Ordinance 2023-55 ORDINANCE NO. 2023-55
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF WYLIE,TEXAS,
RELEASING A PORTION OF THE CITY OF WYLIE'S EXTRATERRITORIAL
JURISDICTION, CONSISTING OF TRACT 14 AND TRACT 26 IN THE L.B.
OUTLAW SURVEY TOTALING 6.948 ACRES, COLLIN COUNTY, TEXAS,
GENERALLY LOCATED AT TROY ROAD AND ELIDA ROAD, COLLIN
COUNTY, TEXAS, AND CONTRACTING THE BOUNDARY LIMITS OF THE
CITY OF WYLIE'S EXTRATERRITORIAL JURISDICTION ACCORDINGLY;
PROVIDING A SAVINGS/REPEALING CLAUSE, SEVERABILITY CLAUSE
AND AN EFFECTIVE DATE.
WHEREAS,Robert W. Heath("Landowner")is the sole owner of real property within that certain
area of land consisting of 6.948f acres, being Tract 14 and Tract 26 located in the L. B. Outlaw Survey,
Collin County, Texas; and
WHEREAS,the Landowner submitted a Petition to the City of Wylie,Texas("Wylie"),requesting
a release of the Property from Wylie's extraterritorial jurisdiction, a copy of which is attached hereto as
Exhibit A; and
WHEREAS, the Landowner's Petition satisfies the requirements set forth in Texas Local
Government Code Section 42.103; and
WHEREAS,the City Council has investigated and determined that it would be advantageous and
beneficial to Wylie and its citizens and the Landowner to release the Property from Wylie's extraterritorial
jurisdiction under the authority of Chapter 42 of the Texas Local Government Code, including Section
42.023 and Section 42.103 of the Texas Local Government Code,and the Wylie City Charter; and
WHEREAS, the City Council finds that Wylie has complied with all requirements for the
consideration and adoption of this Ordinance pursuant to Chapter 42 of the Texas Local Government Code
and the Wylie City Charter; and
WHEREAS, the City Council finds that all legal notices, hearings, procedures and other
requirements for releasing the Property from Wylie's extraterritorial jurisdiction have been performed and
completed in the manner and form required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
WYLIE,TEXAS:
SECTION 1: Findings Incorporated.The findings set forth above are incorporated into the body
of this Ordinance as if fully set forth herein.
SECTION 2: Property Released from Extraterritorial Jurisdiction. The Property is hereby
released from Wylie's extraterritorial jurisdiction, and the boundary limits of Wylie's extraterritorial
jurisdiction are contracted accordingly. The City Manager and/or his designee shall take all necessary steps
to amend the official map of Wylie to show that the Property is released and removed from Wylie's
extraterritorial jurisdiction. No other release of or reduction in Wylie's extraterritorial jurisdiction is
intended except as expressly set forth in this Ordinance. A certified copy of this Ordinance shall be filed
in the County Clerk's Office of Collin County,Texas.
Ordinance No.2023-55 Releasing Area of Land from ETJ Tracts 14 and 26 L.B.Outlaw Survey Page 1 of 2
SECTION 3: Savings/Renealin .All provisions of any ordinance in conflict with this Ordinance
are hereby repealed to the extent they are in conflict,but such repeal shall not abate any pending prosecution
for violation of the repealed ordinance, nor shall the repeal prevent a prosecution from being commenced
for any violation if occurring prior to the repeal of the ordinance. Any remaining portions of said ordinances
shall remain in full force and effect.
SECTION 4: Severability. Should any section, subsection, sentence, clause or phrase of this
Ordinance be declared unconstitutional and/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. The
City Council hereby declares that it would have passed this Ordinance, and each section, subsection,
sentence, clause and phrase thereof regardless of the fact that any one or more sections, subsections,
sentences, clauses or phrases is declared unconstitutional and/or invalid.
SECTION 5: Effective Date.This Ordinance shall become effective from and after its adoption.
DULY PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE,
TEXAS on this 12th day of December,2023.
`
Matthew Porter, Mayor
ATTESTED TO AND ' £�
CORRECTLY RECORDED BY:
V"
r
Stephanie Storm, City Secretary
1 �
Ordinance No.2023-55 Releasing Area of Land from ETJ Tracts 14 and 26 L.B.Outlaw Survey Page 2 of 2
� OMIT A
ROW TT,TX
CIRCLE SURVEY PLAT BURNS
ROWLLTr,TX 75088 . . _.
FIRM REGISTRATION NO. 101943
66 -'I ,'
BARRY S. RHODES Registered Professional Land Surveyor (214) 326-1090
6 This is to certify that I hove, this date, made a careful and accurate survey on the ground of propert;
Szo located at No. TROY ROAD in the city of WYLIE Texe
3m - Being all that certain lot, tract or parcel of land located in the L.B. OUTLAW SURVEY,
LLa Abstract No. 676, City of Wylie (ETJ), Collin County, Texas, and being part of the
TUK DOSS AND some tract of land described in deed to Marcos F. Martinez, recorded in Volume
I YUVONNE DOSS, 4143, Page 3373, Official Public Records, Collin County, Texas, and being more
o- VOL 4178, PC. 2167, particularly described as follows:
D.R.C.C:I.
0
Beginning of a 1/2 inch iron rod found in Troy Road, at the Southwest corner of a
Net U tract of land described in deed to Tuk Doss and Yuvonne Doss, recorded in Volume
w N 89'28'41" E 79 .36 a 0 4178, Page 2167, Deed Records, Collin County, Texas, some being the Northwest
CO corner of said Marcos F. Martinez tract;
OA' p
In�) o.T 0 cn Thence North 89 deg. 28 min. 41 sec. East, a distance of 791.36 feet to a 1/2
Cr 0 3-7' MIN) '4 inch iron rod found in the Westerly line of tract of land described in deed to City of
�` Dallas, recorded in Volume 1198, Page 817, Deed Records, Collin County, Texas, at
o the Southeast corner of said Doss tract, some being the Northeast corner of said
z careK Martinez tract;
N 88'20'10" W (VACANT) \ q Thence South 08 deg. 59 min. 50 sec. East, along said Westerly line, a distance of
Q 169,236 SQUARE FEET "') 56.01 feet to a 4 inch brass disc found for corner;
w Q
a 30.00 3,B85 ACRES
o �
z� O L.B.OUTLAW SURVEY, Thence South 16 deg. 51 min. 11 sec. West, along said Westerly line, a distance of
ABSTRACT NO. 676
o N 334.00 feet to a 1/2 inch iron rod with a yellow plastic cap stamped "RPLS 3591"
set for corner;
ilip ^.. 4gjV
�v � oa,� Thence North 65 deg. 33 min. 05 sec. West, a distance of 741.49 feet to a 1/2
zo 0 inch iron rod with a yellow plastic cap stamped "RPLS 3691" set for corner;
MARCOS F,MARTINEZ, 47 ay ci
VOL 4QT J373 qs' Fo
0.R.0 Thence North 88 deg. 20 min. 10 sec. West, a distance of 30.00 feet to a 1/2 incl
utE iron rod with a yellow plastic cop stamped "RPLS 3691" set for corner in said Troy
Rood;
T WIN ! Thence North 01 deg, 39 min. 50 sec. East, along said rood, a distance of 60.03
feet to the PLACE OF BEGINNING and containing 169,236 square feet or 3.885 acres
3'METAL 'sj 3'METAL of land.
�
POST
S.M.CORNER of $E.toBNEN of
1 MMTINEZ 11ACT MICHAEL MOUSER AND JOANN MOUSER, VARTYEZ 1110IICT
INST. NO. 20200127000112880,
O.P.R.C.C.T,
APP RYA/ CA N _. _ _ _..... __-
Lei
ACCEPTED BY:.
L ww crsmtle
_ The plat hereon is true,correct,and accurate lip—writaI of the property
k+� as determined by survey,the Ines and dmens;ons of said property being as RCOD tOItt ror OF
indicated by the platAhe sae,location and type of building and improvements � 4A06 Si O Tf
are as shown,all improvements being within the boundaries of the property,set ref OG--1111-` y'E*+`~CjIt Tq'p't•%
° back from property lines the distance indicated.or visible and apparent easements. M.
IIPNA10R R I{91b FRJeN ' YJ':,
' TITLE AND ABSTRACTING WORK FURNISHED BY LAWYERS TITLE a?tt/Ay'IeW epp 40 .............. .s-,,,•
THERE ARE NO ENCROACHMENTS,CONFLICTS, OR PROTRUSIONS,EXCEPT AS SHOWN, rTgT 1, 1VQY6�-
Scalc: I'= 100' USE OF THIS SURVEY FOR ANY OTHER PURPOSE .. . ..Yf
Dole: 01/27/2022 OR OTHER PARTIES SHALL BE AT THEIR RISK AND -PR LPL to" ♦M1 l
PROPERTY SUBJECT TO UNDERSIGNED IS NOT RESPONSIBLE TO OTHER FOR �. 1Z-117C1rC �••,•y 14,?,a
EASEMENTS 6 RESTRICTIONS C. F. N.,lT-N A.Wt3F91bG612 ANY LOSS RESULTING THEREFROM. 4_ � .
VOL. 2541, PG.807; THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR y.rRR Q jO ,eK SUR`n'
VOL. 2541. PG.825: MRD'S SHOWN HEREON ARE BASIS Job no: 201909376-04 LAWYERS TITLE 'C- �M Y-YFR nlllll
VOL, 5374, PG.6115; FOR DIRECTIONAL CONTROL Drown by. To 11MZ$S OOP��
Being all that certain lot,tract or parcel wf land located in the LQJ]udaw Survey Abstract No.676,City
of Wylie/ET]i Collin County,Texas,and being part nf the same tract of land described in deed tnMarcos
F. Martinez,recorded im Volume 4143 page 3373,Official Public Records, Collin County,Texas,and being
more particularly described asfollows:
Beginning at a Y2 inch iron rod found in Troy Road, at the Southwest corner of a tract of land described in
deed toTuh Doss and Yuvonne Doss, recorded in Volume 417B, Page 2167, Deed Records,Collin County,
Texas,same being the Northwest corner of said Marcos F. Martinez tract;
Thence NQ9 deg.28 min.41sec. East,a distance of791.36 feet toa)K inch iron rod found inthe
Westerly line of tract of land described in deed to the City of Dallas, recorded in Volume 1198,page 817,
Deed ofRecords,Collin County,Texas,at the Southwest corner of said Doss tract,same being the
Northwest corner ofsaid Martinez tract;
Thence South OO deg. 59 min. 5Osec. East,along said Westerly line, a distance of56.U1 feet toa4inch
brass disc found for corner;
Thence South 16 deg. 51 min. 11 sec.West,along said Westerly line,a distance of 334.00 feet to a Y2
inch iron rod with a yellow plastic cap stamped "RPLS 3691" set for a corner; r
Thence North 65 deg. 33 min.O5sec. West, a distance of741.49 feet tomQ inch iron rod with aplastic *�0
cap stamped°RPLS3691"set for acorner;
Thence North 88 deg.20 min. 10 sec.West a distance of 30 feet to a Yz inch iron rod with a yellow plastic
cap stamped "RPLS3691" set in the corner in said Troy Rd
Thence North O1 deg. 39 min. 5Osec. East,along said road,a distance of6O.03 feet to the PLACE OF
BEGINNING and containing 169'236 square feet or3.085acres
ROW T IN 7508 DGE CIRCLE SURVEY PLAT BURNS
PT.f,TX
FIRM REGISTRATION NO. 10194366 +
BARRY S. RHODES Registered Professional Land Surveyor (214) 326-1090
This is to certify that I hove, this date, made a careful and accurate survey on the ground of property
located at No. TROY ROAD in the city of WYLIE Texas
o Being all that certain lot, tract or parcel of land located in the L.B. OUTLAW SURVEY,
m Abstract No. 676, City of Wylie (ETJ), Collin County, Texas, and being part of the
7UK DOSS AND some tract of land described in deed to Marcos F. Martinez, recorded in Volume
YIAIONNE DOSS. 4143, Page 3373, Official Public Records, Collin County, Texas, and being more
wL 4178.PG. 2167, particularly described as follows:
D,R.C,C.T.
Beginning at a 1/2 inch iron rod found in Troy Road at the Northwest corner of a
tract of land described in deed to Michael Mouser and Joann Mouser, recorded in
Instrument No. 20200127000112880, Official Public Records, Collin County, Texas,
if 1 some being the Southwest corner of said Martinez tract;
S 88'20'10" E Thence North 01 deg. 39 min. 50 sec. East, along said road, a distance of 338.17
30.00' \ _ WRID feet to a 1/2 inch iron rod with a yellow plastic cap stamped "RPLS 3691" set for
CREEK corner;
�- Thence South 88 deg. 20 min. 10 sec. East, a distance of 30.00 feet to a 1/2 inch
iron rod with a yellow plastic cap stamped "RPLS 3691" set for corner;
MMCOS F, MARTINEZ,
co V L dN Pc.sin. Thence South 65 deg. 33 min. 05 sec. East, a distance of 741.49 feet to a 1/2 Q 7 D.R 4u3..C.C.7 inch iron rod with a yellow plastic cap stamped "RPLS 3691" set in the Westerly line
m
of a tract of land described in deed to City of Dallas, recorded in Volume 1198,
G s 33• Hm Page 817. Deed Records, Collin County, Texas;
Og,
} w Thence South 16 deg. 51 min. 11 sec. West, a distance of 25.00 feet to a 1/2 inch
ry
a_ Q_ (VACANT)
14 iron rod found at the Northeast corner of said Mouser tract, some being the
r Q 133,414 SQUARE FEET -4g• Southeast corner of said Martinez tract;
U1 3.063 ACRES
Le.OUTLAW N0.676 SURVEY,
ABSTRACT Thence South 89 deg. 29 min. 11 sec. West, a distance of 707.59 feet to the PLACE
i 3 OF BEGINNING and containing 133,414 square feet or 3.063 acres of land.
Z
TRefFIC '�O
gp4 O
3'l4ETAL v7 to
S'METAL rPOS'i TO N
s S 89*29'11 W 707.59' wR
MICHAEL MOUSER AND JOANN MOUSER, 1�R
61NA8 8 INST. NO. 20200127000112880 4'
1-n O.P,R.C.C.T. yy��
PPPROxIMATE LOCATION _ _ _
OF COUNTY LINEI m
I
S.W CORNER Of ACCEPTED BY:
MOUSER TRACT
MOUSER TRACT I. A 9�"s i ids
The plot hereon 1e true,ca-t,and —rate representation of the property
as do armload by survey,the llnee and dim—ions of Bald property being as 0091 MCI OF
Indicated by the platthe sU.,location and type of building and Improvement. I/G '1�
1116i
on as shown,all Improvamente being rithin the baundad-of the property, set eL[MCC-If-" °' M~ ,�p1•TE'p_ 7�
bock from property lines the distance indicated,or visible and apparent easements. ieF '[Q
NO-IMMMt9 6 RIIDIOf Oelfn
TITLE AND ABSTRACTING WORK FURNISHED BY LAWYERS TITLE y/yNs'' sa eao
THERE ARE NO ENCROACHMENTS.CONFLICTS,OR PROTRUSIONS.EXCEPT AS SHOWN.
Scale: 1'm 100' USE OF THIS SURVEY FOR ANY OTHER PURPOSE y�ws�as 1 V"'
Date: 01/27/2022 OR OTHER PARTIES SHALL BE AT THEIR RISK AND i7t tee,Rl"
PROPERTY SUBJECT TO UNDERSIGNED IS NOT RESPONSIBLE TO OTHER FOR -9 m V-rpII
EASEMENTS @RESTRICTIONS G. F. No.:LT-19135-i901352100542 ANY LOSS RESULTING THEREFROM. -rA9 sLea x-10101 ME 'Y SOR
VOL 2541,PG.807; THIS SURVEY WAS PERFORMED EXCLUSIVELY FOR L�1e81MR -R1d4[
VOL 2541, M 825; MRD'S SHOWN HEREON ARE BASIS Job no.: 201 90 9 37 5-04 LAWYERS TnLE IW tp[
VC
5374,PG. 8115; FOR DIRECTIONAL CONTROL Drown by: 70 Ywa[ YY
Being all that certain lot,tract or parcel of land located in the L.B.Outlaw Survey,Abstract No.676,City
of Wylie(ET]),Collin County,Texas and being part ofthe same tract of land described in deed toMarcos
F. Martinez, recorded |n Volume 4143 page 3373,Official Public Records,Collin County,Texas,and being
more particularly described as follows:
Beginning at a Y2 inch iron rod found in Troy Road at the Northwest corner of a tract of land described in
deed to Michael Mouser and Joann Mouser, recorded in instrument No.20200127000112880,Official
Public Records,Collin County,Texas,same being the Southwest corner of said Martinez tract;
Thence North 01deg. 39 min. 5Q sec. East,along said road,a distance of33Q.17 feet tpaY2 inch iron rod
with a yellow plastic cap stamped ^RPLy3691"set for corner;
Thence South O8deg.3] min.OS sec. East, a distance of741.49 feet boaY2 inch iron rod with ayellow
plastic cap stamped"RPLs 3691" set in the Westerly line of a tract of land described in deed to City of
Dallas, recorded in Volume 1198, Page 817, Deed Records, Collin County,Texas;
Thence South 16 deg. 51 min, 11 sec. West,a distance of2Sfeet toa8 inch iron rod found atthe
Northeast corner of said Mouser tract,same being the Southeast corner of said Martinez tract;
Thence South 89 deg.29 min. 11 sec.West,a distance of 707.59 feet to the PLACE OF BEGINNING
133,414 square feet or3.O6] acres ofland. --�
^
Collin County
Honorable Stacey Kemp
Collin County Clerk
*VG-69-2023-2023000147441*
Instrument Number: 2023000147441
Real Property
ORDINANCE
Recorded On: December 28, 2023 10:33 AM Number of Pages: 7
" Examined and Charged as Follows: "
Total Recording: $46.00
***********THIS PAGE IS PART OF THE INSTRUMENT***********
Any provision herein which restricts the Sale, Rental or use of the described REAL PROPERTY
because of color or race is invalid and unenforceable under federal law.
File Information: Record and Return To:
Document Number: 2023000147441 CITY OF WYLIE
Receipt Number: 20231228000211 300 COUNTRY CLUB BLDG #100
Recorded Date/Time: December 28, 2023 10:33 AM
User: Devon O WYLIE TX 75098
Station: Station 4
STATE OF TEXAS
1 C Collin County
I hereby certify that this Instrument was filed in the File Number sequence on the date/time
printed hereon,and was duly recorded in the Official Public Records of Collin County,Texas
Honorable Stacey Kemp
� � * Collin County Clerk
Collin County, TX ;4PUV6 �