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Ordinance 2013-22013 03:15:25 PM 00 1/11 ORDINANCE NO. 2013-22 AN ORDINANCE ANNEXING A CERTAIN 8.052 ACRE TRACT OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NO. 688, COLLIN COUNTY, TEXAS AND MORE PARTICULARLY, BEING ALL OF A TRACT OF LAND CONVEYED TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY BY INSTRUMENT RECORDED IN DOCUMENT NUMBER 19960719000606400, OFFICIAL RECORDS OF REAL PROPERTY, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the City Council of the City of Wylie, Texas ( "City Council ") under the authority 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 Ordinance 2013 -22 — Annexation - 8.052 Acres Francisco de la Pina Survey Page 1 of 3 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 l: 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 temporary zoning classification of Agriculture /30 (A /30) District, said property being described in Exhibit "A" (Legal Description) and Exhibit `B" (Boundary Map) attached hereto and made a part hereof for all purposes. SECTION 2: The Service Plan for the Property has been prepared in full compliance with Section 46.056, Local Government Code, and is attached hereto as Exhibit "C" and made a part hereof for all purposes. SECTION 3: 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 4: That the above described property shall be used only in the manner and for the purposes provided for by this Ordinance and the Comprehensive Zoning Ordinance of the City, and any amendments thereto. SECTION 5: 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 1.5 of the Zoning Ordinance, as the same now exists or is hereafter amended. SECTION 6: 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 7: 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 Ordinance 2013 -22 — Annexation - 8.052 Acres Francisco de la Pina Survey Page 2 of 3 cases. SECTION 8: 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.' SECTION 9: 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. DULY PASSED AND APPROVED by the City Council of the City of Wylie, Texas, this 14th day of May, 2013. Y,—e6r- Eric Hogue, Mayor TV ATTEST: 1`�� O,_yl 1 Carole Ehrlich, 01ty Secretary OpN p fE RAILW4 DATE OF PUBLICATION: drlI'8 OF TE�g Ordinance 2013 -22 — Annexation - 8.052 Acres Francisco de la Pina Survey Page 3 of 3 Annexation Exhibit KCS Wylie, TX Intermodal Page Iof2 EXHIBIT "A" Property Description BEING AN 8.052 ACRE TRACT OF LAND SITUATED IN THE FRANCISCO DE LA PINA SURVEY, ABSTRACT NUMBER 688, COLLIN COUNTY, TEXAS AND MORE PARTICULARLY, BEING ALL OF A TRACT OF LAND CONVEYED TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY (HENCEFORTH, REFERRED TO AS KCS TRACT I) BY INSTRUMENT RECORDED IN DOCUMENT NUMBER 19960719000606400, OFFICIAL RECORDS OF REAL PROPERTY, COLLIN COUNTY, TEXAS AND BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING at the intersection of the southerly line of the Kansas City Southern Railway Company right -of -way (a called 100 -foot wide right -of -way at this point, henceforth referred to as KCS RR ROW) by instrument recorded in Document Number 19941026000963290, said Official Records and the west right -of -way line of County Road No. 384 (Skyview Court) (a called 60 -foot right -of -way, no recording information found), being the Northeast comer of said KCS Tract 1; THENCE S 01 °00'56" E, along the common line of said KCS Tract I and said County Road No. 384 west right -of -way line, a distance of 357.00 feet to the Southeast corner of said KCS Tract I and the Northeast comer of a tract of land situated in said Pina Survey, conveyed to James C. Harris and wife, Dorris Harris by instrument recorded in Volume 571, Page 577, Deed Records of Collin County, Texas; THENCE N 88 003'22" W, departing the common line of said KCS Tract I and said County Road No. 384 west right -of -way line, with the common line of said KCS Tract I and said Harris tract, at a distance of 140 feet, pass the Northwest corner of said Harris tract and the Northeast corner of a tract of land situated in said Pina Survey conveyed to WPA Ministries by instrument recorded in Document Number 20090810001004530, said Official Records, continuing with the common line of said KCS Tract I and said WPA Ministries tract, in all, a total distance of 540.80 feet to the Northwest corner of said WPA Ministries tract and the Northeast corner of a tract of land situated in said Pina Survey, conveyed to Kansas City Southern Railway Company (henceforth referred to as KCS Tract II) by merger recorded in Document Number 20070803001083280, said Official Records (the description of said KCS Tract II being contained within the instrument recorded in Document Number 19960925000829480, said Official Records); Annexation Exhibit KCS Wylie, TX Intermodal Page 2 of 2 THENCE N 88 042'25" W, with the common line of said KCS Tract I and said KCS Tract II, passing at a distance of 1,276.87 feet the East corner of a tract of land situated in said Pina Survey, conveyed to said Kansas City Southern Railway Company (henceforth referred to as KCS Tract III) by instrument recorded in Document Number 19990521000634300, said Official Records, continuing along the common line of said KCS Tract I and said KCS Tract III, a total distance of 1,429.30 feet to a the intersection of the north line of said KCS Tract III and the south line of said KCS RR ROW for the west corner of said KCS Tract I; THENCE N 81 °51'05" E, departing the north line of said KCS Tract III, with the common line of said KCS Tract I and said KCS RR ROW, a distance of 839.56 feet; THENCE N 03 015'05" W, continuing with the common line of said KCS Tract I and said KCS RR ROW, a distance of 25.09 feet; THENCE N 8105 1'05" E, continuing with the common line of said KCS Tract I and said KCS RR ROW, a distance of 1,145.00 feet to the POINT OF BEGINNING containing 8.052 acres of land, more or less. Note: Bearings based on deed to the Kansas City Southern Railway Company recorded in Document Number 19960719000606400, O.R.O.R.P.C.C.T. Note: Plat to accompany this legal description. Note: All 5/8 -inch iron rods set have a yellow cap stamped "SAM INC." Note: This document was prepared under 22 TAC §663.21, does not reflect the results of an on the ground survey, and is not to be used to convey or establish interests in real property except those rights and interests implied or established by the creation or reconfiguration of the boundary of the political subdivision for which it was prepared." PRELIMINARY: THIS DOCUMENT SHALL NOT BE RECORDED FOR ANY PURPOSE. S. Kevin Wendell Registered Professional Land Surveyor Texas Registration Number 5500 Dated: February 25, 2013 S. KEVIN WENDELL 5500 Zr f-' c y�Lri Ff SS Ot ANNEXATION 30° 15D ° 300, N EXHIBIT B GRAPHIC SCALE IN FEET Y• • 300' FRANCISCO DE L A PINA SUR VEY, ABSTRACT NO. 688 )r"N025.09 5.,W r (N88° 42'25 "W 1,429.301) (1,276.87') SOTH� a a �w A� THE K/��Sqq�� CITY C. D SOUTCNAE�R�IEV RAILOW52AY�CQ 5 ANY DOC. NO. pp00KELM 0.R R.P.C.C.T. SOggUYYTHHEE KANSyAE$CYCITY PANY DOC. NOdS7DOR�Q3A 3280 CCcggE R�PTION �OHf`N PR RTY HE RECORD MID O � 160 J2S0 TOOan480 LE N D.R.C.C.T. DEED RECORDS, COLLIN COUNTY, TEXAS O.R.O.R.P.C.C.T.OFFICIAL RECORDS OF REAL PROPERTY, COLLIN COUNTY, TEXAS P.O.B. POINT OF BEGINNING NOTE1: A DESCRIPTION OF EVEN DATE TO ACCOMPANY TH'S PLAT. )! W 000 0 po (N88° 03'22 "W LO 1 (140.00' ) j �Rls Y � w..0 1.R.d 00C. ND0.P2000Ml0 1 104530 L' gN O o>-g c; �t a � °Oa d NOTE 2: THIS DOCUMENT WAS PREPARED UNDER 22 TAC §663.21, DOES NOT REFLECT THE RESULTS OF AN ON THE GROUND SURVEY. AND IS NOT TO BE USED TO CONVEY OR ESTABLISH INTERESTS IN REAL PROPERTY EXCEPT THOSE RIGHTS AND INTERESTS IMPLIED OR ESTABLISHED BY THE CREATION OR RECONFIGURATION OF THE BOUNDARY OF THE POLITICAL SUBDIVISION FOR WHICH IT WAS PREPARED. • PWCD 00 SHEET TITLE 245/200 3+5924 PM ANNEXATION EXHIBIT B 7101 ENVOY COURT y DALLAS, TEXAS 75247 (214) 651 -7688 - FAX: (214) 631 -7103 • v + • • !.. 3• • • PROJECT KCS WYLIE. TX INTERMODAL BEARINGS BASED ON DEED TO THE KANSAS CITY SOUTHERN RAILWAY COMPANY RECORDED IN DOC. N0. 19960719000606400 PG. 3 OF 3 OF THE O.R.O.R.P,C.C.T. 1 SCALE: A 1 URAWN Y: REVISED DATE: CITY OF WYLIE, TEXAS SERVICE PLAN FOR ANNEXED AREA KCS TRACT EXHIBIT "C" ANNEXATION ORDINANCE NO.: Ordinance No. 2013 -22 DATE OF ANNEXATION ORDINANCE: May 14, 2013 ACREAGE ANNEXED: 8.052 acres SURVEY, ABSTRACT & COUNTY: Francisco de la Pina Survey, Abstract No. 688, Collin 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. FIRE SERVICES 1. Fire protection by the present personnel and 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 services will be provided to this area as are furnished throughout 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 (60) days 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. I. 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. I 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 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. After recording return to: City Secretary's Office, 300 Country Club Road, Building 100, Wylie, TX 75098 Filed and Recorded Official Public Records Stacey Kemp, County Clerk Collin County: TEXAS 05/2412013 03:15:25 P11 $56.00 CJAMAL 20130524000719600 (Ir[I ;lfaeuIeI5itIII Ilia', - X, UTIAiy N101) it • The PI- klceIon FI era Id ?e, -St, Ii c New • THE WYLIE NEWS STATE OF TEXAS COUNTY OF COLLIN :Before me, the undersigned authority, on this day personally appeared Chad Engbrock, publisher 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: City of Wylie Ordinances was published in said newspaper on the following dates, to -wit: May 22, 2013 Chad Engbrock, Publisher Subscribed and sworn before me on this, the day of to certify which witness my hand and seal of office. pESHA D. HILL * MY COMMISSIO Ey WIRES gr Msch21, 2013 YAkyh-0,--)-b- Notary Public in and for The State of Texas My commission expires 'C:�:� Mu�phelSa�lrvc'Wvlie f f'ictt • 110 N. Ballard • P.O. Box 369 • 1V Ii ; TX 7 098 • 972 44? 551 5 . i`<u 97? --W2 -6318 [aum�'rct illclPrimc m on Offrcr • 101 S Main • F ()_ I>ox 5i2 • 3 arnlersvill<:,']'Y 75442 • 972 '118 6,97 - 1;vx 972..782 -7023 Wednesday, May 22, 2013 ORDINANCE NO. 2OM22 AN ORDINANCE ANNEXING A CERTAIN 8.052 ACRE TRACT OF LAND SITU- ATED :_ IN._THE FRANCISCO DE LA PINA SUR- VEY, ABSTRACT NO. 688, COLLIN COUNTY, TEXAS AND MORE pAR_ TICULARLY, BE- ING ALL OF A TRACT OF LAND CONVEYED To THE KANSAS CITY SOUTH- ERN - RAILWAY COMPANY BY IN- STRUMENT RE- CORDED IN DOC- UMENT NUMBER 1 9 9 6 0 7,1 9 000606400; OFFI- CIAL . RECORDS OF REAL PROP- ERTY, COLLIN COUNTY, TEXAS; PROVIDING FOR A PENALTY FOR THE VIOLATION OF THIS ORDI- NANCE; PROVID- ING FOR THE REPEAL OF ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABIL- ITY CLAUSE; AND PROVID- ING FOR AN EF FECTIVE DATE.