Loading...
Ordinance 1995-06 ORDINANCE NO. ��3 '�P AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING A 66 ACRE TRACT OF LAND CONTIGUOUS TO THE CITY OF WYLIE, TEXAS; FINDING THAT ALL NECESSARY AND REQUIRED LEGAL CONDITIONS HAVE BEEN SATISFIED; PROVIDING THAT SUCH AREA SHALL BECOME A PART OF THE CITY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND AS MAY BE HEREINAFTER ADOPTED; REPEALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Council of the City of Wylie, Texas (City), pursuant to authority given by Municipal Annexation Act (the Act) as contained in the Texas Local Government Code (LGC) the Home Rule Charter of the City, has heretofore initiated annexation proceedings to annex territory lying adjacent and contiguous to the City, including the property hereinafter described (the Subject Property); and, WHEREAS, the City is a duly constituted Home Rule City pursuant to Tex. Rev. Civ. Stat. Ann. art. 1165 et seq., as amended; and, WHEREAS, the subject property has been petitioned for annexation into the City of Wylie by the Wylie Independent School District under §43.028 Texas Local Government Code which provides authority for annexation of sparsely populated or unpopulated areas; and, WHEREAS, the subject property lies within the Extra Territorial Jurisdiction of the City, is contiguous with the present boundaries of the City, and when taken together with all other property annexed in this calendar year does not exceed more than 10% of the incorporated area of the City as of January 1, 1995; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS, that: SECTION I. All of the above premises are found to be true and correct and are incorporated into the body of this Ordinance as if copied in their entirety. SECTION 2. The following specific findings are hereby made: A. All actions and conditions necessary and requisite to annexation of the subject property have been fully and timely taken and complied with; B. The subject property satisfies all requirements and conditions for annexation under the Act; 1 C. The subject property is legally eligible for annexation into the City; SECTION 3. The property described on the attached Exhibit "A" hereto, is hereby annexed and brought within the corporate limits of the City of Wylie, Collin County, Texas. SECTION 4. The service plan submitted in accordance with the Act is hereby approved as part of this Ordinance, made a part hereof and attached hereto as Exhibit "B". SECTION 5. The owners and inhabitants of the area herein annexed be entitled to all of the rights and privileges of other citizens and property owners of said City and are hereby bound by all acts, ordinances and all other legal action now in full force and effect and all those which may be hereafter adopted. SECTION 6. The official map and boundaries of the City, heretofore adopted and amended be and is hereby amended so as to include the aforementioned territory as part of the City. SECTION 7. The Mayor is hereby directed and authorized to perform or cause to be perFormed all acts necessary to correct the official map of the City to add the territory hereby annexed as required by law. SECTION 8. The City Secretary is hereby directed and authorized to file a certified copy of this Ordinance in the Office of the County Clerk of Collin County, Texas. SECTION 9. 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 declared to be invalid, illegal, or unconstitutional. SECTION 10. 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 11. All other ordinances and code provisions in conflict herewith are hereby repealed to the e�ent of any such conflict or inconsistency and all other provisions of the Wylie City Code not in conflict herewith shall remain in full force and effect. SECTION 12. The repeal of any ordinance, of parts thereof, by the enactment of this Ordinance, shall not be construed as abandoning any action now pending under or by virtue of such ordinance; nor shall it have the effect of discontinuing, abating, modifying or altering any penalty accruing or to accrue, nor as effecting any rights of the municipality under any section or provisions of any ordinances at the time of passage of this ordinance. 2 DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 11th day of April, 1995. t �f r� , %'''/ . � �/' / � �' i�� �V �/ v mes D. Swartz j� ayor ATTEST: t Mary Nichol City Secretary 3 ORDINANCE 95-6 EXHIBIT "A" 33.8982 Acres BEING a 33.8982 Acre Troct of land situated in Wy(ie, Collin County, Texas, in the I. Clifton Survey, Abstract No. 193, and �� being a port of that trQCt described in the General Warranty �eed _ found in Clerk No. 93-0090257, Deed Records, Collin Caunty, Texas, conveyed to Kim B. Housewrigf�� from wiey Housewright, and being more particulorly described os follows: BEGENNING at a 5/8" Iron Rcd Set for corner in the south line of the J.W. Curtis Survey, Abstract No. ?96, and the north line of the I. Clifton Survey, Abstroct No. 193, and the easterly tine of a 150 foot Texos Power ond Light Right—of—Way described in the Warranty Deed �n volume 57%, Page 335, Deed Records, Coilin County, Texas; THENCE S 89'OS'19" E, along said r,orth survey iine, o distance of 89�3.61 feet to c S/8" Iron Rod Set for corner in said Survey �Line, sa�d comer olso being in the west line o` a trac� of land conveyed to Ida Scholz and Cec��ia b"Jood as found �r Volume 3367 P��e 230, Deed Records, Coilin Gourty, Texcs; THENCE S 3'S7'�7" W, depart�ng sc;c survey line, a�ong sa�d west I;ne, o distance of 1031.87 feet to a 5/8" ;ron Rod Set for corner; THEr�CE N 89'05'19" W a distance of 1743.98 feet tc o 5/8" Iron Rod Set fo� corner in *he west ��ne of said �. Cl�f,on Survey and the east line of the L.K. Pegues Survey, Abstroct No. 703; THENCE Pi 0'S9'04" E along said survey line, a d�stance of 256.17 feet to a 5/8" (ron Rod Set fo� corner �n the easterly line of snid Texas Power end Light Rignt—of—Way; THENCE N 50'12'00" E, along said eest line, a distance of 1187.04 feet to the POINT OF BEGINNING and containing 1,476,606 squore feet, or 33.8982 Acres of land, more or iess. BEING a 17.7755 Acre tract of Iand in Wy1ie, Cotlin County, Texos, in the J.W. Curtis Survey, Abstroct No. 196, and being port of that tract of lond conveyed to B.C. Wood from Clarinda Mathews in a ORDINANCE 95-6 Warranty Deed fourd �n Volume 418, Page 131, Deed Records, Coliin ^ County, Texas, and being more particularly described as foHows: EXHIBIT "A" 17.7755 Acres BEGINNING ot a 5/8'� Iron Rod Set for corner in the east line of the .K. Pegues Survey, Abstract No. 703,at the southwest corner of said J.W. C�rtis Survey and the northwest Comer of the I. Cliftcn Survey, Abstroct No. 193, sa�d corner aiso being in the east line of 16.83 Acre troct of iona conveyed ;0 B.C. Wood; THENCE N C'59'04" E along the survey line between said J.W. Curtis Survey and said L.K. Pegues Survey, passing at o distance of ' a.12 feet, a 5/8" Iron Rod Set at the beginning of curve to the ripht in the cen;erl�ne of the proposed extension of Stote Highwoy 1378 (110' R.O.W.) ond continuing along said survey line a total distonce of 350.31 feet to 0 5/8" �ron Rod Set at the intersection of said survey i�ne and the west i�ne of the proposed extension of State Highway '3?8 (110� R.O.W.), said proposed line being in o curve to the riyht having o centrol angle of 6'26'32", an outer rodius of 1055.00 'eet, a tangent of 59.37 feet and a chord bearing N 22'47'20 E, a d�stance of 118.56 feet; THENCE along sa�d curve to the right o distance of 118.62 feet to 0 5/8�� Iron RoC Set for corner at the end of soid curve; rHENCE N 26'OQ'36" E, olong soid proposed west I�ne, o distance of 54.52 feet !o a 5/8" Iron Rod Set for corner at the beginning of a curve to the left noving o centrol ongle of 18'00'00", an inner raaius of 945.00 feet, a tangent of 149.67 feet and a chord bearing N 17'00'36" E, o C�stonce of 295.65 feet; TNEr�CE olong said curve to the left a distance of 296.87 feet to a 5/8" Iron Rod Set for corner ot the end of said curve; TNENCE N 8'00�36�� E, alcng said proposed west 'ine a distance of 0.35 fee[ to a S!8�� �ror Rcd Set for co��er ;n ±�e south lir:e o� �tote H�ghwcy 5�'< (120' R.O.W.j; THEP�CE N 8R'C3'23" E aiong sa�d south !ine c cistance of 172.Y7 !eet to c 5/8'� iron Rod Set for comer et :he beginning of o nor— tangen; curve to ,he r�ght hav�ng a certra! ongie of 21'11'24", c raaius of 1849.86 fee;, a tange�t of 346.02 feet and e chord becr�ng S 8''23�4'" E, o aistance of 680.25 Fee!; THENCE alonq se�d curve to the right a distance of 684.14 feet to c concrete marke� Found a: the end of said curve; THENCE S 70'48'00" E, continuing olong said south line, a distonce of 380.22 feet to 0 5/8" Iron Rod Set for corner in the westerly line of a 150 foot Tezas Power and Light Right—of—Way �as described in the Warronty Deed in Volume 575, Page 224, Deed Records, Collin County, Texas; , THEPICE,S 5Q'12'00"� W, depcuting said, soceth tine and . atong said weste��t��distonc�=df'��8.1� feet ta Q 5/8" Iron" Rod Set fo� c '�"' �fi,ne;'in the south line of said J.W Curtis - � �� of said i. Ctifton Survey, :, _:: : TH ��t� 88'05'19" W along the survey line betwee►� . said L Ctifton Survey and J.W. Curtis Survey, o distance of 668.81 feet to to the POINT OF BEG�NNING and containing 774,302 square feet or 17.7755 Acres of lond, more or �ess. , • ORDINANCE 95-6 EXHIBIT "A" 9.9031 Acres BE�NG c 9.90�1 Acre tract of Iand �n Wylie, Collin County, Texas, ;r tne �.���. Cu�tis Survey, Abstract f�1o. 196, and the M. Mitliron Sur�ey, AbStrp�t No. 563, and be�ng part of that tract of Iand conveyed to B.C. Wood frcm ClorinCa Mathews �n Q Warranty Deed fo��d �n voiume �?8, Page �31, �eed Reco�ds, Col�in County, Texas, an� be�ng more pa�ticularly descr�bed as follows: 9E�It�p��fJG ot a 5/8" Iron Rod Se; for corner in the south line of State H;gnwey 544 (120' R.O.W.) ard the eosteriy line of o 150 foot Texos Power ond Lignt R�ght—of—Wa as described �n the Warronty Deed �n vo�ume 575, Poge 224, Deea Records, Co►lin County, Texos; THEr;CE S 7 C'�8'00" E ciong said south line, a distonce of 568.85 feet *.o a 5/8" iron P,od Set for corner in the west line of a troct o* !ond conveyee to Frances B. We!Is from Clorinda Mathews in votume 90, Poge 136, Deed Reco�ds, Coil�n Co�nty, Texas; T"+E��CE S 17'32'S7" E, departing sa�d soutr, ��ne and along said west ;�n�, e distance of 378.38 feet to a 5/8" iron Rod Set for corner at a fence corner in the nor+,h line of the C. Stricklard Survey, Abstract f��o. 841, and ,he south line of the said '�. ;1� 'III�tJ(� Survey, THENCE P�: 89'OS'19" W along so;d survey I�ne, a d�stance of 1284.�g feet to a 5/8" iron Rod Set for corner in the easterly line of a?50 foot Texas Power Qnd Light Right—of—Way aS described in the Warrcnty Deed ;n Volume 577, Poge 335, Deed Records, Collin County, Texas; THENCE N 5Q'12'00° E, departing said south line and atong said east line, a d"+stonce of 823.94 feet to the POtNT OF BEGINNfNG and conta�ning 431,380 squore feet or 9.9031 Acres of Iand, more or �ess. .� � - . ,.. '' ,= . -. . - � , . � } ,.e �Y + - � . , �s � - � '�. ,� �9 t3 -v - a �.. � .+�3? * +�,� -� y �v. Y •z .. . . 'i S. i A 't` h iK'. . � ^F � �; �L�u b .' # � . ,�> � . �, '°. ,�� � ,� �' � a } � ,�n �-.� ,� 1 �� �'*. i�,r•'�,. �1'� ;` � �3'� �. 4 a - . . ��� � „ ��rt { a :: � �� . V jy� �'` .�'�{ i ,�'� '" '�� { t , '�° . ''� fi i 7,'�� '�'�'� ,�';�� t'�+'�� '�.5:: �� . . � � -`� ��,S� '7 ,��i, y � � . . - ...a..,.'.:..na.. _. .. _., ,�... . .. . . ORDINANCE 95-6 EXHIBIT "A" 4.4229 Acres BEiNG a 4.4229 Acre Tract cf land situated ;n Wyiie, Coliin County, Texos, ;n the �. Clifton Su�vey, Abstroct No. 193, and being a port of that trac; descr��ed in the General W�rrpnty Deed fo�nd in Clerk No. 9{-0090257, Geed Reco�ds, Co�lin �ounty, Tex�s, conveyed to Kim B. Housewright f�om Wi�ey Housewright, and beir.c� more porticulorly describeC as folfows: BEGINNING at a 5; 8" iron Rod Set for corne� �n ,he eos: line of the L.�. Pegues Sur�ey, Abst�act '�o. 703, :he north west corner of the i. Ci+fton Survey, Abstrect Pvo. 193, and ,he sou;r I�re of the J.W. Cur;is Survey, ?bstroc+. ;�lo. 19b; 'HENCE S 89'05'19" E along the survey tine �etween said I. Ci�f±en Survey and .i.W. Curt�s Survey, a distance of 668.81 feet to a 5; 8" Iron Rod Set for COrner in the westeriy line of a 150 foot Texas Power cnd L�gh; R;gnt—of—Way es desc�+�ed �n ±h,e Wcrranty �Jeed in vo�ume 5?7, Page 335, Deec Receras, Cc�l�n �con; Texes; `htf�CE S 50'12'CO" W, depo�.�ng sa�d s�rvey I�ne and cla�g saiC weste�ly line, a d�stance of 88�.30 feet to e 5/8" Iror Rod Set for comer in said west ►ine, in the east line of soid �.K. Pegues Survey and the west fine of soid !. Clifton Survey, THENCE N 0'S9'04" E a;ong said survey line, a distonce of 576.13 feet to the POINT OF BEGINN!NG and con!cining 192,662 square feet or 4.4229 Acres of iend, more or less. : r, _� �� ..�—�' _�--_ x-- -- `�— ' a.o°3 ee 0 � .. O t . ,� s e . r.�.a s� ,�•. � r�s oao pp� lK� � y.I�r(�v�- ?� � rIMnICn IIHE fnioiw t x � �- ' . F M ,,, • . R•,, . . S ::. ».»si W.�.S.�. f' '� 4 q ;. \�I nnE R.6 76 J6' AC�ES �.I' .�f� .•. I. �. D r 10 �5.0g � < '� "� �•119.6� ... � �`sv. � �� 9.9031 AC�ES �r i � \ ' �nru1C15 0. wFllS " � 0: B �. vO1. �G.176 ?S R.Q� � 7. T � 7 .�+�� q v ��.�� � �•'ri'ir =► " " ilt_—.__—r--...tii���� � � � � � / _� t �� �� SIX�vC� IINE � • -- SVnrEr �I�+E � `(i 1U� S��OII ���0 CEUU� a.42Z9 nCRES �J� rau+e »s�.rnGE �' ,� �� ? � u.c.�a,u k ' G I. CLIf=10N SURVEY ��o��� Q. , nr35 i r�nCT 193 � ... � , o � !, �'�' W. I . S . D. � , � �'� 33.8982 ACRES ° o. s�ntc��nNU s nt�s rnnc r r+o. o�� �� / � � � f A. 01 !� H MCMOnInI � f� l tn xt. � 1743.98 acnx +oEn � �� � `n N89° 05� 19�� W r+.n.c.c.i. � Q' N S89° 05 19 E 1743.98 ' � y � 1 e .79 �rENCC co� pa s eriris' c �I�EE� C I T Y OF Mr�IE IHOfPEHOEH� Sd ttcnu No.�a-�e�zcez � � WYLIE a� K,��� .�.�� �.�� :� .� 80. 0663 ACRES W, I,S. D. x_ � �� ACRES ... �u 4� S rC�C (p�'RII HENSIE� ►EMCE ►OSt �� H E9'95't9' Y x' IIS. E9�.27 t n.s. W rN � N ee�m ��' w u �s.zs 17 nCnES M' y� ��lr. �A.�. 1fN5lEr ROAO THE WYLIE NEWS P.O. I;ox 369 Wylie, Texas 75098 STATE OF TEXAS COUNTY OF COLLIN Before me, the undersigned authority, on this day personally appeared Chad Engbrock, of THE WYLIE NEWS, a newspaper regularly published in Collin County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn deposed and says that the forgoing attached CITy OF wyL1� - Onc�i.nav�ce Na. 95-G Ma y 10 , 1995 and ,1995. � ,, � � �..r...- - -- Chad gbrock �.� Subscribed and sworn to before me this the day of � , 1995 to certify which witness my hand and seal of office. �.� �"1�'4��.�'�°� i 1r�Y•, MARGARET �K ;i '"'���, NoUry Public ^ � � �r� • SGt� g1 Ts � j % 4y - N�'rrp�,��rN �'h1'Camm ��A' �.. �,_.�/" " °"' ""''"'�'`� Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake Wylie Since 1947 ORDINANCE NO. 95-6 AN ORDINANCE OF TI-�E CTI'Y OF WYLIE, TEXAS, ANNEXING a 66 ACRE TRACT OF LAND CONTIGUOUS TO THE CITY OF WYLIE, TEXAS; FII+IDII�i THAT ALL NECES�ARX AND REQUIRED LEC"iA1,. GONDI- ` TIQNS HAVE BEEi�t SATISFIED; PROVIDING THAT SUCH AREA � SHALL BECOME A �PART OF THE CiTY AND THAT THE OWNERS AND INHABITANTS THEREOF SHALL BE BOUND BY THE �1CTS AND ORDI- NANCES NOW IN EFF�CT AND AS MAY BE HEREINAFTER ADOPTED, REPfiALING ALL CONFLICTING ORDINANCES; CONTAINING A SEVERABILiTY CLAUSE; AND PROVIDING FOR AN EFFEC'TIVE DATE. CITY OF WYLIE Mary Nichols, City Secretary 49-1 t-c.