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Ordinance 1999-38 ORDINANCE NO.~~~ 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 MF, MULTI-FAMILY RESIDENTIAL 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 SF-2, Single Family Residential District Classification, said property being described in Exhibit "A" attached hereto and made a part hereof for all purposes. SECTION 2. That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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"Tor the purposes provided for in the Comprehensive Zoning Ordinance of the City, as amended herein by the granting of this zoning classification. SECTION 4. Any person, firm or corporation violating any of the provisions of this ordinance or the Comprehensive Zoning Ordinance, as amended hereby, 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 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 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 ofthis ordinance. DUL Y PASSED ~PROVED by the City Council of the City of Wylie, Texas, this 4-day of ~, 1999. ByfJ~ ~e;/- Job Mondy, Mayo (( E~ //;, (I /1 I BEING ell that certain tract or porcel of land situated in the John W. MitChell SurVey. Abstract No. 589, Collin Counly, Texas. same bein9 011 01 thu! ct:rtoin called (5.00) ocre tract or lond conveyed to Gene Le....is by deed recorded ill VolumE: 606, Pcge 545 of the Deed Records of Collin County. Texa:l. ond being mor,e particularly described by metes and bound~ os fallows: BECINNING at a 5/8" ;ron rod found for corner at the south.....est corner 01 said Lewis tract, some bein9 at the southeast corner of that certain 55 acre truct of Ion!) conveyed a:; -Trcct 2. 10 Patsy Sue Donihoo by J,O. McWhirter r.nd wife, Pearl A. McWhirler, by deed recorded in Volume 9 42, Poge 488 01 the Collin County Oe~d Records. end being in the norlh line of that certain (115.155) cere tract of land known 0:1 Southlork MObilo Home Perk conveyed to Cloy ton/Cambridge Joint Venture by inslrurnent recorded under County Clerk.'s File Number 92-00<-5237. Collin County Deed Records. and being in the centerJ;ne at old McMillan Rood - County Rood No, 298. and lhe :south line of a 20 fool prescr:ptive rood eosemel1t and the north line a 50 foot right-Of-....oy dedicated by said Southfork Mobile Home Pork. and from which 0 railrood spike round at the intersection of :soid centerline of old Mcl.4illan Road, wilh tho cenlerline of !.IcCrea'}' Rood. bears North 89' 33' 04. West, 0 distance 01 1818.08 feel: THENCE North O(J 40' 50. East. along the meanders of on old wire .fence and the north line of soid Donihoo lroct, at a distance of 20 feel passing lhe north line of said old McMillon Rood and the north lino of ~aid prescriptive easement. and cOl"\tinuing on 0 total distance of 834.61 feet to a 5/8~ iron rod found for corner al lhe northwest corner of said Lewis (5.00) acre tract, some ~ing a common westerly southwest corner ot that certain called (113.407) acre tract cf land conveyed to William E. Campbell, Jr.. Tru:slee - McCreary Road Umiled Partnership by deed recorded in Volume 881. P0ge 802 of the Collin County Deed Records; . THENCE North 89' 47' 50. East, along the meanders of on old wire lence 0 distance ot 264.00 feet to 0 5/8. iron rod found for corner at the northeast corner of said 'Lewis (5.00) acre tract end a interior corner cf said Compbell (113.407) acre lract; THENCE South 00' 40' 50~ West. at a distance of 812.3 feet passing on iron pipe found at a corner fence post, at a distance of 817,60 feet passing a 1 /2~ iron rod found in tho north line of oforescid prescriptive easement at old McMillon Rood, ond continuing on 0 total distance of 837.60 feet to a 5/8- iron rod found for corner at the sovtheost corner of said Lewis (5.00) acre troct and the common soulherly southwest corner of said Campbell (113.407) ocre tract. some being in the centerline of said old I.4cl.4iHon Rood, and being in lhe north line of that certain called (51.095) acre troct of land conveyed \0 Debra S. Thurmond by deed recoFded under County Clerl<.'s File No, 95- 0090832 ond correction deed under COlJ!lty Clerk.'s File No. 0017370; THENCe: along the centerline of said old McMillon Rood, ond the centerline of a 40 foot prescriptive rood easement, North 89' 4" 40. West. 0 distance of 16.65 feel to 0 5/8" iron rod found for corner a\ the northwest corner of said Thurmond (51.095) acre tract and the northeast corner af aforesaid Clayton/Cambridge Joint'Venture (115.155) acre trael and the northeast corner ot aforesaid dedicated 50 foot right-of-.....ay: THENCE continuing along the centerline of soid old McMillol1 Rood. and lhe south line of said 20 foot prescriplive rood easement ond the north line 01 said dedicated :)(J foot right-Of-way, North 89' .32' 35- West, a distance ot 247..35 feet to lhe POINT or PLACE OF BEGINNING ar.d CONTAINING 5.0669 ACRES or lANO, -whiCh includes 0,121 J ACRES OF' wm lying in said 20 toot pfescriptive rood eo:sement, tor 0 NET AREA OF 4.9455 ACRES OF lAND. more or less. THE WYLIE NEWS Covering Wylie, Sachse, Murphy and the surrounding area 110 N. Ballard St. P.O. Box 369 Wylie, Texas 75098 (972) 442-55) 5 Fax (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 County, Texas and having general circulation in Collin County, Texas, who being by me duly sworn deposed and says that the foregoing attached Cdu ok Wuue - Ond. # 99-38 was published in said newspaper on the following dates, to-wit: JaVL. 5 , 2000, and , 2000. ~ Chad Engbrock Subscribed and sworn to before me this the .1 t to certify which witness my hand and seal of office. day of , 2000, ""'."'':::'"'' /#y-~.:,...~ltt.~ ~.i E~~ \$;.-/...\\~$~ "',.,W..."'" AMY C. LEWIS MY COMMISSION IRES September 1 " Notary ublic in and for The State of Texas My Commission Expires rJ -l(; -;,!l(} / ORDINANCE NO. 99-38 AN ORDINANCE OF THE CITY OF WYLIE. TEXAS, AMENDING THE COMPREHENSIVE ZON- ING ORDINANCE OF THE CITY OF WYLIE, AS HERETOFORE A1\'fENDED, SO AS TO CHANGE THE ZONING ON THE HERE- INAFTER DESCRIBED PROPER- TY TO MF, MUL TI-FAMIL Y RESIDENTIAL DISTRICT CLAS- SIFICATION; PROVIDING FOR THE REPEAL OF ALL ORDI- NANCES IN CONFLICT; PRO- VIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE, ATTEST: John Mondy, Mayor ~2- j l-_~~~Y