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Ordinance 2004-40 .1'.', r.. Ir::n j' C.Ifr,'JI ~,' L\ ..,= (!~ '18E?:2~;4 COUNTY CLERK'S MEMO PORTIONS OF THIS DOCUMENT NOT REPRODUCiBLE WHEN RECORDED AN ORDINANCE OF THE CITY OF WYLIE, TEXAS, ABANDONING A PORTION OF THE CUL-DE-SAC LOCATED ON COOPER DRIVE, CONTAINING 0.072 ACRE, MORE OR LESS, SITUATED IN THE S.B. SHELBY SURVEY, ABSTRACT NO. 820 AND BEING A PORTION OF COOPER DRIVE RIGHT-OF-WAY AS DEDICATED TO THE CITY OF WYLIE ACCORDING TO THE PLAT OF WYLIE INDUSTRIAL PARK, BLOCK A, AN ADDITION TO THE CITY OF WYLIE, RECORDED IN VOLUME 8, PAGE 55 OF THE MAP RECORDS OF COLLIN COUNTY, TEXAS; PROVIDING FOR REPEALING, SAVINGS AND SEVERABILITY CLAUSES; AND PROVIDING FOR AN EFFECTIVE DATE OF THIS ORDINANCE. ORDINANCE NO. 2004-40 <=> (J'1 ex> N o N 0'\ \.0 0'\ WHEREAS, the City Council of the City of Wylie, Texas (the "City Council") has received a requestto abandon, pursuantto ~311.007, Texas Transportation Code, a portion of the cul-de-sac located on Cooper Drive, containing 0.072 acre, more or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive right-of-way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie, recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas; and WHEREAS, the City Council has held a public hearing on the abandonment and notified the abutting property owners of the proposed abandonment of the portion ofthe right-of-way described herein; and WHEREAS, the City Council has investigated and determined that it is in the best interest and for the purpose of benefiting the public generally to abandon a portion of the Cooper Drive right- of-way as described herein and that it is not solely for the benefit of private interest. 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: Abandonment of Portion of Right-of-Way for Cooper Drive. Wylie hereby abandons a portion of the cul-de-sac located on Cooper Drive, containing 0.072 acre, more or less, situated in the S.B. Shelby Survey, Abstract No. 820 and being a portion of Cooper Drive right-of- way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie, recorded in Volume 8, Page 55 of the Map Records of Collin County, Texas, which abandonment is more particularly depicted and described in Exhibits "A" and "B", respectively, attached hereto and incorporated herein for all purposes. SECTION 3: Savings/Repealing Clause. 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 Ordinance #2004-40 Abandonment of a portion of Cul-De-Sac located on Cooper Drive 05821 02691 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 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. Wylie hereby declares that it would have passed this Ordinance, and each section, subsection, clause or phrase thereof irrespective of the fact that anyone or more sections, subsections, sentences, clauses and phrases be declared unconstitutional or invalid. SECTION 5: Effective Date. This Ordinance shall be effective immediately upon its passage and approval. DUL Y PASSED AND APPROVED BY THE CITY COUNCIL OF THE CITY OF WYLIE, TEXAS on this 14th day of December, 2004. . - - .. .. , .. , ~ I Q~,.",... ....<')0'.. ...:::- ;" IJ,-'L.-, ,,,.,,' ,,,,~:J ,," ", Ii I,"~ T'-''l-..l'' " /lll - ' L:. I \;-' \ \ ,\ 11I11I!' \1'-\\ Ordinance #2004-40 Abandonment of a portion of Cul-De-Sac located on Cooper Drive EXHIBIT "A" , \ r ('4 (~ ~ I~\ '~~ <:; ~ \ '-;.. \..1 , ' " \ (.... \' ~ ....J . ~~ I ~ ~,'; ..) L ~ I Square Footage Parcel rn 1,270 sq. ft. - 0.029 acre Parcel ~ 724 sq. ft. - 0.017 acre Parcel ~ 874 sq. ft. - 0,020 acre Parcel ~ 244 sq. ft. - 0.006 acre r' r. \'".(,. ..,I . ....J ' \ \ \ f C' Lf"' C \.. ~~ v ...:. 1\...... " C. I ,1"" ',,/ S''i' ...:. ....,AI lot 11 Duel Products. Inc. Volume 4361. Page 41B, D.R.C.C. T. I C> c..n CO N lot 1 0 Elcisting Right-of-Way ~ Proposed Right-of-Way ~ -~\ t ~ - orl\# ,'110'/) ..A t_oi 000r50' ~ign l-7 osed ~ ~ prOP ~ to ~ ;::::::-- ~~... ~_ ',:c:g:"G: h_' :,:".. -1. (~~ R'2'!:WoY) ~ . . Existing Right-of-Way Lot 9 ~ ~u. ":Ol,~'''' ""'... '" GOI~' '- (lIe(l~67>. '\ "~Q ;, '08 ort' r<i'c ~~'_ G. ' (\0 ,,<:> ' €.co (liB 'i)5l-'~ .N' vI Lot 7 Parcel 1 Vfl'L-\ S I p "fl.\< J\~L 1I-.l0S\J poge 55. 'o'"~~~r' Lot 8 Jon David Scheel Volume 5081, Page 4216, D.R.C.C. T. Parcel 3 C-6 Radius = SO.OO' Length = 61.24' Delta = 70iO'33" Chrd. 8rg, = N67"20'SS'E Chrd, Lftngfh = 57.4B' C-l Radius = 175.00' Length = 44.01' Delta = 14"24'33" Ch,.d, 8rg, = N75'33'59"E Ch,.d, Length = 43.B9' , C-2 Radius = SO. 00' Length = 76.19' Delta = 871B'26" Chrd. 8rg. = SS2.43'03"W Chrd. Length = 69.03' C-5 Radius'" 125.00' Length = 36.4S' Delta = 16'42'27" Ch,.d. 8rg. .. SBJ'S4'11"W Chrd. Length '" 36.32' Parcel 2 Parcel 4 C-B Radius '" 125.00' Length = IS. 68' Delta = On1'14" Chrd. 8,.g, = S71'57'20"W Ch,.d. Length = 1S.67' C-3 Radius '" 50.00' Length '" 48.77' Delta '" 5S'S3'11" Ch,.d. 8"g. = NSS'41'01"W Chrd, Length = 46.86' C-4 Radius = 175.00' Length = 28.98' Delta = 09"29'17" Ch,.d. 8rg. = N87'JO'S1"E Chrd. Length = 28.94' C-7 Radius = SO.OO' Length = 23.23' Delta = 26'J7'11" Chrd. 8rg. = S64iS'1O"E Chrd. Length = 23.02' ~~~ ~~ll~ Right-of-way Abandonment SBD'l': DAm: mB NO.: DRAffN BY: 1 OF 3 12/01/04 2004-0562-1 CSH 7J:I 2'Dwwr z.... ......,., .. Ihdte JIIe M'aIIIIIIq,"" ftrOlJII (fill) BJ4-IU4-IU7'O (hlr) BJ4 "" .., EXHIBIT "B" METES AND BOUNDS DESCRIP710N: Parcel 1 Being a tract or parcel of land situated in the City of Wylie, Collin County. Texas, being part of the S.B. Shelby Survey Abstract Number 820 and being a portion af Cooper Drive right-af-way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie recorded in Volume 8, Page 55 of the Map Records of Collin County. Texas, Texas and being more particularly described as follows: <=> (J1 CD N BEGINNING at an "X" cut in concrete found for comer in the curving southerly right-of-way line of said Cooper Drive (a 50 foot radius at this point), being the common northerly comer of Lot 7 and Lot 8 of said addition and being a westerly northwesterly comer of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 4572, Page 3563 of the Deed Records of Collin County. Texas; THENCE North 06"27'00" East along the northerly projection of the common line of said Lot 7 and Lot 8 and the northerly projection of a westerly line of said Wylie Economic Development Corporation tract a distance of 27.34 feet to an .X" cut in concrete set for comer within said Cooper Drive right-of-way; THENCE in a northeasterly direction within said right-of-way and along a curve to the left whose chord bears North 75'33'59" East, having a radius of 175.00 feet, a central angle of 14"24'33" and an arc length of 44.01 feet to "X" cut in concrete set for comer at the end of said curve to the left; C) N en \.D \0 THENCE North 68'21'44" East within said right-of-way a distance of 10.06 feet to a ~ inch iron rod with cap stamped "LONE STAR" set for comer in the curving easterly terminus of said Cooper Drive right-of-way. said iron rod also being in a westerly line of said Wylie Economic Development Corporation tract and Lot 9 of said addition; THENCE in a southwesterly direction along said easterly terminus and said westerly line, passing the most westerly corner of said Lot 9 and along the northwesterly line of said Lot 8 and also along a curve to the right whose chord bears South 52'43'03" West, having a radius of 50.00 feet, a central angle of 8718'26" and an arc length of 76.19 feet to the POINT OF BEGINNING and containing 1,270 square feet or 0.029 acres of land. Parcel 2 Being a tract or parcel of land situated in the City of Wylie, Collin County. Texas, being part of the S.B. Shelby Survey Abstract Number 820 and being a portion of Cooper Drive right-of-way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie recorded in Volume 8, Page 55 of the Map Records of Collin County. Texas, Texas and being more particularly described as follows: BEGINNING at an .X" cut in concrete found for corner in the curving southerly right-of-way line of said Cooper Drive (0 50 foot radius at this point), being the common northerly corner of Lot 7 and Lot 8 of said addition and being a westerly northwesterly corner of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 4572, Page 3563 of the Deed Records of Collin County. Texas; THENCE in a northwesterly direction along said right-of-way line and along the northeasterly line of said Lot 7 and along a curve to the right whose chord bears North 55"41'01" West, having a radius of 50.00 feet, a central angle of 55'53'11" and an arc length of 48.77 feet to an .X" found for comer in the southerly right-of-way line of said Cooper Drive (50 feet wide at this point), being the most northerly northeasterly comer of said Lot 7; THENCE South 87'44'33" East within said right-of-way and along the easterly projection of said southerly right-af-way line a distance of 12.87 feet to an "X" cut in concrete set at the beginning of a curve to the left; THENCE in a easterly direction within said right-of-way and along said curve to the left whose chord bears North 87'30'51" East, having a radius of 175.00 feet, a central angle of 09"29'17" and an arc length of 28.98 feet to an "X" cut in concrete set for comer; THENCE South 06'27'00" West along the northeasterly projection of the common line of said Lot 7 and Lot 8 I and the northeasterly projection of a westerly line of said Wylie Economic Development Corporation trao a / distance of 27.34 feet to the POINT OF BEGINNING and containing 724 square feet r 0.017 acres ~!/Iji'. " / ! ' I v ~~ J~~lI'~" 2 OF 3 DAD': 12/01/04 JOB NO.: 2004-0562-1 DRAJfN BY: CSH 'fJIf 2'uwer ,... ~ .. I1lIfte ,. JfdiDDeJ', r- 7INIlJP (WI) BI4-lJU-2J7D (,.) III.".....' .., "'""'('" EXHIBIT "B" METES AND BOUNDS DESCRIP710N: Parcel 3 Being a tract or parcel of land situated in the City of Wylie, Collin County, Texas, being part of the S.B. Shelby Survey Abstract Number 820 and being 0 portion of Cooper Drive right-of-way as dedicated to the City of Wylie according to the plat of Wylie Industrial Park, Block A, an addition to the City of Wylie recorded in Volume 8, Page 55 of the Map Records of Collin County. Texas, Texas and being more particularly described as follows: BEGINNING at an "X" cut in concrete set for comer in the curving northerly right-of-way line of said Cooper Drive (a 50 foot radius at this point), being the common southerly corner of Lot 10 and Lot 11 of said addition and being a westerly southwesterly comer of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 4572, Page 3563 of the Deed Records of Collin County, Texas; THENCE South 1214'00" West leaving said right-of-way line and along the southwesterly projection of said Lot 10 and Lot 11 and a southwesterly projection of a westerly line of said Wylie Economic Development Corporation tract a distance of 19.22 feet to an "X" cut in concrete set for corner within said Cooper Drive right-of-way; THENCE in a westerly direction within said right-of-way and along a curve to the right whose chord bears South 83'54'11" West, having a radius of 125.00 feet, a central angle of 16.42'27" and an arc length of 36.45 feet to an "X" cut in concrete set at the end of said curve to the right; THENCE North 87"44'33" West along the easterly projection of the northerly right-of-way line of said Cooper Drive (50 feet wide) a distance of 12.87 feet to an "X" cut in concrete found for comer, being the most southerly southeasterly corner of said Lot 11; THENCE in 0 northeasterly and easterly direction along said curving northerly right-of-way line and along the southeasterly line of said Lot 11 and along a curve to the left whose chord bears North 67"20'55" East, having a radius of 50.00 feet, a central angle of 70'10'33" and an arc length of 61.24 feet to the POINT OF BEGINNING and containing 874 square feet or 0.020 acres of land. Parcel 4 Being a tract or parcel of land situated in the City of Wylie, Collin County, Texas, being part of the S.B. Shelby Survey Abstract Number 820 and being a portion of Cooper Drive right-of-way as dedicated to the City of Wylie according to the plat of Wylie Industrial Pork, Block A, an addition to the City of Wylie recorded in Volume 8, Page 55 of the Map Records of Collin County. Texas, Texas and being more particularly described as follows: BEGINNING at an "X" cut in concrete set for corner in the curving northerly right-of-way line of said Cooper Drive (a 50 foot radius at this point), being the common southerly corner of Lot 10 and Lot 11 of said addition and being a westerly southwesterly corner of that tract of land described in deed to Wylie Economic Development Corporation recorded in Volume 4572, Page 3563 of the Deed Records of Collin County, Texas; THENCE in a southeasterly direction along the easterly terminus of said Cooper Drive right-of-way and the southwesterly line of said Lot 10 and a westerly line of said Wylie Economic Development Corporation tract and along a curve to the right whose chord bears South 6415'10" East, having a radius of 50.00 feet, a central angle of 26'37'11" and an arc length of 23.23 feet to a U inch iron rod with cap stamped "LONE STAR" set for corner; THENCE South 68.21'44" West leaving said right-of-way line a distance of 10.66 feet to an "X" cut in concrete set within said Cooper Drive right-of-way and at the beginning of a curve to the right,' THENCE in a westerly direction within said right-of-way and along said curve to the right whose chord bears South 71.57'20" West, having a radius of 125.00 feet, a central angle of 0711'14" and an arc length of 15.68 feet to an "X" cut in concrete set for corner; THENCE North 12i4'OO" East along the sauthwesterly projection of the common line of said Lot 10 and Lot 11 and the southwesterly projection of a westerly line of said Wylie Economic Development Corporation tract a distance of 19.22 feet to the POINT OF BEGINNING and containing 244 square feet or 0.006 acres land. 7n ro... Leae BIdIdlIr6 .. ".". J. JrdIImq,!'au ""., (WI) BJ4-IU4-1lJ7fI (IU) m4 -.fJU ... SBIt'l': v 3 OF 3 M2W: 12/01/04 lOB NO.: 2004-0562-1 DlUJfN BY: CSH ~ ~.tI\m ~ll~. I \ \ \ \\ I , I \ 1\ II , \ ~ \ \ II \ III 1,' I : I I I , ,I 1 I I I I' I \ I. , I \ 1 I / _, I I . , y \' ' I. , I \ \ / I. \ I I I \ ,\ / I. \ / . \ \ I / '\" II ,,' \ 1\\'1' I, . 11\11 I / '\ 111\, I I ~ I 1'1, I ---t IIII\~" / .,. ~ I\II'~ .... , 1111\ .. .. 111\\1 ,.. ", I \1 I I ' .. I 1\ .; .. ' \ ' .. ' ......,... '" , ...... ........ )\\, , ./ '.. I)~)I .... I I I ,., 1 I I" I \ I I, 0270 0582 , I I , I I I , I , I I ' '" I" \ . . I , I . , I , I . . I , I . . . I . I . I 1- I . I ~.~:::~~...._:~ "'''t..; I \ \ I I I ___-f ........ .... .. .. LI .. .. .. - - -.. ..- - - - ~ .. .. .. .. - -, '... "'- - () <:::J <:::J \J \\\ 7\1 :- N o o .j:>. L- o 0' (J) --- o .j:>. -' o o --- co x ::r 0' ;::;: a. to ::l -' N -- UJ N o o .j:>. (!) 6 N :.;. (JI ::t> ~ --......... ...... ......... -... ...... , ...... , ....------- = 'Q :c I ~ tlI2 '-r- I! :s 01:1I tlI2 ~ ", " .. ~ Q · - tlI2 I ~" z I ~ ~ 13 ~ .. ~ .. .. i"'_ I ~ ~ z~ ~= en .ll81HX3 D 7\1 - < \\\ \\\ >< ---\ \\\ Z <j) - <:::J Z z ~ ~. ,- i ~~: ~ ~:a ~ ~~r~ -~r H:::>H THE WYLIE NEWS l:overmg WylIe, Sachse, Murpny and the surroundmg area 110 N. Ballard 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, 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 the City of Wylie Ord. No.2004-38, Ord. No. 2004-39, Ord. No. 2004-40, Ord. No. 2004-41, Ord. No. 2004-42, Ord. No. 2004-43 was published in said newspaper on the following date(s), to-wit: Dec. 22, 2004. l1Jti!~Publisher Subscribed and sworn before me on this, the (g-f1~ day of 9~ to certify which witness my hand and seal of office. , 2005 ~~~\:.:,~~~.-\lt;o',;; ....;::;-;:i:". DA' MOONE" /......._~i>('\ A.... r '.,0/ ,\'l> Notary Public f ~ ( ~4t 1-\ State of Texas '\:;~\~ j-~~~" /~,l ..,~~..., .." Mv Comm Exp.01-02-07 ",,~~ "j " ~ a,c ;(1)~ , Notary Public in and for The State of Texas My commission expires 01102/07 c ~ " ~ ~ ~ ,... j -, '::J -- =' - 'J ~ Z ~ ,... ~ ? +- - ~ ~ " '.J~ m @ ~ - - - ~ c ~ ;.;; :;; :;;:: ~ 5- ~ c r :;7 ::: -l ~ ~ :? 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