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Ordinance 2002-19 Ordinance No. A9,2_-19 9 AN ORDINANCE ANNEXING A CERTAIN 52.291 ACRE TRACT OUT OF THE '_ DUKE STRICKLAND SURVEY, ABSTRACT 841 AND THE I. CLIFTON SURVEY, ABSTRACT No. 193, CITY OF WYLIE, 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 BY THE ACTS AND ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPTED; — PROVIDING FOR A PENALTY FOR A VIOLATION OF THIS ORDINANCE AND COMPREHENSIVE ZONING ORDINANCE NO. 2001-48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDINANCE; AND PROVIDING FOR THE PUBLICATION OF THE CAPTION THEREOF. alN WHEREAS, the City Council of the City of Wylie, Texas ("City Council") under the authority o of Section 43.021. Local Government Code and the 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 43.063, Local 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 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 that 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 finds it has completed the annexation process within ninety (90) days after the City instituted the 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 in "Exhibit A" and all public streets, roadways and alleyways located within or contiguous to the same is hereby annexed to Wylie and zoned as "BC" Business Center. SECTION 2: The Service Plan for the Property is attached hereto as `Exhibit 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. 2001-48, 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. 2001-48, and any amendments thereto. SECTION 6: Any person, firm or corporation who violates any provision of this Ordinance and Comprehensive Zoning Ordinance No. 2001-48, and any amendment 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 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. 2001-48, and any amendments thereto, be declared unconstitutional or invalid by any 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 force and efe..C.f SECTION 9: The caption of this Ordinance shall be published in accordance with the law and the City Charter and shall be effective immediately upon its passage or as required by law. 111 PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS on this J 1day o ,2002. / -.. JOHN MO 6 ,Mayor AITESTED TO AND. • ' ' CTLY RECORDED BY: V. ' / • / • �`-04 0:. J J �/ 'SFS B•(' :ARA .AL P i AS, City Secretary f /SEAL ', --1-;i t. 3 t ; S4 �fy ! TE`P.. \ rE Exhibit"A" Being a tract of land situated in the Duke Strickland Survey, Abstract 841 and the I. Clifton Survey, IAbstract No. 193, City of Wylie, Collin County, Texas and being all of Tract I a 34.412 acre tract of land and all of Tract II a 0.476 acre tract of land as conveyed to R. Richard Parker and Ben L. Scholz by deed recorded in Volume 4708, Page 1628, Deed Records, Collin County, Texas,being all of a 5.00 acre tract of land conveyed to Barry Patrick and Sue Patrick by deed recorded in Volume 4719, Page 1985, Deed Records, Collin County, Texas, being part of Tract B a 15.296 acre tract of land conveyed to F. O. Birmingham Memorial Land Trust by deed'recorded under County Clerk's File Number 92- 0091825, Deed Records, Collin County, Texas,being all of a 5.73 acre tract of land conveyed to RSR, LLC by deed recorded in Volume 5120, Page 3027, Deed Records, Collin County, Texas, being all of a 1.16 acre tract of land conveyed to Barry Patrick and Sue Patrick by deed recorded in Volume 4802, Page 1679, Deed Records, Collin County, Texas, being all of a tract of land conveyed to the City of Wylie by deed recorded in Volume 5120, Page 3021, Deed Records, Collin County, Texas and being all of Tract E (remainder tract) as conveyed to F.O. Birmingham Memorial Land Trust by deed recorded under County Clerks File Number 92-0091825, Deed Records, Collin County, Texas and being more particularly described as follows: BEGINNING at the northwest corner of said Parker and Scholz Tract I; THENCE, South 87_deg. 43'49" East, along the north line of said Parker and Scholz Tract I, a distance of 1435.05 feet to a point for corner on the southerly right-of-way line of F.M. 544 (120' R.O.W.) a being in a curve to the left having a central angle of 04 05'57", a radius of 5789.58 feet and a chord which bears South 74 08'24"East, a distance of 414.13 feet; ITHENCE, Southeasterly along the southerly right-of-way line of F.M. 544 (120' R.O.W.) a said curve to the left, an arc distance of 414.21 feet to a concrete right-of-way monument found for corner; THENCE, South 39 deg. 45'49" East, along the southerly right-of-way line of F.M. 544 (120'RO.W.), a distance of 31.91 feet to the northwest corner of said Parker and Scholz Tract II; THENCE, South 40 deg. 14'13" East, along the southerly right-of-way line of F.M. 544, a distance of 48.40 feet to a re-entrant corner of said Parker and Scholz Tract II; THENCE, South 76 deg. 2723" East, along the southerly right-of-way line of F.M. 544 and a north line of said Parker and Scholz Tract II, a distance of 27.65 feet to the northeast corner of said Parker and Scholz Tract II and being on the westerly right-df--way line of Sanden Boulevard (55' RO.W.) as dedicated by Final Plat Sanden Addition, an Addition to the City of Wylie, Collin County, Texas by plat recorded in Cabinet G,Page 543,Map Records, Collin County,Texas; THENCE, southerly, along the west right-of-way line of Sander Boulevard (55' R.O.W.), the east line of said F.O. Birmingham Memorial Land Trust Tract E remainder tract, the east line of said City of Wylie 0.467 acre tract,the east line of Barry Patrick 1.16 acre tract the following: South 03 deg. 58'22"East, a distance of 674.73 feet to a point for corner; South 03 deg. 40'22"West, a distance of 240.74 feet to a point for corner; 111 South 05 deg. 14'18"West, a distance of 339.79 feet to a point for corner; South 04 deg. 1733"West, a distance of 882.62 feet to a point for corner; South 01 deg. 13'23" West, a distance of 86.99 feet to a point for the southeast corner of said F.O. Birmingham Memorial Land Trust Tract E; THENCE, North 87 deg. 59'14" West, along the south line of said F.O. Birmingham Memorial Land Trust Tract E, a distance of 32.83 to a point for corner being in a curve to the left having a central angle of 00 02'21", a radius of 3756.44 feet and a chord which bears North 03 25'55" East a distance of 2.57 feet; THENCE, northwesterly, along the west line of said F.O. Birmingham Memorial Land Trust Tract E and said curve to the left, an arc distance of 2.57 feet to the end of said curve; THENCE, North 03 deg. 24'45" East, along the west line of said F.O. Birmingham Memorial Land Trust Tract E, a distance of 86.45 to the southeast corner of said Barry Patrick 5.00 acre tract; THENCE, northwesterly, along the westerly lines of said Barry Patrick 5.00 acre tract, the southerly lines of said Parker and Scholz Tract I and the meanders of Muddy Creek as follows: North 78 deg. 36'15"West, a distance of 100.81 feet to a point for corner; North 14 deg. 40'30"West, a distance of 115.00 feet to a point for corner; North 26 deg. 36'00"East, a distance of 228.60 feet to a point for corner; North 61 deg. 12'30"West, a distance of 203.40 feet to a point for corner; North 32 deg. 54'55" East, a distance of 53.50 feet to a point for corner; North 57 deg. 34'50"East, a distance of 73.30 feet to a point for corner; North 53 deg. 59'30"West, a distance of 135.00 feet to a point for corner; North 12 deg. 51'15"West, a distance of 108.00 feet to a point for corner; South 73 deg. 14'40"East, a distance of 20.00 feet to a point for corner; North29 deg. 13'15"West, a distance of 104.00 feet to a point for corner; North 82 deg. 34'00"West, a distance of 138.00 feet to a point for corner; North 49 deg. 00'10"West, a distance of 68.45 feet to a point for corner; North 22 deg. 06'04"West, a distance of 151.05 feet to a point for corner; North 45 deg. 55'34"West, a distance of 248.50 feet to a point for corner; North 69 deg. 32'04"West, a distance of 366.50 feet to a point for corner; North 20 deg. 49'44"West, a distance of 90.00 feet to a point for corner; North 21 deg. 14'21"East, a distance of 110.00 feet to a point for corner; North 58 deg. 52'34"West, a distance of 121.60 feet to a point for corner; South 14 deg. 56'26"West, a distance of 121.00 feet to a point for corner; North 75 deg. 0674"West, a distance of 117.90 feet to a point for corner; North 19 deg. 28'09"West, a distance of 70.00 feet to a point for corner; South 76 deg. 27'26"West, a distance of 181.80 feet to a point for corner; North 10 deg. 43'41"East, a distance of 114.80 feet to a point for corner; North 56 deg. 54'59"West, a distance of 208.30 feet to a point for corner; North 17 deg. 36'33" East, a distance of 173.70 feet to a point for corner; North 44 deg. 50'04"West, a distance of 73.00 feet to a point for corner; South 45 deg. 51'51"West, a distance of 76.81 feet to a point for corner; South 42 deg. 49'41"West, a distance of 93.10 feet to a point for corner; South 72 deg. 55'58" West, a distance of 108.18 feet to a point for the southwest corner of said Parker and Scholz Tract I; . THENCE, North 04 deg. 15'46" East, along the west line of said Parker and Scholz Tract I, a distance of 600.71 feet to the Point of Beginning and containing 52.291 acres of land. Exhibit"B" CITY OF WYLIE,TEXAS SERVICE PLAN FOR ANNEXED AREA ANNEXATION ORDINANCE NO.: 20b2- 11 DATE OF ANNEXATION ORDINANCE: ( U9 US4" I3 r 2-002- ACREAGE ANNEXED: 52.291 acres SURVEY, ABSTRACT & COUNTY: Duke Strickland Survey, Abstract 841 and the L Clifton Survey,Abstract No. 193,City of Wylie,Coffin County,Texas Municipal Services to the acreage described above shall be furnished by or on behalf of the City of Wylie, Texas(the"City"), at the following levels and in accordance with the following schedule: A. POLICE SERVICE 1. Patrolling, responses to calls and other routine police services, within the limits of existing personnel and equipment and in a manner consistent with any of the methods of the City, extends police service to any other area of the municipality, will be provided within sixty(60)days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient police personnel and equipment will be provided to furnish this area the maximum level of police services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half (4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area, the same level of police services will be provided to this area as are furnished throughout the City. B. FIRE SERVICES 1. Fire protection by the present personnel aid the present equipment of the Fire Department, within the limitations of available water and distances from existing fire stations, and in a manner consistent with any of the methods of the City, extends fire service to any other area of the municipality, will be provided to this area within sixty (60) days of the effective date of the annexation ordinance. 2. As development and construction commence in this area, sufficient fire and emergency ambulance equipment will be provided to furnish this area the maximum level of fire services consistent with the characteristics of topography, land utilization and population density within the area as determined by the City Council within four and one-half(4-1/2) years from the effective date of the annexation ordinance, or upon commencement of development within the area,whichever occurs later. 3. Upon ultimate development of the area, the same level of fire and emergency ambulance cervinea will he nrnviderl to this area ac are fiirniched thrnnvhnnt the City C. ENVIRONMENTAL HEALTH AND CODE ENFORCEMENT SERVICES 1. Enforcement of the City's environmental health ordinances and regulations, including but not limited to, weed and brush ordinances, junked and abandoned vehicle ordinances and animal control ordinances, shall be provided within this area sixty (60) days of the effective date of the annexation ordinance. These ordinances and regulations will be enforced through the use of existing personnel. 2. Complaints of ordinance or regulation violations within this area will be answered and investigated within sixty(60)days of the effective date of the annexation ordinance. 3. Inspection services, including the review of building plans, the issuance of permits and the inspection of all buildings, plumbing, mechanical and electrical work to ensure compliance with City codes and ordinances will be provided within sixty (60) days of the effective date of the annexation ordinance. Existing personnel will be used to provide these services. 4. The City's zoning, subdivision, sign and other ordinances shall be enforced in this area beginning within sixty(60)days of the effective date of the annexation ordinance. 5. All inspection services furnished by the City, but not mentioned above, will be provided to this area beginning within sixty (60) days of the effective date of the annexed ordinance. 6. As development and construction commence in this area, sufficient personnel will be provided to furnish this area the same level of Environmental Health and Code Enforcement Services as are furnished throughout the City. D. PLANNING AND ZONING SERVICES The planning and zoning jurisdiction of the City will extend to this area within sixty (60) days of the effective date of the annexation ordinance. City planning will thereafter encompass this property, and it shall be entitled to consideration for zoning in accordance with the City's Comprehensive Zoning Ordinance and Comprehensive Plan. E. PARK AND RECREATION SERVICES 1. Residents of this property may utilize all existing park and recreational services, facilities and sites throughout the City, beginning within sixty (60) days of the effective date of the annexation ordinance. 2. Additional facilities and sites to serve this property and its residents will be acquired, developed and maintained at locations and times provided by applicable plans for providing parks and recreation services to the City. 3. Existing parks, playgrounds, swimming pools and other recreational facilities within this property shall, upon dedication to and acceptance by the City, be maintained and operated by the City of Wylie,but not otherwise. F. SOLID WASTE COLLECTION 1. Solid waste collection shall be provided to the property in accordance with existing City policies, beginning within sixty (60) days of the effective date of the annexation ordinance. Residents of this property utilizing private collection services at the time of annexation shall continue to do so until it becomes feasible because of increased density of population to serve the property municipally. Commercial refuse collection services will be provided to any business located in the annexed area at the same price as presently provided for any business customer within the City,upon request. 2. As development and construction commence in this property and population density . increases to the property level, solid waste collection shall be provided to this property in accordance with the current policies of the City as to frequency, changes and so forth. 3. Solid waste collection shall begin within sixty (60) days of the effective date of the annexation ordinance. G. STREETS 1. The City's existing policies with regard to street maintenance, applicable throughout the entire City, shall apply to this property beginning within sixty (60) days of the effective date of the annexation ordinance. Unless a street within this property has been constructed or is improved to the City's standards and specifications, that street will not be maintained by the City. 2. As development, improvement or construction of streets to City standards commences within this property, the policies of the City with regard to participation in the costs thereof', acceptance upon completion and maintenance after completion,shall apply. 3. The same level of maintenance shall be provided to streets within this property which have been accepted by the City as is provided to City streets throughout the City. 4. Street lighting installed on streets improved to City standards shall be maintained in accordance with current City policies. H. WATER SERVICES 1. Connection to existing City water mains`for water service for domestic, commercial and industrial use within this property will be provided in accordance with existing City policies. Upon connection to existing mains, water will be provided at rates established by City ordinances for such service throughout the City. 2. As development and construction commence in this property, water mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable ordinances and regulations. City participation in the costs of these extensions shall be in accordance with the applicable City ordinances and regulations. Such extensions will be commenced within two (2)years from the effective date of the annexation ordinance and substantially completed with four and one-half(4 1/2)years after that date. 3. Water mains installed or improved to City standards which are within the annexed area and are within dedicated easements shall be maintained by the City of Wylie beginning within sixty(6(11 davc of the effective date of the annexation ordinance 4. Private water lines within this property shall be maintained by their owners in accordance with existing policies applicable throughout the City. L SANITARY SEWER SERVICES 1. Connections to existing City sanitary sewer mains for sanitary sewage service in this area will be provided in accordance with existing City policies. Upon connection, sanitary sewage service will be provided at rates established by City ordinances for such service throughout the City. 2. Sanitary sewage mains and/or lift stations installed or improved to City standards, located in dedicated easements, and which are within the annexed area and are connected to City mains will be maintained by the City of Wylie beginning within sixty (60)days of the effective date of the annexation ordinance. 3. As development and construction commence in this area, sanitary sewer mains of the City will be extended in accordance with provisions of the Subdivision Regulations and other applicable City ordinances and regulations. Such extensions will be commenced within two (2) years from the effective date of the annexation ordinance and 1 substantially completed within four and one-half(4 1/2)years after that date. J. MISCELLANEOUS 1. Any facility or building located within the annexed area and utilized by the City in providing services to the area will be maintained by the City commencing upon the date of use or within sixty (60) days of the effective date of the annexation ordinance, whichever occurs later. 2. General municipal administrative services of the City shall be available to the annexed area beginning within sixty(60) days of the effective date of the annexation ordinance. 3. Notwithstanding, anything set forth above, this Service Plan does not require all municipal services be provided as set forth above if different characteristics of topography, land use and population density are considered a sufficient basis for providing different levels of service. 4. The Service Plan is valid for ten(10)years from the effective date of this Ordinance. WYLIE INDEPENDENT SCHOOL DISTRICT \ TRACT 1 P. 9.9031 ACRES CCS 96-0011 2337 , FRANCES B. WELLS � -- VOL 90, PG. 136 \ 5g „N ori CHARD P.: ARID :....:....::: :........::. ;BEN L SCHOLZ•:::::...:. .. : F.O. BIRMINGHAM ............................................................................................. . SCHOOL DISTRICT :D• RICHARD PARKER'• BRAC•!' II 0.48 ACRE3'• EE INDEPENDENT . SEN L SC$OLZ ;'.;;.';;::";':;;';.:;';':'110E 4708, PG. 1629.^:::':::. MEMORIAL LAND TRUST TRACT I ••'•TRACT I 34.412 ACRES:.:::::::::::::::::::::.: ::::::.: .: ::::. ::. ::: • TRACT E REMAINDER TRACT 33.8983 ACRES ;VOL 4708, PG. 1028: :.'3 CC# 92-0091825 CC# 96-0012338 ••. n • I 411. y :;:WMORIAL LAND.TRUST..:.:. I •.•I•RACT B:::. :. :::::. G4 ..... •' REMAINDER TRACT'.::::. ..7.7.7.7.......7.7.7.7................ ........ COSI( CC{� 92-0001626:::::::. 11) z I THE WYLIE INDEPENDENT SCHOOL A DISTRICT BOARD OF TRUSIJES B 8888 ACRES '• '••• p" CC# 95-0042788 •• %%H.7.7.7:4.988 ACRES. ::: m c.E, ;VOL 5120, PG. 3027,..Y... �-1 CTPD OF BYLAW'... W V]V ....... ...0:4ACRES::.• . 'VOL. 61212 0, PG. 3021;• • THE WYLIE INDEPENDENT SCHOOL DISTRICT •'•BARRY PATRICK:: : :' TRACT A • ..•,•:......;;;;..5.00 ACRES•::: • m 37.247 ACRES •:::.VOL 4719: PG. 1985.' m CC# 92-0092802 • ••••• ••••• •• • Eui R.. wan o i• rPPEWR ►1Tf1T1 T PTAT. PAAN ___ _ _ After Recording Return To: City of Wylie Attn:Stephanie Storm 300 Country Club Rd.#100 Wylie,TX 75098 �FfI—w and Recorded Official Public Records Stacey Kemp, County Clerk Collin County, TEXAS 03/13/2017 11:16:21 AM $66.00 CJAMAL 20170313000317780 I THE WYLIE NEWS l:overing Wylie, Sachse, Murphy and the surrounding area ---~-------,--_._-_._-------_.- ----~ 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 pubi~Qat~on 06 ond~nanQe~ 2002-12 thnough 2002-20 was published in said newspaper on the following dates, to-wit: Auq. 28 , 2002, and ,2002. ~. Cha. j ~brock Subscribed and sworn to before me this the 5th to certify which witness my hand and seal of office. day of Sept. , 2002, JJifi 9. &r;i ~b~i~R N tary Public in and for ,axas TeState of Texas J. 07-31-05 :''''::/;:>>", My Commission Expires 1-3/-05 2002-19 AN ORDINANCE ANNEXING A CERTAIN 52.291 ACRE TRACT OUT OF THE DUKE STRICKLAND SURVEY, ABSTRACT 841 AND THE 1. CLIFTON SUR- VEY. ABSTRACT No. 193, CITY OF WYLIE, 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 ORDINANCES NOW IN EFFECT AND HEREAFTER ADOPT- ED; PROVIDING FOR A PENALTY FOR A VIO- LATION OF THIS ORDI- NANCE AND COMPRE- HENSIVE ZONING ORDINANCE NO. 2001- 48; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; PROVIDING FOR AN EFFECTIVE DATE OF THE ORDI- NANCE; AND PROVID- ING FOR THE PUBLI- CATION OF THE CAP- TION THEREOF. John Mondy, Mayor Attest: Barbara Salinas City Secretary