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Ordinance 1998-03 . . � �L :l� __.... $� �i� 4 .. �� ..n.. ..fi.. d::::�, d_� m...A CITY OF WYLIE, TEXAS ORDINANCE NO. �� c� .� AN ORDINANCE DISANNEXING A 15.61 ACRE TRACT OF LAND, MORE OR p LESS, SITUATED 1N THE RICHARD NEWMAN SURVEY, ABSTRACT NO. `� 660, BEING PART OF THE 195.939 ACRE TR.ACT OF LAND DESCRIBED IN '� DEED TO BELCO EQUITIES, INC. RECORDED IN COLLIN COUNTY c� CLERKS' FILE NO. 95-0003093 OF THE LAND RECORDS OF DALLAS � COUNTY, TEXAS; PROVIDING THAT THE OWNERS AND INHABITANTS � N OF THE ABOVE-DESCRIBED TRACT OF LAND SHALL BE ENTITLED TO w THE RIGHTS AND PRIVILEGES OF OTHER CITIZENS OF WYLIE AND BE BOUND BY THE ACTS AND ORDINANCES NOW 1N EFFECT AND HEREINAFTER ADOPTED; PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND WYLIE'S 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. WHE�EAS, the City Council of the City of Wylie, Texas ("City Council"), investigated and determined that it would be advantageous and beneficial for the citizens of the City of Wylie, Texas ("Wylie") to exchange certain tracts of land being developed by Woodbridge Properties, LLC with the City of Sachse, Texas ("Sachse"); and WHEREAS, the City Council, under the authority of its Charter and various sections of the Local Government Code, further investigated and determined that it would be advantageous and beneficial to Wylie and its inhabitants to disannex the below-described property (the "Property") to Sachse; and WHEREAS, the City Council finds that all requisites relative to consideration and adoption of this Ordinance have been complied with in conjunction with the Boundary Exchange Agreement pursuant to Chapter 43 of the Local Government Code; and WHEREAS, the City Council finds that the field notes close the boundaries of the Property being disannexed; and ORDINANCE DISANNEXING 15.61 ACRES OF LAND - Page 1 hc/1: \mbox8\wylie\annex\disannex. ord/010998 a 0��9� �0324 WHEREAS, the City Council has conducted at least two (2) public hearings at which persons interested in the disannexation were given an opportunity to be heard regarding the proposed disannexation; and WHEREAS, the City Council finds that all legal notices, hearings, procedures and publishing requirements for disannexation 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 findings set forth above are incorporated into the body of this Ordinance as if fully set forth herein. SECTION 2: That the subject property as described and designated on the detailed description and plat map attached hereto as Exhibit "A" and "B", respectively, and fully incorporated herein by reference, should be and the same hereby is disannexed from the corporate limits of Wylie and from its extraterritorial jurisdiction, and the City's boundaries are contracted accordingly. SECTION 3: Any person, firm, corporation or business entity violating this Ordinance or any provision of Wylie's Comprehensive Zoning Ordinance No. 91-24, Chapter 12, Exhibit A, or as amended, shall be deemed guilty of a misdemeanor, and upon conviction thereof shall be �ned a sum not exceeding Two Thousand Dollars ($2,000.00). Each continuing day's violation under this Ordinance shall constitute a separate offense. The penal provisions imposed under this Ordinance shall not preclude Wylie from filing suit to enjoin the violation. Wylie retains all legal rights and remedies available to it pursuant to local, state and federal law. ORDINANCE DISANNEXING 15.61 ACRES OF LAND - Page 2 hc/1:\mbox8\wylie\annex\disannex.ord/010998 . . �e��1�� 0325 SECTION 4: Should any section, subsection, sentence, clause or phrase of this Ordinance be declared unconstitutional or invalid by a court of competent jurisdiction, it is expressly provided that any and all remaining portions of this Ordinance shall remain in full force and effect. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that any one or more sections, subsections, sentences, clauses, and phrases be declared unconstitutional or invalid. SECTION 5: 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 6: The caption of this Ordinance shall be published in accordance with the law and the City Charter of Wylie. This Ordinance shall be in full force and effect from and after its adoption by the City Council, unless otherwise required by law and then shall be in full force and effect upon such compliance. DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this � day of ��' � 1998. ' %' / l �� /�,/'`� � ;,�}� , r J�M SWARTZ, Mayor ,� ATTESTED TO AIVD {..%' CORRECTLY F�ECORDED BY: APPROVED AS TO FORM: SUSAN �� LE��-� == -==�:: ABERNATHY, ROEDER, ROBERTSON City Secr�ary „,,, BOYD & JOPLIN, P.C. ��. � �� I �,:`= RICHARD M. ABERNATHY .- City Attorneys DATE OF PUBLICATION: Wylie News ORDINANCE DISANNEXING 15.61 ACRES OF LAND - Page 3 hc/l:\mboar8\wylie\annex\disannex.ord/010998 ��R ��Q�4 �J0�26 i�E ��= t � �'�� . � p �. � �C i n � �'' � ' � z � �n� , � � � �� ' �� .��_ _ S � ois - �� ' �pP �r�' � A� $� �� . : c � sE . _.� v��t YM �...,. ' �� ER i��- ��R �ca _ S/ �➢ N eo p � 4� t " � "� • ; �� ' � r � � r�� a� ,' ,�, ro � � � � '�4 si � � ^ "�I Y 5� ~ nR . + r �S� C 2 a - � e s S �`2ti� R h� 1 � ^ 7+�3§ "-f�lt i t � '��w . 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O�flloh�l Pn� M�e�a�01�lt�� rr�!lt�i�ol CoIIM C�011�e y T �oo F� B 0 � 19�8 c �� „ � �� co�tva�wx,�wec�rrr.n�cAS . * F'i:1F5d, fc��r R� �rd ii�: i:01_i...1N ts011hl�� TX i-iC�idQRAL�I..E.. F�IE:L.�:hf �Tf�FhlE:rt tln 1'3`381C�?i'{]t, .— � ��:: 1��:;�;� �� f� ' �� i��n�n��a ��3�- ��}:�:��:� � . ��v�� w�;f, �. a� �� 1 �� YV� y� �� -�� 'y � � , �d )� 1,�,% a�� , `� '� S�9 � �S .<... P853J�J:1J06\8513100\lG1ANNEX6.LGL - LEGAL DESCRIPTION 15.61 ACRES BEING a Vact of land out of the RICHARD NEWMAN SURVEY, Abstract No. 660, in tfie City of Wytie, Collin County, Texas, and beinp part of the 195.939 acre Vact of land described in deed to Belco Equities, Inc., �ecorded in Collin County Clerk'a File No. 95-0003093 of the Land Records of Da11as County, Texas, and bein0 more particularly describad as follows: COMMENCING at a point in the north line of the 411.15 acre tract of land described in deed to C.J. Thomsen, �ecorded in Volume 742, Page 64 of the Deed Records of Collin Courtty, Texas for the southeast corner of the befo�ementioned 195.939 acre tract; Thence with the south line of the said 195.939 acre tract and the north line of the said 411.15 acre tract, North 88°30' 15" West, a distance of 406.46 feet to a point for corner; Thence continuin� with the south line of ihe said� 195.939 acre t�act and the north line of the said 411.15 acre tract, North 87°58'43" West, a distance of 724.22 feet to a point in the south city limit line of the City of Wylie per Ordinance 85-26 for the POINT OF BEGINNING, from which the southwest corner of said Ordinance 85-26 bears North 87°58'43" West, a distance of 436.45 feet; THENCE continuing with the south line of the said 195.939 acre tract and the north line of the said 411.15 acre tract and the said south city limit line, North 87°58'43" West, a distance of 436.45 feet to a point for corner; THENCE teaving the south line of the said 195.939 acre tract and the north line of the said 411.15 acre tract, the following courses and distances to wit: North 02`32'02" East, a distance of 1907.96 feet to a point for corner; North 60 " East, a distance of 66.62 feet to a point for corner; South 24° 17'09" East, a distance of 139.45 feet to a point for the beginning of a circutar curve to the rieht, having a cenVal anele of 127°18'20", a radius of 50.00 feet and a chord bearing and distance of South 14°15'48' East, 89.61 feet; Southeasterly with said curve, an are distance of 111.09 feet to a point for corner; South 25°25'48" East, a distance of 150.57 feet to a point for corner; North 64°39'29" East, a distance of 36.60 feet to a point for corner; South 25°20'31 " East, a distance of 174.71 feet to a point for corner; South 05 East, a distance of 365.93 feet to a point for corner; - South 02 East, a distance of 557.38 feet to a point for corner; South 00` 12'S5" East, a distance of 25.06 feet to a point for corner; � South 02°23'44" West, a distance of 516.88 feet to it�e POINT OF BEGINNING and containinp 15.61 acres of land. Bearine system based upon the� bearinp of North 53°04'39' East between the Texas Department Monuments No. 31 and No. 33 of the horizontal control for tf�e improvements to State Hiphway No. 78, based on the North Central Zone of Texas State Plane Coordinates. EXHIBIT. . � THE WYLIE NEWS - Covering Wylie, Saehse, Murphy and t6e surrour►ding uea 110 N. Ballard St. P.O. Box 369 (972) 442-5515 Wylie, Texas 75098 F� (972) 442-4318 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 Caunty,llexas and having general circulation in Collin County, Texas, who being by me duly sworn deposed and says that the forgoing attached C,i,ty v{ Gly2,i.e-Ond Nv. 98-3, d,i�av�v�ex�.v�q 15.G1 ae�c.e�5 /R. Newmccv� �unvey was published in said newspaper on the foilowing dates, to-wit: 1 T(1VIf1�lh// �� , 199�, and ,1� ' .....--�--�._.. ,�, f ., � 7 S � � . �. �E/ . Ch�,fl Engbrock , '�--� ,----"� �, Subscribed and sworn to before me this the �'�' day of -' �� %��'C- �'`"� ,195�, to certify which witness my hand and seal of of6ce. �`"� � _ �� _ __ __ , A �,� c. ��w�� t �`� g51[1N EXPtAES 'g;�-�'i: nflY t,C�A4Mi �. �1 1:` = Sept� �r �8� , ,- 9; mb ��E4� �-�- .�.� —_ "_�, �' ` : G �� " `G '�'� �-'"'r�--� Amy C. Le � �� ` Notary Public in and for The State of Texas My Commission Expires Sept. 26, 2001 Serving Wideawake Wylie Sinee I947 .. , .. _ . ..... . _. _ - request for Annexation for a tract 24, CHAPTER 12, EXHIBIT A OF described as: 15.61 acres of land out WYLIE' S CODE OF ORDI- Sealed bids addressed to the Presi- of the Richard Newman Survey, NANCES; PROVIDING FOR dent and the 3oard c�i Directors ot Abstract No. 660, in the City of REPEALING, SAVINGS, AND the North Texas Municipal Water Wylie, Collin County, Texas and SEVERABILITY CLAUSES; PRO- District, Wylie, Texas will be being part of the 195.939 acre uact VIDING FOR AN EFFECTIVE received at the Administrative of land described in deed to Belco DATE OF THIS ORDINANCE; Offices of the North Texas Munici- Equides, recorded in Collin County AND PROVIDING FOR THE pal Water District, 505 E. Brown Clerk's File No. 95-0003093 of the PUBLICATION OF THE CAP- Street, Wylie, Texas until 2:OU land records of Collin County Pro- TION HEREOF. P.M., February 12, 1998 and then viding for a Repeal of Ordinances in publicly opened and read, for fur- Conflict; Providing for a Severabili- Susan Shuler nishing all plant, labor, u►aterial and ty Clause; Providing for a Penalty City Secretary equipment, and performing all work for Violation; and Providing for an City of Wylie 34-1t-339 Effective Date... Passed and CTTY OF WYLIE, TEXAS NOTICE OF PETIT'ION Approved this Sth day of January, FOR DISANNEXATION 1998. ORDINANCE NO. 98-3 NOTICE IS HEREBY GIVEN T( Larry Holden, Mayor AN ORDINANCE DISANNEX- ALL INTERESTED PERSONS O] Attest: Terry Smith, City Secretary ING A 15.61 ACRE TRACT OF THE FOLLOWING PETITIOr LAND, MORE OR LESS, SITU- FORDISANNEXATION: Ordinance No. 1540 regarding a ATED IN THE RICHARD NEW- request for Zoning for a tract MAN SURVEY, ABSTRACT NO. PETITION FOR DISANNEXA described as: 15.61 acres of land out 660, BEING PART OF THE TION of the Richard Newman Survey, 195.939 ACRE TRACT OF LAND Abstract No. 6t0, in the City of DESCRIBED IN DEED TO To: The City Council of the Cit; Wylie, Collin County, Texas and BELCO EQUITIES, INC. of Wylie, Texas being part of the 195.939 acre tract RECORDED IN COLLIN COLJN- of land described in deed to Beico TY CLERKS' FILE NO. 95- T'he Petitioners, Fred M. Bruner an� Equities, recorded in Collin County 0003093 OF _ THE LAND Joy G. Bruner, respectfully repre Clerk's File No. 95-0003093 of the RECORDS OF DALLAS COUN- senr. land records of Collin County Pro- T'Y, TEXAS; PROVIDING THAT viding for a repeal of ordinances in THE OWNERS AND INHAB I- 1. Petitioners are the sole owners o conflict; Providing for a severability TANTS OF THE ABOVE- record of the following legali clause; Providing for a Penalty for DESCRIBED TRACT OF LAND described land (the "Property" Violation; and Providing an Effec- SHALL BE ENTITLED TO THE comprising approximately 80.1; tive Date... Passed and Approved RIGI-ITS AND PRIVILEGES OF acres, a map of which is attached a this Sth day of January, 1998. OTHER CITIZENS OF WYLIE Exhibit "A": AND BE BOUND BY THE ACTS Larry Holden, Mayor AND ORDINANCES NOW IN 38.13 acres (Tr. 3) and 18.13 acre Attest: Terry Smith, City Secretary EFFECT AND HEREINAFTER (Tr. 1) and 3.89 acres (Tr. 2) out c 34-1t-1370 ADOPT'ED; PROVIDING FOR A the Guadalupe de los Santos Sui CTTY OF WYLIE, TEXAS PENALTY FOR A VIOLATION vey, Collin County Abstract Nc OF THIS ORDINANCE AND 1100 and 20 acres (Tr. 6) out of th ORDINANCEN0.98-1 WYLIE'S COMPREHENSIVE Guadalupe de los Santos Surve} ZONING ORDINANCE NO. 91- Dallas County Abstract No. 1384 AN ORDINANCE ANNEXING A 24, CHAP'TER 12, EXHIBTT A OF Ex6i 52.83 ACRE TRACT OF LAND, WYLIE'S CODE OF ORDI- MORE OR LESS, SITUATED IN N�.INCES; PROVIDING FOR THE RICHARD NEWMAN SUR- REPEALING, SAVINGS, AND VEY, ABSTRACT NO. 660 AND SEVERABII.ITY CLAUSES; PRO- �°°39z^°=°^ ABSTRACT NO. 1072, BEING VIDING FOR AN EFFECTIVE PART OF THE 411.15 ACRE DATE OF THIS ORDINANCE; — TRACT OF LAND DESCRIBED AND PROVIDING FOR T,HE q IN DEED TO C. J. THOMSEN, PUBLICATION OF THE CAP- ^ a°° RECORDED IN VOLUME "78045, TION HEREOF. ,..,, .� ^ PAGE 4135 OF THE DEED RECORDS OF DALLAS COUN- Susan Shuler ;' -�°�� W TY, TEXAS; PROVIDING THAT City Secretary �. THE OWNERS AND INHAB I- City of Wylie 34-1t-339 �� ,�, .'� ��.� -. /3is�— . . � I � � � I � • I � I � � �