Loading...
Ordinance 1994-11 ORDINANCE NO. tit/-II AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING LOTS 197, 198, 199,200, AND 206 OF THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 840 PAUL WILSON ROAD; AND CONTRACTING THE CORPORATE BOUNDARIES OF THE CITY OF WYLIE ACCORDINGLY, REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, on the request of the then owner of the property the City annexed the property hereinafter described on or about the 25th day of September, 1984, by virtue of Ordinance No 84-58, which was duly passed and adopted on said date; and, WHEREAS, the subject property has remained in the city from and after its annexation thereto, but the City has failed to provide municipal sewer services to the subject property in the nine and one half years following its annexation and such property continues to be without such service as of this date; and, WHEREAS, the owners of the subject property have filed a valid petition with the City Secretary requesting disannexation of the subject property from the City on the basis of the City's having failed to provide the services as aforesaid; and, WHEREAS, whereas all requisites relative to consideration and granting of such request appear to have been complied with by the owners, specifically including without limitation publication of notice of such petition on the subject property and in the official City Newspaper, all as required by Section 43.141 of the Texas Local Government Code (LGC);and, NOW, THEREFORE, BE IT ORDAINED BY THE GOVERNING BODY OF THE CITY OF WYLIE, TEXAS, as follows: SECTION I That the subject property as described and designated on the detailed description and plat map attached hereto as Exhibits A and B, respectively, and fully incorporated herein by reference, should be and the same hereby is disannexed from the cOTp9rate limits of the City of Wylie, and the City's boundaries are contracted accordingly. SECTION II Should any paragraph, sentence, sub-division, 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 or parts as I '1"1, u)~ I' l\. lft 0\. ~ ,~) o ~ , I ~~ declared to be invalid, illegal, or unconstitutional. SECTION III 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 IV That all other ordinances and code provisions in conflict herewith are hereby repealed to the extent of any such conflict or consistency, the above referenced Ordinance No. 84-58 and the territory annexed thereby shall be unaffected by the provisions hereof except as to the subject property herein described. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of April, 1994. OF J'" ,,-{ ............' r<' . ..... .... ..... "\, .. c:.. ;' ". . " tAm . : " : ~ ~ " ~ ~ . ~ \ /.". itv ~.w~ni :.... .,-;- .;I...~.~~~ "', l. IF "{ to .,' '.I:,! t.. ., ""'"'' ",. ~ Jl I~" ~ 'E X H I BIT A' That certain lot, tract or parcel of land situated in Collin County, Texas, being out of the Francisco de la Pina Survey, Abstract No. 688 and being part of a 46.539 acre tract of land conveyed to Don Massoud recorded in Volume 1378, page 800 Collin County Deed Records and being more particularly described as follows: TRACT 1: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner ofa 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County, Texas Deed Records, THENCE N 0027' W 1,236.65 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00027' W 150.62 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89018'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00027' E 147.49 feet to an iron stake set for corner. THENCE: S 89018'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land TRACT 2: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County Deed Records, THENCE N 0027' W 1,387.17 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00027' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89018'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00 0 27' E 149.00 feet to an iron stake set for corner. THENCE: S 89018'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land TRACT 3: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest corner of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County Deed Records, ~ THENCE N 0027' W 1,536.17 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Comer for the place of beginning; THENCE: N 00027' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89018'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00027' E 149.00 feet to an iron stake set for corner. THENCE: S 89018'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land said tracts 1,2,and 3 being the same property conveyed to Robert Frederick Raber by virtue of Warranty Deed recorded in Volume 1918 page 836-40 of the Collin County Deed Records TRACT 4: Being all that certain lot, tract or parcel of land situated in Collin County, Texas, being out of the Francisco de la Pina Survey, Abstract No. 688 and being part of a 46.539 acre tract of land conveyed to Don Massoud recorded in Volume 1378, page 800 Collin County Deed Records and being more particularly described as follows: Commencing at an iron stake found for corner in the west line of said Francisco de la Pina Survey, Abstract No. 688, said point being in the intersection of two County Roads, said point also being the Southwest comer of a 47.751 acre tract conveyed to Arwood H. Stowe recorded in Volume 797, Page 704, Collin County Deed Records, thence N 00027' W 1,685.27 feet along center of County road and the West line of said Francisco de la Pina survey to an iron stake set for Corner for the place of beginning; THENCE: N 00027' W 149.00 feet along the center of County Road with the West line of said survey to an iron stake set for a corner. THENCE: N 89018'28" E 584.70 feet to an iron stake set for corner. THENCE: S 00027' E 149.00 feet to an iron stake set for corner. THENCE: S 89018'28" W 584.70 feet to the place of beginning and containing 2.00 acres of land the said tract 4 being the same property conveyed to Robert Frederick Raber by virtue of Warranty Deed recorded in Volume 1918 page 841-43 of the Collin County Deed Records 2 f '" Ex V\'\ I.,',-\- ~ 'I <::~ /(" I' t' ::- >- " (. :- .' v ; F l~ " : ~ ;; .!.y~:?~:~. . ,.~~~~~'" '~ !.)L.1~ ,~ ... - r ~ :'"',.::,; ~:'~1t~~.!;~:::1~if.~::.:~i~~~ '. l~ L r~ I, 1-' j ,., t': .' '" I" ,.... .. I .... r- , 'J ':; : ~ ~ ~, ,. - ., > ...; n So / t,. r r.J r -:: rv () '').. r. t :> ~ ~ c;. 0 '1 ~ o /!: ~ ,",,\ ~,., L " s