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Ordinance 2002-03 ORDINANCE NO.~~ - 0 ~ 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, ZONING CASE NUMBER 2001-20, TO COMMERCIAL CORRIDOR (CC) 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 Commercial Corridor (CC) 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 That all ordinances of the City in conflict with the provisions of this ordinance be, and the same are hereby, repealed and all other ordinances of the City not in conflict with the provisions of this ordinance shall remain in full force and effect.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 for 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 of this ordinance. DULY PASSED Texas, this 8 day 0 APPROVED by the City Council of the City of Wylie, ,2002. ATTEST: Barbara By John ~.' . <'.i, ;"- .(:",~ .;9> /7 CJ(/ r l.... \\. '- Exhibit "A" Property Description ZC #2001-20 Being a tract ofland situated in the S.B. Shelby Survey, Abstract No. 820, City of Wylie, Collin County, Texas and being the same property as conveyed to the City of Wylie by deed recorded in Volume 279, Page 511, Deed Records, Collin County, Texas, being the same property as conveyed to Gary E. Bowland, Charlotte A Bowland, Martin L. Anderson and Susan M. Anderson by deed recorded under County Clerk's File Number 99-0048505, Deed Records, Collin County, Texas, being the same property as conveyed to Universal Transformer Co. by deed recorded in Volume 594, Page III and Volume 724, Page 29, Deed Records, Collin County, Texas, being the same property as conveyed to Ronald C. Dow by deed recorded in Volume 1806, Page 902, Deed Records, Collin County, Texas, being the same property as conveyed to Wylie Economic Development Corporation by deed recorded in Volume 4572, Page 3563, Deed Records, Collin County, Texas, being all of Lot 1 and Lot 2, Block A, of Walgreens - Wylie Addition, an Addition to the City of Wylie, according to the plat thereof recorded in Cabinet N, Slide 378, Map Records, Collin County, Texas, being all of Wylie Industrial Park, an Addition to the City of Wylie, according to the plat thereof recorded in Volume 8, Page 55, Map Records, Collin County, Texas, being part of a tract ofland conveyed to Collin County by deed recorded in Volume 4980, Page 2156, Deed Records, Collin County, Texas, being part ofD.ART. RO.W. (100' RO.W.), being part of old State Highway No. 78 RO.W. (120' RO.W.) and being part ofF.M. Highway No. 544 RO.W. (120' RO.W.) and being more particularly described as follows: Beginning at a point in the centerline ofD.ART. RO.W. (100' RO.W.) and being North 03022'41" East, a distance of 50.18 feet from the northwest corner of said City of Wylie tract; Thence, North 88028'25" East, along the centerline of said D.ART. R.O.W. and parallel to the north line of said City of Wylie tract and the north line of said Wylie Industrial Park, a distance of 816.61 feet to a point for the beginning of a curve to the left having a central angle of 21052'42", a radius of 1,489.87 feet and a chord which bears North 77032'04" East, a distance of 565.46 feet; Thence, northeasterly, along the centerline of said D.AR. T. R O. W. and parallel to the north line of said City of Wylie tract, the north line of said Wylie Industrial Park and the northerly line of said Wylie Economic Development Corporation tract, an arc distance of568.91 feet to a point for corner, said point being North 19016'25 " West, a distance of 50.13 feet from the north corner of said Wylie Economic Development Corporation tract; Thence, South 19016'25" East, along the easterly line of said Wylie Economic Development Corporation tract and the westerly line of a tract of land conveyed to Mary G. Hughes by deed recorded under County Clerk's File Number 97-0076894, Deed Records, Collin County, Texas, a distance of 513.92 feet to a point in the old centerline of State Highway No. 78 (old 120' R.O.W.); Thence, South 51044'46" West, (Basis of Bearings - Volume 4980, Page 2156) along the old centerline of State Highway No. 78 (old 120' RO.W.) and parallel to the southeasterly line of said Wylie Economic Development Corporation tract and the southeasterly line of said Lot 2, @ Block A, ofWalgreens - Wylie Addition, a distance of 1,075.89 feet to the intersection of the old centerline of State Highway No. 78 (old 120' RO.W.) and the centerline ofF.M. Highway No. 544 (120' RO.W.); Thence, North 88037'55" West, along the centerline ofF.M. Highway No. 544 (120' R.O.W.) and parallel to the south line of said Lot 1, Block A, ofWalgreens - Wylie Addition and the south line of said Gary E. Bowland, Charlotte A Bowland, Martin L. Anderson and Susan M. Anderson tract, a distance of 751. 83 feet to a point for corner; Thence, North 03022'41" East, along the west line of said City of Wylie tract, a distance of 991.21 feet to the Point of Beginning and containing 1,318,930 square feet or 30.278 acres of land. THE WYLIE NEWS Covcring Wylic, Sachsc, Murphy arullhe surrounding arca 110 N. Ballard St. P.O. Box 369 Wylie. Texas 75098 972.442.5515 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 ~L- ora. ~DO~ -Q,3 was published in said newspaper on the following dates, to-wit: Jon. t G , 2002, and , 2002. ~- Subscribed and sworn to before me tbis the L\- th day of F Qj) tl.LO r ~ to certify which witness my hand and seal of office. ,2002, _.n'~ "''>f,'"':''' ~ It,THL'-SN S. NOBLE Io,.!t 1ry Public S,'O") of Texas My C(';,m Exp.03-03-2004 Notary Public in and for The State of Texas My Commission Expires 3}C+ (