Ordinance 1995-07
ORDINANCE NO.
~~7
AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ANNEXING 46 ACRES OF
TERRITORY 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 943.028 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 extent 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.
,//"
es D. Swartz
ayor
v
ATTEST ~'4J4>-k,
Mary Nichols
City Secretary
3
fhL 4&-7
EXHIBIT RAR
LEGAL DESCRIPTION
SITUATED in the State of Texas, County of Collin; being part of the
Duke Strickland Survey, Abstract No. 841, part of the I. Clifton
Survey, Abstract No. 193, part of a 94.9 acre tract of land as
described and recorded in Volume 3367, Page 230 of the Collin
County Deed Records, and part of a 4.00 acre tract of land as
described and recorded in Volume 407, Page 173 of the Collin County
Deed Records, said premises being more particularly described as
follows:
TRACT A: 37.247 Acres
BEGINNING at a 1-inch iron rod set marking the southwest corner of
said 94.9 acre tract, said corner being the prolongation of the
approximate centerline of Hensley Road (running east);,
THENCE with the west line of said 94.9 acre tract, North 01046'10"
East, 17.50 feet to a 1/2-inch iron rod set for corner at the base
of a fence post marking the POINT OF BEGINNING for the premises
herein described;
THENCE partway with the general course of a wire fence along a west
line of said 94.9 acre tract, North 01046'10" East, 1,165.32 feet
to a 1/2-inch iron rod set marking the most westerly northwest
corner of said premises;
THENCE with the general course of a wire fence along a north line
of said premises, South 85053'40" East, 490.85 feet to a wooden
fence post for corner;
THENCE crossing an open pasture, North 17031'02" East, 176.56 feet
to a point for corner in the approximate centerline of Muddy Creek;
THENCE with the approximate centerline and downstream meanders of
Muddy Creek as follows: South 69032'40" .East, 366.50 feet; South
45056'10" East, 248.50 feet; South 22006'40" East, 150.98 feet;
South 49000'10" East, 68.50 feet; South 82034'00" East, 138.00
feet; South 29013'15" East, 104.00 feet; North 73014'40" West,
20.00 feet; South 12051'15" East, 108.00 feet; South 53059'30"
East, 135.00 feet; South 57034'50" West, 73.30 feet; South
32054'.55" West, 53.50 feet; South 61012'30" East, 203.40 feet;
South 26036'00" West, 228.60 feet; South 14040'30" East, 115.00
feet and South 78036115" East, 122.52 feet to its intersection with
the future 55-foot dedicated west right-of-way line of Sanden Road,
said intersection being the most easterly northeast corner of the
herein described premises;
EXHIBIT "A" - Page 1 .
fhtf tfS-7
THENCE with the east line of said premises and along said proposed
(110' R.O.W.) west right-of-way line of Sanden Road, South
03023125" West, 110.31 feet to a 1/2-inch iron rod set marking the
southeast corner of said premises;
THENCE with the approximate north margin of Hensley Road and
partway with an existing fence line along said line. North
88016t28n West, 1.620.13 feet to the place of beginning and
containing 37.247 acres of land.
TRACT D: 0.651 Acre (Hens1ev Road Area)
BEGINNING at a 1-inch iron rod set marking the southwest corner of
said 94~9 acre tract and also being the southwest corner of the
premises herein described;
THENCE with the west line of 94.9 acre tract and the west line of
said premises, North 01046'10" East, 17.50 feet to a 1/2-inch iron
rod set at the base of a wooden fence post and marking the
northwest corner of said premises;
THENCE with the north line of said premises and partway along the
general course of an existing wire fence along the north margin of
Hensley Road, South 88016'28" East, 1,620.13 feet to a 1/2-inch
iron rod set marking the northeast corner of the herein described
premises, said corner being in the proposed (110' R.O.W.) west
right-of-way line of Sanden Road;
THENCE with the east line of said premises and the proposed west
right-of-way line of Sanden Road, South 03023'35" West, 17.50 feet
to a 1/2-inch iron rod set in the approximate centerline of Hensley
Road and marking the southeast corner of said premises, said corner
also being in the south line of the aforementioned 4.00 acre tract;
THENCE with the approximate centerline of Hensley Road, the south
line of said 4.00 acre tract and 94.9 acre tract, North 88016'28"
West, 1,619.63 feet to the place of beginning and containing 0.651
acre of land.
EXHIBIT "A" - Page 2 .
04/10/1995 15:31 Brockette/Davis/Drake.lnc
214 824 7064 P.02
tHd t;~-1
PROPERTY OESCRtPllON
SEING Q tract of land situated in the City of Wylie, Collin County,
Texas, in the Duke Strickland Survey, Abstroct No. 84-1 and the I.
Clifton Survey, Abstract No. 193, and being all of Tract C of a
64.53 Acre Tract containing in all five tracts, as recorded in the
Warranty Deed, County Clerk No. 92-009'82~, Deed Records, Collin
County. fexas. and bfting more particularly described os follows:
BEGINNING at 0 fence corne,.. at a 20" Hackberry tree, said corner
being in the west line of 0 94.9 Acre Tract os recorded in Volume
3.367. Page 2.30. Deed Records, Collin County, Texas, said corner
olso being N 1 '54'08" E, a distance of 1180.73 feet from the
southwest comer of said 9+.9 Acre Tract in the approximate
eentertlne of Hensley Rood;
THENCE N 87"27'15" W, leaving SQid west line, a distance of
318.59 feet to 0 1/2" Iron Rod f'ound for corner at Q fence corner;
THENCE N .3'57'07" E. possin9 at 0 distance of 564.08 feet 0 5/""
Iron Rod Found at a fence corner, 0 total distance of 595.68 feet
to 0 point for corner in the centertine of Muddy Creekj
THENCE with the approximate centerline ond downstream meanders of
Muddy Creek as follows:
N 72'55'22" E. Q distance of 108.18 feet;
N 42'49'05" E, Q distance of 93.10 feet;
N 45'5"15" E, a distance of 76.81 feet;
S 44'50'40' E, Q distance of 73.00 feet;
S 17'35'57" W, 0 distance of 17.3.70 feet;
S 56.55'35" E. Q distance of 2.08.30 feet;
S '0.43'05" W, 0 distance of 114.80 feet;
N 76"26'50" E. Q distance of 161.60 feet;
S 19.2B' 45" E, a distance of 70.00 feet.,.
S 75.07'00" E, 0 distance of 117.90 feet;
N 14"55'50" E. a distance of 12.1.60 feet;
S 58.53'10" E, 0 distance of 121.60 feet; ,
S 21'3'45" W. a distance of 110.00 feet; ...
S 23.33'34" E, a distance of 90.97 feet;-':"
.... ......{.,: _ ,!,.: ')l'~: ': ' . .'.. .' ,:';..
THENCE S 1r49'02" W, departing sqid~reek:',~OOq'~;c,ros.ln9 on'open
pasture, Q distance of 172.54 feet to'Q"";':fenoe~comer;<found'for .
corner; . '.: ':'(':":;$t:ili~~i;:X~:~~;:~;::~r~.~.:. ' , .
THENCE N 86-22'338 W,'o distance of 490.92}'feef'to the POINT OF
BEGINNING and containing 3B7,100 square Jeetor 6.8866 Acres of
land, more or less.
TOTAL P.02
04/10/95 15:27
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POAp
ORDINANCE NO. 95-7
AN ORDINANCE OF THE CITY
OF WYLIE, TEXAS, A,NNEXING
46 ACRES TRACT OF TERRTTO-
RY CONTIGUOUS TO TI-~ CITY
OF WY~,IE, TEXAS; FINDING
THAT ALL NECESSARY AND
REQUIRED LEGAL CONDI-
TIONS HAVE B£F,N 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 ORDI-
NANCES NOW IN FFFECT AND
AS MAY BE HEREINAFTER
ADOPTED; REPEALING ALL
CONFLICTING ORDINANCES;
CONTAINING A SEVERABILITY
CLAUSE; AND PROVIDING FOR
AN EFF~CTIVE DATE.
CITY OF WYLIE
Mary Nichols, City Secre~ry
49-1t-e.