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Ordinance 1998-49 ORDINANCE NO.~ 41 AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, AMENDING THE COMPREHENSIVE ZONING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE AMENDED, SO AS TO CHANGE THE ZONING ON THE HEREINAFTER DESCRIBED PROPERTY TO . B-2, .. BUSINESS DISTRICT CLASSIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Planning and Zoning Commission and the governing body of the City of Wylie, Texas, in compliance with the laws of the State of Texas with reference to the amendment of the Comprehensive Zoning Ordinance, have given the requisite notices by publication and otherwise, and after holding due hearings and affording a full and fair hearing to all property owners generally and to owners of the affected property, the governing body of the City is of the opinion and finds that the Comprehensive Zoning Ordinance and Map should be amended; NOW, THEREFORE BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS: SECTION 1. That the Comprehensive Zoning Ordinance of the City of Wylie, Texas, be, and the same is hereby, amended by amending the Zoning Map of the City of Wylie, to give the hereinafter described property a new zoning classification of B-2, Business District Classification, said property being described in Exhibit "A" attached hereto and made a part hereoffor all purposes. SECTION 2. That all ordinances of the Cityin conflict with the provisions ofthis ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect. SECTION 3. That the above described property shall be used only in the manner and for the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting ofthis zoning classification. Hj'\ VJ I I I I~I i ((I ~ II i Y \1 l:l A ! ( lIrr ,Yh-n 1 L.L___._._ _ 43rB J . I . ! I i I i ! 3l.93 .............. ~ ~---- /~. ----~ /~~ /",,~r-~ '[.ill \ /~~~v i ~'I L-- \ \ A./ ~8 I \ \ -'./ -"0. \ \ ; -' \~ \~ 'I... / ;,; S,\ \ \ ,/, \. -' "' \ ,,/ \. / \. \ /'" . \ /'v \ /' .~..; ; ,; /; ./ '. \. \ \ \ \, \ \, \ \ \ '\ - '-~~\._--~~-----r-------- i i I I i I I \ \.. '\ \. \ SUBJECT PROPERTY St. :..---:: ~ tl\,,~ sau - ltG'~ ~,." " ,.. "., ..,' .; / ,.,,, .' ~ i; 'O~ ,/ O' .../ ~~ ~~ \ ~ " ..) ~ """'" \ \ \. " \) \V , ".- \ ; i / \,../ :\ \ ~-;;: \" j, I! \. M:OOO , r I I ! I , J f! I J..-.l--_____._....L__.....J . i I ! i ; I i ; i ! i i j ; i j ~ j ! ~._--~..- ' - r." -! - . >-...---;;-__.__..i_\ - -' I .. \ \ ( J ~ ~S N!t-i -, -; --1 .---i - - - ; .;' ".-' / /' ./ ,/ ~/ ..' ,-' .// , ,; ","'.,.." / ."~' ..............% ~./;/ . "- / ,. ~,~o~/ ~ "- ,/ ,. ......~~"'.. ;/ // ,-;~,;. ./' /' /~C.)...,.. ,.' / ~/~/ J" J'" ............"\ ..,...... .... ~ ....... ~,...... ,.,,. .' 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I I i I I _____._..__.____.__. r--r-- r: II 1 r--- I 1 J I I J I i I J ~r--...I/ !~/>--II ~: ,;::: I !~Iit . 2~. ~tllll~ ;1 - SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended h~reby, commits an unlawful act and shall be subject to the general penalty provisions of Section 38 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 5. Should any paragraph, sentence, subdivision; clause, phrase or section ofthis 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 so declared to be invalid, illegal or unconstitutional, and shall not affect the validity of the Comprehensive Zoning Ordinance as a whole. SECTION 6. 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 7. The repeal of any ordinance, or 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. DULY PASSED ~R2VED by the City Council oflhe City of Wylie, Texas, this /5 day of 'lAM ~ 1998. ATTEST: Barbara By John .:\:"~: ~\,,\.(-," ':.'_'\0 II \.. ~~;;.~ '\ ., if/';:" ~r, ;::: ......, ~ s ~ ::: ~ ~ ~ ~ ~ ~ h.,. ~,Yo, ~ii":'}j;:.. " II ll~d(.t,llJ Being a tract of lalld situated in the Francisco De La Pilla Survey, Abstract No. 588, City of Wylie) Collin COllnty, Texas, and being the same tract of land conveyed to Doyle R. Mitchell and wife Nancy Kaye Mitchell by deed recorded in Volume 2689, Page 793 and the same tract of land. conveyed to Home Town Furniture, Inc. by deed recorded in Volume 2610, Page 702, Land Records, COllill Coullty, Texas and being' more particularly described as follows: Beginning 'at a 3/8 inch iron rod fOllnd ill the south right-of-way line of the St. Louis and Southwest Railroad (1 DO' R.O. Jr.) for the izort/zwestcorner of a 2.939 acre tract of land conveyed to Paul C. Merritt and Richard A. Williams by deed recorded in Volume 2070) Page 140, Land Records, Collin County, Texasj Thence, S 00000'00" E, along the west line of said 2.939 acre tract, a distance oj 325.98 feet to a J /2 inch iron rod set in the north right-of-way line of State HighlVay No. 78 for the southwest corner of said 2.939 acre tract and being i1~ a curve to the leJt having a radius oj 2924.93 feetj Thence, along said curve to the left, through a central angle of 020 59' 04", an arc length of 152.35 feet and a clzord of S 750 05' 48" H~ ]52.34 feet to a ]/2 inch iron rod found for the southeast comer of a northerly tract of land described in a deed to A.D. Boyd Fami(v Trust and recorded by County Clerk's File No. 94-0059169, Land Records, Collin COlinty, Texasj 711ence, N 000 DO' DO" E, along the east line of said Boyd Family Trust 'li'act, a distance of 265.15 jeet to a 1/2 inch iron rod set in the south right-oj-way line of said Railroad in a curve to the right having a radius of 5741.78 feet for the 1/ortheast comer oj said Boyd Family 1i'ust 1i'act, Thence, along the south right-of-way /ille oj said Railroad and cun'e to the right, through II celltral angle of or 46' 34", an arc length of ] 77.98 feet and a chord ofN 55048' 36" E, ]77.97 feet to tile Point of Beginning lllld containing 43,492 square feet or 0.998 acres oj land. THE WYLIE NEWS Coverilll WyUe. Sadlse. Murphy.nd the IUrroundfnc are. flU N. Ballard St. P.O. Box 369 Wylie, Texas 75098 (972) 442.,5,515 Fax (972) 442-4318 STATE OF TEXAS COUNTY OF COLLIN 'I. Before me, the undersigned authority, on this day personally appeared Chad Engbrock. of THE W'VLIE NEWS, a newspaper regularly published in CoUin County, 1exas and having general drculatlon In Collin County, Texas, who being by me duly swom deposed and says that the foregoing attached City On Wyli~ - O~dinanQ~ No. 98-49 was pubUshed in said newspaper on the following dates, to-.wtt~ V~Q. 23 , 1998, and , 1998. lit Cboo ngbnd ---' Subscribed and sworn to before me this the to certify which witness my hand and seal of office. ~ day oC , 1998. y ~r't~<i:''- .,:.t'~ )~ ]~~ . ~,~.~~t~~l OEBRA M WORKMAN MY COMMISSION EXPIRES November 10, 2001 -:-;'7":;;:-,;;=-., ~ Y}/l ~ Debra M.Workman Notary Public in and for The State of Texas My Commissibn Expires Nov. 10, 2001 Serving Wideawake Wylie Since 1947 I>ublic Notices of a 25.679 acre tract conveyed by C.I. Norton and Lyda P. Norton to L.D. Pearce, L.G. Pearce and F.w. Pearce, as recorded in Volume 496, Page 268, of the Deed Records of 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 the the Acts and Ordinances now in effect and here- inafter adopted; providing for a penalty for a violation of this ordi- nance and Comprehensive Zoning Ordinance No. 85-23A; providing for repealing, savings, and sever- ability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. ORDINANCE NO. 98-44 An ordinance annexing a 1.089 acre tract of land, more or less, situated in the I. & G. N. Railroad Company Survey, Abstract No. 1059, Collin County, Texas, and also being part of a 4.00 acre tract as conveyed to Glen E. Pockrus and Wife, Joyce Pockrus, recorded in Volume 1293, Page 84, Deed Records, Collin County, Texas; providing that the owners and inhabitants of the above described tract of land shall be enti- tled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinance now in effect and hereinafter adopt- ed; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 85-23A; providing for repeal- ing, savings and severability claus- es; providing for an effective date of this ordinance; and providing for the publication of the caption here- of. ORDINANCE NO. 98-45 An ordinance annexing a 1.0 acre tract, more or less. situated in the William Sachse Survey, Abstract No. 835, of 640 acres, about 14 miles southeast from McKinney, Collin County, Texas, and being out of that 40 acres of land which is described as first tract in a Warran- ty Deed fram Jick Housewright et al to D.R. Moore and Kathleen G. Public Notices Moore, dated April 15, 1954, recorded in Volume 484, Page 379, Deed Records of Collin County, texas; providing that the owners and inhabitants of the above described tract of land shall be entitled to the rights and privi- leges of other citizens of Wylie and be bound by the acts and ordi- nance now in effect and here- inafter adopted; providing for a penalty for a violation of this or<li- nance and comprehensive zoning ordinance No. 85-23A; providing for repealing, savings and sever- ability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. ORDINANCE NO. 98-46 An ordinance annexing a 1.0 acre tract of land, more or less, being out of the Elliot C. Davidson Sur- vey, Abstract No. 266, being a tract of land out of a 72.5 acre tract, save and except previous conveyances, conveyed to J.R. Eaves by Deed dated the 9th day of March, 1958, by J.W. Barnett et ux, of Record in Volume 411, Page 494, Deed Records of Collin County, Texas; providing that the owners and inhabitants of the above described tract of land shall be entitled to the rights and privi- leges of other citizens of Wylie and be bound by the acts and ordi- nance now in effect and here- inafter adopted; providing for a penalty for a violation of this or<li- nance and comprehensive zoning ordinance No. 85-23A; providing for repealing, savings and sever- ability clauses; providing for an effective date of this ordinance; and providing for the publication of the caption hereof. ORDINANCE NO. 98-47 An ordinance annexing a 11 0 acre tract of land, more or less, situated in the J.W. Mitchell Survey, Abstract No. 589, being the same property conveyed to Patsy Sue Donihoo by J.O. McWhirter and wife, Peral A. McWhirter by Deed as recorded in Volume 942 at Page 488 Deed Records, Collin County, Texas, providing that the owners :"'i~~!:!:!~!;:!:;{!i.ll:.'ll'!llli~!i!l~ll:!iiJII'111il.l~lii.I:II'llilllillllljlllllli!ltfftjlti!i:ll'~ii.':1I1!~1' Public Notices and inhabitants of the above described tract of land shall be enti- tled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinance now in effect and hereinafter adopt- ed; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 85-23A; providing for repeal- ing, savings and severabilily claus- es; providing for an effective date of this ordinance; and proYiding for the publication of the caption here- of. ORDINANCE NO. ~8 An ordinance annexing a .988 acre tract of land, more or less. situated in the Francisco De La Pina Survey, Abstract No. 688, being the same property conveyed to Doyle R. Mitchell and wife Nancy Daye Mitchell, by deed as recorded in Volume 2689 at Page 793 and the same tract of land conveyed to Home Town Furniture, Inc. by Deed recorded in Volume 2610, Page 702, Land Records, Collin County, Texas; providing that the owners and inhabitants of the above described tract of land shall be enti- tled to the rights and privileges of other citizens of Wylie and be bound by the acts and ordinance now in effect and hereinafter adopt- ed; providing for a penalty for a violation of this ordinance and comprehensive zoning ordinance No. 85-23A; providing for repeal- ing, savings and severability claus- es; providing for an effective date of this ordinance; and providing for the publication of the caption here- of. ORDINANCE NO. 98-49 An ordinance of the City of Wylie, Texas amending the Comprehen- sive Zoning Ordinance of the City of Wylie, as heretofore amended, so as to change the zoning on the here- inafter described property to B-2, Business District classification; providing for the repeal of all ordi- nances in conflict; providing a sev- erability clause; and providing for an effective date. NOTICE OF SCHOOL TRUSTEE ELECTION NOTICIA DE ELECCION DE MIEMBRO DE LA MESA DIRECTION ESCOLAR r