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Ordinance 1994-12 ORDINANCE NO. tlf - /J. AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, DISANNEXING APPROXIMATELY 31 TOTAL ACRES LYING IN COLLIN AND DALLAS COUNTIES AND LOCATED IN THE GUADALUPE DE LOS SANTOS SURVEY, ABSTRACT NO. 1364 (DALLAS COUNTY) AND ABSTRACT NO. 1100 (COLLIN COUNTY) AND ALSO LOCATED IN THE WILLIAM SUTTON SURVEY, ABSTRACT NO. 1275, IN COLLIN COUNTY, TEXAS, GENERALLY LOCATED AT 6210 AND 6304 PLEASANT VALLEY 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 March, 1986, by virtue of Ordinance No 86- 29, 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 eight 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 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 corporate limits of the City of Wylie, and the City's boundaries are contracted accordingly. SECTION II I ~ ~ IIJJIl "qI ~11' ~~ \J lal \:J lal ~II ~. l1f1 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 Of provision thereof, other than the part or parts as 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. 86-29 and the territory annexed thereby shall be unaffected by the provisions hereof except as to the subject property herein described. DUL Y PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 12th day of April, 1994. ,,' ".""., "f t....~~l .. ,. ....~ 0 F ," '., I ",,~ "" ......... i, )_ -, . ; /~'...*.... .......<,.,. :: " " \" g : \ : .. . ,,1.- . . : :,/\ : ~ ~ \ r~~\ / g ~;. .... ,,::: :.... ;;:.. .... ..... ~ ",,:l f .', J I ........ . ,...-" .."~' ~'/r i~~ ~ ~ ',.. ~..,., , Att:~S1f:.~.:/ ItlMj 'fd~ Mary Nicho 7 City Secretary L 6E X H I BIT A' All that certain lot, tract, or parcel of land lying and being situated in the Dallas and Collin Counties, in the State of Texas, to wit: Being a part of a 83.7 acre tract out of the Guadalupe De Los Santos survey, Abstract No. 1364 in Dallas County and Abstract No. 1100 in Collin County, Texas, conveyed to Beatrice Burch by R.C. Stone and wife, Dora Ann Stone, by deed recorded in Volume 878, Page 463, Collin County and Volume 2175, Page 160 Dallas County Deed Records, said tract more fully described as follows: BEGINNING at the most Northerly comer of the said 83.7 acre tract in the center of Pleasant Valley Road; THENCE S 45042' W along fence and the Southwest line of the 83.7 acre tract a distance of 945.50 feet to comer, the same being the county line between Collin and Dallas Counties; THENCE S 71044' E a distance of 1,048.95 feet to corner; THENCE N 45042' E a distance of 458.16 feet to comer in center of Pleasant Valley Road and NW line of the 83.7 acre tract, the same being also line between Collin and Dallas Counties, Texas and the NW line of said Survey, a distance of 931.00 feet to the PLACE OF THE BEGINNING and containing a total of 15.00 acres of land. AND' , Situated in Collin County, Texas and being about 2 miles south of town of Wylie and being out of the William Sutton Survey, Abstract No. 1275 and a part of a 59 acre tract located in Collin and Dallas County, Texas deeded to Carl P.K. Nall and wife, by Elzie A. Smith as recorded in Vol. 5108, page 314, Deed Records, Dallas County, Texas; and recorded in Vol SS7, Page 93, Deed Records of Collin County, Texas and being more particularly descn'bed as follows: BEGINNING at a point in the Southwest line of said William Sutton survey, and the center of o Pleasant Valley Road said point North 44 03' West a distance of 373.51 feet from the most westerly corner of a 10 acres tract conveyed by Carl P. NaD et ux Thomas A. Collins and wife, by Deed dated April 2S~ 1964; THENCE North 44. 03' West with said Southwest line of WiDiam Sutton Survey a distance of. 223.50 feet to a point for comer in said Pleasant Valley Road; THENCE North 4S 0 ST East a distance of 842.41 feet to a point for comer'; THENCE North 86029'09. East a distance of 344.86 feet to. point for COIoer; 3 THENCE South 45"57' West a distance of 1,104.12 feet to the place of beginning. A total of 5.035 acres, more or less. .. BEGINNING at a point in the Southwest line of said William Sutton Survey and the center of Pleasant Valley Road, said point being 385.81 feet S 44"03' E from the most southerly comer of a 19 acre tract conveyed by Carl P. Nall et ux to George W. Pendergrass et al by deed dated March 7, 1962; THENCE N 45"57' E, 451.39 feet to a point for comer in the south line of said George W. Pendergrass tract; THENCE N 86029'09- E along the south line of George W. Pendergrass tract a distance of 514.49 feet to a point for comer; THENCE S 45"51' W, 842.41 feet to a point for corner in the Southwest line of said William Sutton survey and the center of Pleasant Valley Road; THENCE N 44" 03' W along the southwest line of said survey and center of Pleasant Valley Road a distance of 334.39 feet to the place of beginning and containing 4.965 acres of land, more or less. AND BEING all that certain lot, tract, or parcel of land situated in Collin County, Texas being out of the William Sutton Survey Abstract No. 1275, and being a part of a 9.00 acre tract of land conveyed to William B. Johnson, et ux recorded in Volume 710, Page 648 of the Deed Records of Collin County, Texas, and being more particularly described as fonows: COMMENCING at a point in the center of Pleasant Valley Road, said point being the West comer of said Johnson 9.00 acre tract, said point also being N 44"03' W 373.51 feet from the most Westerly corner of the Thomas A. Collins 10 acre tract recorded by deed dated April 28, 1964; " THENCE N 45 57' E 400.00 feet to the Place of Beginning; THENCE N 45" 57' E 704.12 feet along fence line to an iron stake for corner; THENCE N 86"29'09- E 354.08 feet along fence line to an iron stake for comer; " THENCE N 79 23'36.- E 100.45 feet along fence line to an iron stake for couler; THENCE S 22"12' E 55.13 feet along fence line to an iron stake for comer; THENCE S 48"28' W 915.38 feet along fence line to an iron stake for' comer; 2 'f- THENCE N 66025.21- W 320.59 feet to the Place of Begjnning and containing 6.00 acres of land. ~ (being the one and the same property as that incorporated into the City of Wylie by virtue of Ordinance No. 86-29, passed on the 25th day of March, 1986:. and recorded in the Collin County Land records office in Volume 2349 at Pages 909-914) herein collectively referred to as the SUBJECf TRACfS:. 5 , v~Nnsonun ' - - 'B i: a, s ANN DII I r I~~/ ItENNE01'DH-I , I N, ~ ~ ~ Y~ ~ = DEVONSNtRE I a I a q CAIUE Cf a er m. ~ WYNDNAM.... , ~ 3 ~ I I GA1fWAY PtN RFGRET DR ~i11Y lN ' ~ I , ' ~ SNEPP~P~ ~ I I NICKCI Vll l f l N n qpSflC IR MNi ~ N ~ I ~ Z ~ Ol0 KNOL~ i~NNA Dp ,L ~ I WPIIOWNST R ~ RIISIICItI r I Sp~~q o 3412 > I f pq ' y; f.. o , ~ r--- , ~ P~ Q ~~~~~wN s~ I_ C.R. 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