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Ordinance 1995-27 CITY OF WYLIE, TEXAS ORDINANCE NO. ~ c:( 7 AN ORDINANCE ANNEXING A 10.342 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 193, TRACT 13, VOLUME 1583, PAGE 620, THE R. D. NEWMAN SURVEY, ABSTRACT NO. 660, TRACT 41, VOLUME 1583, PAGE 620, AND THE H. J. HARDIN SURVEY, ABSTRACT NO. 438, TRACT 9, VOLUME 1583, PAGE 620, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 91- 24, CHAPTER 12, EXHIBIT "A" OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority of Section 43.021, Local Government Code and City of Wylie, Texas' ("Wylie") Home Rule Charter, investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to annex the below-described property (the "Property") to Wylie; and WHEREAS, prior to conducting the public hearings required under Section 43.052, Local Government Code, the City Council also investigated and determined that the Property is within the extraterritorial jurisdiction of Wylie and is adjacent and contiguous to the existing city limits of Wylie; and WHEREAS, before the publication of the notice of the first public hearing regarding the annexation of the Property, the City Council directed the appropriate persons to prepare a service plan that provides for the extension of full municipal services to the Property to be annexed; and ORDINANCE ANNEXINGIO.342 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 1 01/07/96/10: 34am\1 :mbox8\ wylie\annex\joslyn. ord of li1 f' li1 CU S S \ l,JJ a'1 WHEREAS, the City Council finds that the service plan has been prepared in full compliance with Section 43.056, Local Government Code, and has been made available for public inspection and was available for explanation to the inhabitants of the Property at the public hearings; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being annexed; and WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the annexation were given an opportunity to be heard regarding the proposed annexation and the proposed service plan; and WHEREAS, the City Council finds the public hearings were conducted on or after the fortieth (40th) day but before the twentieth (20th) day before the date of institution of the annexation proceedings; and WHEREAS, the City Council finds it has completed the annexation process within ninety (90) days after the City Council instituted annexation proceedings; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for annexation have been performed and completed in the manner and form set forth by law. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1: The Property described as follows and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie, to-wit: the Property situated in Collin County, Texas, being all of a called 4.5 acre tract of land, more or less, in the I. Clifton Survey, Abstract No. 193, Tract 13, Volume 1583, Page 620, Collin County, Texas. Said tract is more ORDINANCE ANNEXINGIO.342 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 2 01/07/96/1 0: 34am\1 :mbox8\wylie\annex\joslyn. ord particularly described in Exhibit "A" attached hereto and incorporated herein for all purposes. SECTION 2: The Service Plan for the Property is attached hereto as Exhibit "B" and made a part hereof for all purposes. SECTION 3: That from and after the passage of this Ordinance, the Property shall be a part of Wylie, and the inhabitants thereof shall be entitled to all the rights and privileges of all of the citizens of Wylie and shall be bound by all of the ordinances and regulations enacted pursuant to and in conformity with the City Charter and the laws of the State of Texas. SECTION 4: That the official map and boundaries of Wylie are hereby amended to include the Property as part of the City of Wylie, Texas, and that a certified copy of this Ordinance shall be filed in the county clerk's office of Collin County, Texas. SECTION 5: It shall be unlawful for any person, firm or corporation to make use of the Property in some manner other than as authorized by this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto; and it shall be unlawful for any person, firm or corporation to construct on the Property any building that is not in conformity with the permissible use under this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, shall be deemed guilty of a misdemeanor and upon conviction shall be fined a sum not exceeding Two Thousand and 001100 Dollars ($2000.00), and each and ORDINANCE ANNEXINGIO.342 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 3 01 107/961 10:34am\l:mbox8\wylie\annex\jos1yn.ord every day such violation continues shall be considered a separate offense; provided, however, such penal provision shall not preclude a suit to enjoin such violation. SECTION 7: Should any part or portion of this Ordinance, or the use created herein or under Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, and any amendments thereto, be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions shall remain in full force and effect. SECTION 8: All ordinances in conflict with this Ordinance are repealed to the extent they are in conflict, and any remaining portions of the conflicting ordinance shall remain in full force and effect. SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie and shall be effective immediately upon its passage and publication. PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this ~ day of ~.lU~,JJ 1995. ORDINANCE ANNEXINGIO.342 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 4 01/07/96/10: 34am \1 :mbox8\wylie\annex\joslyn.ord ATTESTED TO AND CORRECTL Y .RECORDED BY: APPROVED AS TO FORM: ., ~~~~~"t~, ~..... .. "', "" C; D. KAY WOODS City Attorney 11f5 , Wylie News ORDINANCE ANNEXINGIO.342 ACRES, CITY OF WYLIE, COLLIN COUNTY, TEXAS - Page 5 01/07/96/10:34am\l:mbox8\wylie\annex\joslyn.ord EXHIBIT "A" Being a tract of land lying and being situated in Collin County, Texas, in the I. Clifton Survey, Abstract No. 193, the H.J. Hardin Survey, Abstract No. 438, and the RD. Newman Survey, Abstract No. 660, and being a part of a 260.436 acre tract of land described in a deed from CT. Beckham to Arapaho East, Inc. as recorded in Volume 1104, Page 149 of the Collin County Deed Records, said part being a resurvey of a called 10.1348 acre tract and being more particularly described as follows: BEGINNING at an iron rod set in the center of a dirt road, said point being North 890 40' 44" West, 333.5 feet from the most Northerly Northeast corner of the said 260.436 acre tract, said point bears North 00 17' East, 40.00 feet from the iron rod found; THENCE SOUTH 00 17' West, at 933.24 feet, an iron rod set on the high bank of a lake, in all on this line, 1513.18 feet to a point in a lake; THENCE NORTH 850 15' 39" West, 300.92 feet to a point in said lake; THENCE NORTH 00 17' East, at 491.29 feet an iron rod set at the high bank of said lake, at 1450.00 feet an iron rod found, in all on this line 1490.00 feet to an iron rod set in the center of a dirt road; THENCE SOUTH 890 40' 44" East, 300.01 feet along the center of said dirt road to the PLACE OF BEGINNING and containing 10.342 acres of land. ~ EXHIBIT B SERVICE PLAN for the 1995 - FM 544 Corridor Annexations WATER AND WASTEWATER SERVICE The Item Numbers listed below correspond to the attached annexation map. Item No.1 0 Extend wastewater service from an existing 8-inch sanitary sewer main in the Hoeper Business Park, east, approximately 1,000 feet to serve 3 tracts (Wood, Scholz, and Parker). Item No.1 Extend water service from an existing 8-inch water main along FM 1378, westward along the north line the Gladys Swanson tract, approximately 1,000 feet to serve the Witherspoon tract. Item No.6 Extend water service from the existing 8-inch water main in the Premier Business Park, westward following Hensley Lane (C.R. 297), approximately 2,400 feet to serve eight tracts (Housewright, Hensley, Van Cleeve, Speed, Miller, Bradshaw, Caldwell, and Oliver). Item No.4 Extend water service from the existing 20-inch water main along the south side of FM 544 to the north approximately 1,400 feet to serve six tracts (Brand (4), Wood, and Taylor). Item No.8 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, along the north line of the 34.98 acre J.L. Brand tract, approximately 1,180 feet to serve two tracts (J.L. Brand and Dorothy Green, and J.L. Brand). Item No.7 Extend wastewater service from the existing 21-inch Muddy Creek Interceptor Sewer eastward, approximately 700 feet to serve the Swanson tract. 1 Item No.9 Extend wastewater service from the existing 24-inch Muddy Creek Interceptor Sewer westward, across the Francis Bates tract and then along the common line of the 34.98 and 32.14 acre J.L. Brand and Dorothy Green Tracts, approximately 3,400 feet to serve eight tracts (Brand (3), Taylor, Wood, Lemmon, and Mannewitz). Item No.2 Extend water service fran the existing 12-inch water main along north side of FM 544 northward following Marshall Lane, northward and then eastward, approximately 2,400 feet to serve two tracts (Mannewitz and Lemmon). Item No.3 Extend water service from the proposed water main (Item NO.8 of this plan) northward, along the west line of the Mannewitz tracts, approximately 2,000 feet to serve three tracts (Mannewitz, Housewright, and Housewright). Item No. 11 Extend wastewater service from the existing 30-inch Muddy Creek Inteceptor Sewer east and then northeasterly, along the tributary to Muddy Creek, approximately 2,900 feet to serve both the 17.5 and 37.96 acre Carlson tracts. POUCE AND FIRE PROTECTION The City will expand police and fire protection services as needed to meet changing requirements. MAINTENANCE OF WA TER, SEWER, STREETS. ETC. The City will own and maintain all facilities constructed, dedicated, and accepted for public use. SOUD WASTE COLLECTION Provision of service to new customers is covered by the franchise agreement with the service provider. Service will be expanded as needed. g AN'/ I11DNlIOM IIEIIEINYIXIq11lES�R�C►5 MIE� MNTAl.011 USE OF TME OESCRI�D REAL PROPERTY BE6AU8E Oi CWA� 011 RAf� 19 IqWLL10 AMO UNENNtICEABIF UMDER fE0lML tAW �p�Y OP GOLUN) �n�E STME OF 1DU81 ( �i �ind n�a n�m����m��qna� �r r�w w�is euy a co� �n tM OIRW ru1Ma IUaMM" N IIW� N CaN�n CoMtf. tn» on APR 0 1 1996 ��� ��� aou�nr ou�,�+�o�+rr,r�aw� , • Filed for �eco�rd in: COL�IN COUNTY 7X HONOkAE�LE HEL�N S7AkNES ��%�� On i�'3E/04/01 At 9:3EA CITYOFVVYL.�E Number: 3E- 002�754 2000 HiGHWAY 78N Ty pe : Ok 2�. 00 WYLtE, TEXAS 75098 �,t�a C��-- i1 J.ml Jickroan a" AC� 6.7 Acres P.51 Tr - - - - - V;ther r.a W.dy.c.S..— n , 4.0 Ac. 6.0 Ac. i\y' -+-Jones - -,1 849 Ronnie Joe ll —se ' li_Jones Pell 4,5 Ac. 1r a 27,U Ar--res ° Billie Jones 7.5Acres _ _ _ _ _ - _ _ _ _no+1 A.9 ` O.W. Hormion Ronne -be 11--right lr 16-9 10.0 Acres 29.0 Acres r: - - _ _ _ _ _ lir i �`� - - - Ke Bevis L KJ _ - - - - - _ _ _9.00 A_Acrr_es_ _ nn,1 849 �+ Kchoel Mc Anally r,, J.M. Monnewltz i lr it 899 Acres j w.d n.,...., v.re - - - - - - - - 28.81 Acres rv..t 751 I ansf 1'N. 1 it I4 1 tree( I nbsl 1% Irocl 2 1 ' _ _ _ _ _ — — _ _PFs1 A 49_ _ _ — _ r J 1 1 AFs4 ,49 I 1 1r 2n I Ir 21 1 1 J.L. Brand 1 I- _ I J.L. ' Barothy Green 1 France, Bates JM. Homew;tz I 1 Pnu1 loylor Brand 1 54.98 Acres Wells 27.452 Acres rolrKe 1 22,4 Acres 10.95 Ac.l 1 75.80 Acres Frances Bates Wells 1 Lem.. 191.40 Acres 5 Ac I I I 1 1 Ir 22 IAbsl 849 I FtC�• L, 19 nhfl 849 xIM1 1. :has• ire l28 Ida Pearl Scholz '•�% �'? I' 1x1 J J.L. Brand 33.7 Acres Dorothy Green 32.14 Acres ' '' ' London T. Carlson 1 1 I ���� I 37,96 Acres 11ws1 71I 1 Frances Bates Wells 1 -----•-��---•----- --'----- - --- _ - - - - - - - - - D.C. Vood _' _1NSMScho%r 4: � I Frances Bates Wells 7.70 Acres i'-� 1 London T. Carlson or .cob, ,- - f'• W.l.S.O _'� 1 17.5 Acres 9.9037 Flcres "'� I ."t 266 '1 _ _ _ _ _ lr 29 (I 1 W.I.S.D it:t 841 4,42 Acres,;'; trH re.ri Ac,voce B.C. Wood srnalT 17667 K V.LS.D 39.9 Acresr _ 1518 Ac - • 1 33.9 Acres 1 1 1 b I I 1 j L - - I 1 City or Wylie I B;rn;nghor Land Trust 80.07 Acres Agrcul lure Born 1 46.13 Acres I Wiley Nousewr;ght I 40.02 Acres 1 D. Hensley I 16.0 Acres JI 1 �r i n!.sl I97 rXT- —. .—• 11 AJ 1r.1-9 1 1 L V.KO.,1 Varth t4. I 1 ievel SPere IJ Nller I Prowse IJrrrrl j,"•"�I��' 10278 K 1029 K 1 10.956 Ac1 Arod,Fo. f 4.Act Ia7 Ar 1 li4 Ac I I ' I I ' I I I 1 1 TI� 1�YLI 1�ri�S P.O. Box 369 W_ylie, Texas 75098 __ STATE OF TEXAS COUN�Y 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 c�rv 61� c U�/��€ - �hdc-v�uv�ce,� Na�s. 95-27;95-2�; 95-30; 95-31; 95-32; 95-33; 95-34; 95-45; 95-3G 95-31; 95--38; 95-39; 95-40; 95-41; 95-42; 95-43; 95-44; 95-45; 95-4G; 95-4�; 95-48; 95-49; 95-50; 95--51; 95-52; 95-53; 95-54; 95-55; 95-5G; 95-5�; 95-5�; 95-59 , 1995 and ,1995. �ecemE�en 2�, ]995 r Cha ngbrock * �� Subscribed and sworn to before me this the � day of , to certify which witness my hand and seal of office. i� � C ppK ,. P „ MANo�� p�bli • .,�< t�'exa , 2 /` �°� S�'� g7 �� +/�� ��i � � � p :; �` S ''�� � ! Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake Wylie Since 1947 �1TY OF WYLIE, TEXAS '��� ORIIINANCE NO. 95-27 AN ORDINANCE ANNEXING A 10.342 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE I. CLIFTON SURVEY, ABSTRACT NO. 1�3, TRACf 13, VOLUME 7583, PAGE 620, THE R.D. NEWMAN SURVEY, ABSTRACT NO. 660, TRACT 41, VOLUME 1583, PAGE 620, AND THE H.J. HARDW SUR- VEY, ABSTRACT NO. 438, TRAC1' 9, VOLUME 15$3, PAGE 620, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABI- TANTS OF THE ABOVE-D$SCRIB- ED TRACT OF LAND S1-IALL BE ENTITLED TO THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HERE- INAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A'VIOLA- TION OF THIS ORDINANCE AND COMPREHENSIVE ZOI�fING ORD� NANCE NO. 91-24, CHAPTER 12, EXHIBIT "A" OF WYLIE'S CODE OF ORDINANCES; PROVIDING FOR REPEALI�iG, SAVINGS AND SEV- ERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THIS- ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION HEREOF. r 30-1t-c.