r.u St. Joba) "1 ~. t r ~ct of l.ad loc~t-.:i ?et~s off Old ~.q~".ay 10. 78, ]..C Wylie, ColllO COQnty ~nd b.l~q Oqt of th... C. J.a'l~dson Sue'I@1.\OstC-lct -to. 21);, ':Od1:'1 COlJnt1, l'eJ.JS,lo.J be~'q a p.art of ) 55 jCt'@ :rJct )nd p.jet jtso ~f It. 19 )ct'~ trlct as descClO@d i:1 Oee.j fC.Ja 8. J. Gdylee et"u, ':0 Co. 1. t'Jyloe et ~l, dated Oecellber 15, 1~52, eecocied 111 I/ol.,m 463, Paqe 331 of t~e Oeed ilecocds of CoLlin COlJnty, r@tas, ~nd ~lso J l~.S ~cre teact described 1n Oeed feo. ~. O. t'earce, to 8.aroaca S. t'3yl'H, d.ated ApelL 1, 1~S2, recorjed In Volume 449, Page 465 of t~e Oeed Records of Coli In County, Texas, and beinq -ore p.actlcularly described as fOlltJws: Commencing at a stake set ln t~e .est R.O.W. of Old Highway ~o. 78, on t~e ~oeth 111e ~f tattle Stone 4a S/8 acre tc~ct ~s jescrlbe<i In jeed flied in VO~'.1me 281, page 465 and bel:lg 00 t~e Sout~ line ~f said !ay:oe la.S acre tcact; fhence West With the ~oeth 11:le of said Stone teact and t~e Sout~ line of said 19.3 acee teact and being theSout~ line of West.lnd ~edcws, an additIon to the CIty of Wylie, Collin County, Texas, as flIed at the jCounty Clerks office of Collin County, Texas 1186.80 feet to Place of Beginning, said beginning point being the South~est corner of said Westwlnd Meadows Addition: r~ence ~orth 0 degrees 39 ~i~utes a9 seconds West with the .est line of said West.11d ~eadc.s 759.44 feet to stake for cor:ler; rhence North 89 degeees l~ ml:lutes Mest wit~ the ~orth line of sa:d L9.5 acre tract lnd 1j 1,8 3cre tract l~28.54 feet to stake foe corner; rhence South 4 degrees 43 mInutes West with fence line and West line of said l' 1/8 acre tract 414.79 feet to iron stake for corner; Thence South 89 degrees 34 ~inutes West with fence and Moeth lIne of s.aid 3S acre tract 227.46 feet to take for coener; Thence South i de~rees 39 alnutes East with fence line and West lIne of sald S5 acre tract 1173.26 feet to stake In fence foe corner; thence South i degrees 44 minutes East with fence and ~est line of s.aid 5S acre tract 695.72 feet to iron stake set for cocner; Thence North 88 degrees 3. minutes last with terrance and South line of said 5S acre tract 448.28 feet to iron stake for corner; Thence North 8 degrees 48 secondes West with West line of approlimate1y 1'.2 acre tract as reserved by Melvin H. Oelaney et ux, 525." feet to stake for Corner; Thence Noeth 88 degrees 3. minutes East with Noeth line of said 1'.2 acre tract 854." feet to iron stake for corner; Tbence lortb . degrees 4. .inutes West with fence line and West line of Lottie Stone tract and last line of S5 acre tract, 961.61 feet to 'lace of 8eginoiDg and cont.iniog 54.59 .cre. of land, aore or less. SAYS DO axcl.'! lIe.twind Me~ows I I and ".twind Meadows IJI - 4'.11 Acr.. 1..v..-. B.t of 14.41 Acr... a. recorded iD Volwa. 1515 page 4'8eed. of a.cord. 1. ColliD COUDtJ. 'eza.. /!)(A~~;;f 8 7 ~ .. ". oooc;l..U sa.9ft, Ya'!I'- ~", ...- -.. .. .~.. 1 ('latta, ty.I) . ... - ',. :at, t:z'acot QI' puaU of ~ ~.~ 18 ~Jli Q - - ~J..as SUr-~, Abst:"'ic!: f~2, and "-4 _ . · ~ · 1\.. -. GUt ~ tt-. Ib... 7 r.. :on '~l~ nJ, itaqe 2CJl. ind beinrJ;;'~ put of,' 17..... -=n tract: _ ~dI.d · !elAs: ~ 11: <l V2- i.zt:n md~4Y ~ br ~ and ~ :.an. ~ '~ a t.'1e 5aIt:.~ ~t.ed 14 the anter of ~ 30 t'cct ~lic dis~ o~ 413.59 !eet .v1d Sc:ut.h ~?f:. ~&.4" acre bean Sout.'l 89451' ~ . Sout.~ ~ 00 Wes1: <l distana! of 361 62 teet t..ance of 7J8.20 teet; 'tm2a ~ 884 J.c' Wes1: a di.stance of JsI 79 tID a 1124 Utm ft)d tar' . ax~-=a.; ~ ~rt.~ 1.00' East <l distanca of 359.85 t:::: toto a 1~. 1ral rod &z . (lOQ-=r;; 'DIDI:Z ~ t.ed In the center of said 30 foot & .,. ircm n:xf b' ~ OOC-=r the center of said JO !cot pQblic "lane~; '1mX2 South 19-sa' F.ast ~th aa;n~ AK> ~~ 3.0 acres of la1d. of 358.83 teet to the PLICI (Z H. L. DOUGLAS seRVET, ABSTRACT 292 . . ~ , rRA~T 8 (~aCY1~ Blakey) ~EC:::f~::'fC at . 1/2 tnc~ tron rod located to the center ~f a 30 ft ubl1c ~;ne .rOll ~hence I:he SoUC~U3t corner of ,aid 27.644 acre tract be.;,j)South jeg. ~ sa ~1n. Ea3t a 413tance of 200 feet aod South 1 :1ea. '''est . ~1 t . of 738.~O (eet; s ance TIlE.'4CE South 1 deg. ~est . distance of 313.84 teet to / (or corner: I 1 2 inch iron rod !HE~CE ~ol'th 88 deg. 34 ailJ. ~est . distance of 213.56 feet to a Hon rod for corner: 1/2 inch THENCE !forth 1 deg 00 un east vith h ea a dhtance of 368 62 ( t' / test Une of . 3.00 acre tract in center of . 30 f't ebe, 1. t~ · 1 2 inch iron rod for corner beina located . ;'U 4 C ..ane: nfE.'fCE South 89 deg. 58 aia. !ast vi th tn f diatance of 213.59 feet :0 tbe PUCE OF Bft;~m:l~cter 0 said ~qbl1c lane I of land. ' A and containin, 1.82 acres ,'nd aho ieinl a ;>art of . 6.82 acres described IS Tract ~ 4 . g::~ ::Co~}s4neeoY lDeliveleoopeent CoT rporaUOG, recorded iD Vol';' oil48,in p:::r:~;, ~ · D QAt1, eza.. ' & H. L. DOUGLAS SURVEY, ABSTRACT 292, TRACT 9 (Sammy Sh.arp) SITUATED in Collin County, Texas out of the HENRY L. DOUGLAS SURVEY, ABSTRACl' .292 and beL"1<j a part of a 27.644 acre tract as recorded in Volume 773, ?aqe 291 and being !BOre particularly described by metes and bounds as follows: BEGINNING at a 1/2 inch iron rod located in the center of a 30 foot public lane from whence the Sou~~east corner of said 27.644 acre tract bears South 89.'de9rees 58 min. Zast a distance of 772.42 feet and South 1 de9ree West a distance of 738.20 feet: THENCE South 1 deg. West a distance of 359.85 feet to a 1/2 inch rod for corne r; THENCE North 88 deg 34' West a distance of 252.34 feet to a 1/2 inch iron rod for corner, said corner being located in the East line of a 30 foot road easement; T.HENCE North 9 deg. ." East a distance of 122." feet to a 1/2 inch iron rod for corner, said corner beinCJ located in the center of said 30 foo~ road easement;" TBEHCE Nort.h 1 de9. 44' last wit}) the center of saie! 30 foot road ease.nt a distance of 232.62 feet to a 1/2 inch iroD roeS for corner, said corner being located in the center of a 30 foot public lanel ftDICB South ., cSe9. 5" last with tbe center of .a14 public lane a 41atance of 231." fe.t to the PI.ACI or IEGIlmDG MD COlI'l'ADDlG 2.0 acr.. of lu4. Z9-73 E~I;/J/I-' If I) 7 .., o L ~. L. )oUG~S SL~VEY, ABSTRACT ~O. 292, rRACT 5 \~:vin Delaney) All that tract of land situated in Collin County, Texas, being a part of a 27.644 acre tract out of the Henry L. Douqlas Survey, Abstract No. 292 and the William Sutton Survey, Abstract No. 980, conveyed to W.W. gouse~ri9ht by John O. HOQston by war- ranty deed duly recorded in Volume 77), Paqe 291, of the Deed Records of Collin County, Texas, aad acre fully described as follows: 9EGIYN!NG at the NW corner of the said 27.644 acre tract in the center of a 30' wide lane, the same beinq the Northwest corner of the Henry L. Oouqlas Survey; 'I · THENCE South 1. 46' West along the West line of the 27.644 acre tract a distance of 150.00' to corner; .~HENCE South 89. S8' East a distance of 700.00' to corner; THENCE North 1. 46' East a distance of lSO.OO' to corner in the North line of the 27.644 acre tract in the North line of the . Henry L. Douglas Survey; THENCE North 89. 58' West along the North line of the 27.644 acre tract and North line of Henry L. Oouqlas Survey a distance of 700.00' to the place of beginning and containing a total of 2. 4094 acr.. of land. [(\h ,'b/1 fr ? 9 7 3 873 -....;:::- .-. .. - -.. .. ' ,/ ~i L . -" ' J: ~ -.::- / -- -j I .-J ~ 1.973 874 IX"" fiB" UUXATIOI SBaVIC& PUll Within sixty (60) days after the effective date of the annexation of the area described herein, the City of Wylie will provide the following services to the extent they are applicable in such area, to wit: 1. Police protection; 2. Fire protection; 3. Solid waste collection; 4. ~aintenance of water and wastewater facilities which become the respoffiibility of the City of Wylie; S. ~aintenance of public roads and streets, including public road and street light ing; 6. Maintenance of public perks, playgrounds, and SWimming pools for which the City of Wylie becomes responsible by law; 7 . ~aintenance of any other publicly owned facility. building or serVIce for which the City, as a matter of law, becomes responsible by virtue of such annexation; and 8. On the efCective date of the annexation, all areas annexed by this ordinance shall become subject to all the codes and ordinances of the City of Wylie, including the Comprehensive Zoning Ordinance, the Uniform Building Code. and all other Codes relative to eonstruction. electrical appurtenances, plumbing a.nd mechanical appurtenances, nuisance ordinances, and so forth. Upon the effective date of the annexation, any residents of the property annexed by this ordinance shall be entitled to the use of all City facilities on an equal basis with any other resident of the City of Wylie. The City of Wylie provides potable water serVIce to many residents within the City limits. In certain areas, the residents of the City may be served by previously existing water supply corporatioffi or other retail suppliers of water. The City of Wylie operates its own sewage treatment facility and is currently in the process of expanding it. The City is divided into several large lift station districts to provide for the transport of sewage to the treatment plant. The property covered by this annexation 'Ol ~. 2973 875 will be in one ot the lift station districts. Whether ar not ~.ef' service is available to the property annexed by this ordinanee may Oe determ ined by the residents ~ntaetinc the Publie Works Department of the City. To eonnect to either water 01 sewer service, when it is available, will require the payment of fees and costs a.ssoeiated with the kX'ovision of the service as well as impact fees and lift station fees as lDay be required by applicable ordinances at the time such service is requested. The City of Wylie does not currently have any plan to acquire ex construct any capital im provements to provide such services in the area being annexed by this ordinance. Acquisition or construction of capital facilities may be accomplished by purchase. lease, or other contract or by the City succeeding to the powers, duties, assets, and obligations of a private supplier as authorized or required by law. If, as and when funds become available through the sale of bond; or otherwise to provide such services to areas of the City which are similar to the area of annexation in terms of topography, land use, and population density, the area being annexed by this ordinance shall be considered for the extension of such services on an equal basis with current areas of the City. Upon completion of the public hearings, this Service Plan shall be attached to the annexation ordinance and approved as a part of that ordinance unless revised or amended during the public hearing process. Upon approval of the annexation and this Service Plan, it becomes a contractual obligation that is not subject to amendment or repeal unless the City Council determines at a public hearing that changed conditions or subsequent occurrences make the Service Plan unworkable or obsolete. This Service Plan shall be valid for ten (10) years from the effective date of this annexation, and its renewal shall be at the discretion of the City Council at the end of such term. r. ~ ~ i-< ,l__ .".,,) .l r-...,":