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Ordinance 1995-42 CITY OF WYLIE, TEXAS ORDINANCE NO. — � AN ORDINANCE ANNEXING A 7.5 ACRE TRACT OF LAND, MORE OR � � LESS, SITUATED IN THE G.W. GUNNELL SURVEY, ABSTRACT NO. �'� 351, TRACT 9, VOLUME 1110, PAGE 494-496, COLLIN COUNTY, �1 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, L.ocal 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 ANNEXING ACRES, CITY OF WYLIE, COLLIN COLINTY, TEXAS - Page 1 12/ 18/95/4:30pm\l: mbox8\wylie\annex\pell. ord 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 �nds 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: ORDINANCE ANNEXING ACRES, CITI' OF WI'LIE, COLLIN COUNTI', TEXAS - Page 2 12/ 12/95/9:22amU : mbox8\wylie\annex\pell. ord the Property situated in Collin County, Texas, being all of a called acre tract of land, more or less, in the G.W. Gunnell Survey, Abstract No. 351, Tract 9, Volume , Page , Collin County, Texas. Said tract is more particularly described in E�ibit "A" attached hereto and incorporated herein for all purposes. SECTION 2: The Service Plan for the Property is attached hereto as E�chibit "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, E�ibit 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 00/100 Dollars ($2000.00), and each and every ORDINANCE ANNEXING ACRES, CITY OF WYI.IE, COLLIN COiJNTY, TEXAS - Page 3 12/ 12/95 /9:22am\l: mbox8\wylie\annex\pell. ord 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 farce 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 1995. ��� JIM SW TZ, M or ORDINANCE ANNEXING ACRES, CI1'I' OF WYLIE, COLLIN COUNTY, 1'EXAS - Page 4 12/ 12/95/9:22am\l: mbox8\wylie\annex\pell. ord ATTESTED TO AND °" �,��e�a��attw ��;�su��,,, ;. CORRECTLY RECCl��� �,� ��.' AS TO FORM: � ;`e , r °----_�.. ;- USAN SHULER`��,. � .. D. KAY WOODS City Secretary `� City Attorney <; � DATE OF PUBLICATION: , Wylie News ORDINANCE ANNEXING ACRES, CITY OF WI'LIE, COLLIN COUN1'I', 1'EXAS - Page 5 12/ 12/95/922am\l: mbox8\wylie\annex\pell. ord EXHIBIT "A" BEING a tract of land lying and being situated in the G.W. Gunnell Survey, Abstract No. 351 in Collin County, Texas, and being a part of a 100 acre tract conveyed by Josiah Stone to W.B. Burch by deed dated December 26, 1882, and recorded in Volume 19, Page 516 of the Deed Records of Collin County, Texas, and being more particularly described as follows: BEGINNING at a point in the West line of F.M. 1378, said point being located S 0 deg. 56' E, along the West line of F.M. 1378, 1281.53 feet from the South line of a 7.5 acre tract cut off of said Burch 100 acre tract, an iron stake for corner; THENCE S 0 deg. 56' E, along the West line of F.M. 1378, 198.37 feet to an iron stake for corner; THENCE S 89 deg. 40' W, 1648.89 feet to an iron stake in a fence line for corner; THENCE NORTH, along said fence line, 198.37 feet to an iron stake for corner; THENCE N 89 deg. 40' E, 1645.65 feet to the Point of Beginning and containing 7.50 acres of land, more or less; � 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. 10 Extend wastewater service from an existing 8-inch sanitary sewer main in the Hocper 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). ltem No. 7 Extend wastewater service from the existing 21-inch Muddy Creek Interceptor Sewer eastward, approximately 700 feet to serve the Swanson tract. / 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 from 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 Inte�ceptor 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. POLICE AND FIRE PROTECTION The City will expand police and fire protection services as needed to meet changing requirements. MAINTENANCE OF WATER, SEWER, STREETS, ETC. The City will own and maintain all facilities constructed, dedicated, and accepted for public use. SOLID WASTE COLLECTION - Provision of service to new customers is covered by the franchise agreement with the service provider. Service will be expanded as needed. D o� �cRi�p l�P�fv W��w� CCiO � � �uc i�is °R i►nru�o M�io UNEIMORCEAIIE U 0lM6 0 ca �IAI OIMIY rMM�1����M�/M�f «�""�Gwnl N� tlN bM dN f APR 0 1 1996 c�rQ.M. �'� oouim ou� oa� ow�r►v, n� Filed fo•r Fteeord in: COLLIN COUNTY TX HONOkAHLE HEL�N STAkNES � On 1��E/04/01 � At 9:36A CITY OF WYLIE Number : 96- 00257�9 2000 HIGHWAY 78N Ty pe ; p� 25. 00 VYYLIE, TEXAS 5098 ��1�.�. � W V � � � � Q W � W W � '+ (dj U U W J �--� ►--� 3 ¢ � » w z �p ��v�o � � �,. � � c�i, as H � � � w w w ¢ �.� 3 v 3 z � � � ti � � Q R A A Q � W W W W L..I W W W Z Z Z Z Z =- s � = �: t • _ � :. �s �E `� W� i� �'" _ -•� :-- � -:i3_._,.._ 3 - - � � � �. ' � ' i � �Y i - �� � � :_ '� � � _ �, ,�`_____ _ I( � �> '` � � ; y; a, ii �' � � �� _ .' ;. _ � l� - . • - } -?�.L�' : � ..,-�,.: a � u � _�.= v: _ � ;� ' � � o�e fi!� �.' s yy � ; $j - }SY j ����i'�S�P£1�'`'y sY�x- ��� ol >! . t _ ff� a t. �'G� ��^�� ! - � � �' � � �� ;�, � � � u1 i J - '' 6 LL �1f! �i rI L 'I v�j ! ' :: � �+�.,: ' • Y . � � ; u 3r � ; � F5 K .' s ��� � �FS� '�iF �Y :' z ' - - � � ag� - _ � >�� � '"' �� ' ��� _ J . � i,3i � . � RZ �! ! �� �� � _ > � � , ; ���� _ � �a , x � � � �� -. � 1'7 .Ot .� �� � ��� �� �a� _ i ��- � � �� ; ; � • €� ��- �� s = ; j � `�� �" � _ � � � � ��' � ,�-�� ��� � F � � �� L��� �� I � `� . -�"���`�'� --= N { tE ` � : ?� � °`� �'� _-1 ; � _ __�-�� __.. ��.���� •. u����w �K.Yfiifq M 1 ' J � � � � ' i r" � . C a — � . T(17 (1_Cn '1Sr?a'� �i_:,^..J!�._n_.�y.�o �.,,�r.�b_ ._._.__.____.-_ - ------ - Jlck 6.7Acres Vithorcpoon Lladya C.I..naon ^ r 4.0 Ac. I 6,0 Ac. \\I' _-•-Jones pelf -_ 3 nE. _ - a+sr 019 Ron.., Joe House—ight "li Jonas P,II 4,5 Ac._ tr 15 29.0 Acres Billie Jones 7.5 Acres _ _ _ _ _ _ _ _ _ _ _ _ _ _ _--n'1-049 _r_ _ O.W. Ilnrpto(, Ronnie Joe Ibuse.ripht ,r IL-9 10.0 Acres _ 29.0 Acres - r i - - - - Fr t!r�J - - - _ K e th (3s L HJ 9.0 Ares n,..t 019 - - -Mlchoei Mc Molly r,,.i tr Ir o' g,99 Acres JM. Monncw.tl - - - - - - 28.©1 Acres nest 35I 1 ant 19L 1 Ir 11 1 tract 1 and 1% ract 2 1 " 1 tr a2P i rr?I r 1 J.L. Brand 1 _ 1 J.L. I Dorothy Oreen I Frances Dates JM. H.—itz 1 1 Poul I.ylor Drnnd 1 54.98 Acres Wells 27.452 Acres rmrrrr 2,7,4 Acres 10.95 Ac.l 1 75.60 Acres Frances Dotes Wells l trm^^ 191.40 Acres 5 Ac i 1 ' t it 22 InMI 019 I ,•fFrc:�,• _ — _Itr 19 _ 4nN1 nl+.l 819 �• _ _ _ _ �� it J1 ��rta4 — — 'J 1 :-`.G:• ,'.�'� Anal 261. i, Ido Fenrl Scholz lar J J.L. Brand I 73.7 Acres - Dorothy Green 32.14 AcresI 1 London T. Corlson 37.96 Acres I I r r-I /' ~ 1 Nsl 351 "I,1 1 Frances Dotes Wells 1 All ----- -------:�.�.=:-1 dam•-- - -'�--_E',xa,•.< --�Aa - - 1 - •1, Frances Dotes Wells y17.70 Acres -•� 1 London T. Carlson I oy ocoo, 1'' W.LS.D :_� L 175 Acres I I 1 9.9031 Acres �1 nbs 'LL t i 1 W.LS.D- i.`i 011 4.42 Acres,:' 7M,rr.rle.c.vaod D.C. Wood 1 IS rP nc 1IL.W A W.LS.D 39.9 Acr 1 33.9 Acres 1 1 I. 1 1 n 1 1 h o �✓ �� - - - - - - - - - - - � a 1 City of Wyle I Drninghon Land Trust 80.07 Acres Agriculture Dorn I A6.17 Acres t Wiley liouse*rlght I 40.02 Acres I D. Hensley 16.D Acres 1 F,i nest 193 TXT 1! pr Ibrlen I w VaKlearl Sp-'d ri Mliw I Prn.ns "I'll-.1" 102tB Ai IOc'9 nc 110.956 Acl BIi4nA f7'1 A111c3 Ai 1 i i I I I I I 1 I ��, ��.� d �' � .__-_. ' s y / � �7 T� wYi�� ��S P.O. Box 369 �Vylie, 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 Ond,i,v�ance.b N��S. 95-2�; 95-28; 95-30; 95-31; 95-32; 95-33; 95-34; 95-45; 95-3G 95-37; 95-3�; 95-39; 95-40; 95-41; 95-42; 95-43; 95-44; 95-45; 95-4G; 95-47; 95-4k; 95-49; 95-50; 95-51; 95-52; 95-53; 95-54; 95-55; 95-56; 95-57; 95-58; 95-59 , 1995 and ,1995. Decembetc 27, 1995 � Cha ngbrock �� Subscribed and sworn to before me this the � day of , to certify which witness my hand and seal of office. 4��� C p�pK tJ1P���� �b1ic +rt,'�1UB<� �yo Sexas �_ � °� S�� 97 }� � f � � P �"�°�` °� tt Margaret Cook Notary Public in and for The State of Texas My Commission Expires 9-24-97 Serving Wideawake Wylie Since 1947 ��'�. � ; ��0.:�i AN ORDINANCE ANNEXING A 7.5 ACRE TRACT OF LAND, MORE OR LESS, SITUATED IN THE G.W. GUNNELL SURVEY, ABSTRACT NO. 351, TRACT 9, VOLUME 1110, PAGE 494-496, COLLIN COUNTY, TEXAS; PROVIDING THAT THE OWNERS AIVD 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 ORDI- NANCE 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 ORDI- Ne4NCB; �AN� �X ('i FOR TH� i'��LICA`f'I�+T CI� �� CA�i H�P.